CCPR/C/132/D/2675/2015
4.13 The author married his girlfriend on 11 November 2013, after having committed the
murder on 1 May 2013. The main motive of the crime, as established by the investigation
and the court trial, was the dispute between the author and his mother about the author’s
relationship and intended marriage. The criminal conviction of the author, and its review by
the appeals and cassation courts, was based on confessions by the author, transcripts of
conversations held in the investigation cell, witness statements, expert opinions for the court
trial and other evidence. The Supreme Court considered the criminal judgment as lawful and
substantiated. In accordance with article 31 of the Constitution, the criminal sentence of the
author was duly reviewed by the superior courts. Therefore, the claims of a violation of article
14 (5) are also unsubstantiated.
4.14 The State party concludes that the provisions of the Covenant were respected and
requests that the complaint be dismissed as manifestly unfounded.
Author’s comments on the State party’s observations
5.1
On 3 August 2016, the author submitted objections to the State party’s observations,
disputing major arguments concerning the facts and the evidence. The author focuses on
individual pieces of evidence, questioning the findings of forensic biological experts as
regards the author’s sweat and blood on the murder weapon that allegedly established a link
between the perpetrator and the victim. He recalls that the written confession produced while
he was in pretrial detention, in the presence of police officers, including the Chief of Criminal
Investigation, had been forced upon him. The author contests that he had a conflictual
relationship with his mother, pointing out that the victim’s husband had stated that the victim
was looking forward to the author’s wedding.
5.2
The author also questions the finding of the forensic medical expert that the hammer
was the murder weapon. In that context, he argues that the divergent findings of a different
medical expert were not admitted by the court, thereby violating the author’s right to a
defence. In addition, the author recalls that he did not have access to a lawyer during the first
eight days of administrative detention and that he could enjoy that right only once he had
signed the confession. Moreover, the counsel’s conversation with the author’s girlfriend was
intercepted unlawfully, as the investigators wanted to facilitate their tasks. Objections thereto
and other evidence in favour of the author were not admitted by the courts, to the author’s
detriment.
5.3
Furthermore, the author claims that the crime scene visit was also problematic, as the
investigators told the divers in which part of the canal to look for the knife that had been
thrown away after the killing. The video recording taken in the pretrial cell where he allegedly
made a self-incriminating confession was not genuine, according to the author. The
recognition of the hammer was not objective either, as some of the witnesses stated that they
were asked to recognize one of the four hammers on display, while the author insists that
there was only one hammer presented during the recognition. As to the beating by the police
officers during interrogation, it was done using a plastic bottle filled with water, precisely to
avoid leaving any traces on the author’s body. Therefore, it was not possible to demonstrate
any injuries. As regards other unlawful treatment by the police officers, he refers to his initial
submission. Finally, the author claims that his trial was neither objective nor impartial,
emphasizing that only about 1 per cent of criminal judgments absolve those convicted in the
end.
5.4
The author concludes that his communication should be considered admissible, as the
author’s right to equal treatment before the courts and the procedural guarantees in the
determination of criminal charges against him were violated. He asserts that he was unjustly
convicted and denies any guilt.
State party’s additional observations
6.1
In its submission of 24 October 2016, the State party reiterates its observations of 18
May 2016, arguing that the author’s comments of 3 August 2016 do not raise any new facts
or evidence supporting the claim that his rights were violated by either the law enforcement
or judicial authorities. It submits that the communication should be considered inadmissible
owing to non-exhaustion of domestic remedies or to be without merits.
5