political situation in the country, and that he delayed
the trial in the beginning for political reasons.
According to counsel, it could never be in the
interests of the accused to delay the trial.
points out that in the records of the interrogation of
12 April 1993, it is stated that it was explained to
him that he had the right to testify in his mother
tongue and to have the services of an interpreter. He
was then made to sign a statement in which he said
that he spoke the Georgian language well, and that
he needed an interpreter. According to counsel, the
interrogators were so happy that he had filled out
that he spoke the language well, that they overlooked
that he had failed to put down the word 'not' with
regard to the need for an interpreter. In this context,
counsel also points out that Mr. Domukovsky always
tried to sign in both Georgian and Russian, by way
of protest. Counsel states that his lawyer at the
preliminary investigations was Georgian of origin
and thus had no problem reading the file.
11.11 It is stated that, for reasons independent of
him, Mr. Domukovsky found himself without lawyer
on 6 June 1994. He was given ten days to find
himself a new lawyer, but after eight days already
the judge assigned a lawyer to him. When he asked
whether Mr. Domukovsky approved, he said that he
could not say since he didn't know him. Counsel
denies the affirmation of the State party that
Domukovsky agreed to the appointment of this
lawyer. It is stated that the lawyer visited
Mr. Domukovsky only twice, and that on both
occasions he was drunk. On 15 August,
Mr. Domukovsky then informed the judge that he
could not approve of him as his lawyer if he would
not visit him more often to get acquainted with the
case. The lawyer not having visited him,
Mr. Domukovsky then withdrew his approval.
Counsel states that Mr. Domkukovsky's wife was
unlawfully removed as his legal representative by
the judge on 12 September 1994, because she
demanded a medical examination. On 13 September
1994, Mr. Domukovsky was excluded from
attending the hearing. On 19 September,
Mr. Domukovsky appointed a new counsel, who had
followed the trial from the beginning as
representative of one of the other accused. However,
the judge refused to accept his appointment and on
24 September 1994 decided that Domukovsky would
stay without a defense lawyer.
11.7 With regard to access to the files, counsel
explains that in the beginning it was not clear to
Mr. Domukovsky that he would be judged with
18 others, and moreover, the trial in the Kvareli
case was not yet over. Counsel explains that
Mr. Domukovsky was also charged in the Kvareli
case, and that in that case all accused had
disavowed their statements made during the
preliminary hearings. According to counsel, the
accused' statements made in public session of the
court, were not made available to Mr. Domukovsky
nor to his lawyer. Counsel confirms that
Mr. Domukovsky had knowledge of the files as
from 13 October, but states that he went on hunger
strike between 18 and 25 November in order to get
access to the main case.
11.8 Concerning the access to his legal
representatives, counsel states that this right was
severely limited, while he was held first in
preventive detention and then in the KGB prison,
and that during that period his counsel could not visit
him without the procurator being present.
11.12 Counsel maintains that president Shevarnadze
has influenced the courts in a newspaper interview
on 29 November, in which he said that the accused
had committed acts of terrorism. Moreover, it is
stated that the judge had ordered to make lists of
everyone who attended the trial. The political
character of the trial is also borne out, according to
counsel, by the judgement in the case, where it is
said that the representatives of the old power and
enemies of the present power organised armed
troops to commit crimes against the State. Counsel
maintains that there was not enough evidence to
convict Domukovsky for banditry.
11.9 Counsel denies that Mr. Domukovsky has
disrupted the trial proceedings, but states that he
participated in passive protest by turning his back to
the judge. Counsel submits that there was no other
way to show his disagreement with the trial, since no
statement had been accepted by the judge. Counsel
explains that when Mr. Domukovsky jumped over
the barrier, he had been provoked by the vulgar
words of the judge. Besides, he was not removed at
that time. Counsel states that the judge did not let the
accused return to the court room out of his free will,
but that he was forced to do so by a hunger strike of
64 days, from 13 January to 17 March 1994. Counsel
states that Mr. Domukovsky still suffers from health
consequences of the hunger strike.
11.13 Concerning the judicial review, counsel seems
to suggest that Mr. Domukovsky still has not
received a reply on his request for review by the
Supreme Court.
The case of Mr. Tsiklauri
11.10 On 13 September 1994, Mr. Domukovsky
was once more excluded from the trial, when he
questioned the removal of his lawyer. In this context,
counsel explains that the judge was influenced by the
12.1 The State party explains that Mr. Tsiklauri
was convicted of illegally carrying fire arms and
storing explosives. He was sentenced to five years'
imprisonment.
147
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