number of conditions, such as equality of arms and respect for the principle of adversary proceedings, c/ These requirements are not respected where, as in the present case, the accused is denied the opportunity personally to attend the proceedings, or where he is unable properly to instruct his legal representative. In particular, the principle of equality of arms is not respected where the accused is not served a properly motivated indictment. In the circumstances of the case, the Committee concludes that the author's right under article 14, paragraph 1, was not respected. 6.7 The Committee finally notes that the State party has not addressed the author's claim of ill-treatment during his detention. In the Committee's opinion, the physical ill-treatment to which the author was subjected and the denial of food for five days, while not amounting to a violation of article 7 of the Covenant, dia violate the author's right, under article 10, paragraph 1, to be treated with respect for the inherent dignity of his person. 6.8 Finally, the Committee notes that the author was detained for a period of over a year at the penitentiary of Coiba, which according to the author's uncontested claim is a prison for convicted offenders, while he was unconvicted and awaiting trial. This, in the Committee's opinion, amounts to a violation of the author's right, under article 10, paragraph 2, to be segregated from convicted persons and to be subjected to separate treatment appropriate to his status as an unconvicted person. On the other hand, while the author has claimed to have been subjected to forced labour while awaiting his sentence, the Committee considers that this allegation has not been sufficiently substantiated as to raise issues under article 8, paragraph 3 <a), of the Covenant. 7. The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Eights, is of the view that the facts before it disclose violations of articles 9, paragraph 3, 10, paragraphs 1 and 2, and 14, paragraphs 1 and 3 <b> and (d), of the Covenant. 8. the Committee is of the view that Mr. Dieter Wolf is entitled to a remedy. The State party is under an obligation to ensure that similar violations do not occur in the future. 9. The Committee would appreciate receiving information, within 90 days, from the State party in respect of measures adopted pursuant to the Committee's views. [Done in English, French, Russian and Spanish, the English text being the original version.] -282-

Select target paragraph3