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that his correction and the prevention of commission of new crimes could only be achieved
through isolation from the society.
4.11 According to the State party, the allegations of torture and inhuman/degrading
treatment are groundless and refuted by the content of the criminal case’s trial transcript.
The conditions of the trial were equal for all participants. The criminal procedure law does
not provide for a specific outfit for accused persons in court. Mr. Kozulin’s attire during the
trial was neat and adequate to the season. His request to be offered other clothing was
rejected as the accused cannot receive any items in court, including food; he could receive
parcels, including clothes, through the detention centre.
4.12 The judiciary was in charge of providing Mr. Kozulin with food during the trial. In
court, Mr. Kozulin was offered fresh drinking water in unlimited quantity, but he refused to
drink it. Similarly, he refused to take the ration or the warm food offered.
4.13 In court, Mr. Kozulin complained about his poor health; however, medical doctors
found him fit to undergo trial. In addition, the pretrial detention centre at which he was kept
was equipped with a medical unit which could provide him assistance, but he never sought
any care there.
4.14 The author’s allegations under article 12 of the Code of Criminal Procedure (respect
of honour and dignity), article 25 of the Constitution (personal liberty, dignity) and article 7
of the Covenant are thus groundless.
4.15 During his detention in colony No. 8 to serve his sentence, Mr. Kozulin never
complained to the Department on the Execution of Penalties. Prior to that, he was in
custody in remand centre No. 1 in Minsk, from 29 June to 21 September 2006. Under
article 12 of the law regulating custody, the replies to his complaints were drawn to his
attention, and they were added, against his signature, to his file. Upon arrival in the
detention centre, he made no complaints about his health, and he was not specifically
registered in the medical unit. As of 20 July 2006, he complained to the medical unit about
pain in the spine area and about his sight and he was brought to be to the penitentiary
hospital of Minsk correctional colony No. 1 for tests. The results were explained to him
orally, and he left the hospital in a satisfactory condition. The specialists recommended that
he avoid straightening his spine and wear glasses. After his return, he never sought the
assistance of the detention centre’s medical unit.
4.16 Mr. Kozulin was able to buy basic items, including water in unlimited quantity, at
the detention centre’s stall. He was offered warm food three times a day. On 11 and 12 June
2006, he received a dry food ration, given his travel to court.
4.17 On 12 April 2006, the Court of the Central District in Minsk confirmed the
lawfulness of Mr. Kozulin’s arrest on 25 March 2006, and found that his defence rights
were not violated. The claims regarding his continuing custody are, according to the State
party, also groundless. Under article 277 of the Code of Criminal Procedure, once a case is
brought to court, judges also verify whether the preventative measure of an accused must be
modified/cancelled. When Mr. Kozulin’s criminal case was brought to court, the judge
examined his lawyer’s request for release, but decided to prolong the custody, by ruling of
28 June 2006.
4.18 The alleged breach of Mr. Kozulin’s freedom of assembly, is, according to the State
party, based on inaccurate description of the incidents of 25 March 2006. The court
established that Mr. Kozulin’s acts amounted to the organization of public events, with
open disrespect of lawful warnings of the authorities, leading to disruption of the public
order and the functioning of the transport and companies, and he had actively participated
in those actions, i.e. a crime under article 342, part 1, of the Criminal Code. Such actions
cannot be considered as constituting a peaceful assembly, within article 21 of the Covenant.
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