categorically dismissing the author's claims as baseless and asserting that
the judicial procedures in the case complied with the requirements of
Panamanian law. Consistent with the considerations detailed in paragraph 5.5
above, article 4, paragraph 2, of the Optional Protocol enjoins a State party
to investigate in good faith all the allegations of violations of the Covenant
made against it and its judicial authorities, and to furnish the Committee
with sufficient detail about the measures, if any, taken to remedy the
situation. The summary dismissal of the allegations, as in the present case,
does not meet the requirements of article 4, paragraph 2, At the same time,
the Committee notes that it is incumbent upon the author of a complaint to
substantiate his allegations properly.
6.2 While the author has not specifically invoked article 9 of the Covenant,
the Committee considers that some of his claims raise issues under this
provision, Although he has claimed that he should have been granted a "grace
period" of 48 hours to settle his debts before he could be arrested, the
Committee lacks sufficient information to the effect that his arrest and
detention were arbitrary and not based on grounds established by law. On the
other hand, the author has claimed and the State party has not denied that he
was never brought before a judge after his arrest, and that he never spoke
with any lawyer, whether counsel of his own choice or public defender, during
his detention. In the circumstances, the Committee concludes that article 9,
paragraph 3, was violated because the author was not brought promptly before a
judge or other judicial officer authorized by law to exercise judicial power.
6.3 The author has complained that he had no access to counsel. The State
party explains, however, that he had legal representation, without clarifying
whether such representation was provided by State-appointed counsel, nor
contesting the author's allegation that he never actually saw a lawyer. In
the circumstances, the Committee concludes that the reguirement laid down in
article 14, paragraph 3 (b), that an accused person have adequate time and
facilities to communicate with counsel of his own choosing has been violated,
6.4 With respect to the author's right, under article 14, paragraph 3 (c), to
be tried without unreasonable delay, the Committee cannot conclude that the
proceedings before the Ju&qado Octavo of Panama suffered from undue delays.
Similarly, in respect of the proceedings before the Juzgado Primero of
San Miguelito, it observes that investigations into allegations of fraud may
be complex and that the author has not shown that the facts did not
necessitate prolonged proceedings.
6.5 The author claims that the State party has violated his right to be tried
in his presence, protected by article 14, paragraph 3 (d). The Committee
notes that the State party has denied this allegation but failed to adduce any
evidence to the contrary, such as a copy of the trial transcript, and finds
that this provision has been violated.
6.6 The author claims that he was denied a fair trial; the State party has
denied this allegation by generally affirming that the proceedings against
Mr. Wolf complied with domestic procedural guarantees, rt has not, however,
contested the allegation that the author was not heard in any of the cases
pending against him, nor that he was never served a properly motivated
indictment. The Committee recalls that the concept of a "fair trial" within
the meaning of article 14, paragraph 1, must be interpreted as requiring a
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