20 August, he allegedly complained that his head had been injured and that he could not see well. In spite of her
insistence, he was not taken to the hospital until 24 August, when he was already in coma, and he died two days
later.
__________
* Pursuant to rule 85 of the provisional rules of procedure, Committee member Fausto Pocar did not take part in the
adoption of the decision.
2.3 With regard to the exhaustion of domestic remedies, the author and M. R. R. have addressed a complaint to
the Italian Attorney-General. The Italian lawyers responsible for the case have informed the author that a criminal
investigation has been opened against the doctors at the prison and at the hospital.
3. By decision of 15 March 1988, the Working Group of the Human Rights Committee transmitted the
communication to the State party, requesting it, under rule 91 of the provisional rules of procedure, to provide
information and observations relevant to the question of the admissibility of the communication. The State party was
further requested to provide a number of clarifications concerning the case of I. M. The author himself was requested
to specify the nature of the complaint submitted to the Italian Attorney-General and the current stage of the
investigations.
4. In a letter dated 20 June 1988, the author gives fuller information in reply to the questions raised by the
Working Group. He states that in the complaint made to the Italian Attorney-General the charge is "involuntary
homicide". As to the current stage of the investigation, the author indicates that they are still pending and forwards
copies of his correspondence with the Italian authorities and his counsel at Milan.
5.1 In its submission under rule 91 of the provisional rules of procedure, dated 4 August 1988, the State party
provides the clarifications requested by the Working Group and objects to the admissibility of the communication.
Recapitulating the facts, it explains that the alleged victim:
was arrested on 6 April 1987 by the Anti-Drug Operations Unit of the Fraud Squad for the offences covered in articles 495
and 473 of the Penal Code and taken into custody (fermo) by the judicial police on the strong suspicion of having committed the
offences referred to in articles 71 and 75 of Act No. 685 of 22 December 1975 (traffic in significant quantities of drugs and
unlawful association with persons engaged in drug traffic). The official notices of the arrest and preventive detention were
formally drafted in the name of R. F. J. v. D., appearing in the identity papers produced by the accused; the Fraud Squad
immediately established that the same individual had been identified on a previous occasion as I. M. and on another occasion as
J- L.
5.2 The State party adds that I. M. was duly notified of the criminal activities:
ascribed to him at the first interrogation carried out by the Deputy Prosecutor of the Milan Prosecutor's Office, Dr. I. B., on
11 April 1987 at 9.20 a.m. At the end of the interrogation, I. M. was served with arrest warrant No. 634/87 D, issued on 10 April
1987 by the aforementioned magistrate, which contained the charges and the statement of grounds. I. M. received a further
formal notice of the charges against him by arrest warrant No. 508/87 F, issued on 26 May 1987 by the examining magistrate Dr.
A. C.
I. M. was interrogated on two subsequent occasions by the examining magistrate. Dr. A. C., on 3 and 8 June
1987.
58
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents