addressed by setting an appropriate sum of bail and
other conditions of release. The mere conjecture of a
State party that a foreigner might leave its
jurisdiction if released on bail does not justify an
exception to the rule laid down in article 9,
paragraph 3, of the Covenant. In these
circumstances, the Committee finds that this right in
respect of the authors has been violated.
right to fair trial does not entail that an accused who
does not understand the language used in Court, has
the right to be furnished with translations of all
relevant documents in a criminal investigation,
provided that the relevant documents are made
available to his counsel. Based on the records, the
Committee finds that the facts do not reveal a
violation of article 14, paragraph 3 (b), of the
Covenant.
12.4 The authors were arrested on 15 July 1985 and
formally charged on 19 July 1985. Their trial did not
start until November 1986, and their appeal was not
disposed of until July 1988. Only a minor part of this
delay can be attributed to the authors’ decision to
change their lawyers. The State party has argued that
the delay was due “to the complexities of the case”
but has provided no information showing the nature of
the alleged complexities. Having examined all the
information available to it, the Committee fails to see
in which respect this case could be regarded as
complex. The sole witness was the eyewitness who
gave evidence at the hearing in July 1985, and there is
no indication that any further investigation was
required after that hearing was completed. In these
circumstances, the Committee finds that the State
party violated the authors’ right, under article 14,
paragraph 3 (c), to be tried without undue delay.
14.2 The Committee recalls that Michael Hill
insists that he wanted to defend himself, through an
interpreter, and that court denied this request. The
State party has answered that the records of the
hearing do not show such a request, and that Spain
recognized the rights of “auto defence” pursuant to
the Covenant and the European Convention of
Human Rights, but that “such defence should take
place by competent counsel, which is paid by the
State when necessary”, thereby conceding that its
legislation does not allow an accused person to
defend himself in person, as provided for under the
Covenant. The Committee accordingly concludes
that Michael Hill’s right to defend himself was not
respected, contrary to article 14, paragraph 3 (d), of
the Covenant.
14.3 The Committee further observes that in
accordance with article 876 of the Spanish Code of
Criminal Procedure, the authors’ appeal was not
effectively considered by the Court of Appeal, since
no lawyer was available to submit any grounds of
appeal. Consequently, the authors’ right to have their
conviction and sentence reviewed, as required by the
Covenant, was denied to them, contrary to article 14,
paragraph 5, of the Covenant.
13. With respect to the authors’ allegations
regarding their treatment during detention,
particularly during the first 10 days when they were
in police custody (para. 2.7), the Committee notes
that the information and documents submitted by the
State party do not refute the authors’ claim that they
were not given any food during the first five days of
police detention. The Committee concludes that such
treatment amounts to a violation of article 10 of the
Covenant.
14.4 Given the Committee’s conclusion that the
authors’ right to a fair trial under article 14 was
violated, it need not deal with their specific
allegations relating to the adequacy of their
representation by a legal aid lawyer, the irregularities
of the identification parade, the competence of the
interpreters and the violation of the presumption of
innocence.
14.1 With regard to the right of everyone charged
with a criminal offence to have adequate time and
facilities for the preparation of his defence, the
authors have stated that they had little time with their
legal aid lawyer and that when the latter visited them
for only 20 minutes two days before the trial, he did
not have the case file or any paper for taking notes.
The Committee notes that the State party contests
this allegation and points out that the authors had
counsel of their own choosing. Moreover, in order to
allow the legal aid lawyer to prepare the case, the
hearing was adjourned. The authors have also
alleged that even though they do not speak Spanish,
the State party failed to provide them with
translations of many documents that would have
helped them to better understand the charges against
them and to organize their defence. The Committee
refers to its prior jurisprudence1 and recalls that the
15. The Human Rights Committee, acting in
accordance with article 5, paragraph 4, of the
Optional Protocol to the International Covenant on
Civil and Political Rights, finds that the facts before
it reveal a violation of articles 9, paragraph 3; 10 and
14, paragraphs 3 (c) and 5, of the Covenant, in
respect of both Michael and Brian Hill and of article
14, paragraph 3 (d), in respect of Michael Hill only.
16. Pursuant to article 2, paragraph 3 (a), of the
Covenant, the authors are entitled to an effective
remedy, entailing compensation.
17. Bearing in mind that by becoming a party to
the Optional Protocol, the State has recognized the
Committee’s competence to determine whether there
1
Views in case No. 451/1991, Harward v. Norway,
adopted on 15 July 1994, paras. 9.4 and 9.5.
47
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents