6.6 According to the State party, the author was always assisted by a lawyer during the investigation and in court. Investigation proceedings, accusation, and consultation of the content of the criminal case, were all carried in a lawyer’s presence and were cosigned by the latter. Exceptionally, no lawyer took part in certain proceedings (as during a crossexamination with Ravkov); this was due however to the author’s request and was duly recorded. The author was informed by investigators and in court of his rights; these rights were also printed on the procedural forms that were examined and signed by him. law which applied lighter penalties than those at the time of commission of the offences. The form and the content of the judgement is said to be in compliance with the criminal procedure then in force. The court took into account the severe social repercussions of the crime (classified as “heavy” in the Criminal Code), as well as information on the personality of the accused and the existence of mitigating circumstances (e.g., positive references from the author’s employer; his merits as an internationally recognized medical scientist; his health; and the fact that he had the charge of his children). Mr. Bandajevsky was sentenced for multiple acts of bribery to 8 years of imprisonment, coupled with a ban on the exercise of any administrative functions for 5 years. 6.7 The State party recalls that G.P. was not allowed to act as the author’s representative, because domestic law does not provide for such representation, and because he had no licence to practise as a lawyer in Belarus. 6.11 On appeal, the criminal case was examined under the supervisory procedure by the Supreme Court, and the judgement was found lawful and just. According to the State party, if the Supreme Court had detected serious violations of the law, the judgement would have been cancelled. 6.8 According to the State party, the preliminary investigation established that the author had received bribes from families of student applicants; he acted through Mr. Ravkov and members of examination commissions; all instances of bribes were duly examined during the investigation and in court (amount, currency, exact place and time of the transfer, etc.). In addition, various examination forms and questions on different subjects, as well as records with names of persons for whom bribes were given, were seized in the author’s office. 6.12 The State party rejects the author’s allegation that he was prosecuted because of his critical opinion on the authorities’ reaction to the Chernobyl crisis, and affirms that in prison, the author has continued his research and has completed several scientific publications 6.13 According to the State party, the author has submitted no request for a pardon since October 2002. Pursuant to an Amnesty Law of 2002, his sentence was reduced by one year. According to articles 90 and 91 of the Criminal Code, his sentence could be substituted by a lighter one after serving not less than half of the initial sentence, which in the author’s case would be after 6 September 2004. The issue of conditional early release could therefore be examined after 6 September 2005. 6.9 The State party contends that the court concluded that Ravkov modified his testimony in court as a defence strategy. The allegation that he confessed under influence of psychotropic substances was duly examined by the court, including through psychiatric/psychological examinations, and was not confirmed. The author’s guilt was established by testimony of other accused, cross-examinations, and other material evidence. He was charged with multiple receipt of bribes, acting in agreement within an organized group; preparation and attempted receipt of bribes on preliminary agreement with a group; and abuse of authority. On 12 December 2000, the case was sent to court; proceedings were instituted by the Supreme Court, given the public interest in the case and the author’s notoriety. The proceedings were public and held in presence of representatives of international nongovernmental organizations. 6.14 By note verbale of 10 March 2004, the State party informs the Committee that on 8 January 2004, the author’s sentence was reduced by another year. It is stated that the author was placed on medical observation for “duodenal ulcer” and receives treatment. His health situation is said to be stable. It also submits the text of a report from the OSCE representative in Minsk, after his visit to Mr. Bandajevsky on 3 December 2003. Author’s comments on State party’s submissions 6.10 Under article 270 of the Criminal Procedure Code, the case was examined by the Military College of the Supreme Court, as Ravkov was a medical colonel of the reserve, and it was impossible to try him separately. As an example of objectivity and impartiality of the trial, several charges made by the investigators were dropped in court. In accordance with article 15 of the Covenant, the author was convicted under the provisions of a new 7.1 By letters of 12 March, 26 April 2004, and 17 May 2005, the author reaffirms that his arrest was unlawful, and recalls that a preventive detention up to 30 days relates only to terrorism and other particularly serious crimes. He reaffirms that the conditions in the detention centre where he was held for 23 days were inadequate, and that this allegation was not refuted. He claims that he was not able to 87