bail, mainly on the ground that their construction
firm was in a state of bankruptcy owing to their
detention. Upon the advice of the public prosecutor,
bail was denied on 21 February 1986. The authors
complained that, although they had paid large sums
of money to the lawyer, no progress was being made
in their case, as he was ignoring their instructions.
On 31 July 1986, they dismissed the lawyer. As the
authors did not hear from him again, they assumed
that the lawyer had notified the relevant authorities
of their decision and that a legal aid lawyer would be
assigned to them. However, it was not until
22 October 1986 that the lawyer notified the court of
his withdrawal from the case.
2.5 On 19 July 1985, the authors were formally
charged with arson and causing damage to private
property. The indictment stated that the authors, on
16 July 1985, had left the bar at 3 a.m., driven away
in their camper, returned at 4 a.m. and thrown a
bottle containing petrol and petrol-soaked paper
through a window of the bar.
2.6 On 20 July 1985, they appeared before the
examining magistrate (Gandía No. 1) in order to
submit a statement denying their involvement in the
crime.
2.7 After having been held in police custody for
10 days, for five of which they were allegedly left
without food and with only warm water to drink,
they were transferred to a prison in Valencia.
2.11 On 1 November 1986, a new legal aid lawyer
was assigned to the authors. The trial was scheduled
to start on 3 November 1986. The first question from
the public prosecutor was what fuel their camper
used. The authors again replied that it ran on petrol,
which this time was translated as “gasolina”. After
having given the same reply three times, the authors
requested an adjournment of the trial, so that the
prosecution could verify their claim. They also asked
for an adjournment on the ground that they had had
only a 20-minute interview with their defence lawyer
since he had been assigned to their case. The trial
was postponed for two weeks.
2.8 On 29 July 1985, a lawyer was assigned to
them for the preliminary hearing; this lawyer
allegedly told the authors that, if they could pay a
certain amount of money, they would be released. It
is not clear from the authors’ submissions how the
preliminary hearing proceeded. It would appear,
however, that they claim that confusion and
misunderstandings were common, due to the
incompetence of the interpreter. In this context, it is
submitted that the police records stated that their
camper operated on “petróleo” (diesel). When asked
by the examining magistrate (who was also under the
impression that the camper ran on diesel) what
substance their spare container contained, they
replied to him that it was filled with petrol, which
was translated as “petróleo” by the interpreter. The
judge then said that they were lying. The authors
attempted to explain that their camper ran on petrol,
and that in the back of the vehicle they had a spare
four-litre container filled with petrol. According to
them, the judge must have seen or smelled from a
sample that the container was indeed filled with
“gasolina” (petrol), and since he believed that the
camper ran on diesel, he must have thought that
there was a container with petrol for manufacturing
the Molotov cocktail.
3.1 The authors complain that the legal aid lawyer
did not make much effort to prepare their defence.
They state that, when he visited them on
1 November 1986, he was accompanied by an
interpreter who spoke barely any English; the lawyer
did not even have the case file with him. After the
trial was adjourned, the lawyer only visited them on
14 November 1986, for 40 minutes, again without
the case file, and this time without the interpreter.
The authors further claim that, although the lawyer
was assigned and paid by the State party, he
demanded 500,000 pesetas from their father for
alleged expenses prior to the hearing.
3.2 With the assistance of two bilingual inmates,
the authors prepared their own defence. They
decided that Michael would defend himself in court
and that Brian would leave it to the lawyer, to whom
they provided all the relevant material.
2.9 Upon conclusion of the preliminary hearing,
the authors were informed that the trial would take
place in November 1985. However, the trial was
delayed, reportedly on the ground that some
documents
could
not
be
found.
On
26 November 1985, the authors were summoned to
court to sign some papers, whereupon the judge told
them that he would contact their lawyer in order to
set a new date for the trial. On 10 December 1985,
the authors informed the legal aid lawyer that his
services were no longer required, as they were not
satisfied with his conduct of the case.
3.3 On 17 November 1986, the authors were tried
in the Provincial High Court of Valencia. Through
the interpreter, Michael Hill informed the judge of
his intention to defend himself in person, pursuant to
article 6, paragraph 3 (c), of the European
Convention for the Protection of Human Rights and
Fundamental Freedoms. The judge asked him
whether he spoke Spanish and whether he was a
lawyer; when he replied in the negative, the judge
told him to sit down and be quiet.
2.10 The
authors
secured
private
legal
representation on 4 December 1985. On
17 January 1986, the lawyer submitted an
application to the court for the authors’ release on
3.4 The prosecution’s case was based solely on
an alleged eyewitness, who had testified during the
40
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