not object to the trial starting in the absence of
Chikin.
settlement. In this respect it had been established
that, after the case had been submitted to the
Committee in December 1997, an identical claim
was submitted to the European Court of Human
Rights in August 1999, however this claim was
declared inadmissible ratione temporis on 6 April
2001. The Committee therefore concluded that it was
not prevented from considering the communication
under article 5, paragraph 2 (a), of the Optional
Protocol.
7.3 The State party denies that the evidence of the
forensic expert was not objective, and states that,
after the first forensic opinion was considered
incomplete, four additional opinions from the same
expert were obtained by the investigator. The
conclusions of the expert were consistent with the
testimony of other witnesses, namely that the author
had punched and kicked the deceased, and hit him
with a metal pipe. The Court refused the author’s
request to cross-examine the expert and to summon
additional witnesses to support his opinion that the
deceased had been involved in another fight shortly
before his death. In this regard, Russian law did not
require courts to summons expert witnesses. Further,
the opinions of the expert had been examined and
verified in the Republican Centre for Forensic
Medical Examination.
6.3 With regard to the author’s allegation under
article 9, paragraph 2, of the Covenant, the
Committee concluded that the author had been aware
of the grounds for his arrest. As to the allegation
under article 9, paragraph 3, of the Covenant, the
Committee noted that the author had failed to
substantiate his claim, and, in accordance with
article 2 of the Optional Protocol, declared this part
of the communication inadmissible.
7.4 As to the author’s claims regarding his
detention without charge for 7 days, the State party
notes that the Code of Criminal Procedure allows a
suspect to be detained without being charged for a
period of up to 10 days in exceptional circumstances.
In the author’s case, criminal proceedings were
initiated on 22 October 1994, the author was arrested
the same day, and he was charged on 29 October
1994, within the 10 day limit imposed by law.
6.4 However, the Committee considered that the
author’s allegations of violations of article 14 of the
Covenant could raise issues under this provision.
Accordingly, on 12 July 2001, the Committee
declared the communication admissible in so far as it
appeared to raise issues under article 14 of the
Covenant.
State party’s admissibility and merits submission
and author’s comments
7.5 The State party refutes the author’s claims
that the investigator threatened to charge him with a
more serious offence if he did not cooperate, and
states that, in response to a question by the presiding
judge during the proceedings, the author had
confirmed that the investigators had not threatened
him, but that he had given his statements ‘without
thinking.’
7.1 On 10 December 2001, the State party
submitted its comments on the merits of the
communication. It stated that on 11 March 1998, the
Presidium of the Supreme Court had reviewed the
proceedings against the author in both the Orlov
Court (30 June 1995) and the Supreme Court
(12 September 1995). It reduced the sentence
imposed on the author from 12 to 11 years’
imprisonment, excluding from the consideration of
aggravating circumstances the fact that the author
had been intoxicated at the time of the offence. In all
other respects the decisions were confirmed.
7.6 The State party rejects the author’s claims that
the crime scene report did not bear a date or refer to
the metal pipe against which the deceased was said
to have hit his head; on the contrary, the report states
that it was compiled on 22 October 1994, and that
there is a reference to the metal pipe, together with a
photograph in which the pipe can actually be seen.
7.2 In relation to the author’s claim that he had no
opportunity to cross examine Chikin, the State party
noted that the witness had been summonsed to Court
from 23 to 26 June 1995, but had not appeared. A
warrant was issued to have him brought before the
Court, but the authorities could not locate him.
Under articles 286 and 287 of the Code of Criminal
Procedure, the evidence of witnesses is admissible
even in their absence, in circumstances where their
appearance in Court is not possible. The Court
decided to admit the written statement of Chikin into
evidence, after hearing argument from the parties as
to whether this should occur. According to the
transcript of proceedings, no questions were asked
by counsel after the statement was read into
evidence. The State party notes that the author did
7.7 The State party contends that there is no basis
to conclude that the proceedings against the author
were biased or incomplete, and notes that the author
made no such complaints to the Russian Courts or
authorities. It states that the author was questioned in
the presence of a lawyer of his choosing, and during
the period of his arrest he stated that he did not
require a lawyer. Finally, the State party notes that
the reason why the author was not informed about
his rights under article 51 of the Constitution, which
provides that an accused is not required to testify
against oneself, was because the Supreme Court only
introduced such a requirement by judgment of
31 October 1995 – the author’s trial was held in
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