Complainant’s comments on the merits 8.1 In his submission of 8 January 2002, the complainant makes additional submission confirming his previous claims. 8.2 He submits that notwithstanding the State party’s claim that adequate investigations were undertaken into the allegations of torture, in fact, the Criminal Investigations Office did not take any adequate or effective measure to identify the fourth person who was present during the ill-treatment. The only inquiry mentioned by the State party was the summons of the complainant to appear at the Criminal Investigation Office to identify a photograph, on 30 August 1996. The complainant argues that he refused to cooperate because, at that time, only police investigations were carried out, without participation of judicial authorities, and the complainant did not trust the independence of these investigations. 8.3 The complainant further submits that the Public Prosecutor’s Office is not an impartial and independent authority for the investigation of allegations against members of the security organs, as it is subject to orders by the Federal Minister of Justice. The complainant argues that only the investigative judge, whose independence is guaranteed by article 87 of the Federal Constitution of Austria, would be adequate to carry out such investigations. In the present case, the Regional Criminal Court refused to take action through the investigative judge. Consideration of the merits 9.1 The Committee has considered the present complaint in the light of all information made available by the parties, as provided for in article 22, paragraph 4, of the Convention. 9.2 The Committee notes the complainant’s claim that the State party was in breach of article 13 of the Convention, because the Regional Criminal Court failed to open a judicial investigation into his allegations of torture. He contends that only a judicial investigation could be considered impartial. In this connection the Committee observes that the decision of the Regional Criminal Court of 25 November 1996 reveals that the court took into account all evidence presented by the complainant and the prosecutor when deciding to acquit the three policemen. The Committee finds that the complainant has failed to substantiate in what way the investigations conducted by the State party were not impartial within the meaning of article 13 of the Convention. 10. The Committee against Torture concludes that the State party did not violate the rule laid down in article 13 of the Convention and that, in the light of the information submitted to it, no finding of any violation of any other provisions of the Convention can be made. Note 1 This injury was a burn that Mr. R.S. had inflicted on himself when he had been in prison approximately four years before the incident at issue. The burn did not completely heal and still tended to open. 7