death, Petre Gelbakhiani and Irakli Dokvadze. A list
of convicted persons and sentences was included.
With regard to death sentences in general, the State
party indicated that these may be appealed to the
Supreme Court, and that the execution of death
sentences is deferred until the matter of pardon is
examined by the Pardon Commission.
5.1 The author of communication No. 627/1995,
Mr. Dokvadze, is a Georgian citizen born in Tiblisi
in 1961.
5.2 Mr. Dokvadze states that he was arrested on
3 September 1992 and that he was severely tortured,
in violation of article 7 of the Covenant. During the
investigation a confession was extorted from him,
under the threat that his two small daughters would
be killed. The author states that he withdrew this
confession at the trial.
7.3 By letter of 23 March 1995, Mr. Tsiklauri
informed the Committee that he was sentenced to
5 years of imprisonment in a colony of intensive
regime and that his property had been confiscated.
He alleged that he was tortured, that he is innocent,
that the presumption of innocence was violated
repeatedly during the trial, that he was not present at
the trial, except on the last day to listen to the
verdict, that he was denied the right to have a lawyer
of his own choice, that he was unable to testify on
his own behalf, that he was denied the right to
interrogate witnesses. Mr. Tsiklauri's submission
together with accompanying documents in
substantiation of his allegations were forwarded to
the State party on ll May 1995, but no observations
from the State party were received in spite of a
reminder sent on 30 October 1995.
5.3 Like
some
of
his
co-defendants,
Mr. Dokvadze was removed from the courtroom and
was subsequently absent from the proceedings. He
claims that, like his co-defendants, he was denied a
fair trial by an impartial and competent tribunal.
5.4
On 6 March 1995, he was sentenced to death.
The complaint
6.
The authors contend that both their
arrest and their detention were arbitrary and contrary
to various provisions of article 9 of the Covenant.
They complain of having been subjected to torture
and ill-treatment, in violation of articles 7 and 10 of
the Covenant. They further claim that the State party
violated articles 19, 21 and 25 in their respect,
because they were prevented from political activity
and persecuted for their political ideas. As for the
criminal proceedings against them, they contend that
the trial was not impartial and that the presumption
of innocence and the guarantees of a fair proceeding
were violated. As to the two sentences of death, they
allegedly entail a violation of the principle nulla
poena sine lege in contravention of article 15 of the
Covenant, and consequently also of article 6 of the
Covenant.
7.4 By letters of 17 March 1995 Mr. Gelbakhiani
and Mr. Dokvadze reiterated their innocence and
sought the Committee's intercession. The
submissions were transmitted to the State party on
16 May 1995. No reply was received from the State
party.
Committee’s decision on admissibility
8.1 At its 57th session, the Committee examined
the admissibility of the communication. It
ascertained, as required under article 5,
paragraph 2 (a), of the Optional Protocol, that the
same matter was not being examined under another
procedure of international investigation or
settlement.
State party's information and authors' comments
7.1 The communications of Messrs Domukovsky
and Tsiklauri were transmitted to the State party
under rule 9l of the rules of procedure on
2 March 1995, requesting the State party to submit
observations on the admissibility of the
communications. At the same time the Committee
requested the State party under rule 86 to stay the
execution of any death sentence until the Committee
had had an opportunity to examine the cases. The
communications of Messrs Gelbekhiani and
Dokvadze were transmitted under rules 86 and 91 of
the rules of procedure on 10 March 1995.
8.2 The Committee noted with concern the
absence of cooperation from the State party, in spite
of the reminders that were addressed to it. On the
basis of the information before it, the Committee
found that it was not precluded from considering the
communication under article 5, paragraph 2 (b) of
the Optional Protocol.
8.3. On the basis of the submissions before it, the
Committee observed that the authors had sufficiently
substantiated, for purposes of admissibility, their
allegations of violations of the Covenant by the State
party, in particular, of articles 7, 9, 10, 14, 15, 19, 21
and 25, which should be examined on the merits.
7.2 Although the State party had been requested
to submit its observations on admissibility, it only
submitted, on 10 March 1996, information to the
effect that on 6 March 1996 seventeen defendants in
the criminal case No. 7493010 had received various
sentences, including two who had been sentenced to
9.
On 5 July 1996, the Human Rights Committee
therefore decided that the communication was
admissible. It requested the State party, under rule 86
of the rules of procedure, not to carry out the death
144
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