investigating judge with respect to his injuries, and
photographs of his injuries provided by the
complainant. It observes that the State party has not
contested the facts as presented by the complainant,
which took place more than seven years ago, and
observes that the medical report prepared after the
examination of the complainant and pursuant to an
order of the Novi Sad District Court Judge, has not
been integrated into the complaint file and could not
be consulted by the complainant or his counsel. In
the circumstances, the Committee concludes that due
weight must be given to the complainant’s
allegations and that the facts, as submitted, constitute
torture within the meaning of article 1 of the
Convention.
obligation, under article 12 of the Convention, to
carry out a prompt and impartial investigation
whenever there is reasonable ground to believe that
an act of torture has been committed. The State party
also failed to comply with its obligation, under
article 13, to ensure the complainant’s right to
complain and to have his case promptly and
impartially examined by the competent authorities.
7.4 As for the alleged violation of article 14 of the
Convention, the Committee notes the complainant’s
allegations that the absence of criminal proceedings
deprived him of the possibility of filing a civil suit
for compensation. In view of the fact that the State
party has not contested this allegation and given the
passage of time since the complainant initiated legal
proceedings at the domestic level, the Committee
concludes that the State party has also violated its
obligations under article 14 of the Convention in the
present case.
7.2 In light of the above finding of a violation of
article 1 of the Convention, the Committee need not
consider whether there was a violation of article 16,
paragraph 1, as the treatment suffered by the
complainant under article 1 exceeds the treatment
encompassed in article 16 of the Convention.
8.
The Committee, acting under article 22,
paragraph 7, of the Convention, is of the view that
the facts before it disclose a violation of articles 2,
paragraph 1, in connection with article 1; 12; 13; and
14 of the Convention against Torture.
7.3 Concerning the alleged violation of articles 12
and 13 of the Convention, the Committee notes that
the public prosecutor never informed the
complainant whether an investigation was being or
had been conducted after the criminal complaint was
filed on 24 November 1997. It also notes that the
failure to inform the complainant of the results of
such investigation, if any, effectively prevented him
from pursuing a “private prosecution” of his case. In
these circumstances, the Committee considers that
the State party has failed to comply with its
9.
The Committee urges the State party to
prosecute those responsible for the violations found
and to provide compensation to the complainant, in
accordance with rule 112, paragraph 5, of its rules of
procedure, to inform it, within 90 days from the date
of the transmittal of this decision, of the steps taken
in response to the Views expressed above.
Communication N° 174/2000
Submitted by: Mr. Slobodan Nikoliü; Mrs. Ljiljana Nikoliü
Alleged victims: The complainants’ son, N.N. (deceased); the complainants
State party: Serbia and Montenegro
Date of adoption of Views: 24 November 2005
Subject matter: police arrest with violence resulting
in death of victim
the State party’s alleged failure to proceed to a
prompt and impartial investigation of the
circumstances of their son’s death constitutes a
violation by Serbia and Montenegro of articles 12,
13 and 14 of the Convention. The complainants are
represented by counsel.
Procedural issue: none
Substantive issues: failure promptly to investigate
allegations of torture; right to complain;
right to compensation
The facts as submitted by the complainants
Articles of the Convention: 12, 13, 14
2.1 On 19 April 1994, the complainants’ son,
N.N., born on 19 April 1972, died in Belgrade. The
post-mortem examination of his corpse was carried
out on 25 April 1994 by a medical team of the
Institute for Forensic Medicine of the Faculty of
1.
The complainants are Mr. Slobodan Nikoliü
and his wife, Mrs. Ljiljana Nikoliü, nationals of
Serbia and Montenegro, born on 20 December 1947
and on 5 August 1951, respectively. They claim that
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