CCPR/C/112/D/1773/2008
intervention before the pronouncement of the judgment. When the judgment was to be read
out, in violation of article 365 of the Code of Criminal Procedure, he refused to stand up,
and started talking loudly, disturbing the court. For that reason, Mr. Kozulin was removed
from the room for the second time and the judgment was pronounced in his absence. Given
that those present in the room were also speaking loudly, they were also removed from the
room by the court. The judgement was thus read out in the presence of Mr. Kozulin���s
defence lawyers, the prosecutor and a foreign diplomat. Article 307, parts 1 and 2, of the
Code of Criminal Procedure permit the removal from the room of accused and the
pronouncement of a judgment in his/her absence. However, the accused has to be provided
with a copy of the judgment, against signature, immediately after its pronouncement; it was
done in this case.
4.25 The alleged violations of the law when the case was examined on cassation are,
according to the State party, also groundless. The law in force did not provide for a
compulsory presence of the accused when his/her cassation appeal is examined. No official
audio recording was made at the trial court stages as the court did not consider the issue
and, therefore, no such record could be provided to the cassation court. A trial transcript
detailing the conduct of the trial was prepared, and the annotations on it made during the
prescribed deadlines were considered by the court.
4.26 The allegation that Mr. Kozulin suffered inhumane treatment in court is groundless.
He was transferred to serve his sentence within the established deadlines. The legislation in
place does not provide for courts to authorize visits by foreign diplomats to the accused.
4.27 Individuals must be transferred to a penitentiary institution within 10 days of
conviction; that was respected in the present case. The fact that Mr. Kozulin could not see
his relatives beforehand does not violate the law.
4.28 In the correctional colony No. 3 (Vitebsk region), Mr. Kozulin was allowed to meet
with his lawyer on 24 occasions. During his hunger strike, he was not allowed to meet with
his lawyer, as the penitentiary administration took into consideration his state of health.
4.29 Mr. Kozulin met with the Head of the Organization for Security and Cooperation in
Europe Office in Belarus on 31 October 2006, 20 December 2006 and 20 April 2007. He
met with a foreign ambassador on 20 April 2007 and with a foreign medical doctor, at the
doctor’s request, on 30 January 2008.
4.30 The State party notes that the hunger strike took place from 20 October to 11
December 2006. On 31 October, Mr. Kozulin confirmed in writing that he did not wish to
be kept in the medical unit of the penitentiary colony. His state of health was monitored on
a daily basis by the medical unit’s doctors and he had laboratory tests periodically. The
consequences that his hunger strike may have for him were repeatedly explained to him, but
he refused any kind of medical help or hospitalization, affirming that he would decide
whether to stop. On 27 November 2006, he was examined by a group of medical specialists
composed of the Head of the Penitentiary Medical Service, the chief of the correctional
colony’s No. 3 medical unit, and two medical doctors from correctional colony No. 1. On
29 December 2006, he was brought for examinations and tests to the Vitebsk Regional
Hospital. The examination revealed no condition affecting his kidneys although the effects
of hunger were visible.
4.31 Mr. Kozulin refused in writing, on four occasions, to undergo a comprehensive
medical examination in the penitentiary hospital of Minsk correctional colony No.1.
Following the end of his hunger strike, he was examined comprehensively on a regular
basis. In the light of the stabilization of his body weight and the blood test results, the
medical doctors decided, on 31 March 2008, to stop providing him with a special diet. His
state of health is considered to be satisfactory. He has received seven parcels since his
imprisonment.
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