CCPR/C/109/D/1910/2009 accused of a criminal charge to defend themselves in person or through legal counsel of their own choosing, or to have legal assistance assigned to them free of charge whenever the interests of justice so require, is provided for by article 14, paragraph 3 (d). 23 In the absence of any observations from the State party on the facts presented by the author, the Committee concludes that the denial of access to a lawyer of choice during the initial crucial stage of the pretrial proceedings constitutes a violation of Mr. Zhuk’s rights under article 14, paragraph 3 (b) and (d), of the Covenant. 8.6 The Committee notes the author’s allegation that her son’s rights under article 14, paragraph 1, were violated. The Committee also notes that this allegation was not refuted by the State party. In the light of the Committee’s findings that the State party failed to comply with the guarantees of a fair trial under article 14, paragraphs 2 and 3 (b), (d) and (g), of the Covenant, the Committee is of the view that Mr. Zhuk’s trial suffered from irregularities which, taken as a whole, amount to a violation of article 14, paragraph 1, of the Covenant. 8.7 The author further claims a violation of Mr. Zhuk’s right to life under article 6 of the Covenant, since he was sentenced to death after an unfair trial. The Committee notes that the State party has argued, with reference to article 6, paragraph 2, of the Covenant, that Mr. Zhuk was sentenced to death following the judgment handed down by the courts, in accordance with the Constitution, the Criminal Code and the Code of Criminal Procedure of Belarus, and that the imposed death penalty was not contrary to the international instruments to which Belarus is a State party. In this respect, the Committee recalls its general comment No. 6 (1982) on the right to life, where it noted that the provision that a sentence of death may be imposed only in accordance with the law and not contrary to the provisions of the Covenant, implies that “the procedural guarantees therein prescribed must be observed, including the right to a fair hearing by an independent tribunal, the presumption of innocence, the minimum guarantees for the defence, and the right to review by a higher tribunal”. 24 In the same context, the Committee reiterates its jurisprudence that the imposition of a sentence of death upon conclusion of a trial in which the provisions of article 14 of the Covenant have not been respected constitutes a violation of article 6 of the Covenant. 25 In the light of the Committee’s findings of a violation of article 14, paragraphs 1, 2 and 3 (b) (d) and (g), of the Covenant, it concludes that the final sentence of death and the execution of Mr. Zhuk were passed without having met the requirements of article 14, and that as a result his right to life under article 6 of the Covenant has been violated. 9. The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the Covenant, is of the view that the facts before it disclose a violation of Mr. Zhuk’s rights under articles 6, 7, 9 (para. 3) and 14 (paras. 1, 2 and 3 (b), (d) and (g)) of the Covenant. The State party also breached its obligations under article 1 of the Optional Protocol to the Covenant. 23 24 25 12 See also communication No. 1769/2008, Ismailov v. Uzbekistan, para. 7.4. Official Records of the General Assembly, Thirty-seventh Session, Supplement No. 40 (A/37/40), annex V, para. 7; see also communication No. 253/1987, Kelly v. Jamaica, Views adopted on 8 April 1991, para. 5.14. See the Committee’s general comment No. 32, para. 59; communications No. 719/1996, Levy v. Jamaica, Views adopted on 3 November 1998, para. 7.3; No. 1096/2002, Kurbanov v. Tajikistan, Views adopted on 6 November 2003, para. 7.7; No. 1044/2002, Shukurova v. Tajikistan, Views adopted on 17 March 2006, para. 8.6; No. 1276/2004, Idieva v. Tajikistan, Views adopted on 31 March 2009, para. 9.7; No. 1304/2004, Khoroshenko v. Russian Federation, Views adopted on 29 March 2011, para. 9.11; No. 1545/2007, Gunan v. Kyrgyzstan, Views adopted on 25 July 2011, para. 6.5.