3.7 In the meantime, and on 29 January 1987,
they submitted notification of their intention to
appeal. Subsequently they appointed a private
lawyer to represent them. On 24 March 1987 the
Supreme Court rejected the appointment of the
private lawyer because he was not registered in
Madrid. On 24 July 1987 the authors forwarded their
grounds of appeal to the Supreme Court. Since the
authors were not allowed to defend themselves in
person, the Court appointed a legal aid lawyer on
17 December 1987. On 28 March 1988, the lawyer
submitted to the Court that he did not find grounds
for appeal, after which the Court appointed a second
legal aid lawyer, on 12 April 1988, who also stated
that he found no grounds for appeal. On 6 June
1988, the Supreme Court, in conformity with article
876 of the Code of Criminal Procedure of Spain, did
not hear the appeal, giving the authors 15 days to
find a private lawyer. The authors then wrote to the
Bar Association (Colegio de Abogados), in
September 1987, requesting it to assign a lawyer and
a solicitor for their appeal; no reply was received,
however.
preliminary investigations that he had met with the
authors prior to the incident and that their camper
was parked in front of his house. At about 4 a.m.,
he had seen two youths resembling the authors
throw a flaming bottle into the bar and leave in a
grey camper. He had immediately called the police.
The authors submit that the statements made by the
witness during the preliminary investigations are
contradictory in a number of respects and that,
during the trial, the witness could not identify them.
He was asked three times by the judge to take a
look at the accused, and each time the witness said
that “he could not remember the youths”, that “he
was an old man” and that “it had happened 16
months
ago”.
Furthermore,
under
crossexamination, he failed to give a clear description of
the camper, and stated that “the vehicle used by the
perpetrators could have been British, Austrian or
even Japanese”.
3.5 The authors explain that, as the lawyer only
asked the witness four irrelevant questions about the
camper and did not take up the list of questions
which they had prepared specially about the
irregularities in the so-called identification parade,
Michael Hill again requested the right to defend
himself in person. He informed the judge that he
wanted to cross-examine the prosecution witness and
call a witness for the defence who was present in
court. The judge allegedly replied that he would
have the opportunity to do all those things on appeal,
demonstrating clearly that at that point he had
already decided to convict them in violation of their
right to be presumed innocent. After a trial lasting
barely 40 minutes, the authors were convicted as
charged and sentenced to six years and one day of
imprisonment and to the payment of 1,935,000
pesetas in damages to the owner of the bar.
3.8 In March 1988, the Ministry of Justice
informed the authors that they could initiate an
action for amparo before the Constitutional Court,
since the rights which they claimed had been
violated were protected by the Spanish Constitution.
3.9 On 6 July 1988, the authors (formally)
petitioned the court of first instance for their release,
pursuant to article 504 of the Code of Criminal
Procedure, which provides that a prisoner may be
released pending the outcome of his or her appeal
when he or she has served one half of the sentence
imposed. On 14 July 1988, the authors were released
and returned to the United Kingdom, having
informed the Spanish authorities of their address in
the United Kingdom and of their intention to pursue
the case.
3.6 The authors then wrote numerous letters to
various offices, such as the British Embassy in
Madrid, the Ministry of Justice, the Supreme Court,
the King of Spain and the Ombudsman, and to their
lawyer, complaining of an unfair trial and requesting
information on how to proceed further. The lawyer
replied that his legal aid services terminated upon the
conclusion of the trial, and that if they required
further assistance from him they would have to pay.
The Ministry of Justice referred the authors to the
court of first instance. By letter of 15 January 1987,
they requested the High Court of Valencia for a
retrial on the ground that their trial had been
unconstitutional and in violation of the European
Convention. In October 1987, they submitted for the
sixth time a petition to the High Court of Valencia,
complaining of unfair trial and this time requesting it
to assign legal counsel to them. By note of
9 December 1987, the Court replied that their
complaint was groundless and that it could not deal
with the matter.
3.10 The authors appealed (remedy of amparo) to
the Constitutional Court on 17 August 1988. Upon
their return to the United Kingdom, the authors made
several attempts to contact the lawyer and solicitor in
Spain, in order to obtain information on the status of
their appeal and the court documents, to no avail.
Finally, in April or May 1990, they were informed
through the British Embassy in Madrid that the
Constitutional Court had decided not to allow the
appeal to proceed. With this, it is submitted, all
available domestic remedies were exhausted.
The complaint
4.1 The authors, who proclaim their innocence,
express their indignation at the judicial and
bureaucratic system in Spain. According to them, it
was likely that they were the victims of a swindle by
the bar owner, who could have had a motive for
41
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