testimony, according to the author, was not only in contradiction with that of
other prosecution witnesses but also internally inconsistent. The court
rejected the testimony as an admissible defence for the colleague and accepted
it as evidence against the author. Finally, the author contends that the
court failed to consider highly relevant company documents, such as his
instructions to company departments, the operational rules of the company, and
measures adopted by him to streamline company activities.
State party's observations
4.
The State party concedes the admissibility of the communication.
Mthough the arrest and then the detention (from 3 September 1986 until
16 February 1987) occurred prior to the entry into force of the Optional
Protocol for Hungary on 7 December 1988, conviction on first instance occurred
thereafter, on 8 February 1989. The State party notes that since the events
that occurred before 7 December 1988 cannot be considered separately from the
criminal proceedings against the author, the communication is admissible
ratione temporis; it adds that all available domestic remedies have been
exhausted in the case.
Committee's admissibility decision
5.1 During its forty-first session, in March 1991, the Committee examined the
admissibility of the communication. It considered that the author had failed
to substantiate his allegation of a violation of article 11 of the Covenant.
It further observed that, to the extent that the author's allegations
pertained to evaluation of facts and evidence in his case, the communication
was inadmissible under article 3 of the Optional Protocol. However, it found
that the author's claim that he was unable to obtain a copy of his indictment
might raise issues under article 14, paragraph 1, and that his claim that the
court denied his request to have witnesses testify on his behalf might raise
issues under article 14, paragraph 3, of the Covenant.
5.2 The Committee, accordingly/ declared the communication admissible in so
far as it might raise issues under articles 10 and 14, paragraphs 1 and 3 (e),
of the Covenant.
State party's observations and author's comments thereon
6.1 By submission, dated 22 October 1991, the State party submits that it has
conducted an investigation into the author's allegations regarding the
circumstances of his detention. It concedes that, after being detained, the
author's clothing was replaced by prison clothes; it argues that this was
necessary for reasons of security, since the author was wearing jeans with a
zipper, which might have caused injury. It submits that the investigating
officer requested the author's wife to bring suitable clothes; it argues that
the arrival of these clothes after one week, cannot be regarded as
unreasonably long.
6.2 Regarding the author's complaint that only five minutes per day were
allowed for personal hygiene, the State party concedes that detainees had
relatively little time for personal hygiene and walking. It submits that, in
accordance with the regulations, one and a half hour was available for 12
cells, housing 40 persons. As regards the walking space, the State party
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