investigation represented no more than 5 per cent of the company's total
turnover and that, as the departmental activities were carried out some 150
kilometres from headquarters, it was difficult for him to verify them and, if
necessary, intervene.
2.3 On 8 February 1989, the author was convicted by the city court of
Kaposvar and sentenced to two years' and eight months' imprisonment; property
valued at 400,000 forint belonging to him was confiscated. On 13 July 1989,
the Court of Appeal confirmed the prison sentence but reduced the confiscation
of property to 130,000 forint. It further ordered the author to pay legal
expenses in the amount of 60,000 forint. His lawyer applied for leave to
appeal to the Supreme Court, but the petition was dismissed in
September 1989. The author, who began serving his sentence on 13 August 1989,
appealed to the Minister of Justice and requested a retrial, without success.
On 26 June 1990, he was released by virtue of an amnesty decree.
Complaint
3.1 The author contends that his arrest and detention by the police of Somogy
County were arbitrary, since no adequate evidence could be produced to support
the charges, and that the conditions of his pre-trial detention were
deplorable. In this context, he notes that detainees in the police lock-up/
including himself, were dressed in rags, and that he was not able to retrieve
his own clothes for an entire week. Only five minutes were allowed for basic
hygiene in the morning, and a shower could be taken only once a week;
similarly, a mere five minutes of recreation per day were allowed, which
consisted of a walk in an open place about 20 square metres in size, against
the walls of which warders frequently urinated. Meals were wholly inadequate,
and although the author was able to receive some food from home during
weekends, he lost over 10 kilograms during five and a half months of pre-trial
detention. The warders allegedly intimidated him by suggesting that if no
confession was obtained, they wouia fabricate different, constantly changing,
charges so as to justify an extension of the detention. This, the author
adds, exposed him to continued mental stress,
3.2 The author contends that he was never able to see a copy of his
indictment, although, when summoned to the party office for the first time,
the investigators of his case were in possession of a copy.
3.3 The author submits that he did not have a fair trial, and that the
judicial proceedings against him were a travesty of justice. Thus, his
application to have witnesses testify on his behalf was rejected by the court;
in particular, the legal adviser of his former company, a witness whose
testimony was requested by both the prosecution and the author, was never
heard, in spite of the fact that he was knowledgeable about the company's
financial situation. The author further contends that although some of the
prosecution witnesses indirectly confirmed his own version of the case, the
court passed over them in silence.
3.4 According to the author, the courts failed to observe the applicable
rules and directives of the Supreme Court of Hungary governing the evaluation
of evidence. By failing to carry out a comprehensive evaluation of witness
testimony, the courts allegedly violated the presumption of innocence. The
only evidence used against him was that of a former colleague, whose
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