- 110 8.3
The complainant further submits that the Public Prosecutor’s Office is not an impartial
and independent authority for the investigation of allegations against members of the security
organs, as it is subject to orders by the Federal Minister of Justice. The complainant argues that
only the investigative judge, whose independence is guaranteed by article 87 of the Federal
Constitution of Austria, would be adequate to carry out such investigations. In the present case,
the Regional Criminal Court refused to take action through the investigative judge.
Consideration of the merits
9.1
The Committee has considered the present complaint in the light of all information made
available by the parties, as provided for in article 22, paragraph 4, of the Convention.
9.2
The Committee notes the complainant’s claim that the State party was in breach of
article 13 of the Convention, because the Regional Criminal Court failed to open a judicial
investigation into his allegations of torture. He contends that only a judicial investigation could
be considered impartial. In this connection the Committee observes that the decision of the
Regional Criminal Court of 25 November 1996 reveals that the court took into account all
evidence presented by the complainant and the prosecutor when deciding to acquit the three
policemen. The Committee finds that the complainant has failed to substantiate in what way the
investigations conducted by the State party were not impartial within the meaning of article 13 of
the Convention.
10.
The Committee against Torture concludes that the State party did not violate the rule laid
down in article 13 of the Convention and that, in the light of the information submitted to it, no
finding of any violation of any other provisions of the Convention can be made.
Note
a
This injury was a burn that Mr. R.S. had inflicted on himself when he had been in prison
approximately four years before the incident at issue. The burn did not completely heal and still
tended to open.
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