the circumstances, due weight must be given to the
author's allegations, to the extent that they have been
substantiated.
2.6 As to the issue of exhaustion of domestic
remedies, it is submitted that criminal proceedings
against Mr. Bozize were to have been opened on
28 February 1991, allegedly in order to profit from
the momentary absence, owing to a trip abroad, of
his lawyer. However, the trial was postponed for
"technical reasons". Since then, the trial has
apparently been postponed on other occasions.
Mrs Bozize complains that in the months following
his arrest, her husband was denied access to counsel;
later, the family retained the services of a lawyer to
defend him. The lawyer, however, was denied
authorization to visit his client; the lawyer allegedly
also suffered restrictions of his freedom of
movement on account of his client.
5.2 The Committee decides to base its Views on
the following facts, which have not been contested by
the State party. Mr. François Bozize was arrested on
24 July 1989 and was taken to the military camp at
Roux, Bangui, on 31 August 1989. There, he was
subjected to maltreatment and was held
incommunicado until 26 October 1990, when his
lawyer was able to visit him. During the night of 10 to
11 July 1990, he was beaten and sustained serious
injuries, which was confirmed by his lawyer.
Moreover, while detained in the Camp at Roux, he
was held under conditions which did not respect the
inherent dignity of the human person. After his arrest,
Mr. Bozize was not brought promptly before a judge
or other officer authorized by law to exercise judicial
power, was denied access to counsel and was not, in
due time, afforded the opportunity to obtain a decision
by a court on the lawfulness of his arrest and
detention. The Committee finds that the above
amount to violations by the State party of articles 7, 9,
and 10 in the case.
The complaint
3.
It is submitted that the events described above
constitute violations of Mr. Bozize's rights under the
Covenant. Although the author does not specifically
invoke any provisions of the Covenant, it transpires
from the context of her submissions that her claims
relate primarily to articles 7, 9, 10, 14 and 19 of the
Covenant.
5.3 The Committee notes that although
Mr. Bozize has not yet been tried, his right to a fair
trial has been violated; in particular, his right to be
tried within a "reasonable time" under article 14,
paragraph 3 (c), has not been respected, as he does
not appear to have been tried at first instance after
over four years of detention.
The Committee's decision on admissibility
4.1 During its forty-fifth session, in July 1992, the
Committee considered the admissibility of the
communication. It noted with concern that in spite of
two reminders addressed to the State party, in July
and September 1991, no information or observations
on the admissibility of the communication had been
received from the State party. In the circumstances,
the Committee found that it was not precluded from
considering the communication under article 5,
paragraph 2 (b), of the Optional Protocol.
5.4 In respect of a possible violation of article 19
of the Covenant, the Committee notes that this claim
has remained unsubstantiated. The Committee
therefore makes no finding of a violation in this
respect.
4.2 On 8 July 1992, the Committee declared the
communication admissible in so far as it appeared to
raise issues under articles 7; 9; 10; 14, paragraphs 1
and 3; and 19 of the Covenant.
6.
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 disclose
violations of articles 7, 9, 10 and 14, paragraph 3 (c),
of the Covenant.
Examination of the merits
5.1 The State party did not provide any
information in respect of the substance of the
author's allegations, in spite of two reminders
addressed to it in June 1993 and February 1994. The
Committee notes with regret and great concern the
absence of cooperation on the part of the State party
in respect of both the admissibility and the substance
of the author's allegations. It is implicit in article 4,
paragraph 2, of the Optional Protocol and in rule 91
of the Committee's rules of procedure that a State
party to the Covenant must investigate in good faith
all the allegations of violations of the Covenant
made against it and its authorities and furnish the
Committee with the information available to it. In
7.
The Committee is of the view that
Mr. François Bozize is entitled, under article 2,
paragraph 3 (a), of the Covenant, to an effective
remedy, including his release and appropriate
compensation for the treatment suffered. The State
party should investigate the events complained of and
bring to justice those held responsible for the author's
treatment; it further is under an obligation to take
effective measures to ensure that similar violations do
not occur in the future.
8.
The Committee would wish to receive prompt
information on any relevant measures taken by the
State party in respect of the Committee's Views.
66
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