CAT/C/35/D/174/2000
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one double-wire of around 2.5 meters length each were tied to the socket box –
probably the missing ends that had been torn from the cables tied to the radiator.
Lastly, the report states that the investigating judge ordered the police to interview all
witnesses of the incident.
2.6
On 22 April 1994, the deputy public prosecutor advised the complainants that
he considered that their son’s death had been caused by an accident and that,
accordingly, no criminal investigation would be initiated.
2.7
On 18 July 1994, the complainants brought charges of murder against
unknown perpetrators, asking for a criminal investigation to be initiated by the
Belgrade public prosecutor’s office. They claimed that the police clubbed their son
with a blunt metal object, thereby causing his death, and subsequently threw his
corpse out of the window to conceal the act. On 12 August and on 5 December 1994,
the deputy public prosecutor informed the complainants that no sufficient grounds
existed for instituting criminal proceedings, and advised them to file a criminal report
with the public prosecutor’s office, submitting the evidence on which their suspicion
was based.
2.8
In the meantime, the investigating judge had requested a commission of
medical experts of the Belgrade Institute of Forensic Medicine, composed of the same
doctors who had conducted the autopsy, to prepare an expert opinion on the death of
N. N. In their report dated 22 November 1994, the experts concluded on the basis of
the autopsy report, as well as other documents, that the location, distribution and types
of injuries observed on N. N. indicated that they were the result of the fall of his body
from a considerable height on a wide, flat concrete surface. 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.
2.9
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