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any person who might have been involved therein. In the present case, the Committee notes that,
despite the participation of at least several hundred non-Roma in the events of 15 April 1995 and
the presence of a number of police officers both at the time and at the scene of those events, no
person nor any member of the police forces has been tried by the courts of the State party. In
these circumstances, the Committee is of the view that the investigation conducted by the
authorities of the State party did not satisfy the requirements of article 12 of the Convention.
9.5
Concerning the alleged violation of article 13 of the Convention, the Committee
considers that the absence of an investigation as described in the previous paragraph also
constitutes a violation of article 13 of the Convention. Moreover, the Committee is of the view
that the State party’s failure to inform the complainants of the results of the investigation by,
inter alia, not serving on them the decision to discontinue the investigation, effectively prevented
them from assuming “private prosecution” of their case. In the circumstances, the Committee
finds that this constitutes a further violation of article 13 of the Convention.
9.6
Concerning the alleged violation of article 14 of the Convention, the Committee notes
that the scope of application of the said provision only refers to torture in the sense of article 1 of
the Convention and does not cover other forms of ill-treatment. Moreover, article 16,
paragraph 1, of the Convention while specifically referring to articles 10, 11, 12, and 13, does not
mention article 14 of the Convention. Nevertheless, article 14 of the Convention does not mean
that the State party is not obliged to grant redress and fair and adequate compensation to the
victim of an act in breach of article 16 of the Convention. The positive obligations that flow
from the first sentence of article 16 of the Convention include an obligation to grant redress and
compensate the victims of an act in breach of that provision. The Committee is therefore of the
view that the State party has failed to observe its obligations under article 16 of the Convention
by failing to enable the complainants to obtain redress and to provide them with fair and
adequate compensation.
10.
The Committee, acting under article 22, paragraph 7, of the Convention, is of the view
that the facts before it disclose a violation of articles 16, paragraph 1, 12 and 13 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
11.
In pursuance of rule 111, paragraph 5, of its rules of procedure, the Committee urges the
State party to conduct a proper investigation into the facts that occurred on 15 April 1995,
prosecute and punish the persons responsible for those acts and provide the complainants with
redress, including fair and adequate compensation and to inform it, within 90 days from the date
of the transmittal of this decision, of the steps it has taken in response to the views expressed
above.
Notes
1
See Assenov v. Bulgaria, Judgement of 28 October 1998, paras. 102, 117; Aksoy v. Turkey,
Judgement of 18 December 1996; Aydin v. Turkey, Judgement of 29 September 1997;
X and Y v. The Netherlands, 8 EHRR 235 (1985), paras. 21-30.