a request to submit a "supervisory protest" or a
cassation motion does not constitute a review within
the meaning of article 14, paragraph 5, of the
Covenant because the submission of a "supervisory
protest" or cassation motion is an exceptional right,
depending on the discretion of those authorities and
is not a duty.
5.8 With regard to the violation of article 14,
paragraph 3 (g), the author reiterates that he
confessed during the preliminary investigation
because he was misled by the investigator and
because he had been the victim of violence during
investigation. In support of this claim, the author
refers to a letter written by the co-defendant to the
author's parents, testimonies of Mr. Saulius Peldzius
who was in custody with the author, and audiorecords of conversation between the author and the
investigator. Moreover, the author states that he
made a complaint against the investigator to the
General Prosecutor of Lithuania on 15 and 30 May
1996 and that the General Prosecutor decided on
12 June 1996 not to investigate.
5.3 The possibility to submit a cassation motion
in accordance with the requirement of article 14,
paragraph 5, of the Covenant exists only since
1 January 1995.
5.4 With regard to the term of one year to submit
a cassation motion, that was allegedly overlapped in
the present case, the author claims that the one-year
time limit of article 419 of the Code of Criminal
Procedure could only be applicable to cassation
motions which aim to worsen the situation of a
convicted person. According to this provision, "it is
permitted to lodge a cassation complaint about a
sentence for applying the law that provides for more
major crime [...] or for other aims, which worsen the
situation of a convicted person [...]".3 The
applications for cassation motion of 28 September
1995 and 2 April 1996 were made with the purpose
to acquit the author, thus to improve his situation.
The requests were thus regular and the time limit of
one year could not apply.
Issues and proceedings before the Committee
Consideration of admissibility
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 communication 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 purposes of article 5, paragraph 2 (a), of the
Optional Protocol.
5.5 The author, pointing to an apparent
contradiction
between
the
State
party's
argumentation and the content of the letters rejecting
the cassation motion, further explains that the
decision of 8 December 1995 rejecting the
application for a cassation motion was not based on
the fact that it exceeded the one-year time limit, but
because "the motives of your cassation complaint
[...] are denied by evidence, which were examined in
court and considered in the sentence".
6.3 With regard to the alleged violation of
article 14, paragraph 1 and 3 (g), the Committee
notes the author's claims that the judgement of the
Supreme Court of 4 May 1994 does not reflect the
merits of the case and that, during the investigation,
he was forced to confess to the murder for which he
was later convicted. In this respect, the Committee
has taken note of the undated statement made by the
author's co-defendant as well as the testimony given
on 15 June 1995 by a cellmate, Saulius Peldzius.
5.6 On the second application for a cassation
motion of 2 April 1996, the Chairman of the
Supreme Court wrote on 5 April 1996 that the law
does not provide that the Supreme Court "is a
cassation instance for [sentences that have] been
adopted by itself". It added that sentences of the
Supreme Court "are final and [cannot be appealed,
so that retrying] the case is impossible". The
Chairman of the Supreme Court did not refer to the
one-year time limit. The claim under article 14,
paragraph 5, is thus sufficiently substantiated.
6.4 Recalling that it is in general for the courts of
States parties, and not for the Committee, to evaluate
the facts in a particular case, the Committee notes
that these allegations were raised during the trial and
addressed by the Supreme Court in its judgement.
Moreover, the information before the Committee and
the arguments advanced by the author do not show
that the Courts' evaluation of the facts was
manifestly arbitrary or amounted to a denial of
justice. The Committee is thus of the opinion that the
author has not substantiated his claim under article
14, paragraph 1 and 3 (g), of the Covenant and that
this claim is therefore inadmissible under article 2 of
the Optional Protocol.
5.7 With regard to the alleged violation of
article 14, paragraph 1, the author reiterates that the
principles of criminal procedure were not complied
with and that the conclusions of the Court do not
therefore follow the merits of the case.
3
6.5 With regard to the alleged violation of article
14, paragraph 5, of the Covenant, the Committee
notes the State party's contention that this part of the
As translated by the author.
104
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