the Convention. The Committee therefore decided,
on 30 April 1999, that the communication was
admissible.
[6.7] 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
who arrived first on the scene, is indisputable and
confirmed by the fact that the request for an
investigation filed by the author of the
communication was directed not against these
persons but others.
State party’s merits observations
[6.1] In a submission dated 15 December 1999, the
State party gave to the Committee its observations
on the merits of the communication.
[6.2] 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.
[6.8] Concerning the judicial proceedings that
followed the death of the victim, the State party
recalls the various steps of the procedure and notes
that the main reason that an investigation had not
been ordered was the lack of strong evidence to
prove a causal link between the behaviour of the
three defendant police officers and the death of the
victim. The State party contends that the procedure
has been scrupulously respected at all steps and that
the complaint has been carefully considered by all
the magistrates who have had to deal with the case.
[6.3] 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.
[6.9] Finally, the State party emphasizes that certain
omissions that may have occurred during the events
immediately following the death of the alleged
victim and that have been referred to by the author
of the communication were not important because
they do not prove that the alleged victim died as a
result of torture.
Author’s comments on the merits
[6.4] 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.
[7.1] In a submission dated 4 January 1999, the
author refers to relevant jurisprudence of the
European Court of Human Rights. In a further
submission dated 19 April 2000, the author
confirmed the assertions he had made in his
communication and gave to the Committee
additional observations on the merits of the
communication.
[7.2] The author first makes some remarks on
specific issues raised or ignored by the State party in
its observations. In this regard, the author mainly
points to the fact that the State party limited itself to
arguing that the three police officers allegedly
responsible for the murder were not involved in the
death of the alleged victim and fails to address the
main issue of the communication, which is the
failure to carry out a prompt, impartial and
comprehensive investigation.
[6.5] 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.
[7.3] The author focuses on the following factual
elements supporting his claim:
(a) The inspector in charge of the case took
three months to collect the information needed for
the investigation;
(b) The District Court was only requested to
initiate an investigation seven months after the death
of the alleged victim;
[6.6] 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.
(c) The District Court failed to take as a
starting point for establishing the relevant facts the
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