3.1 The author considers that first the police and, subsequently, the judicial
authorities failed to ensure a prompt and impartial investigation. All
domestic remedies were exhausted without the court ever having ordered or
formally instituted proper investigative proceedings. The preliminary
investigation by the investigating judge, which consisted of questioning of
the accused and some witnesses, did not produce sufficient information to
clarify the circumstances of the death and the court never ordered a forensic
examination. The court did not order either the hearing of other witnesses,
such as the employees of the funeral home, whose testimony could have
been relevant to establish the chronology of events. The author further
contends that the investigation was not carried out in accordance with the
provisions of the Criminal Procedure Code. For instance, the police failed to
inform the investigating judge immediately of the incident, although obliged
to do so by article 154. The entire on-site investigation was therefore
conducted by the police without the presence of a judge. The author further
contends that every action aimed at clarifying the incident was initiated by
the parents of Milan Ristic and that the competent government bodies failed
to take any effective steps to that end.
3.2 On the basis of the above, the author claims that the State party has
violated several articles of the Convention, in particular articles 12, 13 and
14. He states that although the parents had the possibility of seeking
compensation, the prospect of their being awarded damages was de facto
non-existent in the absence of a criminal court judgement.
Observations by the State party
4. On 26 October 1998 the State party informed the Committee that,
although all domestic remedies had been exhausted, the communication
does not fulfil other necessary conditions provided for by the Convention. It
stated, in particular, that no act of torture had been committed, since the
deceased did not have any contact at all with State authorities - the police.
Accordingly, the communication was not admissible.
The Committee's decision on admissibility
6. At its twenty-second session, in April-May 1999, the Committee
considered the question of the admissibility of the communication and
ascertained that the same matter had not been and was not being examined
under another procedure of international investigation or settlement. The
Committee noted the State party's statement that all domestic remedies had
been exhausted, and considered that the communication was not an abuse of
the right of submission or incompatible with the provisions of the
Convention. The Committee therefore decided, on 30 April 1999, that the
communication was admissible.