CCPR/C/112/D/1906/2009
7.3
The Committee takes note of the argument of the State party that the communication
is inadmissible since it was submitted to the Committee by third parties and not by the
alleged victim himself. In that respect, the Committee recalls that rule 96 (b) of its rules of
procedure states that a communication should normally be submitted by the individual
personally or by a representative of that individual, but that a communication submitted on
behalf of an alleged victim may, however, be accepted when it appears that the individual
in question is unable to submit the communication personally. 11 In the present case, the
Committee notes that the alleged victim was detained on death row at the time of the
submission and that the communication was submitted on behalf of the alleged victim by
his counsel, who presented a duly signed power of attorney to represent him before the
Committee. Accordingly, the Committee is not precluded by article 1 of the Optional
Protocol from examining the communication.
7.4
The Committee takes note of the argument of the State party that Mr. Yuzepchuk
had not exhausted all domestic remedies at the time of submission of the communication, in
view of the fact that he had not submitted an application for a supervisory review by the
Supreme Court. The State party also argued that this constituted an abuse of the right of
submission of a communication. The Committee considers that filing requests for a
supervisory review to the President of a court against court decisions which have entered
into force and depend on the discretionary power of a judge, constitute an extraordinary
remedy and that the State party must show that there is a reasonable prospect that such
requests would provide an effective remedy in the circumstances of the case. 12 The State
party has not shown, however, whether and in how many cases the petition to the President
of the Supreme Court for supervisory review procedures have been applied successfully in
cases concerning the right to a fair trial. Moreover, on 23 March 2010, the author’s lawyer,
acting on his behalf, appealed to the President of the Supreme Court of Belarus for a
supervisory review, but the request was rejected on 26 April 2010. In such circumstances,
the Committee finds that it is not precluded by article 5, paragraph 2 (b), of the Optional
Protocol from considering the present communication.
7.5
The Committee takes notes of the author’s allegations that he was discriminated
against, based on his Roma ethnicity, in violation of his rights under articles 14,
paragraph 2, and26 of the Covenant. However, in the absence of further explanations or
evidence in support of those claims, the Committee finds them insufficiently substantiated
for purposes of admissibility and declares them inadmissible under article 2 of the Optional
Protocol.
7.6
The Committee considers that the author’s remaining claims, raising issues under
articles 6, paragraphs 1 and 2; 7; 9, paragraph 3; and14, paragraphs 1, and 3 (e) and (g), of
the Covenant, have been sufficiently substantiated for purposes of admissibility and
proceeds to their examination on the merits.
Consideration of the merits
8.1
The Human Rights Committee has considered this communication in the light of all
the information received, in accordance with article 5, paragraph 1, of the Optional
Protocol.
11
12
8
See, inter alia, Kovaleva and Kozyar v. Belarus, para. 10.2.
See communications No. 836/1998, Gelazauskas v. Lithuania, Views adopted on 17 March 2003,
para 7.4; No. 1851/2008, Sekerko v. Belarus, Views adopted on 28 October 2013, para. 8.3; No.
1919-1920/2009, Alexander Protsko and Andrei Tolchin v. Belarus, Views adopted on 1 November
2013, para. 6.5, No. 1784/2008, Schumilin v. Belarus, Views adopted on 23 July 2012, para. 8.3; and
No. 1814/2008, P.L. v. Belarus, decision of inadmissibility adopted on 26 July 2011, para. 6.2.