political situation in the country, and that he delayed the trial in the beginning for political reasons. According to counsel, it could never be in the interests of the accused to delay the trial. points out that in the records of the interrogation of 12 April 1993, it is stated that it was explained to him that he had the right to testify in his mother tongue and to have the services of an interpreter. He was then made to sign a statement in which he said that he spoke the Georgian language well, and that he needed an interpreter. According to counsel, the interrogators were so happy that he had filled out that he spoke the language well, that they overlooked that he had failed to put down the word 'not' with regard to the need for an interpreter. In this context, counsel also points out that Mr. Domukovsky always tried to sign in both Georgian and Russian, by way of protest. Counsel states that his lawyer at the preliminary investigations was Georgian of origin and thus had no problem reading the file. 11.11 It is stated that, for reasons independent of him, Mr. Domukovsky found himself without lawyer on 6 June 1994. He was given ten days to find himself a new lawyer, but after eight days already the judge assigned a lawyer to him. When he asked whether Mr. Domukovsky approved, he said that he could not say since he didn't know him. Counsel denies the affirmation of the State party that Domukovsky agreed to the appointment of this lawyer. It is stated that the lawyer visited Mr. Domukovsky only twice, and that on both occasions he was drunk. On 15 August, Mr. Domukovsky then informed the judge that he could not approve of him as his lawyer if he would not visit him more often to get acquainted with the case. The lawyer not having visited him, Mr. Domukovsky then withdrew his approval. Counsel states that Mr. Domkukovsky's wife was unlawfully removed as his legal representative by the judge on 12 September 1994, because she demanded a medical examination. On 13 September 1994, Mr. Domukovsky was excluded from attending the hearing. On 19 September, Mr. Domukovsky appointed a new counsel, who had followed the trial from the beginning as representative of one of the other accused. However, the judge refused to accept his appointment and on 24 September 1994 decided that Domukovsky would stay without a defense lawyer. 11.7 With regard to access to the files, counsel explains that in the beginning it was not clear to Mr. Domukovsky that he would be judged with 18 others, and moreover, the trial in the Kvareli case was not yet over. Counsel explains that Mr. Domukovsky was also charged in the Kvareli case, and that in that case all accused had disavowed their statements made during the preliminary hearings. According to counsel, the accused' statements made in public session of the court, were not made available to Mr. Domukovsky nor to his lawyer. Counsel confirms that Mr. Domukovsky had knowledge of the files as from 13 October, but states that he went on hunger strike between 18 and 25 November in order to get access to the main case. 11.8 Concerning the access to his legal representatives, counsel states that this right was severely limited, while he was held first in preventive detention and then in the KGB prison, and that during that period his counsel could not visit him without the procurator being present. 11.12 Counsel maintains that president Shevarnadze has influenced the courts in a newspaper interview on 29 November, in which he said that the accused had committed acts of terrorism. Moreover, it is stated that the judge had ordered to make lists of everyone who attended the trial. The political character of the trial is also borne out, according to counsel, by the judgement in the case, where it is said that the representatives of the old power and enemies of the present power organised armed troops to commit crimes against the State. Counsel maintains that there was not enough evidence to convict Domukovsky for banditry. 11.9 Counsel denies that Mr. Domukovsky has disrupted the trial proceedings, but states that he participated in passive protest by turning his back to the judge. Counsel submits that there was no other way to show his disagreement with the trial, since no statement had been accepted by the judge. Counsel explains that when Mr. Domukovsky jumped over the barrier, he had been provoked by the vulgar words of the judge. Besides, he was not removed at that time. Counsel states that the judge did not let the accused return to the court room out of his free will, but that he was forced to do so by a hunger strike of 64 days, from 13 January to 17 March 1994. Counsel states that Mr. Domukovsky still suffers from health consequences of the hunger strike. 11.13 Concerning the judicial review, counsel seems to suggest that Mr. Domukovsky still has not received a reply on his request for review by the Supreme Court. The case of Mr. Tsiklauri 11.10 On 13 September 1994, Mr. Domukovsky was once more excluded from the trial, when he questioned the removal of his lawyer. In this context, counsel explains that the judge was influenced by the 12.1 The State party explains that Mr. Tsiklauri was convicted of illegally carrying fire arms and storing explosives. He was sentenced to five years' imprisonment. 147

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