CCPR/C/123/D/2537/2015
for the purposes of admissibility and concludes that they are inadmissible under article 2 of
the Optional Protocol.
10.6 The Committee takes note of the author’s allegations that the State party violated his
right to equality before the courts and before the law and his right to a fair trial, as
established in articles 14 (1) and 26 of the Covenant, since he was not treated in the same
manner as his co-defendants in the trial; that the sentence imposed by the Supreme Court
was disproportionate; that there was no equality of arms between the defence and the
prosecution during the trial; that the Attorney General had already expressed a view on his
case; and that the lead Supreme Court judge was in a situation of conflict of interest (para.
3.4). The Committee also takes note of the State party’s arguments that the criminal
proceedings brought against the author followed the procedure used for trials involving
citizens who, because of the duties they perform, as senior government officials, enjoy
parliamentary immunity; that the lead judge sought to recuse herself only from the decision
as to the point of the trial from which the number of representatives of the victims should
be limited; that the Criminal Chamber of the Supreme Court refused to accept her recusal
because it considered there to be no direct or indirect correlation between the case in which
the judge was a victim and the author’s case; and that the Attorney General delegated her
duties to another prosecutor who took part in the preparatory hearing and the oral
proceedings (paras. 4.4, 4.5, 4.7, 4.10 and 6.3). The State party also maintains that the
sentence imposed is not disproportionate and is consistent with legally established
sentencing guidelines, taking account of the author’s status as a former senior official and
as the highest authority of a State entity, and that the other co-defendants, who received
more lenient sentences, were rewarded for cooperating with the judiciary and agreeing to
early termination of their trials (para. 4.9). In view of the foregoing, the Committee
concludes that the author has failed to sufficiently substantiate these claims for purposes of
admissibility and therefore declares them inadmissible under article 2 of the Optional
Protocol.
10.7 The Committee takes note of the author’s claims under article 14 (2) and (3) (a), (b)
and (c) of the Covenant that his right to be presumed innocent has been violated by the
State party (para. 3.5); that he did not have adequate time and facilities for the preparation
of his defence, since the authorities denied him access to evidence and the Supreme Court
did not admit evidence essential for his defence; and that he was not tried without undue
delay (paras. 3.6, 3.7, 5.8, 7.2 and 7.3). The Committee also notes the State party’s
observations that the author had access to all facilities needed to prepare his defence and
submit evidence in the criminal proceedings, and that all evidence was duly evaluated by
the judicial authorities (paras. 4.6, 4.11 and 4.12). The Committee notes that the author’s
allegations concerning the essential nature of the evidence that was not admitted and the
alleged failure to try him without undue delay are insufficiently substantiated. Further, his
allegations relate primarily to the evaluation of the facts and evidence conducted by the
State party’s courts. The Committee recalls its case law according to which it is incumbent
on the courts of States parties to evaluate the facts and the evidence in each case, or the
application of domestic legislation, unless it can be shown that such evaluation or
application was clearly arbitrary or amounted to a manifest error or denial of justice. 6 The
Committee has examined the materials submitted by the parties, including the Supreme
Court ruling, and considers that these materials do not show that the criminal proceedings
against the author suffered from such defects. Accordingly, the Committee considers that
the author has failed to provide sufficient substantiation of his claim of a violation of his
right to a defence as enshrined in article 14 (2) and (3) (a), (b) and (c) of the Covenant and
that the communication is therefore inadmissible under article 2 of the Optional Protocol.
10.8 The Committee takes note of the author’s claims under article 14 (7) of the
Covenant that he was tried twice for the same acts (para. 3.10). The Committee notes,
however, that, from the information provided by the parties (para. 4.8), it is not possible to
conclude that the penalties imposed upon the author by the Attorney General’s Office,
within the framework of disciplinary administrative proceedings, constitute punishment of a
6
GE.18-22078
Manzano et al. v. Colombia (CCPR/C/98/D/1616/2007), para. 6.4, and L.D.L.P. v. Spain
(CCPR/C/102/D/1622/2007), para. 6.3.
11