CCPR/C/132/D/2675/2015 subjected to criminal procedures are treated humanely; and (e) prevent similar violations from occurring in the future. State party’s observations on the merits 4.1 On 18 May 2016, the State party submitted its observations on the merits of the communication. 4.2 The Attorney-General’s Office referred to the author’s sentence of 10 years of imprisonment for the murder of his mother. The author was also sentenced to a fine of 181,000 tenge,3 which he had to pay to the victim as compensation for material damages, and a fine of 18,100 tenge,4 which he had to pay to the State. 4.3 The fines were imposed by the appeals chamber of the Mangystau Regional Court on 27 November 2013 when reviewing the first instance judgment; the Court upheld the rest of the criminal sentence. On 12 February 2014, the cassation chamber of the Mangystau Regional Court dismissed the cassation appeals submitted by the author. On 9 July 2014, the Supervisory Review Panel for Criminal Affairs of the Supreme Court refused the author’s application for supervisory review. 4.4 Regarding the facts, the State party submits that the author had been in a relationship with his girlfriend since April 2011 and that they wished to get married. The author’s mother, however, was against the marriage. The author’s dispute with his mother served as the motive for the author’s crime. On 1 May 2013, between 11 a.m. and noon, the author equipped himself with a hammer and went to visit his mother at work, at a wastewater treatment plant owned by Kazatomprom. They argued again about the planned wedding. The author started hitting his mother with the hammer on the head, with the intention of killing her. When she fell to the ground, he stabbed her with a knife in the neck, chest, legs and arms. As a result of those injuries, she passed away at the site. 4.5 The author fled the scene, throwing the hammer into the reeds and the victim’s bag and the knife into a drainage canal. The author’s guilt was established through witness statements, forensic and material evidence, analyses of his mobile telephone calls, legal expertise and other means. On 2 May 2013, a piece of white tulle and a hammer with dark brown spots and hair fragments on them were found at the crime scene and in the reeds. According to forensic biology experts, the blood stains and hair belonged to the victim and the sweat on the hammer belonged to the author. According to the forensic medical experts, the victim’s death was caused by bruises to and crushing of the brain, in conjunction with repeated fractures of the cranial vault and severe damage to several organs as a consequence of numerous stabbings. On 13 May 2013, the author was placed in pretrial detention in the city of Aktau. While in custody, the author wrote a confession admitting to the crime and indicating where he had thrown the bag and the knife used in the murder. During the crime scene visit on 14 May 2013, held in the presence of the author, a black bag was found and seized from the drainage canal. The bag contained the victim’s belongings, as identified by her spouse and colleagues. A knife, the handle of which was wrapped in blue tape, was also found. 4.6 One witness, who was a colleague of the author, recognized the hammer used in the murder as belonging to a certain garage. Two other witnesses stated that, on 1 May 2013, when they were driving back from the seaside, they saw the author next to the drainage canal, walking towards the city, and offered to take him there; they confirmed their initial testimonies during the cross-examination with the author. Three other witnesses submitted, during the court trial, that the author had recounted to them, while in custody, the circumstances of the murder of his mother. 4.7 The State party requests that the author’s allegations that his rights were violated while the courts were establishing his criminal liability be dismissed as unfounded. The author’s objections that the findings presented by the forensic medical expert to the court, according to which the hammer was the murder weapon, do not correspond to reality. The expert did 3 4 Approximately 362 euros. Approximately 36 euros. 3

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