dismissed as unfounded the revised statement
of the State Union of Serbia and Montenegro,
ruling that it is bound to meet its obligations
under the Convention. It was also held
responsible for the failure to launch a prompt,
impartial and full investigation into the death
of Milan Ristic.
Complainant’s response
On 25 March 2005, the Committee received
information from the Humanitarian Law
Center in Belgrade to the effect that the First
Municipal Court in Belgrade had ordered the
State party to pay compensation of
1,000,000 dinars to the complainant’s parents
for failure to conduct an expedient, impartial
and comprehensive investigation into the
causes of the complainant’s death in
compliance with the decision of the
Committee against Torture.
Case
Hajrizi Dzemajl et al., 161/2000
Nationality and country of removal
if applicable
Yugoslav
Views adopted on
21 November 2002
Issues and violations found
Burning and destruction of houses, failure to
investigate and failure to provide
compensation - articles 16, paragraph 1, 12
and 13.12
Interim measures granted and State party
response
None
12
Regarding article 14, the Committee declared that article 16, paragraph 1, of the Convention
does not mention article 14 of the Convention. Nevertheless, article 14 of the Convention does
not mean that the State party is not obliged to grant redress and fair and adequate compensation
to the victim of an act in breach of article 16 of the Convention. The positive obligations that
flow from the first sentence of article 16 of the Convention include an obligation to grant redress
and compensate the victims of an act in breach of that provision. The Committee is therefore of
the view that the State party has failed to observe its obligations under article 16 of the
Convention by failing to enable the complainants to obtain redress and to provide them with fair
and adequate compensation.
133
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