5.2 The author also states that he was not obliged to invoke the specific article’s of the Covenant during the court proceedings. In this context, he refers to the Committee’s Views in communication No. 305/1988.1 He submits t hat his argument that doubt about guilt or innocence should not be allowed to influence his right to compensation, clearly referred to the presumptio innocentiae, as reflected in article 14, paragraph 2. only argued that doubt concerning guilt or innocence should not be allowed to influence his right to compensation under article 89 of the Code of Criminal Procedure. The State party further contends that the author could, pursuant to article 1401 of the Civil Code, have demanded compensation in a civil action. 4.2 The State party also argues that article 14, paragraphs 2 and 6, of the Covenant does not apply to the author’s case, and that the communication is therefore inadmissible as incompatible with the provisions of the Covenant under article 3 of the Optional Protocol. 5.3 The author submits that the interpretation by the State party of article 14, paragraphs 2 and 6, is too restrictive. He argues that there is no reason to make a distinction between a reversal of a conviction and an acquittal on appeal, as far as compensation for damages is concerned. He further stresses that an accused, who has not been proved guilty according to the law, should not bear the costs incurred in connection with the criminal prosecution. In this connection, he submits that his acquittal was exclusively due to the legal assistance provided by his counsel. He argues that under these circumstances the principle of fair procedure implies that the acquitted accused cannot be burdened with the costs of the defence. 4.3 The State party submits that the presumption of innocence, within the meaning of article 14, paragraph 2, does not preclude the imposition of pre-trial detention; it refers in this connection to article 9, paragraph 3, of the Covenant. It states that the author did not submit that his detention was unlawful and argues that no provision of the Covenant grants an accused the right to compensation for having undergone lawful pre-trial detention, in the event that he is subsequently acquitted. 4.4 The State party further notes that the judgment of the Supreme Court of 17 March 1987 cannot be regarded as a “new fact” within the meaning of article 14, paragraph 6, but that it is the outcome of an appeal and as such a continuation of the proceedings concerning the facts conducted before the lower courts. It also argues that, since an appeal to the Supreme Court. is the final domestic remedy, the judgment of the Arnhem Court of Appeal of 24 December 1985 cannot be regarded as a “final decision”. Finally, it contends that pre-trial detention cannot be considered as punishment within the meaning of article 14, paragraph 6, as it is an initial coercive measure and not imposed as a result of a conviction. Issues and proceedings before the Committee 6.1 Before considering any claims contained in a communication, the Human Rights Committee must, in accordance with rule 87 of its rules of procedure, decide whether or not it is admissible under the Optional Protocol to the Covenant. 6.2 With respect to the author’s allegation of a violation of the principle of presumption of innocence enshrined in article 14, paragraph 2, of the Covenant, the Committee observes that this provision applies only to criminal proceedings and not to proceedings for, compensation; it accordingly finds that this provision does not apply to the facts as submitted. 5.1 In his reply to the State party’s observations, the author contests that a civil action under article 1401 of the Civil Code is available to him. He submits that a civil claim for compensation is only possible in case of governmental tort and refers in this connection to a judgment of the Supreme Court of 7 April 1989. Since his pre-trial detention is to be considered-lawful, the question of tort does not arise in his case. He further submits that it is highly unlikely that a civil court will refute the criminal court’s judgment. 6.3 With regard to the author’s claim for compensation under article 14, paragraph 6, of the Covenant, the Committee observes that the conditions for the application of this article are: 1 See Official Records of the General Assembly, Fortyfifth Session, Supplement No. 40 (A/45/40), vol. II, annex IX, sect. M, Views adopted on 23 July 1990, para. 5.5. 28