CCPR/C/112/D/1773/2008
the left knee and issued the following diagnosis: “Haematoma in the lower back and the
pelvis”. At around 10 p.m., officers from the Almaz unit escorted Mr. Kozulin to the
Zhodino pretrial detention centre. He was handcuffed during the trip and forced to remain
on his knees; his eyes were covered with his ripped hat; his head was pressed against his
knees or against a seat. He was repeatedly hit over the head to prevent him from standing
up. The handcuffs were very tight and his hands were swollen. In order to intimidate him,
officers placed bullets in the chamber of an automatic pistol. Upon arrival, a paramedical
official recorded the presence of a bruise 2 cm x 2 cm on his right knee and marks on both
hands (due to the tight handcuffs).
2.7
The author further contends that, according to a medical record made on
Mr. Kozulin’s admittance to the pretrial detention centre, he had bruises on his right knee,
on the third finger of his left hand and on the inside of his left knee; he complained about
pain in the lumbar region. On 4 April 2006, he underwent a forensic medical examination
by State experts. He claimed that he had been kicked by masked individuals all over his
body during his arrest on 25 March. Bruises to the third finger of his left hand and his right
knee were recorded.
2.8
Only on 26 March 2006, after 19 hours of detention instead of the 12 hours allowed
by law, did an investigator inform Mr. Kozulin’s family and counsel of his location and the
reasons for his arrest.
2.9
The author notes that the manner in which the police used force against her father
was cruel and illegitimate. On 12 May 2006, as a result of Mr. Kozulin’s complaint of 30
April 2006 regarding the 25 March events, a procurator conducted an inquiry and
interrogated several of the officers participating in his arrest and transportation to the police
station and the pretrial detention centre but refused to open a criminal case. In July 2006,
the Court of the Moscow District in Minsk confirmed that decision.
2.10 On 30 March 2006, a procurator officially charged Mr. Kozulin regarding the events
of 17 February, 2 March and 25 March 2006, under articles 339 and 342 of the Criminal
Code on hooliganism, and organization of mass events severely breaching public order with
clear disrespect of lawful requests by representatives of the State leading to disruption of
the functioning of transport and enterprises, and active participation in such acts. On 19
May 2006, his counsel asked the Procurator’s Office to release him from custody. On 24
May 2006, the petition was rejected. On 22 June 2006, counsel petitioned the Court of the
Moscow District in Minsk to annul the custody, to allow the author to represent her father,
and to subpoena witnesses and examine additional evidence. On 28 June 2006, the court
rejected the petition.
2.11 During the trial, Mr. Kozulin was held in a cage, which made it difficult for him to
communicate with his attorneys. Both the judge and the prosecution repeatedly humiliated
him throughout the trial.5 The trial court limited the access to the courtroom — designed to
5
4
In particular, the judge rejected Mr. Kozulin’s relatives’ petition to pass him a belt. On that occasion,
the prosecutor reportedly remarked that the audience would be delighted if Mr. Kozulin was unable to
hold his pants. The author claims that bottled water was available in the pretrial detention centre’s
store but not sold to prisoners. Only after his father’s and his lawyer’s repeated complaints were
detainees allowed to buy water. Mr. Kozulin was unable to bring bottled water to court, and no
bottled water was provided to him there despite the heat. On one occasion, he was provided with
salted fish and bread before being escorted to court, in his opinion to make him suffer. His health
status was affected due to the absence of bottled water during the long hearings. On 11 July 2006, it
was very hot and he was feeling unwell but the judge refused to interrupt the trial. Only when he lay
down on the bench and explained that he had headaches and vertigo was the trial interrupted.
Thereafter, he was allowed to bring bottled water.