allegations, and incompatibility of the claims
with the Covenant.
Complaint
3.1
The author claims that his continued
detention constituted a violation of article 9,
paragraph 3, of the Covenant. He acknowledges
that a reasonable suspicion that criminal acts had
taken place was present in his case, but contends
that continued pre-trial detention should only be
allowed in order to prevent flight or the
commitment of further crimes. The author claims
that, in the absence of serious grounds to assume
that he would leave the jurisdiction or commit
further crimes, 107 days of pre-trial detention
was unreasonably long. He submits that he had
offered bail, but that this offer was ignored by the
Dutch authorities.
4.2
The State party contends that the author
has not exhausted domestic remedies, since he
never invoked the substantive rights of the
Covenant during the domestic procedures,
although he had the opportunity to do so.
4.3
As regards the author’s allegation that
article 9, paragraph 3 of the Covenant was
violated by keeping him in pre-trial detention
for 107 days, the State party refers to its
legislation, which prescribes that detention, after
an initial 4 days, be ordered by an examining
magistrate, and after another 12 days, by the
District Court. The District Court can only order
detention not exceeding 30 days, which period
may be extended twice. Grounds on which pretrial detention may be ordered are laid down in
articles 67 and 67a of the Code of Criminal
Procedure, and only apply when there is a high
level of evidence that the suspect committed a
serious crime, carrying a prison sentence
of 4 years or longer.
3.2
The author further claims that he has a
right to compensation, pursuant to article 9,
paragraph 5, since he was acquitted of the
charges against him. In his opinion, the ground
given by the Court of Appeal to reject his
petitions for compensation constitutes a violation
of article 14, paragraph 2, of the Covenant. He
argues that this provision must be interpreted
broadly and should also apply to procedures for
compensation following acquittal of a criminal
charge.
4.4
The State party argues that the author’s
detention was in accordance with the law,
given the seriousness of the suspicions against
him. The Court ordered his detention under
article 67a, paragraph 2.3 of the Code, which
provides that pre-trial detention can be lawfully
imposed if it is reasonable to suppose that this is
necessary to enable the facts to be established,
other than through statements made by the
suspect. The State party argues that the detention
was necessary in order to prevent the
investigation from being impeded by the author
influencing fellow suspects and witnesses, and
obliterating the traces of the offence in
other ways.
3.3
Finally, he claims that the decisions
rejecting his petitions pursuant to articles 89 and
591a of the Code of Criminal Procedure were
beset with irregularities which constitute a
violation of article 14, paragraph 1. With respect
to his petition under article 89, he points to two
irregularities: firstly, the Chamber (Raadkamer)
of the Amsterdam Court of Appeal was not
composed of the judges who had previously
decided on the criminal case, as is prescribed by
law, and secondly, one of the judges participating
in the decision had not even taken part in the
examination of his request. With respect to the
rejection of his petition under article 591a, the
author claims that the written judgement of the
Court of Appeal did not permit the identification
of its signatories. The author alleges that the
refusal to grant him compensation is the direct
result of the composition of the Chamber.
State party’s observations and the author’s
comments thereon
4.5
As regards the author’s allegation that
article 9, paragraph 5, has been violated, the
State party submits that serious suspicions
existed that the author had committed criminal
offences and that his detention was not unlawful.
Thus, the State party argues that this part of the
communication should be declared inadmissible
as incompatible with the provisions of the
Covenant.
4.1
By submission, dated 25 October 1991,
the State party argues that the communication is
inadmissible on the grounds of non-exhaustion of
domestic remedies, non-substantiation of the
4.6
With regard to the alleged violation of
article 14, paragraph 2, the State party argues that
this provision applies to criminal proceedings
only, and not to proceedings to assess
33
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