Medical Institute, he proposed to the Education
Director to collect money as bribes from parents of
applicants to study at the Institute.
Belarusian Helsinki Committee—to represent him in
court, in violation of article 14, paragraph 3 (d).
3.6 In relation to article 14, the author claims that
his guilt was not proven in Court. The only evidence
against him were the allegedly contradictory
declarations of two witnesses—Mr. Shaichek and
Mr. Ravkov; the judgement allegedly did not refer to
other evidence. It is stated that the Court considered
only the arguments of benefit to the prosecution,
ignoring procedural violations committed during the
investigation and in court. According to the author,
this proves the lack of impartiality of the Court, and
that the investigation and the court’s proceedings
were biased and incomplete. He adds that
Mr. Ravkov had initially made a deposition on 12
July 1999, accusing him of taking bribes, but later,
in court, he retracted his deposition, stating that
initially he was under pressure from the investigators
(interrogation longer than legally authorized, with no
food or sleep, and use of threats against his wife and
daughter; he also claimed that a psychotropic
substance had been added to his food). The Court
allegedly ignored these declarations and took into
account only the initial ones.
2.2 The author affirms that he has exhausted all
domestic remedies.
The complaint
3.1 The author claims a violation of article 9,
paragraph 1, of the Covenant: he notes that he was
arrested on 13 July 1999, with approval of the
Procurator General, and detained for 30 days under a
Presidential Decree of 21 October 1997 “On the
urgent measures for the fight of terrorism and other
particularly dangerous violent crimes”. He claims
that he was later charged with having accepted
bribes, contrary to article 169 (3) of the Criminal
Code of Belarus. This offence, he notes, has no
relation with terrorism or other violent or
particularly dangerous crimes. According to him,
there was no justification for his arrest and detention.
3.2 The author claims that he was not informed of
the charges against him upon his arrest on 13 July
1999, and that he was accused of having received
bribes only 3 weeks later, on 5 August 1999, in
violation of article 9, paragraph 2, of the Covenant.
He also claims that he was deprived of the
possibility of having his detention reviewed, in
violation of article 9, paragraph 4, of the Covenant.
3.7 The author contends that contrary to article 14
of the Covenant, courts in Belarus are not
independent because the President of the Republic
has sole authority to appoint and dismiss judges;
before their formal designation, they go through a
probationary period, without any guarantee that they
will ultimately be appointed. In the author’s opinion,
the lack of independence of judges is also confirmed
by a report of the Special Rapporteur on the
independence of judges and lawyers of the United
Nations Commission on Human Rights (June 2000).
3.3 He also claims that, during his detention, he
did not receive any medical care, commensurate to
his state of health, in violation of article 10,
paragraph 1, of the Covenant. He states that only
after an abrupt deterioration of his state of health, he
was hospitalized on 8 August 1999 in the regional
hospital of Mogilev; on 18 September 1999, at the
request of the authorities, he was again placed in
detention. He further claims that he was unable to
have any items for personal hygiene or adequate
personal facilities. The conditions of detention did
not allow the author to consult scientific or artistic
literature, or press from independent media,
“corresponding to his background and profession”.
3.8 The author further claims that under article 1
of the Decision of the Supreme Council (Supreme
Chamber of the Belarusian Parliament) on the
“interim situation in the designation of people’s
jurors (assessors)” (7 June 1996), all Belarusian
citizens of above 25 years can become jurors, and
citizens of 25 years and in active military service —
can become jurors in military courts. However, in
his case, only the President of the Military Chamber
of the Supreme Court was in active military service,
and none of the jurors. This is said to raise issues
under article 14 of the Covenant.
3.4 He claims that during his pretrial detention,
the conditions of detention were identical to those of
convicted prisoners, in violation of article 10,
paragraph 2, of the Covenant.
3.5 The author reiterates that the charges against
him were notified only on 5 August 1999 (23 days
after his arrest), and claims that until this moment,
he was deprived of the possibility to defend himself
against those charges, in violation of article 14,
paragraph 3 (a), of the Covenant. He alleges that
between 6 August 1999 and 18 September 1999,
during his stay in hospital, he was not allowed to
consult his lawyer, in violation of article 14,
paragraph 3 (b), of the Covenant. Allegedly, the
Court did not allow his counsel—Mr. G.P. from the
3.9 Finally, the author claims that his rights under
article 19, paragraphs 1 and 2, of the Covenant were
violated. He contends that in April 1999, during a
Parliamentary Session on the consequences of the
Chernobyl disaster, he produced a critical report on
the effects of the event for Belarus, which was very
different from the official position of the
Government. In the author’s opinion, his criticism
was the true reason for his persecution and dismissal
from the Medical Institute.
85
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents