17 March 1983, particularly because of the return of the deceased's wife from
the United States to give evidence; moreover, it is uncontested that
Mr. Wright's counsel was instructed only on the very morning the trial was
scheduled to start and, accordingly, had less than one day to prepare
Mr. Wright's defence and the cross-examination of witnesses. However, it is
equally uncontested that no adjournment of the trial was requested by either
of Mr. Wright's counsel. The Committee therefore does not consider that the
inadequate preparation of the defence may be attributed to the judicial
authorities of the State party; if counsel had felt that they were not
properly prepared, it was incumbent upon them to request the adjournment of
the trial. Accordingly, the Committee finds no violation of article 14,
paragraph 3 (b).
8.5 With respect to the alleged violation of article 14, paragraph 3 (e), it
is uncontested that the trial judge refused a request from counsel to call a
witness on Mr. Wright's behalf. It is not apparent, however, that the
testimony sought from this witness would have buttressed the defence in
respect of the charge of murder, as it merely concerned the nature of the
injuries allegedly inflicted on the author by a mob outside the Waterford
police station. In the circumstances, the Committee finds no violation of
this provision.
8.6 Finally, the Committee has considered the author's allegation that he was
ill-treated by the police. While this claim has only been contested by the
State party in so far as its admissibility is concerned, the Committee is of
the view that the author has not corroborated his claim, by either documentary
or medical evidence. Indeed, the matter appears to have been raised in the
court of first instance, which was unable to make a finding, and brought to
the attention of the Court of Appeal. In the circumstances and in the absence
of further information, the Committee is unable to find that article 10 has
been violated.
8.7 The Committee is of the opinion that the imposition of a sentence of
death upon conclusion of a trial in which the provisions of the Covenant have
not been respected constitutes, if no further appeal against the sentence is
possible, a violation of article 6 of the Covenant. As the Committee noted in
its General Comment 6(16), the provision that a sentence of death may be
imposed only in accordance with the law and not contrary to the provisions of
the Covenant implies that "the procedural guarantees therein prescribed must
be observed, including the right to a fair hearing by an independent tribunal,
the presumption of innocence/ the minimum guarantees for the defence, and the
right to review of conviction and sentence by a higher tribunal, c/ In the
present case, since the final sentence of death was passed without having met
the requirements for a fair trial set out in article 14, it must be concluded
that the right protected by article 6 of the Covenant has been violated.
9.
The Human Eights Committee, acting under article 5, paragraph 4, of the
Optional Protocol to the International Covenant on Civil and Political Rights,
is of the view that the facts before the Committee disclose a violation of
article 14/ paragraph 1, and consequently of article 6 of the Covenant.
10. In capital punishment cases, 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 view that
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