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CCPR/C/82/D/851/1999

Vladimir S. Zhurin v. Russian Federation

CCPR · 2 November 2004 · State party: Russian Federation · Outcome: inadmissible · 5 paragraphs

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¶18.

October – 5 November 2004

The facts as submitted by the author

¶2.

The author notes that his son was sentenced to death on 12 January 1990 for premeditated murder involving the use of violence, a premeditated murder in order to hide another crime, and for robbery involving the use of violence. The Supreme Court of the Russian Socialist Federative Soviet Republic (RSFSR) upheld the sentence on 11 May 1990. He was found guilty, with four other persons (including his brother E. Zhurin) of having committed different crimes including murders in Russia and the then Uzbek Soviet Socialist Republic between 1984 and 1988.

State party’s observations on admissibility and merits

¶4.3.

According to the State party, the circumstances of the case were examined fully, thoroughly, and objectively. There were no breaches of criminal or procedural law that would lead to an overturn of the conviction. The issue of Mr. Zhurin’s mental state was also investigated thoroughly, including through an in-patient psychiatric test, which concluded that he was of sound mind. According to the State party, the evidence was properly assessed, and Mr. Zhurin’s punishment was imposed in accordance with the law in force at the time the offences were committed.

Author’s comments

¶5.

On 21 July 2000, the author merely reiterated his initial claims and dismissed the State party’s submission as incorrect.

Issues before the Committee

¶7.

The Human Rights Committee therefore decides: (a) That the communication is inadmissible pursuant article 1 of the Optional Protocol;