CCPR/C/114/D/2017/2010
2.4
Counsel further submits that, after the author’s initial apprehension, he was
prevented from contacting his mother, and the police officers did not notify his family of
his whereabouts. Counsel also submits that, during the initial interrogation, the police
officers did not provide the author with a lawyer. Later, when he finally met with a lawyer,
the author did not insist on counsel’s presence, because he could not meet with him
privately; he was heavily intoxicated with alcohol and had already been subjected to
torture.
2.5
Counsel further submits that, during the pretrial investigation, almost all actions
taken by investigators were carried out without the presence of the author’s lawyer.
Counsel submits that, under article 45 of the Criminal Procedure Code, the author was
suspected of having committed very serious crimes that could result in the imposition of the
death penalty, so he should have had a lawyer assigned and present while signing various
documents related to the pretrial investigation. Furthermore, the psychological and
psychiatric assessment of the author did not take into account many aspects of his life. The
author stated that he had been “out of control and extremely unbalanced” during the
commission of the crime, but his statements were ignored. The investigators refused his
request to carry out another expert’s examination.
2.6
Counsel submits that, during the trial, the court clearly showed its bias against the
author, in violation of article 14 (1) of the Covenant. Regarding the presumption of
innocence, enshrined in article 14 (2) of the Covenant, the court disregarded several
discrepancies in the author’s statements to the police and during the court hearings.
According to the Committee’s general comment No. 32, defendants normally should not be
handcuffed or kept in cages. Despite these requirements, the author was kept in a metal
cage during the court hearings, and the photo of him in the cage was published in the mass
media. After the verdict was announced, the author was forced to wear a special robe with
an acronym that indicated that he had been sentenced to death, even though the verdict was
not in force yet.
2.7
Counsel submits that the author was sentenced to the death penalty on the basis of
his forced confession obtained under torture and ill-treatment; such evidence should not
have been retained by the court. Counsel claims that the author’s co-defendant, who
testified against him, was also tortured by the police. In addition, the court disregarded
ample evidence that the author had been tortured to force him to confess his guilt. After the
verdict was announced, the author did not receive a copy of the verdict, in violation of
article 308, paragraph 7, of the Criminal Procedure Code.
2.8
On 14 May 2010, the Grodno Regional Court found the author guilty of three
murders, kidnapping, theft and arson. In May and June 2010, the author, acting through his
lawyer, filed cassation appeals to the Supreme Court of Belarus, claiming, inter alia, that
his rights under several articles of the Covenant were violated. On 17 September 2010, the
Supreme Court of Belarus rejected the appeal, finding that the author’s conviction was fully
supported by the evidence on file. The Supreme Court also ignored the author’s complaints
that he had been forced to confess his guilt. Counsel therefore contends that all available
domestic remedies have been exhausted.
The complaint
3.
Counsel claims that the author’s rights under articles 6; 7; 9 (1) and (3); and 14 (1),
(2) and (3) (b), (d) and (g) of the Covenant were violated by the State party, because he had
been subjected to arbitrary arrest, torture and ill-treatment after his arrest, and had been
sentenced to death after an unfair trial and found guilty of serious crimes on the basis of his
forced confessions.
4