the population, was overthrown by a military coup, in violation of article 25 of the Covenant. Since then, the opposition has been severely repressed. Mr. Gelbakhiani claims that he was persecuted for his political views, in particular during meetings and rallies, in violation of article 19 of the Covenant, and that a meeting of doctors, of which he was the chairman, was dispersed on 7 May 1992, in violation of article 21. In these conditions, he chose to leave the country. In this context, he also invokes article 12 (2) of the Covenant. 2.8 As regards the exhaustion of domestic remedies, Mr. Domukovsky states that he appealed to the Chairman of the Supreme Court, to the judge who was in charge of his trial, to the Chairman of the State Commission on Human Rights, to the Minister of Internal Affairs and to the Chairman of the KGB, all to no avail. The judge allegedly told him that, since his trial was not a normal one, the law could not be followed. It is stated that no appeal from the judgment of the Supreme Court is possible. 3.1 The author of the second communication (No. 624/1995), Mr. Tsiklauri is a Georgian national born in 1961 and a physicist by profession. He was arrested on 7 August 1992, while visiting his brother who was a deputy of the Supreme Council and Prefect of the Kazbegi Region before the military coup of 1991-1992. He claims that he was arrested without a warrant. A year later he was shown a warrant, charging him with preparing a coup in July 1992, possession of fire arms and explosives, high treason and obstructing investigation. He denies these charges, which he claims fall under the State amnesty of 4 August 1992. He explains that the charges originate in the struggle of the supporters of President Gamsakhurdia against the regime which took power in December 1991 -January 1992, and did not become lawful before the 1992 October elections. 4.3 He states that he had permission from the President of Azerbaijan and from the Minister of Internal Affairs to live in Baku, capital of Azerbaijan. On 6 April 1993, 30 well-armed men kidnapped him and Mr. Domukhovsky, and took them to Tbilisi, where they were physically and morally tortured, in order to extort evidence from them. He states that he spent 2 months in the detention ward, where prisoners can only be kept for 3 days. 4.4 While the case was before the Supreme Court, Mr. Shevardnadze, allegedly expressed himself in newspapers and on TV, ignoring the presumption of innocence, calling the defendants "killers" and "demanding death sentence", in violation of article 14 (2) of the Covenant. 4.5 The author also claims that there have been gross violations of the judicial code, in that only certain people were allowed to attend the trial. These people figured on a special list signed by the judge. This is said to constitute a violation of article 14 (1) of the Covenant. 3.2 Mr. Tsiklauri claims that he was put under continuous psychological and physical pressure in order to find out his contacts with the former President, Zviad Gamsakhurdia. As a result of the treatment, he sustained severe injuries, a head concussion, loss of speech and motion, broken legs, broken ribs, open bleeding wounds, and burns caused by boiling water. He claims that as a result of the tortures, he signed an admission of guilt. He substantiates his allegations by enclosing several statements of witnesses testifying to the results of the tortures. 4.6 Mr. Gelbakhiani claims that he was denied a fair trial. Several of his co-defendants did not have lawyers and were not authorised to study the case in their native language, thus hindering their defence. The author states that he did not have the possibility of studying the trial documents beforehand. Moreover, the judge assigned a lawyer for his defence, whom he had already refused. 3.3 He claims that the trial against him and his co-accused was totally unfair and violated almost all articles of the Georgian Criminal Code. More precisely, he states that he was not given a copy of the indictment, nor of the other documents relating to the charges against him. He further states that he was refused a lawyer of his choice to represent him at the hearing, that he was not allowed to call witnesses for his defence, that he was banned from attending the trial, and that as a result he could not cross examine witnesses against him and not present a defence. On 6 March 1995 he was convicted and sentenced to 5 years' imprisonment. 4.7 The trial before the Supreme Court was stopped several times without objective reasons and lasted from 5 October 1993 until 6 March 1995. 4.8 At one stage he was banned from the courtroom and was subsequently tried in his absence. The main witnesses were not questioned in court and he was only confronted with very few witnesses. He claims that during the whole interrogation, moral and physical pressure were brought to bear on him in order to make him plead guilty and "confess". 4.9 On 6 March 1995, he was sentenced to death. He claims that his death sentence is in violation of article 15 of the Covenant, since the Constitution in force at the time of the incident of which he was convicted prohibited the imposition of capital punishment. 4.1 The author of communication No. 626/1995 Mr. Gelbakhiani is a professor of medicine. A Georgian national, he was born in Tiblisi in 1962. 4.2 Mr. Gelbakhiani states that on 6 January 1992, the President of Georgia, elected by 87% of 143

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