from the judgement that the Supreme Court looked
at the author’s allegations in great detail and
considered the evidence submitted in the trial and
referred to by the author in his appeal, and found that
there was sufficient incriminating evidence to rule
out errors in weighing the evidence and set aside the
presumption of innocence in the author’s case.3 The
Committee finds that this part of the complaint of a
violation of article 14, paragraph 5, is not duly
substantiated by the author.
3
For similar cases, see communication No. 1059/2002,
Carvallo v. Spain, decision of 28 October 2005;
communication No. 1399/2005, Cuartero v. Spain,
decision of 25 July 2005, para. 4.4; communication
No. 1356/2005, Parra Corral v. Spain, decision of 29
March 2005, para. 4.3; communication No. 1389/2005,
Bertelli v. Spain, decision of 25 July 2005, para. 4.5.
119
119
10. The Human Rights Committee, acting under
article 5, paragraph 4, of the Optional Protocol to the
International Covenant on Civil and Political Rights,
is of the view that the facts before it do not disclose
a violation of article 14, paragraph 5, of the
Covenant.
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