sentenced to a penalty of six years, well within the
limits set in that article.
6 September 1991 and, respectively, 1 December
1992, the only reason for such lengthy proceedings
was the unjustified delay by the investigators in the
case in bringing the author before the court.
4.9 In view of the fact that the Supreme Court
considered that the penalty imposed on the author
was in keeping with article 39 of the Lithuanian
Criminal Code and bearing in mind the Committee’s
case law stating that it is generally for the domestic
courts to review the facts and evidence in a
particular case, the State party maintains that the
penalty imposed is in keeping with the prohibition
on the imposition of a penalty that is heavier than the
one that was applicable at the time when the offence
was committed, as stated in article 15, paragraph 1,
of the Covenant.
5.5 Lastly, the author refers to article 15,
paragraph 1, of the Covenant and states once again
that he should have been tried in accordance with the
law in force at the time when the offence was
committed, whereas, in fact, the offences for which
he was tried were not defined by the law in force
when they were committed. The Vilnius District
Court, which heard the case, took the view that the
definition of the offence was in keeping with article
104 of the Criminal Code (premeditated murder),
without taking account of the fact that article 111,
paragraph 2, providing for the offence of grievous
bodily harm resulting in death, existed at the time.
The author also maintains that the penalty applicable
for that type of offence was heavier than the penalty
applicable at the time the offence was committed. He
states that he disagrees with the State party’s
observation that, in its decision of 2 May 1996, the
Supreme Court confirmed that the penalty was
applied in accordance with the law in force at the
time the offence was committed.
Author’s comments
5.1 In his comments of 20 August 2000, the
author argues that, throughout the proceedings, his
right to a defence and to be heard by a court were
mere formalities, as clearly reflected in the court’s
decision.
5.2 The author’s conviction by the Vilnius
District Court on 16 January 1996 was based on the
fact that the only reasons for Mr. Zhuk’s death were
the blows to his head and stomach which the author
inflicted, thereby causing his death. According to the
author, the court adopted these conclusions without
any reliable evidence and without having examined
the main evidence,5 since the forensic report stated
that the cause of Mr. Zhuk’s death was a trauma to
the stomach resulting in peritonitis. The medical
report also stated that Mr. Zhuk was operated on too
late, that the injuries which caused his death were
not diagnosed until 30 hours after his arrival at the
hospital and that the doctor, who suspected that there
might be injuries to Mr. Zhuk’s stomach, did not
take the necessary measures to make a final
diagnosis so that he might be operated on
immediately.
Issues and proceedings before the Committee
Admissibility considerations
6.1 Before considering any claim contained in a
communication, the Human Rights Committee must,
in accordance with rule 87 of its rules of procedure,
decide whether or not the complaint is admissible
under the Optional Protocol to the Covenant.
6.2 The Committee has ascertained that the same
matter is not being examined under another
procedure of international investigation or settlement
for the purposes of article 5, paragraph 2 (a) of the
Optional Protocol. It has further ascertained that the
victim has exhausted domestic remedies for the
purposes of article 5, paragraph 2 (b) of the Optional
Protocol. The Committee also notes that the State
party has not contested the admissibility of the
communication under article 5, paragraphs 2 (a) and
(b) of the Optional Protocol .
5.3 With regard to article 14, paragraph 3 (c), the
author agrees with the State party that the duration of
the proceedings should be counted as from the entry
into force of the Covenant, i.e. 20 February 1992,
but, even then, the period would be too long because
there were four years and two months between the
entry into force of the Covenant and the date of
2 May 1996.
6.3 With regard to the author’s allegations in
respect of the violation of article 14, paragraph 1, the
Committee recalls that it is generally for the courts
of States parties, not for the Committee, to review
the facts in a particular case. The Committee takes
note of the State party’s allegations that all of the
evidence was examined by the Supreme Court.
Moreover, the information available to the
Committee and the author’s arguments do not show
that the evaluation of the facts by the courts was
clearly arbitrary or amounted to a denial of justice.
The Committee therefore takes the view that the
5.4 Bearing in mind that the evidence was
collected during the initial stages of the investigation
and that the forensic medical report was prepared on
5
According to the author, a forensic medical
examination is compulsory in criminal proceedings, in
accordance with article 86, paragraph 1, of the Code of
Criminal Procedure, and is one of the main pieces of
evidence (art. 74, para. 2, and art. 85, para. 3).
124
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents