Periodic Report of Peru and its Concluding
Observations of 6 November 1996,1 such trials by
special tribunals composed of anonymous judges are
incompatible with article 14 of the Covenant. It
cannot be held against the author that she furnished
little information about her husband's trial: in fact,
the very nature of the system of trials by “faceless
judges” in a remote prison is predicated on the
exclusion of the public from the proceedings. In this
situation, the defendants do not know who the judges
trying them are and unacceptable impediments are
created to their preparation of their defence and
communication with their lawyers. Moreover, this
system fails to guarantee a cardinal aspect of a fair
trial within the meaning of article 14 of the
Covenant: that the tribunal must be, and be seen to
be, independent and impartial. In a system of trial by
“faceless judges”, neither the independence nor the
impartiality of the judges is guaranteed, since the
tribunal, being established ad hoc, may comprise
serving members of the armed forces. In the
Committee’s opinion, such a system also fails to
safeguard the presumption of innocence, which is
guaranteed by article 14, paragraph 2. In the
circumstances of the case, the Committee concludes
that paragraphs 1, 2 and 3 (b) and (d) of article 14 of
the Covenant were violated.
International Covenant on Civil and Political Rights,
is of the view that the facts as found by the
Committee constitute violations of article 7 and
article 10, paragraph 1, of the Covenant as regards
Mr. Polay Campos' detention at Yanamayo, public
display in a cage during his transfer to Callao and
detention in total isolation during his first year of
incarceration at Callao and the conditions of his
continuing detention at Callao, and of article 14,
paragraph 1, as regards his trial by a tribunal of
“faceless judges”.
10. In accordance with article 2, paragraph 3 (a),
of the Covenant, the State party is under an
obligation to provide Mr. Victor Polay Campos with
an effective remedy. The victim was sentenced on
the basis of a trial that failed to provide the basic
guarantees of a fair trial. The Committee considers
that Mr. Polay Campos should be released unless
Peruvian law provides for the possibility of a fresh
trial that does offer all the guarantees required by
article 14 of the Covenant.
11. Bearing in mind that, by becoming a party to
the Optional Protocol, the State party has recognized
the competence of the Committee to determine
whether there has been a violation of the Covenant
or not and that, pursuant to article 2 of the Covenant,
the State party has undertaken to ensure to all
individuals within its territory and subject to its
jurisdiction the rights recognized in the Covenant
and to provide an effective and enforceable remedy
when a violation has been established, the
Committee wishes to receive from the State party,
within 90 days, information about the measures
taken to give effect to the Committee's Views.
9.
The Human Rights Committee, acting under
article 5, paragraph 4, of the Optional Protocol to the
1
See the annual report of the Committee for 1996
(A/51/40), paragraphs 350 and 363 on the same report.
See document CCPR/C/79/Add.72 (18 November 1996),
paragraph 11.
Communication No. 586/1994
Submitted by: Joseph Frank Adam [represented by counsel]
Alleged victim: The author
State party: Czech Republic
Declared admissible: 16 March 1995 (fifty-third session)
Date of adoption of Views: 23 July 1996 (fifty-seventh session)
Subject matter: Alleged discrimination in the
application of law on restitution of
confiscated property
Articles of the Optional Protocol and Rules of
procedure: 4, paragraph 2, and 5, paragraph 2
(a) and (b)
Procedural issues: Admissibility ratione materiae
and ratione temporis – Continuing effect of
the alleged violation – Exhaustion of domestic
remedies
Finding: Violation [article 26]
1.
The author of the communication is Joseph
Frank Adam, an Australian citizen, born in Australia
of Czech parents, residing in Melbourne, Australia.
He submits the communication on his own behalf
and on that of his two brothers, John and Louis. He
claims that they are victims of a violation of
Substantive issues: Prohibition of dicrimination
Articles of the Covenant: 2 (3) (a), and 26
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