CAT/C/29/D/161/2000 page 8 3.8 The complainants further contend that the acts of violence occurred with the “consent or acquiescence” of the police whose duty under the law was to secure their safety and afford them protection. 3.9 The complainants then allege a violation of article 12 read alone or, if the acts committed do not amount to torture, taken together with article 16, paragraph 1 because the authorities failed to conduct a prompt, impartial, and comprehensive investigation capable of leading to the identification and punishment of those responsible. Considering the jurisprudence of the Committee against Torture, it is submitted that the State party had the obligation to conduct “not just any investigation” but a proper investigation, even in the absence of the formal submission of a complaint, since they were in possession of abundant evidence.2 The complainants further suggest that the impartiality of the same investigation depends on the level of independence of the body conducting it. In this case, it is alleged that the level of independence of the investigative magistrate was not sufficient. 3.10 The complainants finally allege a violation of article 13 read alone and/or taken together with article 16, paragraph 1, because “their right to complain and to have [their] case promptly and impartially examined by [the] competent authorities” was violated. They also allege a violation of article 14 read alone and/or taken together with article 16, paragraph 1, because of the absence of redress and of fair and adequate compensation. State party’s observations on admissibility 4. In a submission dated 9 November 1998, the State party contended that the complaint was inadmissible because the case had been conducted according to the Yugoslavian legislation and because all available legal remedies had not been exhausted. Comments by the complainants 5. In a submission dated 20 September 2000, the complainants reiterated their main arguments with regard to the admissibility of the complaint and underlined that the State party had not explained what domestic remedies would still be available which the complainants should still exhaust. In addition, they consider that since the State party has failed to put forward any other objections in that respect, it has in effect waived its right to contest other admissibility criteria. Decision on admissibility 6. At its twenty-fifth session, the Committee considered the admissibility of the complaint. The Committee ascertained, as it is required to do under article 22, paragraph 5 (a) of the Convention, that the same matter had not been and was not being examined under another procedure of international investigation or settlement. Regarding the exhaustion of domestic remedies, the Committee took note of the arguments made by the complainants and noted that it had not received any argumentation or information from the State party on this issue. Referring to rule 108, paragraph 7 of its Rules of Procedure, the Committee declared the complaint admissible on 23 November 2000.