has been a violation of the Covenant or not and that, pursuant to article 2 of the Covenant, the State party has undertaken to guarantee to all individuals within its territory or subject to its jurisdiction the rights recognized in the Covenant and to provide an effective and enforceable remedy in cases where a violation has been established, the Committee requests the State party to provide, within 90 days, information on the measures taken to give effect to the Committee’s Views. APPENDIX II Individual opinion submitted by Mr.Eckart Klein pursuant to rule 94, paragraph 3, of the Committee’s rules of procedure, concerning the Views of the Committee on communication No. 526/1993, Michael and Brian Hill v. Spain I do not share the opinion expressed in paragraph 14.4 of the Views that the Committee need not deal with the authors’ specific allegations relating to the adequacy of their representation by a legal aid lawyer, the irregularities of the identification parade, the competence of the court-appointed interpreters and the violation of the presumption of innocence. APPENDIX I Individual opinion submitted by Mr.Nisuke Ando pursuant to rule 94, paragraph 3, of the Committee’s rules of procedure, concerning the Views of the Committee on communication No. 526/1993, Michael and Brian Hill v. Spain The fact that the Committee found a violation of the authors’ right to a fair trial under article 14 regarding certain aspects (article 14, paragraphs 3 (c) and (d) and 5, of the Covenant) does not release the Committee from its duty to examine whether other alleged violations of the rights enshrined in article 14 of the Covenant have occurred. According to the authors, violations of article 14, paragraphs 1, 2 and 3 (f), should have been considered. I concur with the Committee’s Views with respect to article 14. However, I am unable to concur with the Committee’s finding with respect to article 10. According to the authors, they were held in police custody for 10 days, for five of which they were allegedly left without food and with only warm water to drink (see para. 2.7). The State party rejects this allegation and encloses a statement from the chief of Gandía Police as well as receipts allegedly signed by the authors (see para. 9.5). The authors assert that the allocation of funds specifically for food was misappropriated and that the State party’s lists do not refer to the first five days, when they allege to have been totally deprived of subsistence (see para. 10.4). The Committee is not in a position analogous to that of a national court which may and will, for grounds of time constraints, restrict itself to the most evident reasons that by themselves justify the nullification of the measure attacked. The authority of the Committee’s Views rests, to a great extent, on a diligent examination of all allegations made by the authors and on a convincing ratio decidendi. The influence of the Committee’s Views on State party behaviour will be strengthened only if all aspects of the matter have been thoroughly examined and all necessary conclusions have been argued clearly. Nevertheless, as the Committee itself recognizes (see para. 10.4), the lists refer to 11 days from 16 to 26 July 1985 and, contrary to the Committee’s finding that the lists show the authors’ signatures only for 21 and 24 July, the authors’ names with signatures appear on the lists for all 11 days. All the signatures do not seem exactly identical and it may be that the warders in charge of food supply may have signed on the authors’ behalf. Apart from this objection of a general nature, I do not think that article 14 of the Covenant should be seen just as an umbrella provision of the right to a fair trial. It is true that all provisions of the article are connected with the issue. But the express formulation of the different aspects of the right to a fair trial is founded on many varied good reasons, based on historical experience. The Committee should not encourage any view that some rights enshrined in article 14 of the Covenant are less important than others. In any event, the authors have not presented any evidence to refute the existence and content of the lists: that they were left without food for the first five days of their police detention remains a mere allegation. Under the circumstances, I am unable to concur with the Committee’s finding that the State party has not provided sufficient elements to refute the authors’ allegation and that it is in violation of article 10 of the Covenant (see para. 13). I do not think that the facts presented by the authors in this case reveal a violation of Covenant rights beyond the findings of the Committee. But I feel obliged to make clear my own point of view on this matter of principle. 48