the Supreme Court but a review of the judgement is dependent on the discretion of the chairman of the Supreme Court or of the Division of Criminal Cases of the Supreme Court. All attempts to bring such an application have failed. 4.3 At the time of the sentence, a two-tier court system - local courts and the Supreme Court - was in force in the State party. Both courts could function as first instance courts and, in accordance with the Code of Criminal Procedure valid at that time, there were two types of appeal possible: 3.2 The author alleges a violation of article 14, paragraph 1, of the Covenant because the prosecution allegedly failed to prove that the author had a motive and an intention to commit the offence and the Court failed to refer to this aspect of the offence in the written judgement. According to the author, it was therefore unlawful to convict him of "premeditated murder".2 The author also contends that the prosecution failed to prove a causal link between the blows allegedly struck by the author and the death of the victim. According to the author, the court failed to ascertain the actual cause of death. His conviction and the hearing would therefore be unfair. – Court sentences that were not yet in force could be appealed in cassation to the Supreme Court within seven days after the announcement of the sentence. Nevertheless, sentences of the Supreme Court taken in first instance were final and not susceptible to appeal in cassation. – Sentences of local courts and of the Supreme Court could, after having come into force, be challenged by "supervisory protest" within one year of the coming into force. Only the Chairperson of the Supreme Court, the Prosecutor-General and their deputies had a right of submission of this "supervisory protest". A sentenced person or his counsel only had the right to address these persons with a request that they submit a "supervisory protest". If such a request was made, the "Presidium" of the Supreme Court would hear the case and decide whether to dismiss the protest, dismiss the criminal case and acquit the person, return the case to the first instance, or take another decision. 3.3 Finally, the author alleges a violation of article 14, paragraph 3 (g), of the Covenant because he was forced to admit, during the preliminary investigation, that he had struck the victim twice. The author later testified that he had not struck the victim, that it was the co-defendant who stabbed him and that he had helped the co-defendant to dispose of the body. The author alleges that he was threatened, beaten and deceived into giving a confession by the investigator, Mr. Degsnys, and that his mother, who had an intimate relationship with the latter, was used as a means to secure this confession. According to the author, the investigator deceived his mother, by persuading her to write to the author and encourage him to admit to having struck the victim so as to avoid the death penalty. 4.4 This procedure was applicable until 1 January 1995. Nevertheless, in the present case, neither the author, nor his counsel made a request for the submission of a "supervisory protest" after the sentence came into force for the author. 4.5 On 1 January 1995, several new laws reforming the domestic procedure came into force: – The law of 31 May 1994 ("the new Law on Courts"), which came into force on 1 January 1995, replaced the two-tier court system by a four-tier court system (district and county courts, Court of appeals, Supreme Court). State party's admissibility and merits submission 4.1 By submissions of 21 December 1998, the State party made its observations on the admissibility and merits of the communication. – The law of 15 June 1994, which came into force on 1 July 1994, provided for the order of entering into force of the new "Law on Courts" and determined the "transitional" competence of the Lithuanian Courts. 4.2 On the alleged violation of article 14, paragraph 5, of the Covenant, the State party gives an explanation on the possibilities of appeal in the domestic procedure, because the system was reformed a few months after the author was convicted. – The law of 17 November 1994 provided for new orders of appeals for sentences not yet in force and of cassation for sentences which came into force. 4.6 According to the law of 15 June 1994, the Supreme Court, as of 1 January 1995, hears cassation motions of all decisions taken by the Supreme Court in first instance. A sentenced person or his counsel have thus the right to address the Chairperson of the Supreme Court, the Chairpersons of the county courts or the chairpersons of the division of criminal cases of the above courts to 2 According to the judgement of the Supreme Court of 4 May 1994, the "injuries [inflicted on the victim caused intense] pain and the defendants could understand it. The defendants [inflicted] the injuries deliberately and they wanted to do it. They did the crime of malice prepense and thus their actions are qualified justly pursuant to Lithuanian Republic [Criminal Code] article 105 (5) cruel premeditated murder". 102

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