Johnson v Spain, UN Human Rights Committee (2002) (excerpts)

Johnson v Spain, UN Human Rights Committee Communication 1102/2002 (excerpts)


6.5 With regard to the author's allegation of a violation of article 14, paragraph 3 (e), on the grounds that the expert opinion presented at the review stage was rejected, the Committee recalls that the right referred to in the above provision is not absolute, in the sense that it does not allow for the submission of evidence at any time or in any manner, but is intended to guarantee "equality of arms" between the parties during the trial. The Committee takes note of the Supreme Court's argument that the author did not avail himself of the right to submit the evidence in question in the courts of first and second instance, although the evidence could have been obtained before the trial was held in the Criminal Court. Consequently, the Committee considers that this part of the communication is insufficiently substantiated for the purposes of admissibility and concludes that it is inadmissible under article 2 of the Optional Protocol.