which it stated that it was “extremely concerned over
the numerous accounts of the use of torture by the
State police forces that it has received from nongovernmental organizations” (A/54/44, para. 46) and
“gravely concerned over the lack of sufficient
investigation, prosecution and punishment by the
competent authorities … of suspected torturers or
those breaching article 16 of the Convention, as well
as with the insufficient reaction to the complaints of
such abused persons, resulting in the de facto
impunity of the perpetrators of acts of torture” (ibid.,
para. 47).
(c) There is a difference between the statement
made on 13 February 1995 by one of the three police
officers allegedly responsible for the death of the
alleged victim according to which the Police
Department had been called for a person who had
committed suicide and the statements made by
another of the above-mentioned police officers, as
well as by two other police officers and the witness
D. Markovic, according to which the Police
Department had been called for a person who might
jump from the roof of a building;
(d) The police did not immediately inform the
investigating judge on duty of the incident in order
for him to oversee the on-site investigation in
compliance with article 154 of the Code of Criminal
Procedure of the State party.
Issues and proceedings before the Committee
[8.1] The Committee has considered the
communication in the light of all information made
available to it by the parties concerned, in
accordance with article 22, paragraph 4, of the
Convention. It regrets in this regard that the State
party has only provided the Committee with a
different account of the event, and notes that more
precise information concerning the conduct of the
investigation was necessary, including an explanation of why a new autopsy was not carried out.
[8.5] Moreover, the Committee is especially
concerned by the fact that the doctor who carried out
the autopsy admitted in a statement dated 18 July
1995 that he was not a specialist in forensic
medicine.
[8.6] Noting the above elements, the Committee
considers that the investigation that was conducted
by the State party’s authorities was neither effective
nor thorough. A proper investigation would indeed
have entailed an exhumation and a new autopsy,
which would in turn have allowed the cause of death
to be medically established with a satisfactory
degree of certainty.
[8.2] It also notes that the author of the
communication claims that the State party has
violated articles 2, 12, 13, 14 and 16 of the
Convention.
[8.3] With regard to articles 2 and 16, the
Committee first considers that it does not fall under
its mandate to assess the guilt of persons who have
allegedly committed acts of torture or police
brutality. Its competence is limited to considering
whether the State party has failed to comply with
any of the provisions of the Convention. In the
present case, the Committee will therefore not
pronounce itself on the existence of torture or illtreatment.
[8.7] Moreover, the Committee notes that six years
have elapsed since the incident took place. The State
party has had ample time to conduct a proper
investigation.
[8.8] In the circumstances, the Committee finds that
the State party has violated its obligations under
articles 12 and 13 of the Convention to investigate
promptly and effectively allegations of torture or
severe police brutality.
[8.4] With regard to articles 12 and 13 of the
Convention, the Committee notes the following
elements, on which both parties have been able to
submit observations:
[8.9] With regard to allegations of a violation of
article 14, the Committee finds that in the absence of
proper criminal investigation, it is not possible to
determine whether the rights to compensation of the
alleged victim or his family have been violated. Such
an assessment can only be made after the conclusion
of proper investigations. The Committee therefore
urges the State party to carry out such investigations
without delay.
(a) There are apparent differences and
inconsistencies between the statement made on 18
August 1995 by the doctor who came with the
ambulance as to the premise of the cause of death of
the alleged victim, the autopsy report of 13 February
1995 and the report made on 20 March 1995 by two
forensic experts at the request of the parents of the
alleged victim;
[9.] In pursuance of rule 111, paragraph 5, of its
rules of procedure, the Committee urges the State
party to provide the author of the communication
with an appropriate remedy, 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
observations made above.
(b) Although the investigating judge in charge
of the case when the parents of the alleged victim
proceeded in the capacity of private prosecutor
stated that the autopsy “had not been performed in
line with all the rules of forensic medicine”, there
was no order of exhumation of the body for a new
forensic examination;
69
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