(c) There is a difference between the statement made on 13 February 1995
by one of the three police officers allegedly responsible for the death of the
alleged victim according to which the Police Department had been called for
a person who had committed suicide and the statements made by another of
the above-mentioned police officers, as well as by two other police officers
and the witness D. Markovic, according to which the Police Department had
been called for a person who might jump from the roof of a building;
(d) The police did not immediately inform the investigating judge on duty of
the incident in order for him to oversee the on-site investigation in
compliance with article 154 of the Code of Criminal Procedure of the State
party.
9.5 Moreover, the Committee is especially concerned by the fact that the
doctor who carried out the autopsy admitted in a statement dated 18 July
1995 that he was not a specialist in forensic medicine.
9.6 Noting the above elements, the Committee considers that the
investigation that was conducted by the State party's authorities was neither
effective nor thorough. A proper investigation would indeed have entailed
an exhumation and a new autopsy, which would in turn have allowed the
cause of death to be medically established with a satisfactory degree of
certainty.
9.7 Moreover, the Committee notes that six years have elapsed since the
incident took place. The State party has had ample time to conduct a proper
investigation.
9.8 In the circumstances, the Committee finds that the State party has
violated its obligations under articles 12 and 13 of the Convention to
investigate promptly and effectively allegations of torture or severe police
brutality.
9.9 With regard to allegations of a violation of article 14, the Committee
finds that in the absence of proper criminal investigation, it is not possible to
determine whether the rights to compensation of the alleged victim or his
family have been violated. Such an assessment can only be made after the
conclusion of proper investigations. The Committee therefore urges the
State party to carry out such investigations without delay.
10. In pursuance of rule 111, paragraph 5, of its rules of procedure, the
Committee urges the State party to provide the author of the communication
with an appropriate remedy, and to inform it, within 90 days from the date
of the transmittal of this decision, of the steps it has taken in response to the
observations made above.