Bertelli Gálvez v Spain, UN Human Rights Committee (2005) (excerpts)

Bertelli Gálvez v Spain, UN Human Rights Committee Communication 1389/2005 (excerpts)


4.5. With regard to the alleged violation of article 14, paragraph 5, it transpires from the text of the judgment of the Supreme Court that, although the Court stated that "evaluation of [the evidence] is the responsibility of the trial court and not of this Court", it did deal extensively with the arguments put forward by the author and concluded that the author in fact had committed fraud because "there was deceitful behaviour and a selfish desire for profit, which misled another person and induced him to perform an act of disposition that was contrary to his own interests". The claim regarding article 14, paragraph 5, therefore, appears to be insufficiently substantiated for purposes of admissibility. Therefore, the Committee concludes that this claim is inadmissible under article 2 of the Optional Protocol.