629. In case No. 439/1990 (CL.D. v. France), the complainant claimed to be a
victim of a violation of the right to a fair trial (art. 14 of the Covenant).
Article 14, paragraph 3 (f), guarantees the right to have the free assistance
of an interpreter if the accused in a criminal trial cannot understand or
speak the language used in court. The complainant, while understanding the
language used in court, preferred the use of another language and requested
the assistance of an interpreter, which was refused by the judge. The
Committee considered that the right to a fair trial did not imply that the
accused be afforded an opportunity to express himself in the language of his
choice. It therefore concluded that the complainant had failed to advance a
claim under the Optional Protocol {annex X, sect. X ) .
(c)
Competence of the Committee and incompatibility with the provisions of
the Covenant (Optional Protocol, art. 3)
630. In its work under the Optional Protocol the Committee has had several
occasions to point out that it is not a further court of appeal on the
domestic law of States parties against whom communications are brought.
631. In case No. 331/1988 (G.J. v. Trinidad and Tobago), the author, who had
been sentenced to death, had complained that the Court of Appeal, although
acknowledging that there had been irregularities during the trial at first
instance, had concluded that the irregularities had not affected the outcome
of the trial and had dismissed the author's appeal. The Committee, after
having examined the case, recalled that it was generally for the appellate
courts of States parties to the Covenant and not for the Committee to evaluate
the facts and evidence and to review the interpretation of domestic law by
those courts. Similarly, it was for appellate courts and not for the
Committee to review the judge's attitude during the trial, unless it was
apparent that the judge manifestly violated his obligations of impartiality.
Accordingly, the Committee declared the communication inadmissible (annex X,
sect* C ) .
632. Communication No. 351/1989 (N.A.J. v. Jamaica) concerned a Jamaican
citizen under sentence of death. The author claimed that his trial was unfair
and that a number of irregularities had occurred in its conduct. The
Committee decided that the communication was inadmissible under article 3 of
the Optional Protocol. It found that the allegations flid not come within the
scope of the Covenant under the right to a fair trial, as they related
primarily to the judge's instructions to the jury and the evaluation of
evidence, which were beyond the Committee's competence unless there was
manifest partiality or arbitrariness on the part of the judge (annex X,
sect. H ) .
633. In case No. 446/1991 (J.P. v. Canada), the Committee observed that the
scope of protection of the right to freedom of conscience and religion, as
covered by article 18 of the Covenant, did not entail a right for a
conscientious objector to refuse to pay taxes, part of which would be used to
defray military expenditures. It concluded that the facts as submitted did
not raise issues under any of the provisions of the Covenant and declared the
communication inadmissible as being incompatible with the provisions of the
Covenant (annex X, sect. 25). Communication No. 483/1991 (J.v.K. and
G.M.G.v.K.-S. v. the Netherlands), also concerning a refusal to pay taxes for
military expenditures, was similarly declared inadmissible (annex X,
sect. C C ) .
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