4.7 The State party concedes that, during the
investigation, the parents of the victim had first
given and then revoked the power of attorney to a
lawyer from the HLC, changed their statements,
tried to obtain money from the suspected
perpetrators in return for favourable statements and
influenced the alleged victim in various ways, thus
compromising the credibility of their evidence and
prolonging the proceedings. As a result, the
authorities have taken prompt measures to have the
alleged victim and his five siblings removed from
this “unhealthy family environment”. Steps were
taken to ensure their rehabilitation and social
integration. To that end, financial and material
assistance was provided to the parents several times
in 2003 and 2004. Following from the above, the
State party believes that there is no violation of any
of the rights contained in articles 7, 17, 24,
paragraph 1, read alone or in conjunction with article
2, paragraphs 1 and 3.
Deimbacher (formerly Radović), whom she had
accused on national television of having sexually
abused the child. By letter dated 19 December 2006,
the author informed the Committee that this was
upheld by the Belgrade District Court on 7 July
2006.
Issues and proceedings before the Committee
6.1 Before considering any claim contained in a
communication, the Human Rights Committee must,
in accordance with article 93 of its rules and
procedures, decide whether or not it is admissible
under the Optional Protocol of the Covenant.
6.2 The Committee has ascertained that the same
matter is not being examined under another
procedure of international investigation or settlement
for the purposes of article 5, paragraph 2 (a), of the
Optional Protocol.
6.3 With regard to the author’s standing to
represent the victim, the Committee recalls that rule
96 (b) of its rules of procedure provides that a
communication should normally be submitted by the
individual personally or by that individual’s
representative, but that a communication submitted
on behalf of an alleged victim may, however, be
accepted when it appears that the individual in
question is unable to submit the communication
personally. Where it is impossible for the victim to
authorize the communication, for instance where the
victim has been killed, had disappeared or is held
incommunicado, the Committee has considered a
close family connection to be a sufficient link to
justify an author acting on behalf of an alleged
victim. 11 However, it has not considered that an
individual had standing to act on behalf of a personal
friend or an employee where no authorization had
been obtained from the victim.12 In this regard, the
Committee recalls that it
Author’s comments
5.1 By letter dated 11 September 2006, the author
argues that it should be allowed standing to represent
the victim before the Committee. It recalls that the
circumstances of the case clearly demonstrate that
the victim is unable to submit the communication
personally, which is a situation provided for in rule
96 of the Committee’s rules of procedure. With
regard to the State party’s argument that the link
between the author and the victim is not as close as
to qualify the former to act on the latter’s behalf, the
author submits that while there is no biological link
between itself and the victim, it acted as legal
counsel for the victim and demonstrated a sustained
willingness and ability to seek redress for the victim.
Neither the parents, nor the legal guardian have
acted in the best interests of the victim.
5.2 As for the State party’s argument that the
author is neither the sole, not the most competent
authority to determine the best interests of the
victim, the author recalls that it has already
submitted many communications before several
human rights treaty bodies and that this experience
cannot be compared with that of any other
organization in Serbia. This renders the author
qualified to assess the reasons for instigating
proceedings from the point of view of any victim. In
the present case, the victim’s interests are that those
who sexually abused him should be punished.
“has always taken a wide view of the
right of alleged victims to be
represented by counsel in submitting
communications under the Optional
Protocol. However, counsel acting on
behalf of victims of alleged violations
must show that they have real
authorization from the victims (or their
immediate family) to act on their
11
See for instance communication No. 5/1977, Valentini
de Bazzano v. Uruguay, Views adopted on 15 August
1979, para. 5; and communication No. 1196/2003,
Bourchef v. Algeria, Views adopted on 30 March 2006,
para. 1.1.
12
See communication No. 436/1990, Solís Palma v.
Panama, Inadmissibility decision adopted on 18 July
1994, para. 5.2; and communication No. 16/1977, Mbenge
v. Zaire, Views adopted on 25 March 1983, para. 5. See
also communication No. 565/1993, R. and M.H. v. Italy,
Inadmissibility decision adopted on 8 April 1994, para.
4.2.
5.3 With regard to the State party’s observations
on the merits of the communication, the author
reiterates its earlier arguments. It noted that W is the
only person who has been willing to testify about all
the circumstances of the incident and that, as a
result, she has received many threats. On 13 March
2006, she was even found guilty by the Belgrade
Second Municipal Court of defaming Miodrag
33
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