Periodic Report of Peru and its Concluding Observations of 6 November 1996,1 such trials by special tribunals composed of anonymous judges are incompatible with article 14 of the Covenant. It cannot be held against the author that she furnished little information about her husband's trial: in fact, the very nature of the system of trials by “faceless judges” in a remote prison is predicated on the exclusion of the public from the proceedings. In this situation, the defendants do not know who the judges trying them are and unacceptable impediments are created to their preparation of their defence and communication with their lawyers. Moreover, this system fails to guarantee a cardinal aspect of a fair trial within the meaning of article 14 of the Covenant: that the tribunal must be, and be seen to be, independent and impartial. In a system of trial by “faceless judges”, neither the independence nor the impartiality of the judges is guaranteed, since the tribunal, being established ad hoc, may comprise serving members of the armed forces. In the Committee’s opinion, such a system also fails to safeguard the presumption of innocence, which is guaranteed by article 14, paragraph 2. In the circumstances of the case, the Committee concludes that paragraphs 1, 2 and 3 (b) and (d) of article 14 of the Covenant were violated. International Covenant on Civil and Political Rights, is of the view that the facts as found by the Committee constitute violations of article 7 and article 10, paragraph 1, of the Covenant as regards Mr. Polay Campos' detention at Yanamayo, public display in a cage during his transfer to Callao and detention in total isolation during his first year of incarceration at Callao and the conditions of his continuing detention at Callao, and of article 14, paragraph 1, as regards his trial by a tribunal of “faceless judges”. 10. In accordance with article 2, paragraph 3 (a), of the Covenant, the State party is under an obligation to provide Mr. Victor Polay Campos with an effective remedy. The victim was sentenced on the basis of a trial that failed to provide the basic guarantees of a fair trial. The Committee considers that Mr. Polay Campos should be released unless Peruvian law provides for the possibility of a fresh trial that does offer all the guarantees required by article 14 of the Covenant. 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 or not and that, pursuant to article 2 of the Covenant, the State party has undertaken to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the Covenant and to provide an effective and enforceable remedy when a violation has been established, the Committee wishes to receive from the State party, within 90 days, information about the measures taken to give effect to the Committee's Views. 9. The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the 1 See the annual report of the Committee for 1996 (A/51/40), paragraphs 350 and 363 on the same report. See document CCPR/C/79/Add.72 (18 November 1996), paragraph 11. Communication No. 586/1994 Submitted by: Joseph Frank Adam [represented by counsel] Alleged victim: The author State party: Czech Republic Declared admissible: 16 March 1995 (fifty-third session) Date of adoption of Views: 23 July 1996 (fifty-seventh session) Subject matter: Alleged discrimination in the application of law on restitution of confiscated property Articles of the Optional Protocol and Rules of procedure: 4, paragraph 2, and 5, paragraph 2 (a) and (b) Procedural issues: Admissibility ratione materiae and ratione temporis – Continuing effect of the alleged violation – Exhaustion of domestic remedies Finding: Violation [article 26] 1. The author of the communication is Joseph Frank Adam, an Australian citizen, born in Australia of Czech parents, residing in Melbourne, Australia. He submits the communication on his own behalf and on that of his two brothers, John and Louis. He claims that they are victims of a violation of Substantive issues: Prohibition of dicrimination Articles of the Covenant: 2 (3) (a), and 26 121