CCPR/C/123/D/2537/2015
criminal nature. It recalls that the guarantee afforded under this provision of the Covenant
applies to criminal offences only, and not to disciplinary measures that do not constitute
punishment for a criminal offence within the meaning of article 14 of the Covenant. 7
Accordingly, the Committee considers that these claims have not been sufficiently
substantiated for the purposes of admissibility and declares them inadmissible under article
2 of the Optional Protocol.
10.9 The Committee takes note of the author’s allegations, under article 15 (1) of the
Covenant, that he was convicted of acts or omissions that did not constitute criminal
offences. The author contends that it was not proven in the course of the criminal
proceedings that his conduct conformed to the constituent elements of the offences of
which he was charged; that he committed an error of the kind that precluded criminal
liability; and that his conduct was not wilfully culpable (para. 3.11). The Committee
observes, however, that the author does not argue that the offences of which he was
convicted by the Supreme Court (embezzlement by appropriation and contracting without
meeting the legal requirements) did not exist at the time of the events. The Committee thus
considers that the claims under article 15 (1) of the Covenant have not been sufficiently
substantiated for the purposes of admissibility and concludes that they are inadmissible
under article 2 of the Optional Protocol.
10.10 The Committee takes note of the author’s allegations that the State party violated his
rights under articles 7, 10 (1), 17 (1), 18, 19 and 26 of the Covenant in the manner in which
some of the hearings were organized, in the alleged politically motivated nature of the
criminal proceedings and the pretrial detention order issued against him, and in the
consequences of the proceedings (paras. 3.2, 3.12, 3.13, 5.3, 5.4 and 5.6). The Committee
considers that these claims are insufficiently substantiated for the purposes of admissibility
and declares them inadmissible under article 2 of the Optional Protocol.
10.11 The Committee takes note of the author’s general allegations that his rights under
articles 11, 14 (6) and 16 of the Covenant were violated by the State party (paras. 3.1, 3.9,
7.4 and 7.5). However, in the light of the information before it, in particular the information
provided by the author, the Committee notes that a violation of these rights cannot be
inferred from the circumstances of the case and that these complaints are manifestly
unfounded. Accordingly, the Committee concludes that these claims are inadmissible under
article 2 of the Optional Protocol.
10.12 The Committee takes note of the author’s allegations under articles 14 (5) and 25 of
the Covenant (paras. 3.8, 5.2 and 7.6). The Committee also takes note of the State party’s
argument that the complaint should be declared inadmissible for lack of substantiation
(paras. 4.17, 6.1 and 9.2). The Committee nevertheless considers that the author’s
allegations have been sufficiently substantiated for purposes of admissibility. The
Committee therefore finds that the author’s claims under articles 14 (5) and 25 are
admissible and proceeds to examine them on the merits.
Consideration of the merits
11.1 The Committee has considered the present communication in the light of all the
information made available to it by the parties, as provided under article 5 (1) of the
Optional Protocol.
11.2 The Committee takes note of the author’s allegation that the criminal proceedings
against him constituted a violation of article 14 (5) of the Covenant since there is no
mechanism that would have enabled him to appeal his sentence and apply to have the
conviction and sentence handed down by the Supreme Court on 17 July 2014 reviewed by a
higher tribunal (paras. 3.8 and 6.4). Given that the Constitutional Court had declared
several articles of the Code of Criminal Procedure that excluded the possibility of
contesting all convictions before a functionally or hierarchically superior authority, and also
an amendment to the Constitution, to be unconstitutional, the author lodged two appeals
7
12
General comment No. 32 (2007) on the right to equality before courts and tribunals and to a fair trial,
para. 57.
GE.18-22078
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