CCPR/C/115/D/2358/2014
merely made allegations of a general nature. The Committee therefore finds that this
complaint is not sufficiently substantiated for the purposes of article 2 of the Optional
Protocol, and that this part of the communication must therefore be declared
inadmissible under that article.
8.7 With reference to article 14, paragraph 1, of the Covenant, the Committee notes
the author’s claims that the judicial authorities were not impartial since his conviction
and sentence were based on testimony from biased witnesses; that the burden of proof
was reversed; and that he was convicted in the absence of any evidence that might
attest to his involvement in the offences attributed to him. In addition, the courts failed
to find that the crime of homicide for which he was tried under articles 117 and 119 of
the Criminal Code was time-barred, but arbitrarily ruled that the limitation period
started to run from 1 March 1985 and that the concept of dangerousness, established in
article 123 of the Criminal Code, was applicable to the author ’s case, so as to be able
to extend the term of limitation for the offence by one third. The Committee also takes
note of the State party’s arguments that the author was given a criminal trial in
accordance with all judicial guarantees and by independent and impartial courts; th at
some of his allegations, such as the lack of independence and impartiality of the
prosecutor in the trial, were never raised by him before national jurisdictions through
effective remedies, such as a request for disqualification; and that the courts fou nd
him criminally liable after examining and weighing all the evidence attesting to his
guilt.
8.8 The Committee notes that at this point in the communication the author ’s claims
basically refer to the evaluation of the facts and the evidence, and the appl ication of
domestic legislation by the courts of the State party. The Committee recalls its case
law, according to which it is for the courts of States parties to evaluate the facts and
the evidence in each case, or the application of domestic legislation, unless it can be
shown that such evaluation or application was clearly arbitrary or amounted to a
manifest error or denial of justice. 3 The Committee has examined the materials
submitted by the author, including the decisions of Court No. 19, the Appeal C ourt and
the Supreme Court, dated 21 October 2009, 26 August 2010 and 22 August 2011, and
considers that these materials do not show that the proceedings against the author
suffered from such defects. The Committee also considers that the decision to take 1
March 1985 as the starting date for calculating the period of limitation was not
arbitrary, as it took into account the fact that that was the date when democracy was
restored in the State party and that before that date the judicial authorities had not in
practice enjoyed full guarantees and freedom to bring criminal proceedings. It also
reflected the seriousness of the acts being tried, given that they might constitute
serious violations of human rights under the Covenant and other international treatie s.
The Committee considers, therefore, that the author has failed to provide sufficient
substantiation of his claim of a violation of article 14, paragraph 1, of the Covenant,
and that the communication is therefore inadmissible under article 2 of the Opti onal
Protocol.
8.9 The Committee takes note of the author ’s claims that he was unable to mount a
defence as the evidence used against him was gathered with no regard for due process,
no oversight by the defence and no certainty as to its authenticity or pr ovenance. The
Committee notes that the author has not explained to the Committee in what way his
right to a defence was restricted in the course of the criminal proceedings, and his
claims are not supported by any documentation that might lead to the concl usion that
his right to a defence was in fact impaired by the State party ’s authorities. The
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3
10/11
See communication No. 1616/2007, Manzano et al. v. Colombia, decision adopted on 19 March
2010, para. 6.4; and communication No. 1622/2007, L.D.L.P. v. Spain, decision adopted on 26 July
2011, para. 6.3.
GE.15-21845