CCPR/C/112/D/1773/2008
under article 21 of the Covenant were also violated, because he was not allowed to
participate in a peaceful rally, not organized by him, on 25 March 2006, which was
violently dispersed by special troops.
3.2
Mr. Kozulin’s arrest of 25 March 2006 was unlawful, his family was informed about
his whereabouts only after 19 hours, instead of the 12 hours prescribed by law, and his
subsequent pretrial detention was unjustified and sanctioned by a procurator, in violation of
article 9, paragraphs 1 and 3, of the Covenant.
3.3
The author claims a violation of article 10 of the Covenant, because of the way he
was treated in prison, during his hunger strike and thereafter (see paras. 2.13 and 2.14
above).
3.4
The author claims a violation of article 14, paragraph 1, of the Covenant, because of
the numerous irregularities in his trial (see para. 2.12 above).
3.5
Mr. Kozulin’s rights under article 14, paragraph 2, of the Covenant were also
violated, as officials publicly referred to him as a criminal, immediately after his arrest.
3.6
The author claims a violation of article 14, paragraph 3 (b), of the Covenant, because
Mr. Kozulin was held in a cage during the trial, which affected his communication with
counsel.
3.7
She claims a violation of article 14, paragraph 3 (d), since the court did not allow her
to represent her father during the trial.
3.8
The author claims a violation of article 14, paragraph 3 (e), because the court
refused to call a number of witnesses requested by the defence and was thus unable to
examine all relevant evidence.
State party’s observations on admissibility and merits
4.1
On 26 May 2008, the State party noted that, on 13 July 2006, the Court of the
Moscow District in Minsk found Mr. Kozulin guilty of having committed intentionally acts
of hooliganism, seriously breaching the public order, demonstrating open disrespect to the
society, with use of violence and destruction of property, and resisting the attempts of
officials to stop his acts, committed twice, and sentenced him to five years and six months’
imprisonment. On 19 September 2006, the Minsk City Court confirmed that decision.
4.2
The court concluded that, on 17 February 2006, Mr. Kozulin, together with other
individuals, was trying to enter the Minsk Congress Hall (the location of the National Press
Centre). He used violence against two individuals and insulted another. On 2 March 2006,
he broke the framed portrait of the Head of State at the Department of Internal Affairs in
the Oktyabrsk District in Minsk. On 25 March 2006, he organized and actively participated
in mass actions breaching the public order, ignoring calls by the authorities to stop, which
resulted in disruption of the work of a commercial centre and the traffic.
4.3
Mr. Kozulin’s claims regarding his allegedly unlawful conviction, deprivation of
liberty and persecution on political grounds were not confirmed by the trial court or on
appeal. The lawfulness of the conviction was also confirmed under the supervisory review
proceedings by the Minsk City Court, the Supreme Court, and the Minsk City Procurator
and the Procurator-General’s Offices.
4.4
The courts examined the criminal case in an objective and impartial manner,
Mr. Kozulin was found guilty of having committed specific crimes, based on credible
evidence, without considering his involvement in political/social activities. He cannot be
recognized as a political prisoner as he was sentenced for acts constituting offences by a
competent court of justice established under the law. No violation of his procedural rights
occurred. As a person deprived of liberty, he has the right to receive legal aid and to submit
6