testimony, according to the author, was not only in contradiction with that of other prosecution witnesses but also internally inconsistent. The court rejected the testimony as an admissible defence for the colleague and accepted it as evidence against the author. Finally, the author contends that the court failed to consider highly relevant company documents, such as his instructions to company departments, the operational rules of the company, and measures adopted by him to streamline company activities. State party's observations 4. The State party concedes the admissibility of the communication. Mthough the arrest and then the detention (from 3 September 1986 until 16 February 1987) occurred prior to the entry into force of the Optional Protocol for Hungary on 7 December 1988, conviction on first instance occurred thereafter, on 8 February 1989. The State party notes that since the events that occurred before 7 December 1988 cannot be considered separately from the criminal proceedings against the author, the communication is admissible ratione temporis; it adds that all available domestic remedies have been exhausted in the case. Committee's admissibility decision 5.1 During its forty-first session, in March 1991, the Committee examined the admissibility of the communication. It considered that the author had failed to substantiate his allegation of a violation of article 11 of the Covenant. It further observed that, to the extent that the author's allegations pertained to evaluation of facts and evidence in his case, the communication was inadmissible under article 3 of the Optional Protocol. However, it found that the author's claim that he was unable to obtain a copy of his indictment might raise issues under article 14, paragraph 1, and that his claim that the court denied his request to have witnesses testify on his behalf might raise issues under article 14, paragraph 3, of the Covenant. 5.2 The Committee, accordingly/ declared the communication admissible in so far as it might raise issues under articles 10 and 14, paragraphs 1 and 3 (e), of the Covenant. State party's observations and author's comments thereon 6.1 By submission, dated 22 October 1991, the State party submits that it has conducted an investigation into the author's allegations regarding the circumstances of his detention. It concedes that, after being detained, the author's clothing was replaced by prison clothes; it argues that this was necessary for reasons of security, since the author was wearing jeans with a zipper, which might have caused injury. It submits that the investigating officer requested the author's wife to bring suitable clothes; it argues that the arrival of these clothes after one week, cannot be regarded as unreasonably long. 6.2 Regarding the author's complaint that only five minutes per day were allowed for personal hygiene, the State party concedes that detainees had relatively little time for personal hygiene and walking. It submits that, in accordance with the regulations, one and a half hour was available for 12 cells, housing 40 persons. As regards the walking space, the State party -319-

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