CCPR/C/128/D/2367/2014
the author has failed to sufficiently substantiate, for the purposes of admissibility, these
allegations. Accordingly, it declares this part of the communication inadmissible under
article 2 of the Optional Protocol.
8.6
The Committee considers the author’s allegations that, on 21 August 2010, after
having been brought to police station No. 9, he was beaten, held in a cell where he could
only lie or sit on a concrete floor, not given food, not provided with access to a toilet and
was not allowed to sleep. The Committee notes, however, that the State party maintains that,
according to its records, the author was never placed in a cell for such a prolonged time but
was, instead, brought to an office (No. 39) for two hours before being transferred to a
temporary isolation ward. The Committee also notes that these allegations have been
reviewed by the courts and found to lack credibility, while, in his submission, the author
has failed to indicate whether and why these were decisions arbitrary or otherwise
unreasonable. The Committee also notes that the author has failed to provide details
regarding the alleged beatings, for example, on the methods used to beat him, exactly which
parts of his body were affected, which and how many police officers caused the beatings
and whether he sustained any injuries as a result.
8.7
In the light of the State party’s refutation of the allegations of the author and relevant
decisions of the courts, as well as the author’s failure to produce documentary evidence in
support of his allegations or to indicate if and why the decisions of the courts were arbitrary
or unreasonable, the Committee cannot conclude that the conditions in the detention centre
or the State party’s actions with regard to the author constituted a violation of his rights
under articles 7, 10 (1) and 14 (3) (g) of the Covenant. In the absence of any further
pertinent information on file, the Committee considers that the author has failed to
sufficiently substantiate, for the purposes of admissibility, these allegations. Accordingly, it
declares this part of the communication inadmissible under article 2 of the Optional
Protocol.
8.8
The Committee also considers the author’s allegations that his right to be presumed
innocent was violated when several media outlets published articles about his prosecution.
The Committee notes the State party’s contention that no confidential information was
revealed in the media coverage. The Committee reviewed the articles in question and was
able to ascertain that they do not disclose the name of the author or any other private or
identifying information. In the circumstances described by the parties, the Committee
cannot conclude that the media articles, which did not identify the author, violated his
rights under article 14 (2) of the Covenant. The Committee therefore considers that the
author has failed to sufficiently substantiate, for the purposes of admissibility, these
allegations. It therefore declares this part of the communication inadmissible under article 2
of the Optional Protocol.
8.9
In the Committee’s view, the author has sufficiently substantiated, for the purposes
of admissibility, his claims under article 14 (3) (e) of the Covenant, declares them
admissible and proceeds with the consideration of the merits.
Consideration of the merits
9.1
The Committee has considered the present communication in the light of all the
information submitted by the parties, in accordance with article 5 (1) of the Optional
Protocol.
9.2
The Committee considers the author’s claims that his right to call, obtain attendance
of and examine witnesses was violated in that he could not question the main witness for
the prosecution, in other words the victim, the victim’s teacher, L.M.A., and expert
witnesses, all of whom provided information against the author during the investigation but
were not called to court to testify or were otherwise not available for questioning by the
defence. Regarding the ability of a person to compel attendance of witnesses and to
examine and cross-examine them, the Committee recalls its general comment No. 32
(2007) on the right to equality before courts and tribunals and to a fair trial, in which it
underscored that this guarantee is important for ensuring an effective defence by the
accused and his or her counsel. It also notes, however, that the right of the accused to obtain
the examination of witnesses on his or her own behalf is not absolute. The accused only
have the right to have those witnesses admitted who are relevant for the defence and the
right to be given a proper opportunity to question and challenge witnesses against them at
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