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
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