reveal any violation of the author’s rights under
article 10, paragraph 2.
arrest), he was deprived of the possibility to defend
himself properly, in violation of article 14, paragraph
3 (a), of the Covenant. He also claimed that in
violation of article 14, paragraph 3 (b), he was not
allowed to see his lawyer between 6 August 1999
and 18 September 1999, during his stay in hospital.
The State party refutes these allegations and argues
that he was always assisted by a lawyer, and was
informed both by the investigators and in court of his
procedural defence guarantees. On the basis of the
material before it, the Committee considers that
there has been no violation of article 14, paragraph 3
(a) and (b).
10.8 The author has further claimed that the State
party’s courts are not independent because judges
are nominated by the President. The State party has
not commented on this. In the absence of further
relevant information from the author to the effect
that he was personally affected by the alleged lack of
independence of the courts that tried him, however,
the Committee considers that the facts before it do
not disclose a violation of article, 14, paragraph 1,
on this count.
10.9 The author alleges, again in general terms, a
violation of article 14, paragraph 1, in that his guilt
was not proven in court, that the court proceedings
were biased, incomplete, and that the court
considered only the arguments of the prosecution,
and that the judgement was based only on Ravkov’s
deposition that the latter retracted in court. The State
party replies, in detail, that the court had considered
Ravkov’s retraction as a defence strategy, and that
the author’s guilt was established by several other
testimonies and other evidence. The Committee
notes that the above claims relate primarily to the
evaluation of facts and evidence. It recalls its
jurisprudence that it is generally for the courts of
States parties to the Covenant to evaluate facts and
evidence in a particular case, unless it can be
ascertained that it was clearly arbitrary or amounted
to a denial of justice.6 The Committee considers that
the material before it do not reveal that the author’s
trial had suffered from such defects, and the
Committee considers that the facts before it do not
disclose a violation of the author’s rights under
article 14, paragraph 1.
10.12 As to the author’s claim under article 14,
paragraph 3 (d), that on two occasions the Supreme
Court rejected his request to be represented by G.P.,
a member of the Belarusian Helsinki Committee, the
Committee notes the State party’s objection that the
author was represented by another lawyer, and that
G.P. had asked to represent him only in his quality
as NGO representative, and that also he had no
Belarusian lawyer’s licence. The author has replied
that G.P. was a member of the Moscow Bar
Association and could have practised in Belarus
under a specific CIS Agreement. He has however not
challenged the State party’s claim that he had
requested this lawyer to participate in the trial not as
his own representative but as a NGO representative.
In the circumstances, the Committee concludes that
there has been no violation of article 14, paragraph 3
(d), in relation to this allegation.
10.13 The author has claimed that his sentence was
not susceptible of cassation appeal and became
executory immediately. The State party affirms that
the case was examined by the Supreme Court under
a supervisory procedure which reviewed the first
instance judgement, and that if the Supreme Court
had detected violations of the law, the judgement
would have been cancelled. The Committee notes,
however, that the judgement stipulates that it could
not be reviewed by a higher tribunal. The
supervisory review invoked by the State party only
applies to already executory decisions and thus
constitutes an extraordinary mean of appeal which is
dependent on the discretionary power of judge or
prosecutor. When such review takes place, it is
limited to issues of law only and does not permit any
review of facts and evidence. The Committee recalls
that even if a system of appeal may not be automatic,
the right to appeal within the meaning of article 14,
paragraph 5, imposes on States parties a duty
substantially to review conviction and sentence, both
as to sufficiency of the evidence and of the law.7 In
10.10 Further in relation to article 14, the author
claims that he was sentenced by the Military
Chamber of the Supreme Court which was sitting in
an unlawful composition, as pursuant to a decision
of the Supreme Council of Belarus of 7 June 1996,
people’s jurors (assessors) in military courts must be
in active military service, whereas in his case, only
the presiding judge was a member of the military but
not the jurors. The State party has not refuted this
allegation and merely stated that the trial did not
suffer from any procedural defect. The Committee
considers that the unchallenged fact that the court
that tried the author was improperly constituted
means that the court was not established by law,
within the meaning of article 14, paragraph 1, and
thus finds a violation of this provision on this count.
10.11 The author has claimed that since he was
charged only on 5 August 1999 (23 days after his
7
See Aliboev v. Tajikistan, communication No. 985/2001,
Views adopted on 18 October 2005; Khalilov v.
Tajikistan, communication No. 973/2001, Views adopted
on 30 March 2005, Domukovsky et al. v. Georgia,
communications No. 623-627/1995, Views adopted on 6
6
See communication No. 541/1993, Errol Simms v.
Jamaica, Inadmissibility decision adopted on 3 April
1995, para. 6.2.
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