The State party’s submission on admissibility and merits and the complainant’s
comments thereon
4.1
On 14 January 2003, the State party provided its submission on the admissibility and
merits of the complaint. It contests the complainant’s allegations and submits that police officers
of the Secretariat of Internal Affairs in Novi Sad attempted three times to deliver a request for an
interview to the complainant to discuss the contents of his complaint. As the complainant was
never at home at the time of delivery, these requests were delivered to the complainant’s wife.
The complainant failed to contact the Secretariat of Internal Affairs.
4.2
The State party submits that the Municipal State Prosecutor’s Office in Novi Sad
received a report from the Secretariat of Internal Affairs of Novi Sad on 2 October 1997, which
confirmed that after checking its files, it was established that the complainant had not been
brought to nor detained in any of its premises. The Secretariat of Internal Affairs provided the
same information on 4 February 1999, at the request of the Municipal State Prosecutor’s Office
of 23 December 1998.
4.3
Finally, the State party submits that the complainant and two other persons had
perpetrated 38 offences in the Czech Republic, for which they were sentenced to 10 years of
imprisonment. The Municipal Court of Novi Sad ordered that the complainant’s name be placed
on a list of wanted persons, to serve prison sentence No. I.K. 265/97 of 5 May 1998.e It submits
that, on 25 September 2002, the complainant was still in the Czech Republic.f
5.1
On 25 November 2003, the complainant commented on the State party’s submission and
argues that it suggests that as a convicted criminal he is not entitled to complain against police
ill-treatment, and that given the circumstances, the investigating authorities did everything to
investigate the incident at issue and provide redress. He recalls that the authorities did not
interview anyone connected with the incident and ignored the medical certificate documenting
the injuries sustained by the complainant. It did not interview the complainant’s sister, who had
nursed him after the incident, the doctor who examined him, the police officers on duty the day
the incident occurred, or the complainant’s lawyers. Neither did they request the Czech
authorities through inter-State legal assistance procedure to interview the complainant.
5.2
He submits that apart from the State party’s failure to investigate the incident, it has
failed to provide the Committee with a plausible alternative explanation as to how the victim’s
injuries could have been inflicted other than through acts of its agents. In the complainant’s
view, by failing seriously to contest the facts and/or the legal arguments put forward, the State
party has in effect expressed its tacit, yet clear, acceptance of both.g
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claim contained in a complaint, the Committee must decide
whether or not it is admissible under article 22 of the Convention. The Committee has
ascertained, as it is required to do under article 22, paragraph 5 (a), of the Convention that the
same matter has not been, and is not being examined under another procedure of international
investigation or settlement. With respect to the exhaustion of domestic remedies, the Committee
took note of the information provided by the complainant about the criminal complaint which he
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