Case Hajrizi Dzemajl et al., 161/2000 Nationality and country of removal if applicable Yugoslav Views adopted on 21 November 2002 Issues and violations found Burning and destruction of houses, failure to investigate and failure to provide compensation - articles 16, paragraph 1, 12 and 136 Interim measures granted and State party response None Remedy recommended Urges the State party to conduct a proper investigation into the facts that occurred on 15 April 1995, prosecute and punish the persons responsible for those acts and provide the complainants with redress, including fair and adequate compensation Due date for State party response None Date of reply See CAT/C/32/FU/1 State party response Ongoing See first follow-up report (CAT/C/32/FU/1). Following the thirty-third session and while welcoming the State party’s provision of compensation to the complainants for the violations found, the Committee considered that the State party should be reminded of its obligation to conduct a proper investigation into the case. Author’s response None 6 Regarding article 14, the Committee declared that article 16, paragraph 1, of the Convention does not mention article 14 of the Convention. Nevertheless, article 14 of the Convention does not mean that the State party is not obliged to grant redress and fair and adequate compensation to the victim of an act in breach of article 16 of the Convention. The positive obligations that flow from the first sentence of article 16 of the Convention include an obligation to grant redress and compensate the victims of an act in breach of that provision. The Committee is therefore of the view that the State party has failed to observe its obligations under article 16 of the Convention by failing to enable the complainants to obtain redress and to provide them with fair and adequate compensation. 99

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