compensate the victims of an act in breach of that
provision. The Committee is therefore of the view
that the State party has failed to observe its
obligations under article 16 of the Convention by
failing to enable the complainants to obtain redress
and to provide them with fair and adequate
compensation.
11. In pursuance of rule 111, paragraph 5, of its
rules of procedure, the Committee urges the State
party to conduct a proper investigation into the facts
that occurred on 15 April 1995, prosecute and punish
the persons responsible for those acts and provide
the complainants with redress, including fair and
adequate compensation 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 Views
expressed above.
10. 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 16,
paragraph 1, 12 and 13 of the Convention against
Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment.
Communication N° 171/2000
Submitted by: Jovica Dimitrov
Alleged victim: The complainant
State party: Serbia and Montenegro
Date of adoption of Views: 3 May 2005
Subject matter: torture and/or ill-treatment of the
complainant in detention
complainant repeatedly with a baseball bat and a
steel cable, and kicked and punched him all over his
body. The complainant lost consciousness on several
occasions. Apart from brief breaks, the ill-treatment
lasted from 6.30 a.m. to 7.30 p.m., leaving the
complainant with numerous injuries on his buttocks
and left shoulder. After 7.30 p.m., the complainant
was released, again without being given an arrest
warrant or a release order; nor was he told of the
reason for his arrest and detention. According to the
complainant, this was in contravention of articles
192 (3), 195 and 196 (3) of the Criminal Procedure
Code (CPC), which deals with police powers of
arrest and detention.
Procedural issue: exhaustion of domestic remedies
Substantive issues: failure promptly to investigate
allegations of torture; right to complain;
right to compensation
Articles of the Convention: 12, 13, 14
1.
The complainant is Jovica Dimitrov, a Serbian
citizen of Roma origin, residing in Serbia and
Montenegro. He claims to be a victim of violations
of article 2, paragraph 1, read in connection with
articles 1; 16, paragraph, 1; and articles 12, and 13
and 14 taken alone and/or read in connection with
article 16, paragraph 1, by Serbia and Montenegro,
of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment. He
is represented by the Humanitarian Law Center
(HLC), based in Belgrade and by the European
Roma Rights Center (ERRC), based in Budapest,
both non-governmental organizations.
2.2 Following his release, the complainant
returned home and spent the next 10 days in bed,
being nursed by his sister. On 9 February 1996, he
went to see a doctor who examined him and ordered
continued bed rest. He prepared a report describing
his injuries as follows: “Left upper arm: livid-red
and brown discoloration 10 x 8 cm with slightly
raised red edges; right shoulder blade and shoulder:
livid-red discolorations in the form of stripes 3 x 11
cm, and 4 x 6 cm on the shoulders; gluteal part of the
body: blue-livid discolorations of the size of a man’s
palm on both sides; outside of the left mid-thigh:
distinct red stripe 3x5 cm; inside of right knee: light
blue swelling 5x5 cm; area around ankle and soles
(both legs): slight, light blue swelling.” The
conclusions and opinion was that the “Patient should
be referred to a neurologist and a laboratory for
tests.” The complainant also provides a statement
from his sister, who states that he was arrested at
The facts as presented by the complainant
2.1 In the early hours of 5 February 1996, the
complainant was arrested at his home in Novi Sad,
in the Serbian province of Vojvodina, and taken to
the police station in Kraljevica Marka Street. The
arresting officer presented no arrest warrant nor did
he inform the complainant why he was being taken
into custody. The complainant himself made no
attempt to resist arrest. During the ensuing
interrogation, the arresting officer struck the
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