The author of the communication is M.R.R., a Spanish national born on 9 August 1964, who claims to be victim of a violation by Spain of article 14, paragraph 5, of the Covenant.
Mr. Saidov was tried and found guilty by the Military Chamber of the Supreme Court, whose judgements are not subject to ordinary appeal, in violation of article 14, paragraph 5, of the Covenant.
It adds that, in the past, the Committee has declared communications relating to violations of article 14, paragraph 5, of the Covenant inadmissible on the grounds of insufficient substantiation.
With regard to article 14, paragraph 5, it maintains that the Supreme Court judgement gave an extensive and comprehensive review of the Provincial Court judgement of 30 June 2008.
Thus, the Committee considers that the allegations under article 14, paragraph 5, of the Covenant have been insufficiently substantiated for the purposes of admissibility and it concludes that they are inadmissible under article 2 of the Optional Protocol.
A review of this nature is not compatible with the right protected under article 14, paragraph 5, of the Covenant, which calls for a full evaluation of the evidence and the court proceedings.
提交人首先称缔约国违反了《公约》第十四条第五款,因为他无法对1994年5月4日的判决提出上诉。
The author first alleges a violation of article 14, paragraph 5, of the Covenant on the grounds that he had no possibility to make an appeal against the judgement of 4 May 1994.
委员会的结论是,提交人的申诉在《公约》第十四条第五款方面提出了重要问题,这些问题应根据案情作审议。
The Committee concluded that the authors' complaint raised significant issues with respect to article 14, paragraph 5, of the Covenant and that those issues should be considered on the merits.
关于根据第十四条第五款提出的申诉,提交人称,在自动审查程序之下,他们未得到"最高法院的真正审查"。
As to the complaint under article 14, paragraph 5, the authors contend that, under the automatic review procedure, they received" no real review in the Supreme Court".
至于第十四条第五款,缔约国反驳了提交人的论点,因为每一名被判处死刑的人,都获得一次自动上诉。
As to article 14, paragraph 5, the State party rejects the author' s arguments, for each person sentenced to death automatically receives an appeal.
The author also claims that the State party violated article 14, paragraph 5, of the Covenant, but does not explain further how he considers his rights in this regard to have been violated.
The only complaint by the author is related to article 14, paragraph 5, of the Covenant, which stipulates that" Everyone convicted of a crime shall have the right to his conviction and sentenced being reviewed by higher tribunal.".
关于第十四条第五款,缔约国认为,当局并未干扰提交人目前根据新证据提交新上诉和请求赦免的工作。
On article 14, paragraph 5, the State party submits that the author' s current efforts to submit a new appeal with fresh evidence and a petition of mercy are not being hampered by the authorities.
Moreover, the authors did not make the allegations regarding article 14, paragraph 5, of the Covenant before the domestic courts, either in their cassation appeal or in their application for amparo.
因此,委员会认为既未发生违反第十四条第一款的情况,也未发生违反第十四条第五款规定的上诉权的情况。
Consequently, the Committee considers that there was no violation either of article 14, paragraph 1, or of the right of appeal provided for in article 14, paragraph 5.
He claims to be a victim of violations by Austria of article 2, paragraph 3, article 7, article 10, paragraph 1, and article 14, paragraph 5, of the International Covenant on Civil and Political Rights.
(m)上诉权(《公约》第十四条第五款).
(m) Right to appeal(Covenant, art. 14, para. 5).
提交人称西班牙侵犯了他们根据《公约》第十四条第五款享有的权利。
They claim to be victims of a violation by Spain of their right under article 14(para. 5) of the Covenant.
委员会还注意到,针对律师提出的申诉并不证明违反了第十四条第五款。
The Committee also observes that the complaints made against counsel do not support the allegation of a violation of article 14, paragraph 5.
提交人援引委员会的既定判例,即《公约》第十四条第五款要求充分的证据鉴定和审判。
The authors refer to the Committee' s established jurisprudence to the effect that article 14, paragraph 5, of the Covenant requires a full appraisal of the evidence and the conduct of the trial.
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