Document crimes -Rafael Marques de Morais

 

Communication Number
 1128/2002
Author
Rafael Marques de Morais
Alleged victim
Rafael Marques de Morais
State party
Angola
Date of submission
05-09-2002
Decison on admissibility
29-03-2005
Date of adoption of views
29-03-2005
Represented by counsel
Yes
Type of decision
adoption of views
Note
Annual report
A/60/40, Vol. II (2005), Annex V, sect. V (p. 181-193)
Selected decisions
CCPR/C/OP/8, pp. 366-374
Other sources
CCPR/C/83/D/1128/2002
Full text
Conclusion
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
Issues
CCPR-OP-5-2-b / CCPR-14-3-a: exhaustion of domestic remedies / right to be promptly informed of any charges against him

CCPR-OP-2 / CCPR-14-3-b: claim / right to adequate time and facilities for the preparation of his defence

CCPR-OP-2 / CCPR-14-3-b: claim / counsel of his own choosing / right to communicate with his counsel

CCPR-OP-2 / CCPR-14-3-d: claim / legal assistance of his own choosing

CCPR-OP-2 / CCPR-14-3-e: claim / right to examine witnesses and to obtain the attendance of witnesses on his behalf

CCPR-OP-2 / CCPR-14-5: claim / right to have his sentence and conviction reviewed by a higher tribunal

CCPR-OP-5-2-b: exhaustion of domestic remedies

CCPR-9-1: arbitrary arrest / arbitrary detention

CCPR-9-2: right to be informed, at the time of arrest, of the reasons for his arrest

CCPR-9-3 / CCPR-14-3-b: right to be brought promptly before a judge / right to communicate with his counsel

CCPR-9-5: unlawful arrest / unlawful detention / right to compensation

CCPR-19-2 / CCPR-12-1: right to freedom of expression / liberty of movement / necessary