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 or
subject to its jurisdiction the rights recognized in
the Covenant and to provide an effective and
enforceable remedy in case a violation has been
established, the Committee wishes to receive from
the State party, within a period of 90 days,
information on the measures taken to give effect to
its views.
11. In accordance with the provisions of article 2,
paragraph 3 (a), of the Covenant, the State party has
an obligation to provide an effective remedy to the
author. In the Committee's view, that entails
compensation, and the State party is under an
obligation to ensure that there will be no such
violations in future.
12. Bearing in mind that, by becoming a party to
the Optional Protocol, the State party has
recognized the competence of the Committee to
Communication No. 526/1993
Submitted by: Micahel and Brian Hill [represented by a non-governmental organization]
Alleged victim: The authors
State party: Spain
Declared admissible: 22 March 1995 (fifty-third session)
Date of adoption of Views: 2 April 1997 (fifty-ninth session)
Spain. In July 1985, they went on holiday to Spain.
The Gandía police arrested them on 16 July 1985, on
suspicion of having firebombed a bar in Gandía, an
accusation which the authors have denied since the
time of their arrest, claiming that they were in the
bar until 2:30 a.m. but did not return at 4 a.m. to set
fire to the premises.
Subject matter: Detention and alleged unfair trial of
British citizens in Spanish courts
Procedural issues: Exhaustion of domestic remedies
- Sufficient substantiation of claim
Substantive issues: Adequacy of arrest procedure Right to trial without undue delay - Minimum
guarantees of defence in criminal proceedings
- Right to review of conviction and sentence
2.2 At the police station, the authors requested the
police to allow them to contact the British Consulate,
so as to obtain the aid of a consular representative
who could assist as an independent interpreter. The
request was denied, and a young, unqualified
interpreter, a student interpreter, was called to assist in
the interrogation, which took place without the
presence of defence counsel. The authors state that
they could not express themselves properly, as they
did not speak Spanish, and the interpreter’s English
was very poor. As a result, serious misunderstandings
allegedly arose. They deny having been informed of
their rights at the time of their arrest or during the
interrogation and allege that they were not properly
informed of the reasons for their detention until 7 or
8 hours, respectively, after the arrest.
Articles of the Covenant: 9, 10, 14 (1) (2),
(3) (b), (c), (d) and (e), and (5)
Article of the Optional Protocol and Rules of
procedure: 5, paragraph 2 (a) and (b)
Finding: Violation [articles 9, paragraph 3, 10 and
14, paragraphs 3 (c) and (d) and 5]
1.
The authors of the communication are
Michael Hill, born in 1952, and Brian Hill, born in
1963, both British citizens, residing in
Herefordshire, United Kingdom of Great Britain and
Northern Ireland. They claim to be victims of
violations by Spain of articles 9 and 10 and article
14, paragraphs 1, 2 and 3 (b) and (e), of the
International Covenant on Civil and Political Rights.
Michael Hill also invokes article 14, paragraph 3 (d),
of the Covenant. The Covenant entered into force for
Spain on 27 August 1977, and the Optional Protocol
on 25 April 1985.
2.3 The authors further state that they were
confronted with an alleged eyewitness to the crime
during a so-called identification parade made up of
the authors, in handcuffs, and two uniformed
policemen. The witness, who initially could not
describe the authors of the crime, eventually pointed
them out.
The facts as submitted by the authors
2.4 They also complain that their new camper,
valued at 2.5 million pesetas, as well as all their
money and other personal effects, were confiscated
and not returned by the police.
2.1 The authors owned a construction firm in
Cheltenham, United Kingdom, which declared
bankruptcy during the detention of the authors in
39
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