matter of the prejudicial presumption of guilt.
Furthermore, the information which the legal aid
lawyer failed to refute also had a very harmful effect
on Brian Hill, who had no previous criminal record
in the United Kingdom.
5.8 Regarding civil liability, the State reports that
the camper, valued at 2.5 million pesetas, was
offered at a public auction but remained unsold. It
was then handed over to the owner of the bar as
compensation for the damage caused in the fire.
5.9
The State party notes:
Committee’s admissibility decision
“That the accused were granted a
conditional release on 14 July 1988 and, following
the judgment of the Supreme Court in which the
appeal was dismissed, in violation of the
conditions of their provisional release, the Hill
brothers left Spain, and that, ‘according to the
statement by the British Vice-Consul, the brothers,
once they got out of prison in July or August last
year, left Spain and were not residing with their
parents, and were currently believed to be in
Portugal’. On 1 March 1989, the Provincial High
Court of Valencia therefore declared Michael John
and Brian Anthony Hill to be in contempt and
ordered that they be sought and taken into
custody.”
7.1 Before examining a complaint contained in a
communication, the Human Rights Committee
decides, pursuant to rule 87 of the its rules of
procedure, whether or not it is admissible under the
Optional Protocol to the Covenant.
7.2 The Committee ascertained, as required under
article 5, paragraph 2 (a), of the Optional Protocol,
that the matter had not been submitted under another
procedure of international investigation or
settlement. Taking into account all the information
submitted by the parties, the Committee concluded
that the domestic remedies referred to in article 5,
paragraph 2 (b), of the Optional Protocol had been
exhausted.
Authors’ comments
7.3 The Committee considered the statement by
the State party arguing that the Hill brothers had
abused the right of submission, but concluded that
only an examination of the merits of the case could
clarify whether the Hill brothers had abused that
right and whether the State party had violated the
Covenant.
6.1 In their comments of 6 July 1993, the authors
maintain that they are innocent and attribute their
conviction to a series of misunderstandings during
the trial caused by the lack of proper interpretation.
6.2 The authors reiterate that their rights were
violated, in particular the right to a fair trial with
guarantees of adequate time and facilities for the
preparation of the defence, and the right to defend
oneself in person and to examine witnesses. The
authors reject the State party’s accusation that they
fled Spain as soon as they were released, explaining
that they fulfilled the conditions of their provisional
release and then returned to their family in the
United Kingdom, having informed the authorities
of their address there and of their intention to
pursue the case in order to prove their innocence.
The Committee’s file shows that the Hill brothers
did in fact write to the Constitutional Court in
February 1990 to inquire about the outcome of their
appeal.
7.4 The Committee considered that the
allegations made under article 14 had been
sufficiently substantiated for purposes of
admissibility and, accordingly, should be examined
on the merits. The facts submitted to the Committee
also appeared to raise questions regarding articles 9
and 10 (see paras. 2.3 and 2.7 supra).
8.
On 22 March 1995, the Human Rights
Committee found the communication admissible.
Merits observations by the State party
9.1 In its statement dated 9 November 1995, the
State party refers to its previous observations and to
the documents already submitted, and reiterates that
the complaint is unfounded. In its submission dated
30 May 1996, the State party contends that the
communication should be declared inadmissible on
account of abuse of the right of submission. It argues
that the authors were placed on provisional liberty on
14 July 1988 on condition that they would appear
before the Audiencia Provincial de Valencia on the
first of every month. Instead of doing so, the Hill
brothers left Spain and returned to England. Because
of their breach of the conditions of release and
violation of Spanish law, they are estopped from
claiming that Spain has violated its commitments
under international law.
6.3 The authors reject the presumption of guilt
arrived at by the State party on the basis of an
Interpol report on Michael Hill. Firstly, the report
refers to events which took place in the United
Kingdom more than 14 years ago and to a previous
criminal record which had been expunged and was
therefore not admissible in court. The use of the
record by the Public Prosecutor’s Office was unfair
and prejudicial and the authors had no opportunity to
refute it at the oral proceedings, which lasted barely
40 minutes. They emphasize that Michael Hill was
denied the right to defend himself in person against
the presumption of guilt and that, furthermore, his
legal aid lawyer failed to follow his instructions. For
those reasons, no defence was put forward on the
44
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