Carlos Dias, a Portuguese national. He submits the communication on his own behalf and of that of Carolina de Fatima da Silva Francisco, an Angolan national, killed on 28 February He does not invoke any articles of the Covenant. In February , he was away on business and his business partner and companion Carolina da Silva stayed at the premises in Luanda.
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She was killed in the night of 28 February The author arrived back from his trip the following morning. The guard on duty was found severely wounded and later died of his injuries. The safe was found open and a large sum of money removed. The author then decided to start his own investigations and, in the beginning of , published a series of advertisements in newspapers in Angola and in other countries, despite the fact that the Angolan authorities refused to give permission for these publications and actually threatened him if he would do so. Following the advertisements, the author came in contact with an eye witness to the crime.
In the evening of 27 February , Mr. Lima came to pick her up to go for a drive in his car. Later that night they picked up four friends of his. According to the witness the five men started to complain about Angolans who worked for white men, and said that they would eliminate 'this black girl who is working with the whites'. After a while they stopped at a house, and a black woman, whom the witness did not know, but who apparently knew Mr. Lima and his friends, opened the door. They went inside, took drinks, and then the men said that they wanted to speak to the woman alone, upon which they retired to a side room.
Dias v. Angola, Comm. /, U.N. Doc. A/55/40, Vol. II, at (HRC )
The witness remained behind. After a while she heard loud voices, and then the woman started to scream. The witness became afraid and wanted to flee, but was prevented from leaving by the security guard. She then took up a position in the room from where she could see what was happening, and saw the woman being raped by the men.
Lima, the last one to rape her, then took her neck and twisted it. Upon leaving the premises, the witness was threatened by the men and told never to reveal what she had seen.
Soon thereafter the witness left Angola out of fear. In a statement, made on 15 September in Rio de Janeiro, he confirms that Carolina da Silva was being kept under surveillance by the secret police, officially for being suspected of furnishing political-military information to the South African Government, through her contacts with whites, but according to the statement, in reality because she had rejected the amorous proposals of the Chief of the Security Services of the Cabinet of the President and National Director of the Secret Service, Mr.
Jose Maria. On 8 March , a meeting was held with the Angolan consul in Rio de Janeiro, who informed the author that the Government might send a mission to Rio de Janeiro. However, nothing happened. On 19 April , the judicial adviser of the President, in a letter to the author's lawyer, stated that he was aware of the urgency of solving the case, and on 26 June , a meeting took place in Lisbon between the judicial adviser and the Secretary of the Council of Ministers on the one side and the author and his lawyer on the other.
However, no further progress seems to have been achieved, and on 8 September an official communique was issued by the Angolan Minister of the Interior, stating that the police contested declarations on the death of Carolina da Silva and accusing the author of trying to bribe the Government. In March , he began a civil action against Angola in the civil court of Lisbon, to recover unsettled debts. In July , he applied to the Criminal Court in Lisbon against the perpetrators of the murder, apparently under article 6 of the Convention against Torture.
In this connection, he states that Carolina da Silva had been arrested on 6 October and kept in detention for 36 hours, because she had refused to open the safe of the enterprise owned by the author. He has left Angola, leaving his properties real estate, furniture, vehicles behind. He has not been able to bring a case in the Angolan courts, since no lawyer wants to take the case, as it involves Governmental officials. In this context, he states that the lawyer who was representing Carolina's mother, withdrew from the case on 15 March The author claims that Angola has violated the Covenant, since it failed to investigate the crimes committed, keeps those responsible for the crimes in high positions, and harasses the author and the witnesses so that they can't return to Angola, with as a consequence for the author that he has lost his property.
The author argues that, although the murder occurred before the entry into force for Angola of the Covenant and the Optional Protocol thereto, the above mentioned violations continue to affect the author and the witnesses.
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By decision of 6 August , the Special Rapporteur on New Communications of the Human Rights Committee transmitted the communication to the State party, requesting it, under rule 91 of the rules of procedure, to submit information and observations in respect of the admissibility of the communication. The State party did not forward such information, despite of several reminders addressed to it, the latest on 17 September It ascertained, as required under article 5, paragraph 2 a , of the Optional Protocol, that the same matter was not being examined under another procedure of international investigation or settlement.
Carolina Da Silva, ratione temporis. In the absence of observations from the State party, the Committee was not aware of any other obstacles to the admissibility of the communication and considered that the communication submitted on behalf of Mr. Dias might raise issues under the Covenant which should be examined on their merits.
Accordingly, on 20 March , the Human Rights Committee decided that the communication was admissible.
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The Committee's decision declaring the communication admissible was transmitted to the State party on 1 May , with the request that explanations or statements clarifying the matter under consideration should reach the Committee at the latest by 1 November No clarifications were received despite several reminders sent to the State party, the last one on 24 June The Second floor master bedroom has a heated jacuzzi and a great view from its terrace.
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