2. Given that the State party has an obligation to
proceed with the trial or extradite Mr. Habré, the
same should not be conditional upon the receipt by
the State party of financial assistance. The
complainants assume that this request is made to
ensure that a trial is carried out in the best possible
conditions.
3. Irrespective of what the African Union has
decided with respect to this affair, it can have no
implications as to the State party’s obligation to
recognize this affair and to submit it to the
competent jurisdiction.
State party
SERBIA AND MONTENEGRO
Case
Ristic, 113/1998
Nationality and country of removal
if applicable
Yugoslav
Views adopted on
11 May 2001
Issues and violations found
Failure to investigate allegations of torture by
police - articles 12 and 13
Interim measures granted and State party
response
None
Remedy recommended
Urges the State party to carry out such
investigations without delay. An appropriate
remedy.
Due date for State party response
6 January 1999
Date of reply
Latest note verbale 28 July 2006 (had replied on
5 August 2005 - See the annual report of the
Committee, A/61/44).
State party response
The Committee will recall that by note verbale
of 5 August 2005, the State party confirmed that
the First Municipal Court in Belgrade by decision
of 30 December 2004 found that the complainant’s
parents should be paid compensation. However, as
this case is being appealed to the Belgrade District
Court, this decision was neither effective nor
enforceable at that stage. The State party also
informed the Committee that the Municipal Court
had found inadmissible the request to conduct a
115
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