the Supreme Court but a review of the judgement is
dependent on the discretion of the chairman of the
Supreme Court or of the Division of Criminal Cases
of the Supreme Court. All attempts to bring such an
application have failed.
4.3 At the time of the sentence, a two-tier court
system - local courts and the Supreme Court - was in
force in the State party. Both courts could function
as first instance courts and, in accordance with the
Code of Criminal Procedure valid at that time, there
were two types of appeal possible:
3.2 The author alleges a violation of article 14,
paragraph 1, of the Covenant because the
prosecution allegedly failed to prove that the author
had a motive and an intention to commit the offence
and the Court failed to refer to this aspect of the
offence in the written judgement. According to the
author, it was therefore unlawful to convict him of
"premeditated murder".2 The author also contends
that the prosecution failed to prove a causal link
between the blows allegedly struck by the author and
the death of the victim. According to the author, the
court failed to ascertain the actual cause of death.
His conviction and the hearing would therefore be
unfair.
– Court sentences that were not yet in force
could be appealed in cassation to the Supreme Court
within seven days after the announcement of the
sentence. Nevertheless, sentences of the Supreme
Court taken in first instance were final and not
susceptible to appeal in cassation.
– Sentences of local courts and of the Supreme
Court could, after having come into force, be
challenged by "supervisory protest" within one year
of the coming into force. Only the Chairperson of the
Supreme Court, the Prosecutor-General and their
deputies had a right of submission of this
"supervisory protest". A sentenced person or his
counsel only had the right to address these persons
with a request that they submit a "supervisory
protest". If such a request was made, the "Presidium"
of the Supreme Court would hear the case and
decide whether to dismiss the protest, dismiss the
criminal case and acquit the person, return the case
to the first instance, or take another decision.
3.3 Finally, the author alleges a violation of
article 14, paragraph 3 (g), of the Covenant because
he was forced to admit, during the preliminary
investigation, that he had struck the victim twice.
The author later testified that he had not struck the
victim, that it was the co-defendant who stabbed him
and that he had helped the co-defendant to dispose of
the body. The author alleges that he was threatened,
beaten and deceived into giving a confession by the
investigator, Mr. Degsnys, and that his mother, who
had an intimate relationship with the latter, was used
as a means to secure this confession. According to
the author, the investigator deceived his mother, by
persuading her to write to the author and encourage
him to admit to having struck the victim so as to
avoid the death penalty.
4.4 This procedure was applicable until 1 January
1995. Nevertheless, in the present case, neither the
author, nor his counsel made a request for the
submission of a "supervisory protest" after the
sentence came into force for the author.
4.5 On 1 January 1995, several new laws
reforming the domestic procedure came into force:
– The law of 31 May 1994 ("the new Law on
Courts"), which came into force on 1 January 1995,
replaced the two-tier court system by a four-tier
court system (district and county courts, Court of
appeals, Supreme Court).
State party's admissibility and merits submission
4.1 By submissions of 21 December 1998, the
State party made its observations on the
admissibility and merits of the communication.
– The law of 15 June 1994, which came into
force on 1 July 1994, provided for the order of
entering into force of the new "Law on Courts" and
determined the "transitional" competence of the
Lithuanian Courts.
4.2 On the alleged violation of article 14,
paragraph 5, of the Covenant, the State party gives
an explanation on the possibilities of appeal in the
domestic procedure, because the system was
reformed a few months after the author was
convicted.
– The law of 17 November 1994 provided for
new orders of appeals for sentences not yet in force
and of cassation for sentences which came into
force.
4.6 According to the law of 15 June 1994, the
Supreme Court, as of 1 January 1995, hears
cassation motions of all decisions taken by the
Supreme Court in first instance. A sentenced person
or his counsel have thus the right to address the
Chairperson of the Supreme Court, the Chairpersons
of the county courts or the chairpersons of the
division of criminal cases of the above courts to
2
According to the judgement of the Supreme Court of
4 May 1994, the "injuries [inflicted on the victim caused
intense] pain and the defendants could understand it. The
defendants [inflicted] the injuries deliberately and they
wanted to do it. They did the crime of malice prepense and
thus their actions are qualified justly pursuant to
Lithuanian Republic [Criminal Code] article 105 (5) cruel premeditated murder".
102
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