(c) The District Court failed to take as a starting point for establishing the
relevant facts the police report that had been made at the time of the death;
(d) The eyewitness Dragan Markovic did mention in his only statement the
presence at the scene of police officers Z. Jeftic and S. Isailovic and not the
presence of the three defendant police officers;
(e) The Šabac Police Department failed to provide the photographs taken at
the scene of the incident, as a result of which the investigating judge
transmitted incomplete documentation to the public prosecutor;
(f) When the parents of the alleged victim proceeded in the capacity of
private prosecutor, the investigating judge failed to order the exhumation of
the body of the alleged victim and a new autopsy, at the same time agreeing
that the original autopsy "had not been performed in line with all the rules of
forensic medicine";
(g) Yugoslav prosecuting authorities failed to hear numerous other witnesses
proposed by the author.
8.4 Regarding the State party's contention that the alleged victim had
previously attempted to commit suicide, the author indicates that the State
party does not substantiate its claim with medical records or police reports,
which are usually available in such cases. With regard to other rumours
concerning the alleged victim, inter alia that he was addicted to drugs, the
author notes that they have always been denied by the family. The author
does not know when or whether the four friends of his son were interrogated
and neither he nor his lawyer was ever notified of such an interrogation.
Moreover, the author notes that three of these witnesses may have been
subjected to pressure and influenced for various reasons.
8.5 Concerning the obligation to investigate incidents of torture and cruel,
inhuman or degrading treatment or punishment, the author refers to the
jurisprudence of the Committee in the case Encarnación Blanco Abad v.
Spain (CAT/C/20/D/59/1996), where the Committee observed that "under
article 12 of the Convention, the authorities have the obligation to proceed
to an investigation ex officio, wherever there are reasonable grounds to
believe that acts of torture or ill-treatment have been committed and
whatever the origin of the suspicion". He also refers to the decision in the
case Henri Unai Parot v. Spain (CAT/C/14/D/6/1990), according to which
the obligation of a prompt and impartial investigation exists even when
torture has merely been alleged by the victim, without the existence of a
formal complaint. The same jurisprudence is confirmed by the European
Court
of
Human
Rights
(Assenov
and
Others
v.
Bulgaria (90/1997/874/1086)).