justice and therefore declares both claims
inadmissible under article 2 of the Optional Protocol.
the evidence submitted against the author was
sufficient to counter the presumption of his
innocence. Consequently, this part of the
communication is insufficiently substantiated for the
purposes of admissibility, and the Committee
concludes that it is inadmissible under article 2 of
the Optional Protocol.3
6.5 With regard to the author’s allegation of a
violation of article 14, paragraph 3 (e), on the
grounds that the expert opinion presented at the
review stage was rejected, the Committee recalls that
the right referred to in the above provision is not
absolute, in the sense that it does not allow for the
submission of evidence at any time or in any
manner, but is intended to guarantee “equality of
arms” between the parties during the trial. The
Committee takes note of the Supreme Court’s
argument that the author did not avail himself of the
right to submit the evidence in question in the courts
of first and second instance, although the evidence
could have been obtained before the trial was held in
the Criminal Court. Consequently, the Committee
considers that this part of the communication is
insufficiently substantiated for the purposes of
admissibility and concludes that it is inadmissible
under article 2 of the Optional Protocol.
6.7 With regard to the violation of article 26
alleged by the author, in the sense that he did not
enjoy equal treatment before the law, the Committee
considers that the author has not shown any
allegedly discriminatory treatment on the part of the
domestic courts with respect to the aforementioned
article. Consequently, the Committee considers that
the allegations in question are insufficiently
substantiated for the purposes of admissibility and
that the part of the communication in question is
inadmissible under article 2 of the Optional Protocol.
7.
The Human Rights Committee therefore
decides:
(a)
That
the
communication
is
inadmissible under article 2 of the Optional Protocol;
and
6.6 With regard to the alleged violation of article
14, paragraph 5, the Committee considers that from
the judgement of the Madrid Provincial High Court
it is clear that that body carefully examined the
Criminal Court’s assessment of the evidence. In this
respect, the Provincial High Court considered that
(b)
That
this
decision
shall
be
communicated to the author of the communication
and the State party.
3
Cf. communications Nos. 1399/2005, Cuartero Casado
v. Spain, para. 4.4, and 1059/2002, Carvallo Villar v.
Spain, para. 9.5.
9
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