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Marais v. Madagascar

United Nations Human Rights Committee.  27 March 1983 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Torture, inhuman and degrading treatment — Conditions of imprisonment — Solitary confinement — Small cell without light — Confinement incommunicado — Fair trial — Legal representation — Choice of lawyer — Denial of access to lawyer — Time to prepare defence — Expulsion of accused's lawyer from State of trial — International Covenant on Civil and Political Rights, 1966, Articles 7, 10 and 14

International tribunals — United Nations Human Rights Committee — Individual petition — Burden of proof — Whether always resting upon petitioner — Duties of State party — International Covenant on Civil and Political Rights, Optional Protocol

Claims — Local remedies rule — Before human rights tribunal — Failure of respondent State to produce evidence to substantiate claim of failure to exhaust local remedies — United Nations Human Rights Committee

Type
Case Report
Copyright
© Cambridge University Press 1988

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