author’s allegations that none of the sentences
against him explained which version of article 104 of
the Criminal Code had been applied in imposing six
years’ deprivation of liberty. However, the
Committee also notes that the author’s sentence of
six years was well within the latitude provided by
the earlier law (3 to 12 years), and that the State
party has referred to the existence of certain
aggravating circumstances. In the circumstances of
the case, the Committee cannot, on the basis of the
material before it, conclude that the author’s penalty
was not meted out according to the law that was in
force at the time when the offence was committed.
Consequently, there was no violation of article 15,
paragraph 1, of the Covenant.
complaint is inadmissible for lack of substantiation
under article 2 of the Optional Protocol.
6.4 With regard to the author’s allegations
concerning articles 14, paragraph 3 (c), and 15,
paragraph 1, of the Covenant, the Committee
considers that these complaints have been
sufficiently
substantiated
for
purposes
of
admissibility. Accordingly, it will consider this part
of the communication on the merits in the light of
the information furnished by the parties, in
conformity with the provisions of article 5,
paragraph 1, of the Optional Protocol.
Consideration of the merits
7.1 As to the author’s allegations that the trial
went on for too long, since the investigation began in
September 1991 and the court of first instance
convicted him on 1 January 1996, the Committee
takes note of the State party’s arguments that the
duration of the proceedings should be calculated as
from the entry into force of the Covenant and the
Protocol for Lithuania on 20 February 1992. The
Committee nevertheless notes that, although the
investigation began before the entry into force, the
proceedings continued until 1996. The Committee
also takes note of the fact that the State party has not
given any explanation of the reason why four years
and four months elapsed between the start of the
investigation and the conviction in first instance.
Considering that the investigation ended, according
to the information available to the Committee,
following the report by the forensic medical
commission and that the case was not so complex as
to justify a delay of four years and four months, or
three years and 2 months after the preparation of the
forensic medical report, the Committee concludes
that there was a violation of article 14, paragraph 3 (c).
8.
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 as found by the
Committee constitutes a violation of article 14,
paragraph 3 (c), of the Covenant.
9.
In accordance with article 2, paragraph 3 (a),
of the covenant, the State party is under an
obligation to provide the author with an effective
remedy, including compensation. The State party is
also under an obligation to ensure that similar
violations do not occur in future.
10. Bearing in mind that, by becoming a 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
and that, pursuant to article 2 of the Covenant, the
State party has undertaken to ensure to all individuals
within its territory or subject to its jurisdiction the
rights recognized in the Covenant and to provide an
effective and enforceable remedy when a violation
has been established, the Committee wishes to receive
from the State party, within 90 days, information
about the measures taken to give effect to the
Committee’s Views. The State party is also requested
to publish the Committee’s Views.
7.2 With regard to the author’s allegations that he
was sentenced to a heavier penalty than the one that
should have been imposed at the time the offence
was committed, the Committee takes note of the
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