The “signs of the injury reactions (inhalation of
blood and […] bruises around the wounds and torn
tissues)” indicated that N.N. was alive at the moment
when he incurred the injuries.
2.12 By letter of 28 August 1996, the
complainant’s lawyer requested the Belgrade Public
Prosecutor’s Office to order another forensic
expertise, to be conducted by the Institute of
Forensic Medicine of either the Belgrade Military
Hospital or the Faculty of Medicine of Novi Sad,
and, for that purpose, to exhume the body of N.N. at
the expense of the complainants to address the
doubts expressed by Dr. Z.S. In addition, he
requested clarification of the following questions: (a)
The time and place of death; (b) whether the
contusions of the brain and the wound on the lower
forehead of the deceased could have been the
consequence of injuries inflicted by blows before the
fall; (c) whether the small quantity of blood found in
the chest cavity indicated that N.N. was already dead
at the time of the fall, given that a living person
discharges about 70 millilitres of blood from the left
auricle into the aorta with every heartbeat (totalling
about 4.9 litres per minute); (d) how it could be
explained that the autopsy report did not establish
any circular fractures of the bones of the base of the
cranium after a fall from a height of 20 to 30 metres;
and (e) which parts of the body would usually be
damaged after a fall from this height, based on the
weight of the body, its free movement during, as
well as the velocity of the fall.
2.9 On 13 and 24 January 1995, the complainants
challenged inconsistencies in the medical findings of
the expert commission, as well as in the autopsy
report, and requested the Belgrade District Court to
order another forensic expertise from a different
institution at their expense.
2.10 On 27 June 1995, the complainants sought the
intervention of the Public Prosecutor of the Republic,
who, by reference to the forensic expertise of the
expert commission, affirmed the position of the
deputy public prosecutor. Similarly, the Deputy
Federal Public Prosecutor, by letter of 8 January
1996, advised the complainants that there were no
grounds for him to intervene.
2.11 At the complainants’ request, Dr. Z.S., a
pathologist from the Institute of Forensic Medicine
of the Belgrade Military Hospital, evaluated the
autopsy report of 19 April 1994 and the expert
commission’s forensic findings of 22 November
1994. In a letter of 21 March 1996, he informed the
complainants that, although the described injuries
could be the result of the fall of the body of the
deceased from a considerable height, it could not be
excluded that some of the injuries had been inflicted
prior to the fall. He criticized (a) that the autopsy had
been carried out six days after the death of N.N.; (b)
that the reports did not describe any decomposition
changes of the body; (c) that the autopsy report
stated that the brain membranes and brain tissue of
the deceased were intact, while at the same time
noting the presence of brain tissue on the front side
of his sweatshirt; (d) the contradiction between the
size of the rupture of the aorta (3 cm x 1 cm) and the
relatively small quantity of blood found in the chest
cavity (800 ccm); (e) the expert commission’s
finding that the first contact of the deceased’s body
with the ground was with his feet, resulting in
transverse fractures of the lower leg bones instead of
diagonal fractures, which would usually result from
a similar fall; (f) the unclear description by the
expert commission of the mechanism of injuries, i.e.,
“that the first contact of the body was with the feet
which caused feet and lower leg fractures, which
was followed by bending and twisting (extension and
rotation) of the thorax”, given that extension means
stretching of the body rather than bending; and (g)
that the autopsy report diagnosed decollement, i.e.,
the separation of the skin of subcutaneous tissue
from the muscle membrane, on the external side of
the left thigh, although such an injury was usually
“inflicted by a strong blow with a brandished blunt
weapon”, i.e., “the blow of the body on the ground”,
which was unlikely to occur after a fall on the feet
and a fracture of both lower leg bones.
2.13 On 2 October 1996, the complainants’ lawyer
requested the Belgrade Public Prosecutor’s Office
that several potential witnesses be interviewed either
by the Serbian Ministry of the Interior or by the
Secretariat for Internal Affairs of Novi Sad: (a) The
complainants, to find out whether M.K., when
delivering the tragic news of their son’s death, said:
“Aunt Ljilja, they have killed Nikolica—they have
killed Dumpling!”; (b) R.J. and Z.T., colleagues of
the mother, who were present when M.K. told the
mother that her son had died; (c) M.K., to establish
whether she saw N.N. tying the cables to the radiator;
whether he had been sleeping and, if so, whether he
was already dressed when the police arrived at the
door; how it was possible that she did not see N.N.
jump out of the window, if she was in the same room;
or, alternatively, how she could claim that there was
no contact between N.N. and the policemen, if she
was in another room; (d) neighbours in building N° 2,
Pariske Komune Street, in particular D.N., the tenant
of the flat above apartment N° 82, and S.L., who
removed the biological traces in front of the building,
to ask him what exactly he removed and whether he
did this before or after the end of the in situ
investigation; (e) several friends of the deceased, to
find out whether N.N. had a fight with M.K. prior to
19 April 1994 and whether M.K. had threatened that
she would “fix him”; (f) officials of the Belgrade
Central Prison, to elucidate whether N.N. had
escaped from prison, but was subsequently released
on probation by decision of 23 July 1993 of the
deputy public prosecutor; and (g) A.N., the sister of
94
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