Communications Nos. 623, 624, 626 and 627/1995 Submitted by: Victor Domukovsky, Zaza Tsiklauri, Petre Gelbakhiani and Iraki Dokvadze Alleged victims: The authors State party: Georgia Declared admissible: 5 July 1996 (fifty-seventh session) Date of adoption of Views: 6 April 1998 (sixty-second session) special services which performed the kidnapping as having carried out a splendid operation. The author states that he was beaten upon arrest and kept in detention from 6 April 1993 to 27 May 1993, after which he was transferred to solitary confinement at the KGB, until August 1993. He further claims that his arrest was illegal, because he was a deputy member of the Supreme Soviet of Georgia and as such protected by immunity. Subject matter: Alleged kidnapping after failed request for extradition on terrorism charges, ill-treatment in detention and unfair trial Procedural issues: Interim measures of protection Absence of co-operation from State party Substantive issues: Unlawful arrest - Torture and illtreatment - Unfair trial - Arbitrary imposition of death sentence - Inadequacy of appeal procedure 2.3 On 13 August and 11 December 1994 he was severely beaten in his cell, as a result of which he sustained a concussion. He further claims, without giving any details, that he was forced to testify against himself. Articles of the Covenant: 7, 9, 10, 12, 14, 15, 19, 21 and 25 Article of the Optional Protocol and Rules of procedure: rule 86 2.4 The author states that, on 13 October 1993, his request to be given a copy of the indictment in his native Russian language was refused by the Court, contrary to the applicable legal rules. He further states that he was not given copies of all the material related to the charges against him. Furthermore, he alleges that the judge on several occasions prevented him from meeting with his legal representatives. In this context, he states that he had to apply to the judge for permission to see his lawyer. He claims that the failure to give him unhindered access to counsel violates article 14, paragraph 3 (b). Finding: Violations [articles 7, 9, paragraphs 1 and 2, 10, paragraph 1, 14, paragraphs 3 (d) and 5] 1. The authors of the communications are Victor P. Domukovsky, Zaza Tsiklauri, Petre Gelbakhiani and Irakli Dokvadze, three Georgian and one Russian national currently imprisoned in Georgia, the last two under sentence of death. They claim to be victims of violations of articles 7, 9, 10, 12, 14, 15, 19, 21 and 25 of the International Covenant on Civil and Political Rights by Georgia. 1.2 On 5 July 1996, the Committee decided to join consideration of the communications. 2.5 He complains that he was not allowed to say anything in Court, that he was removed from the courtroom without reason From the enclosures, it appears that the author turned his back to the court out of protest against the irregular nature of the proceedings. and that he was judged in his absence and without defence counsel. In this context, he states that three lawyers were removed by the judge from the trial, and that his fourth lawyer was not admitted by the judge to the trial. In these circumstances, the author states, he could not call any witnesses nor cross-examine witnesses against him. The facts as submitted by the authors 2.1 The author of the first communication (No. 623/1995), Mr. Domukhovsky, is a Russian national. On 5 October 1993, Mr. Domukovsky and 18 others were brought to trial before the Supreme Court of Georgia on charges of participating in terrorist acts with the aim of weakening the Government's power and of killing the Head of State, Mr. Shevardnadze. On 6 March 1995 Mr. Domukovsky was found guilty and sentenced to 14 years' imprisonment. 2.6 He claims that the Courts in Georgia are not independent, but act in accordance with the orders of President Shevardnadze. 2.2 He states that, on 3 February 1993, the Government of Azerbaijan, where he had sought refuge, refused Georgia's request to extradite him and a co-defendant, Mr. P. Gelbakhiani. Thereupon, in April 1993, he was kidnapped from Azerbaijan and illegally arrested. In this context, he states that the President of Georgia has publicly praised the 2.7 He claims that in violation of article 19 of the Covenant, he is being victimised for having different political views and for trying to express his views, and for defending the Georgian Constitution which was violated on 22 December 1991 by a change of political power. He denies being guilty of any violent acts. 142