CAT/C/35/D/174/2000
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summon and examine certain witnesses, including the complainants themselves, and
to seek clarification of the remaining forensic inconsistencies. By letter of 28 January
to the President of the District Court, the complainants criticized that only one of their
requests, i.e. the interrogation of the police inspectors, had been complied with. They
also challenged that the authorities persistently refused to state the time of their son’s
death, that no explanation had been given for the numerous bruises on the deceased’s
body, that the Institute of Forensic Medicine had refused to hand out any photographs
of the deceased and that its forensic findings were intended to conceal their son’s
abuse by the police, that M. K. had given three different versions of the incident to the
investigating judge, the complainants, and her friends, respectively, and that not a
single pedestrian on the busy streets facing apartment no. 82 had witnessed their son
jumping out of the window.
2.20 By decision of 17 February 1998, 4 the Belgrade District Court found that the
absence of any physical contact between the police inspectors and the deceased had
been established on the basis of the concurring statements of J. J., Z. P. and M. L., the
report of the investigating judge, as well as the police report of 19 April 1994, and the
findings and opinions of the experts from the Institute of Forensic Medicine of the
Belgrade Faculty of Medicine dated 22 November 1994 and 27 November 1996. It
concluded that there were no grounds for conducting an investigation against the
charged police inspectors for the criminal offence of murder.
2.21 On 13 March 1998, the complainants appealed to the Supreme Court of Serbia
and Montenegro and, on 23 March, they supplemented their reasons of appeal. They
challenged that the District Court had failed to address their arguments or the
objections raised by Prof. Dr. Z. S., an internationally renowned expert selected by the
United Nations for autopsies conducted on the territory of the former Yugoslavia,
while merely relying on the contradictory findings of the commission of forensic
experts and on the un-scrutinized statements of M. K., as well as of the charged
inspectors themselves, against one of whom criminal proceedings had previously been
instituted for similar conduct. No fingerprints of the deceased had been found in
apartment no. 82; the cables attached to the radiator had not even been examined for
his biological traces.
2.22 By decision of 21 May 1998, 5 the Supreme Court of Serbia in Belgrade
rejected the complainants’ appeal as unfounded. It endorsed the findings of the
Belgrade District Court, considering that the commission of experts, in its
supplementary findings and opinions of 27 November 1996, responded to all
objections raised by the complainants’ lawyer and by Dr. Z. S. in a precise manner.
The complaint:
3.1
The complainants claim that the State party failed to proceed to a prompt an
impartial investigation of their son’s death and alleged prior torture, in violation of
article 12, although the forensic evidence submitted by the complainants strongly
suggested that their son was the victim of an act of torture within the meaning of
article 1 of the Convention.
4
5
See Belgrade District Court, Decision of 17 February 1998, Ki. No. 898/97 (Kv. No. 99/98).
See Supreme Court of Serbia in Belgrade, Decision of 21 May 1998, Kž. II 224/98.