Octavo of Panama suffered from undue delays.
Similarly, in respect of the proceedings before
the Juzgado Primero of San Miguelito, it
observes that investigations into allegations of
fraud may be complex and that the author has not
shown that the facts did not necessitate
prolonged proceedings.
party has confined itself to statements of a
general nature, by categorically dismissing the
author’s claims as baseless and asserting that the
judicial procedures in the case complied with the
requirements of Panamanian law. Consistent with
the considerations detailed in paragraph 5.5
above, article 4, paragraph 2, of the Optional
Protocol enjoins a State party to investigate in
good faith all the allegations of violations of the
Covenant made against it and its judicial
authorities, and to furnish the Committee with
sufficient detail about the measures, if any, taken
to remedy the situation. The summary dismissal
of the allegations, as in the present case, does not
meet the requirements of article 4, paragraph 2.
At the same time, the Committee notes that it is
incumbent upon the author of a complaint to
substantiate his allegations properly.
6.5
The author claims that the State party
has violated his right to be tried in his presence,
protected by article 14, paragraph 3(d). The
Committee notes that the State party has denied
this allegation but failed to adduce any evidence
to the contrary, such as a copy of the trial
transcript, and finds that this provision has been
violated.
6.6
The author claims that he was denied a
fair trial; the State party has denied this
allegation by generally affirming that the
proceedings against Mr. Wolf complied with
domestic procedural guarantees. It has not,
however, contested the allegation that the author
was not heard in any of the cases pending against
him, nor that he was never served a properly
motivated indictment. The Committee recalls that
the concept of a “fair trial” within the meaning of
article 14, paragraph 1, must be interpreted as
requiring a number of conditions, such as
equality of arms and respect for the principle of
adversary proceedings.3 These requirements are
not respected where, as in the present case, the
accused is denied the opportunity to personally
attend the proceedings, or where he is unable to
properly instruct his legal representative. In
particular, the principle of equality of arms is not
respected where the accused is not served a
properly motivated indictment. In the
circumstances of the case, the Committee
concludes that the author’s right under article 14,
paragraph 1, was not respected.
6.2
While the author has not specifically
invoked article 9 of the Covenant, the Committee
considers that some of his claims raise issues,
under this provision. Although he has claimed
that he should have been granted a “grace
period” of 48 hours to settle his debts before he
could be arrested, the Committee lacks sufficient
information to the effect that his arrest and
detention were arbitrary and not based on
grounds established by law. On the other hand,
the author has claimed and the State party has not
denied that he was never brought before a judge
after his arrest, and that he never spoke with any
lawyer, whether counsel of his own choice or
public defender, during his detention. In the
circumstances, the Committee concludes that
article 9, paragraph 3, was violated because the
author was not brought promptly before a judge
or other judicial officer authorized by law to
exercise judicial power.
6.3
The author has complained that he had
no access to counsel. The State party explains,
however, that he had legal representation,
without clarifying whether such representation
was provided by State-appointed counsel, nor
contesting the author’s allegation that he never
actually saw a lawyer. In the circumstances, the
Committee concludes that the requirement laid
down in article 14, paragraph 3 (b), that an
accused person have adequate time and facilities
to communicate with counsel of his own
choosing has been violated.
6.7
The Committee finally notes that the
State party has not addressed the author’s claim
of ill-treatment during his detention. In the
Committee’s opinion, the physical ill-treatment
to which the author was subjected and the denial
of food for five days, while not amounting to a
violation of article 7 of the Covenant, did violate
the author’s right, under article 10, paragraph 1,
3
See Official Records of the General Assembly,
Forty-fourth Session, Supplement No. 40 (A/44/40),
annex 10, sect. E, communication No. 207/1986
(Morael v. France), Views adopted on 28 July 1989,
para. 93.
6.4
With respect to the author’s right, under
article 14, paragraph 3(c), to be tried without
unreasonable delay, the Committee cannot
conclude that the proceedings before the Juzgado
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