Document crimes -Rafael Marques de Morais
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Communication Number
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1128/2002 | ||
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Author
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Rafael Marques de Morais | ||
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Alleged victim
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Rafael Marques de Morais | ||
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State party
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Angola | ||
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Date of submission
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05-09-2002 | ||
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Decison on admissibility
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29-03-2005 | ||
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Date of adoption of views
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29-03-2005 | ||
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Represented by counsel
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Yes | ||
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Type of decision
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adoption of views | ||
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Note
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Annual report
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A/60/40, Vol. II (2005), Annex V, sect. V (p. 181-193) | ||
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Selected decisions
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CCPR/C/OP/8, pp. 366-374 | ||
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Other sources
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CCPR/C/83/D/1128/2002 | ||
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Full text
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Conclusion
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violation of article 9(1), crime allegedly committed by the author did not justify arrest at gunpoint by 20 armed policemen, nor detention for 40 days, including 10 days of incommunicado detention; arrest and detention were at least in part punitive in nature and thus arbitrary violation of article 9(2), author was not informed of the reasons for his arrest until 40 days after his arrest violation of article 9(3), author was not brought before a judge during the 40 days of detention; incommunicado detention as such may violate article 9(3). During incommunicado detention, no access to a lawyer, which affected his right to be brought before a judge. In light of this finding it is not necessary to pronounce itself on the alleged violation of article 14(3)(b) no finding on article 9(3), no issue of prolonged pre-trial detention arises as author was not awaiting trial violation of article 9(4), during incommunicado detention, author had no access to a lawyer, which prevented him from challenging the lawfulness of his detention. Application for habeas corpus was never adjudicated no finding on article 9(5), issue of compensation addressed in remedial paragraph violation of article 19, travel constraints on the author cannot be considered "necessary"; they are not a proportionate measure to protect public order violation of article 12(1), author's passport was confiscated without justification or legal basis inadmissible under article 2 and 5(2)(b) OP, claim concerning article 14(1) on public trial, was not raised before domestic court inadmissible under article 5(2)(b) OP, claim concerning article 14(3)(a), this provision does not apply to period of remand in custody pending result of police investigations; delay of week in charging was not raised on appeal inadmissible under article 2 OP, claim concerning article 14(3)(b), author was convicted of more serious crimes than the ones charged by Prosecutor; no substantiation that there was absence of notice of the charges; evaluation of facts and evidence is for domestic courts inadmissible under article 2 OP, claim concerning article 14(3)(b), adjournment of trial after replacement of his lawyer; no request to that effect was made inadmissible under article 2 OP, claim concerning article 14(3)(d), unsubstantiated that removal of lawyer was unlawful or arbitrary, appointed against author's will or unqualified inadmissible under article 5(2)(b), claim concerning article 14(3)(e), question of examination of witnesses was not raised on appeal inadmissible under article 2 OP, claim concerning article 14(3)(e), evaluation of facts and evidence is for domestic courts inadmissible under article 2 OP, claim concerning article 14(5), crime for which author was convicted is clearly described in judgement |
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Issues
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 CCPR-OP-5-2-b / CCPR-14-3-a: exhaustion of domestic remedies / right to be promptly informed of any charges against himCCPR-OP-2 / CCPR-14-3-b: claim / right to adequate time and facilities for the preparation of his defenceCCPR-OP-2 / CCPR-14-3-b: claim / counsel of his own choosing / right to communicate with his counselCCPR-OP-2 / CCPR-14-3-d: claim / legal assistance of his own choosingCCPR-OP-2 / CCPR-14-3-e: claim / right to examine witnesses and to obtain the attendance of witnesses on his behalfCCPR-OP-2 / CCPR-14-5: claim / right to have his sentence and conviction reviewed by a higher tribunalCCPR-OP-5-2-b: exhaustion of domestic remediesCCPR-9-1: arbitrary arrest / arbitrary detentionCCPR-9-2: right to be informed, at the time of arrest, of the reasons for his arrestCCPR-9-3 / CCPR-14-3-b: right to be brought promptly before a judge / right to communicate with his counselCCPR-9-5: unlawful arrest / unlawful detention / right to compensationCCPR-19-2 / CCPR-12-1: right to freedom of expression / liberty of movement / necessary |
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Tradutor
