states that the area measures 35 square metres, and not 20, as alleged by the
author.
6.3 The State party further submits that the investigation has revealed that
the author complained about the food only once; ifc states that this complaint
did not refer to the quantity, but to the quality of the food, which he found
too greasy. It further submits that the author was examined by a police
doctor, who concluded that no medical obstacle existed to the author's
detention.
6.4 The State party emphasizes that the detention regulations have recently
been amended. It argues, however, that the regulations in force during the
author's detention were fully in compliance with the Covenant,
6.5 As regards the author's allegation that he had not been given a copy of
the indictment, the State party explains that the regulations at the time of
the author's arrest provided for the transmission of the indictment to the
party committee, in case of party members committing an offence. It
emphasizes that this provision has since been repealed.
6.6 The State party further submits that the author received a copy of the
indictment before the trial against him started. In this connection, the
State party argues that the Hungarian Code of Criminal Procedure is in harmony
with the provisions of the Covenant. The law prescribes that, on the first
day of the trial, the prosecutor asks the accused and his counsel whether a
copy of the indictment has been duly transmitted to them eight days before the
session. If the indictment has not been transmitted in time, the accused and
counsel have the right to raise an objection and ask for the adjournment of
the session. The State party states that the trial transcript shows that no
objection was raised by the author or his counsel on the first day of the
trial,
6.7 With regard to the author's allegation that his request to have witnesses
testify on his behalf was denied by the Court, the State party concedes that
the trial transcript shows that the Court did not hear a certain witness,
whose testimony was requested by the author. However, the State party submits
that 28 of the 42 witnesses and two experts (requested by the prosecution)
were heard. It contends that the witnesses who were not heard could not be
reached at the addresses provided. It further argues that both the Court of
first instance and the Court of Appeal considered that it was not necessary to
hear the particular witness requested by the author.
6.8 Finally, the State party states that its Ministry of Justice never
received the application for review, which the author allegedly sent on
30 October 1989. Moreover, it observes that the Minister of Justice has no
power to review final judgements made by the courts.
7.1 In his comments on the State party's submission, the author states that
he has nothing to add to his earlier complaints about the conditions of
detention. He reiterates that he lost 10.5 kilograms in five and a half
months of detention,
7.2 He further argues that it is incredible that the State could not find the
addresses of 12 witnesses. He alleges that the State never tried to summon
-320-