The State party's observations on the merits
7.1 In a submission dated 15 December 1999, the State party gave to the
Committee its observations on the merits of the communication.
7.2 The State party reiterates its opinion that the alleged victim was not
subjected to torture because he had at no time been in contact with the law
enforcement officers, i.e. the police officers. It therefore considers that there
is no violation of the Convention whatsoever.
7.3 The State party also underlines that the courts of its country operate
independently and have concluded rightfully and in accordance with the law
that no investigation should be initiated against the alleged authors of the
acts of torture. It points in this regard to the fact that the author of the
communication has not submitted all the court decisions and other judicial
documents that may bring some additional light to the Committee's
consideration of the communication. The said documents were submitted to
that effect by the State party.
7.4 The State party then gave its version of the facts. First, it alleges that the
alleged victim took alcohol and drugs (Bromazepan) and had already tried to
commit suicide some time before. During the afternoon preceding his death,
on 12 February 1995, the alleged victim had taken some drugs (in the form
of pills) and was in a very bad mood because of an argument he had had
with his mother. These elements were, according to the State party,
confirmed by four of his friends who spent the afternoon of 12 February
1995 with the alleged victim. The State party also notes that the parents and
girlfriend of the alleged victim stated exactly the contrary.
7.5 With respect to the events surrounding the death of the alleged victim,
the State party refers to the statement made by the eyewitness, Dragan
Markovic, who explained that he had seen the victim standing on the edge
of the terrace, 15 metres from the ground and immediately called the police.
When the police arrived, the victim jumped from the terrace and neither
Dragan Markovic nor the police could prevent it. The State party notes also
that the three policemen who are accused of the alleged murder of the victim
arrived on the premises after the victim had jumped and therefore concludes
that none of them could have taken any action.
7.6 The above elements demonstrate, according to the State party, that the
death of the alleged victim was the result of a suicide and that no acts of
torture had therefore been committed.
7.7 Moreover, the State party notes that the impartiality of witness Dragan
Markovic, as well as of S. Isailovic and Z. Jetvic, the two police officers