and to speed up the criminal proceedings against the perpetrators in the ordinary criminal courts. The State party is also obliged to take steps to prevent similar violations from occurring in the future. to all individuals within its territory and subject to its jurisdiction the rights recognized in the Covenant and to provide an effective and enforceable remedy when it has been determined that a violation has occurred, the Committee wishes to receive from the State party, within 90 days, information on the measures it has taken to give effect to the Committee’s decision. In addition, it requests the State party to publish the Committee’s decision. 11. Bearing in mind that, by becoming a party to the Optional Protocol, the State party has recognized the Committee’s competence to determine whether or not there has been a violation of the Covenant and that, under article 2 of the Covenant, the State party has undertaken to ensure Communication No. 781/1997 Submitted by: Azer Garyverdy ogly Aliev Alleged victim: The author State party: Ukraine Date of adoption of Views: 21 September 1997 Subject matter: Death sentence imposed after an unfair trial party informed the Committee that, on 26 June 2000, the author’s death sentence had been commuted to life imprisonment. Procedural issues: Level of substantiation of claim “Victim” status - Incompatibility ratione materiae The facts as submitted by the author 2.1 On 8 June 1996, in the town of Makeevka, Ukraine, having consumed a large quantity of alcohol, the author, Mr. Kroutovertsev and Mr. Kot had an altercation in an apartment. The altercation degenerated into a fight. A fourth person, Mr. Goncharenko, witnessed the incident. According to the author, Mr. Kot and Mr. Kroutovertsev beat him severely. Mr. Kroutovertsev also struck him with an empty bottle. While defending himself, the author seriously wounded Mr. Kot and Mr. Kroutovertsev with a knife, whereupon he fled. Substantive issues: Right to life - Fair trial - Right to defence - Right to adequate legal representation Articles of the Covenant: 6; 7; 10; 14, paras 1, 3 (d), (e) and (g), and 5; and 15 Articles of the Optional Protocol:1, 2, 3 Finding: Violation (article 14, paragraph 1 and 3 (d)). 1.1 The author of the communication is Mr. Azer Garyverdy ogly Aliev, an Azerbaijani national, born on 30 August 1971. At the time of submission, the author was being held in the Donetsk remand centre (SIZO) in Ukraine, awaiting execution. He claims to be a victim of violations by Ukraine1 of the International Covenant on Civil and Political Rights. Although the author does not invoke specific provisions of the Covenant, the communication appears to raise issues under articles 6; 7; 10; 14, paragraphs 1, 3 (d), (e) and (g), and 5; and 15, of the Covenant. He is unrepresented. 2.2 The author states that he contacted Mr. Kroutovertsev’s wife shortly afterwards in order to inform her of the incident and to ask her to call for assistance. On hearing this news, Mrs. Kroutovertseva began to hit him. The author states that he then slashed Mrs. Kroutovertseva’s face with a knife and returned to his apartment, where his wife and some neighbours treated his wounds. 2.3 On 8 June 1996, the author reported the incident to a criminal investigation officer, Mr. Volkov, who ordered him to bring $15,000 to bribe the police and the prosecutors. The author collected only $5,600. The author gave official evidence in writing in Mr. Volkov’s car. On hearing that one of the victims had died, the police officer told the author that, if he did not come up with the required sum by 2 p.m., he would be in trouble. 1.2 On 24 November 1997, in accordance with rule 86 of its rules of procedure, the Committee requested the State party to stay the execution of the author while his communication was under consideration. On 30 September 2002, the State 1 The Covenant entered into force for the State party on 23 March 1976, and the Optional Protocol on 25 October 1991. 2.4 On the afternoon of 8 June 1996, the author and his wife left town and went into hiding in his 67