CAT/C/35/D/174/2000 Page 7 identify the part of the brain from which brain tissue was missing; (d) their failure to explain why such a small amount of blood was found in the thoracic cavities, given that the complainants’ son probably continued to breath for some time following the infliction of the injuries, that the total blood flow of an adult is 5000 ml per minute, and that blood pressure is the highest near the heart where the 3 x 1 cm aorta fissure was located; (e) the experts’ superficial and contradictory description of the bone fractures; and (f) their conclusion that all recorded injuries resulted from the body’s fall on the concrete ground, ignoring the possibility that some injuries could have been inflicted with a blunt mechanical weapon before the fall. 2.17 In a letter of 29 August 1997 to the Department for the Control of Legality of the Belgrade City Secretariat for Internal Affairs, the complainants drew attention to the fact that inspector J. J. reportedly was crying when the investigating magistrate arrived at Pariske Komune Street no. 2 and that he went on vacation the following day. They referred to the case of N. L., who had allegedly been forced to wear a bullet proof vest, on which he received blows with a baseball bat during his interrogation by, inter alia, inspector J. J., leaving few traces and causing a slow and painful death after two weeks. 2 2.18 On 30 August 1997, the complainants brought charges of murder against police inspectors J. J., Z. P. and M. L., alleging that the y had maltreated their son with hard round objects (such as a baseball bat), inflicting a number of grave injuries to his body, thereby voluntarily causing his death. Assuming that the transversal fractures of the lower legs had been inflicted prior to the fall, it could be ruled out that the injured had tried to escape through the window. The complainants also claimed that the police had breached the Code of Criminal Procedure (a) by forcibly entering the flat without the presence of a neutral witness; (b) by calling the investigating magistrate 30 minutes after the incident, rather than immediately, allegedly to remove incriminating evidence and to put M. K. on tranquilizers; (c) by interviewing no other witnesses than the police inspectors; (d) by having the deceased’s body identified by M. K. rather than by his family; (e) by failing to seal the door or to return the keys of the apartment to the complainants; and (f) by sending M. K. to deliver the tragic news to the complainants. The complainants also informed the district prosecutor that several witnesses could testify that the police had previously shot at and threatened their son. They challenged the deputy public prosecutor for bias, since he had already indicated that he would reject any criminal cha rges. 2.19 After the District Public Prosecutor had decided, on 24 September 1997, not to initiate criminal proceedings against inspectors J. J., Z. P. and M. L., the complainants, on 4 October 1997, filed a request for an investigation of their son’s alleged murder with the Belgrade District Court. 3 In particular, they requested the investigating judge to interrogate J. J., Z. P. and M. L. in the capacity of accused, to detain them on remand in order to prevent any interference with witnesses, to 2 See a newspaper article submitted by the authors in VREME Magazine, 9 March 1996, “The deadly bat”. 3 In accordance with Section 60 of the Code of Criminal Procedure of the State party, the injured party may apply for criminal proceedings to be instituted, if the public prosecutor finds that there are no sufficient grounds to initiate criminal proceedings ex officio. If the investigating judge rejects the request for the initiation of criminal proceedings, a special chamber of the competent court decides whether such proceedings shall be initiated. See ibid., Section 159.