CCPR/C/132/D/3038/2017 Advance unedited version
an accused on 16 October 2014, where he explained in what circumstances he had committed
the crimes. He gave additional information on the circumstances of the murders during the
verification at the crime scene, on 22 December 2013 and 27 May 2014.
4.21 When assessing the author’s guilt, the court examined his deposition as a suspect on
16 October 2014 and the verification of the deposition at the crime scene, recognised them
as admissible evidence of his guilt under article 105 CC as they were received in accordance
with the law, including with the explanation that the author had the right not to testify against
himself, and that they were given in the presence of a lawyer. No complaints regarding an
unlawful pressure were received. The court also gave an assessment of the author’s
confessions and noted that they were corroborated by the additional expert’s examination No
211 and the data contained in the record regarding the examination of the crime scene of 8
December 2013.
4.22 When calculating the author’s penalty, the court took into consideration his arrest
from 17 December 2013. When appealing his conviction of 5 May 2015 by the Amursk
Regional Court, the author affirmed having been arrested on 17 December 2013 and he
complained that the record on his arrest has only been prepared on 20 December 2013; he
also claimed that his confessions were made under psychological and physical pressure by
the police.
4.23 On 11 August 2015, the Collegium on criminal cases of the Supreme Court examined
the claims of the appellant and concluded that the guilt of the author was confirmed by the
multitude of the evidence examined during the trial that have been given an adequate
assessment in the sentence. The author’s responses that were given when he was interrogated
during the investigation were considered truthful, when he gave a detailed description of the
way he murdered four persons. The author confirmed his deposition during a verification at
the crime scene but also in court, when he clarified the sequence of the murder and the place
from where he collected the axe.
4.24 The court also correctly retained as evidence the deposition of the witness P., who
confirmed that the author - his cellmate during his administrative arrest - described to him
how he had murdered four people and that he had informed the police of this. The author had
not complained to him of having been coerced to do so. In court, the author confirmed the
deposition of P. Another witness, D., has confirmed that when P. asked the author who had
committed the murder of 4 people, the author replied that it was him.
4.25 The author’s allegations about his forced confessions were duly examined by the court,
but were rejected as groundless. The court took note in particular of the fact that the
confessions were made in the presence of a lawyer, after the author had been informed of his
procedural rights including the right not to testify against himself; he did not complain about
the police during the investigation, and from the witnesses’ depositions it transpires that he
had confessed guilt voluntarily. From the sentence, it transpires that the author’s guilt was
confirmed not only by his depositions, but also by a multitude of other corroborating evidence,
permitting to make a grounded conclusion of his guilt. In his appeals against the Amursk
Regional Court of 5 May 2015 and the ruling of the Supreme Court of 11 August 2015, the
author claimed that he had been arrested on 12 December and not on 17 December 2013, but
made no claim of unlawful methods of investigation or forced confessions.
4.26 The author has also complained to court against the Ministry of Finance and the
Temporary detention centre of the Ministry of Internal Affairs, claiming moral damages for
his unlawful detention. In support, he claimed that on 12 December 2013, he has been placed
unlawfully in the Temporary Detention Centre as no record for his arrest as suspect has been
prepared. In addition, he has not been informed of his procedural rights and was given no
possibility to conclude a representation agreement with a lawyer. The conditions of detention
did not correspond to the sanitary and other standards. These circumstances led to physical
and moral sufferings by the author. The author asked the court to conclude to the
unlawfulness of his detention and to order a compensation equal to 10 000 000 roubles.
4.27 The State party submits that on 9 March 2016, the Tynda District Court accepted the
case and determined the 12 April 2016 as date of adjudication and the author has been
informed accordingly. Later on, the trial has been postponed to 24 May 2016 and the author
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