CAT/C/35/D/174/2000 Page 12 public prosecutor had decided not to institute criminal proceedings against J. J., Z. P. and M. L., both the Belgrade District Court and the Supreme Court based their finding that there had been no physical contact between the police and N. N. exclusively on evidence that had been challenged by the complainants and which, according to them, was flawed by numerous inconsistencies. 7 Both courts dismissed the complainants’ appeals without addressing their arguments. The Committee therefore considers that the State party’s courts failed to examine the case impartially, thereby violating article 13 of the Convention. 7. The Committee against Torture, acting under article 22, paragraph 7, of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, concludes that the State party’s failure to proceed to an impartial investigation of the death of the complainants' son constitutes a violation of articles 12 and 13 of the Convention. 8. Concerning the alleged violation of article 14 of the Convention, the Committee postpones its consideration until receipt of the information requested from the State party in paragraph 9 below. 9. Pursuant to rule 112, paragraph 5, of its rules of procedure, the Committee wishes to receive from the State party, within 90 days, information on the measures taken to give effect to the Committee's Views, in particular on the initiation and the results of an impartial investigation of the circumstances of the death of the complainants’ son. ----[Adopted in English, French, Russian and Spanish, the English text being the original version. Subsequently to be issued also in Arabic and Chinese as part of the Committee’s annual report to the General Assembly.] 7 See paras. 2.20-2.22 above.