State party’s observations on admissibility
6.2 For the State party, the author’s arrest was
carried out with the agreement (“sanction”) of a
prosecutor and at the moment of arrest, the author
was informed of the reasons and grounds for his
arrest. His arrest is said to be grounded on and made
in accordance with Presidential Decree of 21
October 1997; the Decree was applied in his case as
it applies not only to suspects of “terrorism and other
particularly dangerous violent crimes”, but also to
individuals who “lead a criminal organization, an
organized criminal gang, or belong to it”. The State
party adds that in the light of Ravkov’s deposition,
the existence of an organized criminal group could
not be excluded by the investigators.
4.
By submission of 17 September 2002, the
State party argued that the communication should be
declared inadmissible, because “the same matter”
was already registered and was being examined by
another international body of settlement, i.e., the
United Nations Educational, Scientific and Cultural
Organization (UNESCO), under the individual
complaints procedure before the Executive Board’s
Committee on Conventions and Recommendations
of UNESCO. The author presented no comments in
this regard.
Committee’s admissibility decision
5.
On 7 July 2003, at its seventy-eighth session,
the Committee examined the admissibility of the
communication. It noted the State party’s challenge
to admissibility, and considered that the complaints
procedure before the Executive Board’s Committee
on Conventions and Recommendations of UNESCO
is extra-conventional, without any obligation of the
State party concerned to cooperate with it; that no
conclusion of violation or non-violation of specific
rights by a given State is made in the examination of
individual cases; and that such an examination
ultimately does not lead to any authoritative
determination of the merits of a particular case. The
Committee concluded that the UNESCO complaints
procedure does not constitute another “procedure of
international investigation or settlement” in the sense
of article 5, paragraph 2 (a), of the Optional Protocol,
and having also noted the author’s statement that
domestic remedies were exhausted, declared the
communication admissible.
6.3 From the criminal case file, it transpires that
the author led a group set up with Ravkov and other
individual. Under the provisions of the abovementioned Decree, and after a verification of the
facts by the preliminary investigation, and within the
statutory 30-day delay, the author was served his
indictment for bribery. His detention was extended
with the approval of a prosecutor.
6.4 The State party explains that the author’s
detention was lawful, as he was charged with a
serious crime, and that article 126 of the Criminal
Procedure Code provides that in relation to those
accused of having committed serious offences,
preventive detention is justified by reference to the
nature of the crime. In addition, the investigators had
information that the author had exerted pressure on
witnesses in the case, on subordinates at his Institute,
thus obstructing the conduct of the investigation.
The author was released in light of his health, after
he signed a declaration that he would not leave the
country, and was also allowed to continue his work.
On 10 June 2001, however, he was arrested with a
forged passport, when attempting illegally to cross
the border to Ukraine.
State party’s observations on the merits
6.1 By note verbale of 20 January 2004, the State
party notes that the author was found guilty of being,
in his personal and official capacity, a member of a
group that had conspired to receive bribes in large
amounts.1 He was arrested on 13 July 1999 on the
basis of a written statement of 12 July 1999 of his
colleague Ravkov to the Gomel Regional Prosecutor,
in which the latter voluntarily informed the
prosecutor about the bribes he received for the
admission of new students to the Institute. Ravkov
had described, in detail, dates and names of persons
from whom he received bribes that he transmitted to
the author, the exact amounts received, and the
functioning of the group. He had affirmed in writing
that his confessions were made under no constraint,
and that he was informed of his criminal
responsibility in case of giving false information
against the author.
6.5 The State party argues that during the
investigation, the author received the necessary
medical care. On 13 August 1999, his chronic illness
intensified and he was treated at the Hospital of the
Committee on the Execution of Penalties. On 13
December 1999, he was admitted for an examination
in the National Cardiology Research Institute. He
continued to receive the required medical care in the
prison colony to which he was transferred.
According to information provided by the
Committee on the Execution of Penalties on 28
February 2003, the author had not requested medical
assistance since September 2002 and visited the
colony’s medical unit only at the doctors’ request.
His mental and physical health is said to be
satisfactory. No requests for detailed examination of
his health were received from him, his lawyer or
relatives.
1
I.e., for the crime prescribed by article 430 (2) of the
Criminal Code of Belarus article 430 (2) of the Belarusian
Criminal Code: receipt of bribes.
86
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