author’s request to summon the expert and call additional witnesses. These factors, taken together, lead the Committee to the conclusion that the courts did not respect the requirement of equality between prosecution and defence in producing evidence and that this amounted to a denial of justice. Consequently, the Committee concludes that the author’s rights under article 14 have been violated. June 1995. In any event, the author was informed about his rights under article 46 of the Code of Criminal Procedure, which states that an accused has the right to testify, or not to testify, on the charges against him. 8. In comments on the State party’s observations dated 5 February 2002, the author contends that the witness Chikin could have been located and brought to court for cross examination, with a minimum of ‘goodwill’ from the State party. He states that the court’s refusal to grant his request to adduce further medical evidence violated his rights under article 14, paragraph 3 (e), of the Covenant, and that the 7 day delay in his being charged was incompatible with article 14, paragraph 3 (a), which requires that an accused is promptly informed of the charges against him. The author reiterates his claims about the alleged threat made by the investigator, and about the trial not being objective. He also notes article 51 of the Constitution had had direct legal force and effect since 12 December 1993. 9.4 In light of the Committee’s views above, it is not necessary to consider the author’s claims regarding the objectivity of the evidence produced in court. 9.5 On the basis of the material before it, the Committee cannot resolve the factual question of whether the investigator in fact threatened the author with a view to extracting statements from him. In any event, according to the State party, the author did not complain about the alleged threats, and in fact told the Court that he had not been threatened. In the circumstances, the Committee considers that the author did not exhaust domestic remedies in relation to these allegations, and declares this claim inadmissible under article 5, paragraph 2 (b), of the Optional Protocol. Issues and proceedings before the Committee 9.1 The Human Rights Committee has considered the present communication in the light of all the information made available to it by the parties, as required by article 5, paragraph 1, of the Optional Protocol. The Committee is mindful that, although it has already considered the admissibility of the communication, it must take into account any information subsequently received from the parties which may bear on the issue of the admissibility of the author’s outstanding claims. 9.6 As regards the author’s claims that he was not advised of his rights under article 51 of the Constitution, the Committee notes the State party’s submission that the author was informed of his rights under article 46 of the Code of Criminal Procedure, which guarantees the right of an accused to testify, or not to testify on the charges against him. In the circumstances, and in particular taking into account that the author did not challenge the State party’s above argument, the Committee considers that the information before it does not disclose a violation of article 14, paragraph 3 (g). 9.2 Firstly, the Committee notes that the author’s submission of 5 February 2002, regarding the alleged violations of article 14, paragraph 3 (a), is substantively identical to that advanced by the author under article 9, paragraph 2 (see paragraph 3.4 above), which was declared inadmissible. Further, the allegation, although invoking article 14, paragraph 3 (a), does not relate to this provision factually. In the circumstances, the Committee considers that the author has failed sufficiently to substantiate this particular claim, for the purposes of admissibility. Accordingly, the author’s claim under article 14, paragraph 3 (a), of the Covenant is inadmissible under article 2 of the Optional Protocol. 9.7 As far as the claim under article 14, paragraph 5, is concerned, the Committee notes that it transpires from the documents before it that the author’s sentence and conviction have been reviewed by the State party’s Supreme Court. The Committee therefore concludes that the facts before it do not reveal a violation of the above article. 10. The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it disclose a violation of article 14 of the Covenant. 9.3 The author claims that his rights under article 14 were violated because he did not have the opportunity to cross-examine Chikin on his evidence, summon the expert and call additional witnesses. While efforts to locate Chikin proved to be ineffective for reasons not explained by the State party, very considerable weight was given to his statement, although the author was unable to crossexamine this witness. Furthermore, the Orlov Court did not give any reasons as to why it refused the 11. Pursuant to article 2, paragraph 3 (a), of the Covenant, the Committee considers that the author is entitled to an appropriate remedy, including compensation and his immediate release. 12. By becoming a State party to the Optional Protocol, the State party has recognized the competence of the Committee to determine whether there has been a violation of the Covenant or not, 78