Court, which consider the allegation unsubstantiated.
The State party affirms that the case record does not
contain any element that would lead to the
conclusion that illegal methods were used during the
preliminary investigation; the author did not file any
complaint with the Donetsk regional court in this
regard. The court records do not contain any
complaint by Mr. Aliev concerning the use of illegal
methods of investigation or other unlawful acts by
the investigators. It was only after the regional court
took its decision that the author, in his application
for judicial review, maintained that the investigators
had forced his wife and him to make false
statements. The State party points out that the
application for judicial review submitted by the
author’s lawyer did not contain such allegations.
psychiatrist, nor had the wounds that he had
sustained during the events of 8 June 1996 been
examined.
State party’s admissibility and merits submission
and author’s comments
4.1 In its notes verbales dated 26 May 1998 and
20 September 2002, the State party submitted its
observations, claiming that the case did not entail
any violation of the rights recognized under the
Covenant, since the author had had a fair trial and
had been sentenced in accordance with the law.
4.2 A criminal case for the murder of
Mr. Kroutovertsev and Mr. Kot and the attack on
Mrs. Kroutovertseva was opened on 9 June 1996 by
the prosecution of the town of Makeevka. On
13 June 1996, a warrant for the arrest of Mr. Aliev
and his wife was issued and those two persons were
arrested on 28 August 1996. On 11 April 1997, the
Donetsk regional court sentenced the author to death
for intentional homicide with aggravating
circumstances and for aggravated theft of personal
effects. On 17 July 1997, the decision was confirmed
by the Supreme Court. Pursuant to legislative
amendments, on 26 June 2000 the Donetsk regional
court commuted Mr. Aliev’s death sentence to life
imprisonment.
4.7 In conclusion, the State party notes that there
is no reason to challenge the judicial decisions
against the author and that the author did not file any
complaint with the Procurator-General concerning
the alleged unlawfulness of his sentence.
5.1 The author submitted his comments on the
State party’s observations on 21 April 2003. He
reiterates his previous allegations and disputes the
characterization of his acts by the prosecution and
the courts. He maintains that, on the night of 7 to
8 June 1996, he wounded, but did not kill, Mr. Kot
and Mr. Kroutovertsev. He challenges the witnesses’
statements, which he claims were “attached to the
case record by police officers” and used by the court.
4.3 According to the State party, the court found
the author guilty of having deliberately and
vengefully murdered the victims with a knife during
an altercation. The author later attempted to murder
Mr. Kroutovertsev’s wife out of greed, attacking and
seriously wounding her, before stealing her
jewellery. He returned to the scene of the crime the
same day in order to remove a gold chain from
Mr. Kroutovertsev’s corpse.
5.2 The author reiterates that the investigation and
the courts were biased against him because, at the
time of the crime, the brother of one of the victims
was the chief of the Makeevka district police station,
while the sister of the other victim was the chief of
the central police station’s identity card department
and she was, moreover, married to a judge. The
author claims that, in order to aggravate his sentence,
the police officers described a different sequence of
events.
4.4 The evidence concerning the crime was
corroborated by the conclusions of the preliminary
investigation and the forensic examination, and was
confirmed by severalwitnesses, as well as by the
inspection of the scene of the crime, physical
evidence and the conclusions of experts.
5.3 With regard to the allegations of ill-treatment
of which he claims to be a victim, the author
explains that part of his criminal file was covered
with his blood. He reiterates that the investigators
had put a gas mask over his head and had blocked
the flow of air in order to force him to testify against
himself. His wife was also beaten and strangled. He
maintains that he complained, without success, “to
several authorities” of having been subjected to
physical violence. A number of his co-detainees
could attest that he had bruises and haematomas as a
result of ill-treatment.
4.5 The State party maintains that the courts
correctly characterized the author’s acts as
constituting offences under the relevant articles of
the Criminal Code. It considers that the author’s
allegations that he had wounded Mr. Kroutovertsev
and Mr. Kot in self-defence were refuted by the
procedural documents and the courts. In the light of
the particular dangerousness of the crimes, the court
was of the view that the author constituted an
exceptional danger to society and imposed an
exceptional sentence on him.
5.4 As proof of the investigators’ bias, the author
cites the fact that a criminal investigation into the
murder of Mr. Kot and Mr. Kroutovertsev was
opened on 9 June 1996, whereas Mr. Kot died of his
wounds on 13 June 1996.
4.6 According to the State party, the author’s
allegation that he was subjected to unauthorized
investigation methods was examined by the Supreme
69
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