was justified in view of the complexities of the case;
bail was not granted because of the danger that the
authors would leave Spanish territory, which they
did as soon as release was granted.
9.2 As to the merits of the communication, the
State party explains that the interpreter was not a
person selected ad hoc by the local police but a
person designated by the Instituto Nacional de
Empleo (INEM) upon agreement with the Ministry
of Interior. Interpreters must have satisfied
professional criteria before being employed by
INEM. The records indicate that Isabel Pascual was
properly designated interpreter for the Hill brothers
in Gandía and include a statement from INEM with
respect to the assignment of Ms. Pascual and
Ms. Rieta.
9.8 The State party contends that the authors had
sufficient time and facilities to prepare their defence.
First they had counsel of their own choosing, and
when they dismissed him, legal aid counsel was
appointed and the hearing postponed to allow the
new counsel to familiarize himself with the case. It is
not true that Mr. Carbonell, the legal aid attorney,
demanded 500,000 pesetas from the authors before
trial. He did demand 50,000 pesetas for the case that
they would want to appeal to the Supreme Court, an
amount that is altogether reasonable for counsel of
one’s choosing. The authors, however, did not use
his services, but availed themselves of the services
of two other legal aid lawyers. The State party denies
the authors’ claim that the documentation was not
made available to them in English translation.
9.3 As to the authors’ desire to communicate with
the British Consulate, the State party contends that
the documents reveal that the Consulate was duly
informed of their detention.
9.4 As to the identification parade, the State party
rejects the authors’ description of having been
brought before the witness in handcuffs and next to
uniformed policemen. The State party affirms that
the procedural guarantees provided for in articles
368 and 369 of the Code of Criminal Procedure were
duly observed. Moreover, the identification parade
took place in the presence of the authors’ attorney,
Salvador Vicente Martínez Ferrer, whom the State
party contacted and who, according to the State
party’s submission, rejects the authors’ description
of the events. A document sent by the State shows
that the two other persons in the identification parade
were “inspectores” and formed part of the Superior
Police Corps, where no uniform is worn.
9.9 As to the oral hearing, it is stated that
Ms. Rieta was a well qualified interpreter and that
the authors’ only witness, Mr. Pellicer, affirmed
having recognized them and their pickup truck.
9.10 As to Michael Hill’s right to defend himself,
the records do not reveal that Michael Hill had
demanded the right to defend himself and that this
right was denied by the court. Moreover, Spanish
law recognizes, pursuant to the Covenant and the
European Convention, the right to defend oneself.
Such defence should take place by competent
counsel, which is paid by the State when necessary.
Spain’s reservation to articles 5 and 6 of the
European Convention concern only a restriction of
this right with respect of members of the Armed
Forces.
9.5 The State party rejects the allegation that the
Hill brothers had been kept for 10 days without food
and encloses a statement from the chief of the
Gandía Police and receipts allegedly signed by the
Hill brothers.
9.6 As to the duration of the criminal proceedings
up to the oral hearing: from 16 July to 24 October
1985 investigations, including into Michael Hill’s
prior criminal record, were carried out. On
26 November the authors were notified and they
designated their attorney. On 4 December 1985 the
file was referred by the Gandía Court to the
Audiencia Provincial de Valencia. On 28 December
the case was referred to the State attorney, who
presented his report and conclusions on
3 March 1986. On 10 September the Court fixed the
date for oral hearing on 3 November. On 22 October
1986 defence counsel withdrew. On 28 October the
Hill brothers asked for a legal aid lawyer. On
30 October Mr. Carbonell Serrano was appointed as
legal aid lawyer. On 3 and 17 November oral
hearings took place. The State party concludes that
this chronology indicates that there was no undue
delay on the part of the Spanish authorities.
9.11 As to the presumption of innocence, the
authors admit their presence in the club and the
number of beers consumed. In view of the evidence
given by an eyewitness, there is no basis to claim
that they were deemed guilty without evidence.
Authors’ comments
10.1 By letters of 8 January and 5 July 1996 the
authors contest the State party’s arguments on
admissibility and merits. As to the alleged abuse of
the right of submission, the authors claim that the
State party, in view of its manifold violations of their
rights in the course of their detention and trial, does
not come to the Committee with clean hands. They
contend that they acted properly in leaving the
territory of Spain, because they feared further
violations of their rights. Moreover, they did not
immediately leave Spanish territory upon their
release from prison on 14 July 1988 but five weeks
later, on 17 August, with no objection from the
9.7 The State party submits that the duration of
16 months of pretrial detention was not unusual. It
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