his immunity. Counsel argues that Mr. Domukovsky's arrest was thus in violation of article 25 of the Covenant. they turned their backs to the court, resisted the military guards, fled from the courtroom to the cells and whistled. On one occasion, Mr. Domukovsky jumped over the bar into the courtroom and grabbed a guard's automatic weapon. The State party concludes that this was sufficient reason for the Court to continue the examination of the case in the absence of the defendants, as permitted under article 262 of the Georgian Code of Criminal Procedure. The State party points out that the court allowed the defendants back in after a period of time, but they continued disrupting the procedures, following which they were again removed. 11.3 With regard to the beatings and psychological pressure to which Mr. Domukovsky and other accused were subjected, counsel argues that it was not possible to make any written statements, because this would not have been allowed, because these statements would have to be addressed to officials involved in the beatings, and because the accused were worried about their families and tried to protect them by keeping silent. Counsel maintains that Mr. Domukovsky was kept in preventive detention from 7 April to 28 May 1993, whereas such detention is only lawful for three days. He was kept in complete isolation and could not see his lawyer. Only after he began a hunger strike on 25 May, was he transferred to a detention block, on 28 May 1993, in a KGB prison. He was put under constant psychological and physical pressure and they threatened to detain his family. He finally consented to plead guilty in the Kvareli case, if they would prove to him that his family was alive and well. Counsel further submits that it is an old trick to make the accused deny certain charges to make the records of interrogation more believable. 10.12 The State party rejects the suggestion by Mr. Domukovsky that the courts in Georgia are not independent and states that they are subordinate to the law alone. It further rejects his claim that he was convicted for his political opinions and emphasizes that he was convicted for having committed criminal offences. 10.13 The State party explains that serious criminal cases, in which the death penalty can be imposed, are under Georgian legislation judged by the Supreme Court. The sentences pronounced by the Supreme Court are not subject to appeal by cassation, but the law provides for a judicial review. Upon review, the conviction and sentence of Mr. Domukovsky and his codefendants was found to be lawful and legitimate. 11.4 With regard to the incident of 13 August 1995, counsel submits that many of those present in court on 15 August had seen that Mr. Domukovsky had been beaten. According to counsel, a journalist made a video, but a day later he said that he didn't have it. Counsel further states that the judge was initially unwilling to order a medical examination and that it was thanks to Mr. Domukovsky's wife, who at that time acted as his legal counsel, that a medical examination was finally held on 15 August 1995. According to counsel, the examination showed haematomas on the elbow and right shoulder and apparently he should have been prescribed bed rest for ten days because of a concussion. According to counsel, however, the latter was not mentioned in the medical report. 11.1 In his comments on the State party's submission, counsel for Mr. Domukovsky states that he requested the Ministry of Internal Affairs in Azerbaijan whether they had any trace of an authorisation for the arrest and detention of Mr. Domukovsky and Mr. Gelbakhiani. He joins the reply from the Ministry, dated 7 July 1995, in which the chief of the department of criminal prosecution states that he does not know about the case. Counsel argues that if it were true that Mr. Domukovsky and Mr. Gelbakhiani were arrested on the basis of a bilateral agreement between Azerbaijan and Georgia, it would be logical that the Azerbaijan ministry would have records of such an undertaking. In the absence of such record, counsel argues that Mr. Domukovsky and Mr. Gelbakhiani were arrested in violation of article 9 of the Covenant. 11.5 Counsel points out that the State party did not address the second incident of 11 December 1994. Counsel refers to an incident (date of which unclear) when the judge spoke to the doctors before and after they examined Mr. Domukovsky, and when they took a cardiogram, apparently with the left electrode not well attached. According to counsel they found rests of the symptoms of the disease of Babinski. Counsel reiterates that the accused had no way of protesting but that they tried nevertheless. 11.2 Counsel maintains that Mr. Domukovsky's arrest was in violation of his parliamentary immunity. He denies that the elections of 11 October 1992 were free and democratic. He further states that, even if the elections were accepted as lawful, the arrest warrant against Mr. Domukovsky was issued before the elections took place, on 30 September 1992, and that in those circumstances it was unlawful to issue the warrant without the agreement of the Supreme Soviet to lift 11.6 Counsel states that he is in possession of certificates which attest that Mr. Domukovsky finished his studies at the university of Tbilisi in Russian, and that he conducted research at the Science Academy of Georgia, also in Russian. He 146