Communication No. 171/2000
Submitted by:
Mr. Jovica Dimitrov, represented by the Humanitarian Law
Center and the European Roma Rights Center)
Alleged victims:
The complainant
State party:
Serbia and Montenegro
Date of the complaint:
29 August 2000 (initial submission)
The Committee against Torture, established under Article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 3 May 2005,
Having concluded its consideration of complaint No. 171/2000, submitted to the
Committee against Torture by Mr. Jovica Dimitrov under article 22 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Having taken into account all information made available to it by the complainant,
Adopts the following decision under article 22, paragraph 7, of the Convention.
1.1
The complainant is Jovica Dimitrov, a Serbian citizen of Roma origin, residing in Serbia
and Montenegro. He claims to be a victim of violations of article 2, paragraph 1, read in
connection with article 1, article 16, paragraph 1; and articles 12, 13 and 14 taken alone and/or
read in connection with article 16, paragraph 1, by Serbia and Montenegro, of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. He is
represented by the Humanitarian Law Center (HLC), based in Belgrade, and by the European
Roma Rights Center (ERRC), based in Budapest, both non-governmental organizations.
The facts as presented by the complainant
2.1
In the early hours of 5 February 1996, the complainant was arrested at his home in
Novi Sad, in the Serbian Province of Vojvodina, and taken to the police station in Kraljevica
Marka Street. The arresting officer presented no arrest warrant nor did he inform the
complainant why he was being taken into custody. The complainant himself made no attempt
to resist arrest. During the ensuing interrogation, the arresting officer struck the complainant
repeatedly with a baseball bat and a steel cable, and kicked and punched him all over his body.
The complainant lost consciousness on several occasions. Apart from brief breaks, the
ill-treatment lasted from 6.30 a.m. to 7.30 p.m., leaving the complainant with numerous injuries
on his buttocks and left shoulder. After 7.30 p.m., the complainant was released, again without
being shown an arrest warrant or a release order, nor was he told the reason for his arrest and
detention. According to the complainant, this was in contravention of articles 192 (3), 195
and 196 (3) of the Criminal Procedure Code (CPC), which deals with police powers of arrest and
detention.
112
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents