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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