CCPR/C/120/D/2435/2014
authorities could not ensure the security of relatives of the defendants. Outside of the
courtroom, the relatives of defendants were harassed, insulted and even beaten up (para.
5.3).
8.
Such security problems were, in fact, confirmed by the State, when it acknowledged
that on 29 September 2010, the officers of the special “Sher” law enforcement unit
prevented attacks on defendants from several relatives of the victims (para. 4.6). And that
the court hearings had to be postponed to 10 October 2010, to avoid confrontation, because
of the angry reaction from the relatives of victims, who tried to attack one of the lawyers
for the defendants (para. 4.7).
9.
It is thus difficult to understand, in face of such sensitive circumstances, which
posed severe difficulties in terms of management of court hearings, and public security,
how the majority of the Committee came to conclude that the State party, that is, the trial
court, applied a disproportionate restriction on the author’s rights to a fair and public
hearing, and therefore on the author’s rights under article 14 (1), by preventing access by
the relatives of the author to the court hearings — a decision which, in fact, according to the
author himself, the trial court did not take.
10