CAT/C/33/D/207/2002
Page 5
alone and/or in conjunction with article 16, para.1 of the Convention have been
violated.
3.4
The complainant further claims that his rights under article 14 taken alone
and/or in conjunction with article 16, para. 1, of the Convention have been violated.
By failing to provide him with a criminal remedy the State Party has barred him from
obtaining “fair and adequate compensation” in a civil lawsuit, “including the means
for as full a rehabilitation as possible.” Pursuant to domestic law, the complainant had
the possibility of seeking compensation by way of two different procedures: 1)
criminal proceedings, under article 103 of the Criminal Procedure Code, that should
have been instituted on the basis of his criminal complaint, or 2) in a civil action for
damages under articles 154 and 200 of the Law on Obligations. Since no formal
criminal proceedings followed as a result of his complaint with the Public Prosecutor,
the first avenue remained closed to him. As regards the second avenue, the author
filed no civil action for compensation given that it is standard practice of the State
party’s courts to suspend civil cases for damages arising out of criminal offences until
prior completion of the respective criminal proceedings. Had the complainant decided
to sue for damages immediately following the incident, he would have faced another
insurmountable procedural impediment caused by the inaction of the public
prosecutor office. Namely, articles 186 and 106 of the Civil Procedure Code stipulate
that both parties to a civil action, the plaintiff and the respondent, must be identified
by name, address and other relevant personal data. Since the complainant to date
remains unaware of this information and as it was exactly the duty of the public
prosecutor’s office to establish these facts, instituting a civil action for compensation
would have clearly been procedurally impossible and thus rejected by the civil court.
State party’s submissions on the admissibility and the merits of the complaint
4.
The complaint with its accompanying documents was transmitted to the State
party on 17 April 2002. Since the State party did not respond to the Committee’s
request, under rule 109 of the rules of procedure, to submit information and
observations in respect of the admissibility and merits of the complaint within six
months, a reminder was addressed to it on 12 December 2002. On 20 October 2003,
the State party informed the Committee that the Ministry on Human and Minority
Rights was still in the process of collecting data from the relevant authorities with a
view to responding on the merits of the complaint. Such response, however, has not
been received by the Committee.
Issues and proceedings before the Committee
5.1
The Committee notes the State party’s failure to provide information with
regard to the admissibility or merits of the complaint. In the circumstances, the
Committee, acting in accordance with rule 109, paragraph 7 of its rules of procedure,
is obliged to consider the admissibility and the merits of the complaint in the light of
the available information, due weight being given to the complainant’s allegations to
the extent that they have been sufficiently substantiated.
5.2
Before considering any claims contained in a complaint, the Committee
against Torture must decide whether or not the complaint is admissible under article
22 of the Convention. In the present case the Committee has ascertained, as it is