CCPR/C/127/D/2719/2016 merits. On 1 July 2016, the Committee, acting through its Special Rapporteur on new communications and interim measures, decided to refuse the State party’s request. The facts as presented by the author 2.1 The author worked as a medical assistant in emergency unit associated with Vilnius University emergency hospital. On 23 October 2009, the author, who was on duty, was in an ambulance that was called to a woman who was drunk. That same night, the woman, referred to below as the victim in the criminal case brought against the author, filed a criminal report with the police claiming that two men, including the author, had had sexual intercourse with her in the ambulance against her will, taking advantage of her helpless condition. Subsequently, criminal proceedings were initiated against the alleged perpetrators on the suspicion of having committed rape, theft and other crimes under the Criminal Code of Lithuania. 2.2 On 15 December 2010, the author was convicted of rape, theft and other offences by Vilnius District Court. The author was sentenced to seven years’ imprisonment. On 27 June 2011, Vilnius Regional Court upheld the judgment of the court of first instance. The trial was widely followed by the public through extensive media coverage. The author was kept in a metal cage in the courtroom throughout the criminal proceedings and journalists were able to take pictures of him in handcuffs. Moreover, his name and photographs of him were published on the Internet in connection with the criminal case and, as a result, he received numerous threats from anonymous individuals. 2.3 On 23 January 2012, the Supreme Court of Lithuania slightly modified the decisions of the courts of lower instance as to the theft charge and reduced the author’s sentence to six years’ imprisonment. In relation to the author’s claim that he was precluded from crossexamining the victim in breach of the Code of Criminal Procedure, the Supreme Court held that, considering that the victim was heard on several occasions during the pretrial investigation phase and before the court of first instance and since the author had also had the opportunity to pose questions to the victim at the trial, the lower courts’ dismissal of the author’s motions was reasonable.1 2.4 The author was released on parole in August 2015. The complaint 3.1 The author, citing article 14 (3) (e) of the Covenant, alleges that at no stage of the domestic proceedings was he provided with an opportunity to examine the victim in the criminal case. He accepts having examined the witness once at a court hearing but submits that this was not a real and effective opportunity for cross-examination given that at the time he did not have access to the pretrial investigation documents. In his view, questioning the victim would have been important as she was the only witness attesting to the charges against him and thus his right to an efficient defence was breached. The author submits that the following issues would have been of key importance and would have been raised had he been given the chance to re-examine the witness testifying against him: (a) the victim was intoxicated by alcohol and her statement was not wholly reliable; (b) during the pretrial investigation phase, the victim stated that the author was wearing a doctor’s smock while the author asserts that he was wearing a red emergency uniform; (c) the victim stated that the author had injected a substance into her veins and that, as a consequence, she had lost her ability to move while the author alleges that no needle traces were detected on the victim’s body and no traces of diazepam or any other similar substance were found in her urine; (d) the victim stated that although she could not move after the injection she could see the author committing the offence while the author claims that in order to see the rape the victim had to remove the oxygen mask; and (e) the victim was the only witness stating that the crime against her had been committed in a group, 2 which would aggravate the charges against him and increase the length of his prison term. Therefore, the author argues 1 2 2 The author provided only two translated paragraphs of the Supreme Court’s decision. He did not submit any other supporting documents except for photographs of him published on the Internet. That is, the perpetrators coordinated their actions instead of acting in a chaotic manner.

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