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 45

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents