Application of the International Covenant on Civil and Political Rights under the Optional Protocol by the Human Rights Committee

by Alfred de Zayas, Jacob Th. Möller, and Torkel Opsahl
Publisher: United Nations (1985)
Reprinted from German Yearbook of International Law, 1985, Volume 28

Page 51:
In case No. 27/1978 (L. Pinkney v. Canada) the author had appealed his conviction to the British Columbia Court of Appeal. The production of the transcripts of the lower court proceedings, however, was delayed for two and a half years. The author alleged that this delay was excessive and prejudicial to his exercise of the right to appeal. The Committee observed “that the right under Article 14 (3) (c) to be tried without undue delay should be applied in conjunction with the right under Article 14 (5) to review by a higher tribunal, and that consequently there was in this case a violation of both of these provisions taken together. 123
123 HRC 1982 report, Annex XII, para. 22.



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