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
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