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.]
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