allegation was not raised before the Donetsk regional
court and that the author made the allegation only
when he filed his application for judicial review. The
Committee notes that, in its judgement, the Supreme
Court considered the allegation and decided that it
was unfounded. The Committee recalls that it is
generally for the courts of State parties to the
Covenant, and not for the Committee, to evaluate
facts and evidence in a particular case, unless it is
apparent that the courts’ decisions are manifestly
arbitrary or amount to a denial of justice. However,
nothing in the information brought to the attention of
the Committee concerning this matter shows that the
decisions of the Ukrainian courts or the behaviour of
the competent authorities were arbitrary or amounted
to a denial of justice. This part of the communication
is therefore inadmissible under article 3 of the
Optional Protocol.
Issues and proceedings before the Committee
Decision on admissibility
6.1 Before considering any claims contained in a
communication, the Human Rights Committee must,
in accordance with rule 87 of its rules of procedure,
decide whether or not it is admissible under the
Optional Protocol to the Covenant.
6.2 The Committee has ascertained that the same
matter is not being examined under another
procedure of international investigation or settlement
for purposes of article 5, paragraph 2 (a), of the
Optional Protocol.
6.3 The Committee notes that the author filed an
appeal with the Supreme Court of Ukraine, which
confirmed the decision of the inferior court, and that
the State party has not argued that the author has not
exhausted domestic remedies. The Committee
therefore considers that the author has met the
requirements of article 5, paragraph 2 (b), of the
Optional Protocol.
6.7 With regard to the author’s allegations that he
was denied a fair trial because the brother of one of
the deceased was chief of the police station where he
underwent his first interrogations, the Committee
notes, first, that nothing in the documents before it
leads it to conclude that these allegations were
brought before the competent national authorities.
Secondly, with regard to the author’s claim that the
charges against him were inconsistent, that the
presentation of the facts by the police and the public
prosecutor were biased, that the court only heard
witnesses for the prosecution, and that the judges
were obviously biased, the Committee considers that
these allegations have not been sufficiently
substantiated for the purposes of admissibility.
Consequently, the Committee declares this part of
the communication inadmissible under article 2 of
the Optional Protocol.
6.4 With regard to the author’s allegation that
during their detention he and his wife were subjected
to inhuman treatment by police officers in order to
force them to testify against themselves, the
Committee notes that the author submitted the
communication on his own behalf, without indicating
that he had been authorized to act on his wife’s behalf
and without explaining whether or not his wife was
able to submit her own complaint. Pursuant to
paragraph 1 of the Optional Protocol and rule 90 (b)
of its rules of procedure, the Committee decides that it
will consider only the author’s complaint.
6.5 With regard to the author’s allegation that the
court sentenced him to death without taking account
of the fact that articles 3 and 28 of the Ukrainian
Constitution of 1996 had abolished capital
punishment, the Committee notes that it was only as
a consequence of the Constitutional Court’s decision
of 29 December 1999 and the Parliament’s
amendment of the Criminal Code and the Code of
Criminal Procedure on 22 February 2000 that the
State party abolished capital punishment, that is,
after a final decision had been taken in the case. The
Committee therefore considers that, for the purposes
of admissibility, the author has not substantiated his
allegation that the imposition of the death sentence
in 1997 took place after the State party had abolished
capital punishment. This part of the communication
is therefore inadmissible under article 2 of the
Optional Protocol.
6.8 The author has also alleged that his case
record was tampered with in order to conceal
procedural errors; the Committee notes that the
author has not indicated whether or not he presented
these allegations to the competent national
authorities. Moreover, he has not maintained that his
case record was falsified. The Committee is
therefore of the view that this allegation has not been
substantiated for the purposes of admissibility and is
inadmissible under article 2 of the Optional Protocol.
6.9 With regard to the author’s allegation that his
application for judicial review had been illegally
rejected by the regional court, the Committee notes
that the Supreme Court of Ukraine considered his
appeal and confirmed the decision of the regional
court on 17 July 1997, and that a copy of the
decision has been furnished by the State party.
Without any other relevant information concerning
the examination of the author’s application for
judicial review, the Committee is of the view that
this part of the communication is inadmissible under
article 2 of the Optional Protocol.
6.6 The Committee notes that the author states,
concerning his allegations of ill-treatment and
torture, that on 31 January 1997 he complained to a
procurator who advised him to make his allegations
during the trial. The State party claims that this
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