11.4 In respect of the second claim, the Committee recalls that the right of an accused person to have adequate time and facilities for the preparation of his defence is an important element of the guarantee of a fair trial and a corollary of the principle of equality of arms. Sufficient time and facilities must be granted to the accused and his counsel to prepare the defence for the trial; this requirement applies to all the stages of the judicial proceedings. The determination of what constitutes "adequate time and facilities" requires an assessment of the individual circumstances of each case. In the instant case, it is uncontested that the author's defence was prepared on the first day of the trial. The Committee cannot ascertain, however, whether the Court actually denied counsel adequate time for the preparation of the defence. Similarly, the material before the Committee does not disclose whether either the author or his counsel complained to the trial judge that the time or facilities were inadequate. The Committee therefore finds no violation of article 14, paragraph 3 (b), of the Covenant during the trial at first instance. 11.5 In respect of the third claim concerning the author's representation before the Court of Appeal, it is uncontested that the author was only informed about the date of the hearing after it had taken place. He was therefore unable to communicate with his representative with regard to the appeal. Taking into account the combination of circumstances in the instant case, the Committee is of the view that the appeal proceedings did not meet the requirements of a fair trial, tinder article 14, paragraph 1 of the Covenant. 12, The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Sights, is of the view that the facts before the Committee disclose a violation of article 14, paragraph 1, of the Covenant. 13, It is the view of the Committee that, in cases in which a capital sentence may be pronounced, the obligation of States parties to observe rigorously all the guarantees for a fair trial set out in article 14 of the Covenant admits of no exception. The Committee is of the opinion that Mr. Alrick Thomas is entitled to an appropriate remedy. 14, The Committee wishes to receive information, within 90 days, on any relevant measures taken by the State party in respect of the Committee's views. [Done in English, French, Russian and Spanish, the English text being the original version.] Notes a./ According to the judgement of the Court of Appeal, the murder occurred on 25 November 1984, and the author was arrested on the same day. b_/ See sect. B above, communication No. 230/1987, views adopted on 1 November 1991. £/ See sect. J below, communication No. 283/1988, views adopted on 1 November 1991. -256-