The Human Rights Committee, established under article 28 of the International Covenant on Civil and Political Rights,

Meeting on 31 October 2006,

Adopts the following:

Decision on admissibility

1. The author of the communication, dated 8 March 2001, is Mr. Fernando Guardiola Martínez, a lawyer and a Spanish citizen, born on 1 December 1960. The author claims to be a victim of a violation by Spain of article 14, paragraphs 1, 2, 3 and 5, of the Covenant. The Optional Protocol entered into force for the State party on 25 April 1985. The author is not represented by counsel.

Factual background

2.1 On 12 April 1994, the author and his brother, Juan Guardiola Martínez, both lawyers, accompanied a client to a notary's office where an acquittance relating to a sale was drawn up infavour of a private company. The sum received by the client was placed in a briefcase owned by the brothers. Later the same day, the brothers went to the police and reported the theft by the client of the briefcase and its contents. The briefcase and its contents were recovered forthwith and, on 13 April 1996, Liria Examining Court No. 2 entrusted the contents of the briefcase, which included bearer cheques and bills of exchange, among other things, to the author and his brother for safekeeping.

2.2 On 21 May 1998, Division IV of the Valencia Provincial Court convicted the author and his brother of misappropriation for not having returned the money and commercial papers that they had received for safekeeping from the Examining Court. The sentence they received