CCPR/C/130/D/2517/2014
cassation courts and returned the cases for new hearings owing to the failure of the cassation
courts to provide defendants with legal assistance. However, he considers that because he
was charged with terrorism and the killing of 56 people, the judges were afraid to take a
stance in his case and to quash the ruling of the cassation court.
5.4
The author considers that the presence of a lawyer would have helped him to convince
the cassation court that his confessions had been obtained under torture and following threats
to have his relatives hurt. He submits a copy of a medical report dated 10 September 2002 by
the doctor of the jail in which he was held, in which the doctor states that the author
complained of pain in his right arm. The doctor noted hyperaemia and swelling in the
shoulder and its limited motion due to pain.
5.5
Lastly, the author notes that he will appeal the decision of the Supreme Court decision
of 30 December 2013 before the Chairperson of the Supreme Court.
5.6
On 13 July 2017, the author informed the Committee that, on 16 March 2015, he had
appealed the Supreme Court’s decision of 30 December 2013 before the Chairperson of the
Supreme Court, as suggested by the State party. However, his appeal was denied by the
Deputy Chairperson of the Supreme Court on 7 April 2015. In his decision, the Deputy
Chairperson states that he agrees with the decision of the cassation court and does not see
grounds for a judicial review. The decision also states that no further appeals to the
Chairperson of the Supreme Court are allowed.
State party’s additional observations
6.1
In a note verbale dated 21 December 2015, the State party submitted further
observations. It notes that under article 412 of the Criminal Procedure Code, when appeals
for a supervisory review are submitted to the Supreme Court, they are first reviewed by a
single judge. On 28 March and 30 December 2013, such single-judge decisions were issued
in the author’s case.
6.2
The State party further notes that the Chairperson of the Supreme Court and his deputy
can overrule a decision by a Supreme Court judge and send the case for review by the
Presidium of the Supreme Court. On 16 March 2015, the author submitted an appeal to the
Chairperson of the Supreme Court, requesting a supervisory review of his case. In his appeal,
he argued that his right to legal defence had been violated because he had not been notified
of the appeals submitted by his co-defendants. On 7 April 2015, the Deputy Chairperson of
the Supreme Court denied the author’s appeal, stating that he agreed with the prior singlejudge decisions of 28 March and 30 December 2013.
6.3
The State party submits that the author’s appeals for a supervisory review that have
been submitted to the Supreme Court since 7 April 2015 have all been returned to the author
without review because the legislation does not allow for the repeated submission of appeals
for a supervisory review on the same grounds.
Additional comments from the author
7.1
On 2 March 2016, the author submitted his additional comments. He reiterates the
information regarding his appeals to the Supreme Court and to the Constitutional Court (paras.
2.2–2.4 above). He notes that in his appeal dated 16 March 2015, he raised issues that had
not been raised in his previous appeals, namely that he had not been notified of the appeals
submitted by his co-defendants, which violated his right to legal defence. However, on 7
April 2015, the Deputy Chairperson of the Supreme Court simply agreed with the prior
single-judge decisions of 28 March and 30 December 2013, notwithstanding that his appeal
was on different grounds and did not concern the previous single-judge decisions.
7.2
The author reiterates that the Supreme Court has previously found a violation of the
right to legal defence in other similar cases and that, by denying him his right to legal counsel
during the cassation hearing, the State party violated his rights under article 14 (3) (d) of the
Covenant.
7.3
On 10 August 2017, the author submitted further observations. He notes that his case
file is missing some documents, and that he has not been able to obtain them from the
Supreme Court of the Republic of North Ossetia-Alania. According to the author, the missing
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