Right to a Fair Trial and the UN Human Rights Committee
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Complaints about bias of judges, or an incorrect evaluation of the facts, have usually not been accepted by the Human Rights Committee. In exceptional cases a domestic court's decision has been corrected because it was blatantly irreconcilable with proven facts, but such cases remain exceptional. I am afraid that in fact the cases suffering from such deficiencies are not exceptional.
To me it is a mystery in what cases the Committee finds the evaluation of facts and evidence arbitrary. In my case (Communication No.1357/2005) I contended that the court's evaluation of the facts was manifestly arbitrary. In the adopted decision the Committee misrepresented the factual background (not in my favour at least), said nothing about the arguments advanced by me - just submitted my claims in general terms, concluded that my communication was inadmissible. See also more information on www.lawyersandsettlements.com/forum/viewtopic.php?t=735 Apropos, the text of the decision was not altered as they promised to do in their e-mail from the Petitions Unit.
It seems I am actually an idealist and indeed, I have a strong sense of what is right and wrong. What do I want? Just wanted to let you know, dear Mrs. Arbour, that your Committee was a disappointment. And I can assure you that I am not the only one who could ask the members of the Committee unpleasant questions that they would prefer to ignore. I am grateful to you all though.
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