FINAL DECISIONS A. Decisions declaring a decision inadmissible Communication No. 593/1994 Submitted by: Patrick Holland Alleged victim: The author State party: Ireland Declared inadmissible: 25 October 1996 (fifty-eighth session) sentence would be heavier if he would plead not guilty. In this context, the author states that one of his co-accused who pleaded not-guilty was indeed sentenced to a longer term of imprisonment. Subject matter: Fairness and impartiality of proceedings before Special Criminal Courts Procedural issues: Inadmissibility ratione temporis Exhaustion of domestic remedies 2.3 The author submits that there was no evidence against him, but that the police claimed that he had admitted to them that he knew about the explosives in his house. No tape recording of the author's alleged confession was provided; he did not sign any confession. Substantive issues: Unfair trial - Discrimination Article of the Covenant: 14 (1) Article of the Optional Protocol and Rules of procedure: 5 (2) (b) 2.4 The author explains that in April 1989, an acquaintance of his, A.M., stayed with him in his house, having come from England to inquire into the possibilities of renting a restaurant or pub. On 3 April 1989, they were joined by P.W., a friend of A.M., who had come to Dublin to attend a court hearing. The author states that he did not know P.W. before, but that he allowed him to stay at his house. The author, who had his own printing business, worked most of the time, only coming home to sleep or eat. At lunchtime on 6 April 1989, the police raided his house, and arrested him, A.M. and P.W. and a fourth acquaintance, a former colleague, who was visiting the author. Explosives were found in a black bag, but the author denies having had knowledge of their presence. 1. The author of the communication is Patrick Holland, an Irish citizen, born on 12 March 1939, at the time of submission of the communication serving a prison term in Ireland. He claims to be a victim of a violation by Ireland of articles 14 and 26 of the Covenant. Both the Covenant and the Optional Protocol entered into force for Ireland on 8 March 1990. The facts as submitted by the author 2.1 The author was arrested on 6 April 1989 under section 30 of the Offences against the State Act 1939 and charged with possession of explosives for unlawful purposes. He was tried on 27 June 1989 by a Special Criminal Court, together with four codefendants, found guilty and sentenced to ten years' imprisonment. On appeal against sentence, the Court of Appeal, on 21 May 1990, reduced the sentence to seven years' imprisonment, considering that the judgment of the Special Court might give the impression that he was convicted of a more serious charge, namely of possession of explosives for enabling others to endanger life. The author was released from prison on 27 September 1994. The complaint 3.1 The author claims that the trial against him was unfair, because the Special Criminal Court does not constitute an independent and impartial tribunal, in violation of article 14, paragraph 1, of the Covenant. In this connection, the author explains that the Irish Constitution permits the establishment of "special courts" for the trial of offences in cases where it is determined that the ordinary courts are inadequate to secure the effective administration of justice and the preservation of public peace and order. The author points out that it is the 2.2 At the trial before the Special Criminal Court, the author pleaded guilty of the charge, allegedly because his lawyer had told him that "in this court, they are going to believe the police" and that his 5