CCPR/C/116/D/2231/2012
his counsel was absent, and could not question any witnesses at the Supreme Court
hearings. In this connection, the Committee recalls, in accordance with its long-standing
jurisprudence, that article 14 of the Covenant guarantees the right of accused persons to call
and question witnesses. This guarantee is important for ensuring an effective defence by the
accused and their counsel and thus guarantees the accused the same legal powers of
compelling the attendance of witnesses and of examining or cross-examining any witnesses
as are available to the prosecution.20 The Committee takes note of the State party’s
contention that the witnesses had no connection to the events in question or that that records
of the court hearings contained no mention of counsel’s request to call any additional
witnesses. The Committee notes, however, that it remains undisputed that the author’s
counsel was not able to question witnesses on the first day of trial, 2 September 2010, and
that the author was not able to call or cross-examine witnesses at the Supreme Court
hearing. In these circumstances, and on the basis of the material before it, the Committee
concludes that the State party violated the author’s rights under article 14 (3) (e) of the
Covenant.
8.7
The Committee, lastly, examines the author’s claims that his right to have adequate
time and facilities for the preparation of his defence were violated. The Committee notes
the author’s claims that the police and the prosecutor refused to allow him to meet with his
lawyer in private and withheld information necessary to prepare for his defence.
Furthermore, the author claims that on several occasions, relatives of the deceased police
officer physically attacked his lawyer on the premises of the police station and at the
prosecutor’s office and that the police and local prosecutors failed to intervene, creating a
general sense of fear that is incompatible with the proper execution of a defence lawyer’s
functions. There is also unrefuted evidence that on the first day of trial, 2 September 2010,
the author’s lawyer was not present at the hearings because he had not been notified in
time, while the court heard 16 prosecution witnesses. In the circumstances, the Committee
concludes that the facts as submitted reveal a violation of the author’s rights under article
14 (3) (b) of the Covenant.
9.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the facts before it disclose a violation of the author’s rights under article 7, read
separately and in conjunction with article 2 (3), and articles 9 (1), 10 (1) and 14 (3) (b) and
(e) of the Covenant.
10.
Pursuant to article 2 (3) (a) of the Covenant, the State party is under an obligation to
provide the author with an effective remedy. This requires it to make full reparation to
individuals whose Covenant rights have been violated. Accordingly, the State party is
obligated, inter alia, to take appropriate steps to immediately release the author; quash the
author’s conviction and, if necessary, conduct a new trial, in accordance with the principles
of fair hearings, presumption of innocence and other procedural safeguards; and provide the
author with adequate compensation. The State party is also under an obligation to take steps
to prevent similar violations occurring in the future.
11.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has
undertaken to ensure to all individuals within its territory or subject to its jurisdiction the
rights recognized in the Covenant and to provide an effective remedy when it has been
determined that a violation has occurred, the Committee wishes to receive from the State
20
16
See general comment No. 32 (2007) on the right to equality before courts and tribunals and to a fair
trial, para. 39.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents