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 76

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