objective examination of all of the circumstances of
the case.
the outcome of the case, as well as the testimony of
Chikin.
3.4 Counsel also claims that the author was
notified of his indictment for murder only seven
days after he was placed in detention and that article
14, paragraph 3 (a), and article 9, paragraphs 2 and
3, of the Covenant were thus violated.
4.3 The cause of Naumkin’s death and the nature
of the injuries were established by the court on the
basis of many forensic medical reports, according to
which Naumkin’s death was caused by skull and
brain injuries resulting from blows to the head.
3.5 Counsel alleges that while Dugin was in
detention, he was subjected to pressure by the
investigator on several occasions, in an attempt to
force him to give false statements in exchange for a
reduction in the charges against him. He claims that
the investigator threatened that, if he did not do so,
his indictment, which had originally been for
premeditated murder, would be replaced by an
indictment for a more serious offence, namely
murder with aggravating circumstances. The author
did not give in to the threats and, as had been
threatened, the investigator changed the indictment.
According to the author, that constituted a violation
of article 14, paragraph 3 (g).
4.4 The State party maintains that the author’s
punishment was proportionate to the seriousness of
the offence, information about his character and all
the evidence in the case. The Office of the
Procurator-General concluded that the present case
did not involve any violations likely to lead to any
change or overturning of the courts’ decisions, and
that the proceedings against Dugin had been lawful
and well-founded.
Counsel’s comments on the State party’ submission
5.1 In his undated comments, counsel contends
that the State party did not address the main
allegations contained in the communication,
particularly with regard to the violation of the right
to request that witnesses able to provide information
on behalf of the accused should be heard and
summoned by the court. Secondly, the court heard
the case in the absence of Chikin, who was both a
victim and a witness in the case.
3.6 With regard to the allegation of a violation of
article 14, paragraph 5, the author states, without
further providing details, that his case was not
properly reviewed.
3.7 The author also claims that the crime scene
report should not have been taken into account
during the proceedings because it contained neither
the date nor the time of the completion of the
investigation, and did not contain enough
information about the investigation report. The
prosecution witnesses said that there had been a
metal pipe present during the fight, however the
crime scene report did not refer to such a pipe. The
investigator did not examine any such item and the
file contains no further information on it.
5.2 Counsel also refers to the fact that the court
did not respect the principle that any doubt should be
interpreted in favour of the accused. Nor had it
responded to the author’s claims that: the author had
requested a forensic expert to be summoned to
appear in court but that, without even meeting in
chambers, the judges dismissed his request; and the
author had had no opportunity to look at the records
of the proceedings, (although he does not specify
when, i.e. before the cassation appeal or during the
initial proceedings.)
State party’s submission
5.3 Finally, counsel maintains that the author was
not informed of the content of article 51 of the
Constitution of the Russian Federation, which states
that “no one shall be obliged to give evidence
against himself, his spouse or his close relatives”.
4.1 In its submission of 28 December 1998, the
State party states that the Office of the Procurator
General of the Russian Federation had carried out an
investigation into the matters raised in the
communication. The prosecution’s investigation had
found that, on 21 October 1994, Dugin and Egurnov,
who were both drunk and behaving like ‘hooligans’,
beat up Naumkin, a minor, kicking and punching
him in the head and on his body. Naumkin tried to
escape, but was caught by Dugin, who knocked him
to the ground and beat his head against a metal pipe.
He and Egurnov then started beating the minor
again, also kicking him in the head. Naumkin
subsequently died of head and brain injuries.
Admissibility decision
6.1 During its seventy-second session, the Human
Rights Committee examined the admissibility of the
communication. It observed that the State party had
not objected to the admissibility of the
communication,
and
ascertained
that
the
requirements of article 5, paragraph 2 (b), of the
Optional Protocol had been satisfied.
4.2 According to the State party, the author’s guilt
was established by the fact that he did not deny
having beaten up Naumkin, and by detailed
statements given by eyewitnesses with no interest in
6.2 The Committee ascertained that the same
matter was not already being examined under
another procedure of international investigation or
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