Covenant.1 The Committee observes that in the
instant case, the author contested his detention
and claimed compensation through available
domestic remedies, and thereby invoked the
substantive rights contained in articles 9 and 14
of the Covenant.
6.6
With respect to the author’s allegation of
a violation of the principle of presumption of
innocence enshrined in article 14, paragraph 2, of
the Covenant, the Committee observes that this
provision applies only to criminal proceedings
and not to proceedings for compensation;
accordingly, it finds that this claim is
inadmissible under article 3 of the Optional
Protocol.
6.3
With regard to the author’s allegation
that his pre-trial detention was in violation of
article 9 of the Covenant, the Committee
observes that article 9, paragraph 3, allows pretrial detention as an exception; pre-trial detention
may be necessary, for example, to ensure the
presence of the accused at the trial, avert
interference with witnesses and other evidence,
or the commission of other offences. On the basis
of the information before the Committee, it
appears that the author’s detention was based on
considerations that there was a serious risk that,
if released, he might interfere with the evidence
against him.
6.7
With regard to the author’s allegation
that the hearing regarding his claim for
compensation was unfair, the Committee
observes that he has not substantiated it, for
purposes of admissibility, and that he has failed
to advance a claim under article 2 of the Optional
Protocol.
7.
The Human Rights Committee therefore
decides:
(a)
That the communication is inadmissible
under articles 2 and 3 of the Optional Protocol;
6.4
The Committee considers that, since pretrial detention to prevent interference with
evidence is, as such, compatible with article 9,
paragraph 3, of the Covenant, and since the
author has not substantiated, for purposes of
admissibility, his claim that there was no lawful
reason to extend his detention, this part of the
communication is inadmissible under articles 2
and 3 of the Optional Protocol.
(b)
the
6.5
With regard to the author’s allegation
that his right to compensation under article 9,
paragraph 5, was violated, the Committee recalls
that this provision grants victims of unlawful
arrest or detention an enforceable right to
compensation. The author, however, has not
substantiated, for purposes of admissibility, his
claim that his detention was unlawful. In this
connection, the Committee observes that the fact
that the author was subsequently acquitted does
not in and of itself render the pre-trial detention
unlawful. This part of the communication is
therefore inadmissible under articles 2 and 3 of
the Optional Protocol.
1
See communication No. 273/1988 (B. d. B. v.
the Netherlands), declared inadmissible on 30 March
1989.
35
That this decision shall be transmitted to
State party and to the author.
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