Views: Communication No. 1405/2005 (CCPR/C/110/D/1405/2005). State party: Ukraine

Key paragraph(s) can be found below the document.


9.3 The Committee notes that the State party has not specifically addressed these allegations and has failed to demonstrate that the measures imposed on the author were consistent with articles 7, 14 (1) and 14 (3) (b) of the Covenant. In particular, it failed to demonstrate that placing the author in a metal cage during the public trial at the Supreme Court, with his hands handcuffed behind his back, was necessary for the purpose of security or the administration of justice, and that no alternative arrangements could have been made consistent with the human dignity of the author and with the need to avoid presenting him to the court in a manner indicating that he was a dangerous criminal. The State party also failed to demonstrate that handcuffing the author while he was studying the trial transcript [in the SIZO] or during the examination of his appeal by the Supreme Court was consistent with his right to have adequate facilities for the preparation of his defence. Accordingly, and in the absence of other pertinent information on file, the Committee concludes that the facts as presented reveal a violation of the author’s rights under article 7 of the Covenant, on account of the degrading treatment inflicted on him during the trial; a violation of his rights under article 14 (3) (b) of the Covenant, on account of the interference with the preparation of his defence; and a violation of his rights under article 7 in conjunction with article 14 (1) of the Covenant, on account of the degrading treatment which affected the fairness of his trial.


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