State party’s submissions on the merits and the author’s comments ophthalmologist. His report shows that the author’s eye was already blind in March 1989, when he was first examined at the Eye Hospital, as a result of an old retinal detachment and that it had begun to show the first signs of an external squint. The State party concludes that the eye must have gone blind before 1988, since a blind eye does not begin to squint until after a long period of blindness. 8.1 The State party, on 10 November 1992 and 4 January 1993, reiterates that the author made his complaint of ill-treatment months after its alleged occurrence. It submits that the author has suffered from eye trouble since childhood and that the medical records show that he complained about his left eye for the first time on 16 September 1988. As a result of examinations by the prison doctor on 14 November 1988, aphykia (the absence of the lens of the eye) and ablatio retinae (detachment of the retina) were found. Subsequently, after examinations at the Vienna Eye Hospital it was concluded that the author’s left eye was blind. The State party forwarded a copy of the medical record in the author’s case. 11.2 The State party recalls that the author was arrested on 19 April 1988 on the suspicion of being involved in internationally organized heroin trafficking. On 5 December 1988, the author for the first time claimed to have been subjected to torture and threatened by Inspector J.J. Neither the Journalrichter nor the investigating judge had observed any signs of ill-treatment. The author repeated his allegations in a number of written submissions to the Public Prosecutor, the Attorney General and the Minister of Justice. Police Inspector J.J. and one of his colleagues were questioned on these charges by the investigating judge on 16 February 1989; they rejected the accusations made against them. 8.2 With regard to the investigations into the author’s allegations, the State party states that the criminal proceedings against Inspector J.J. and a colleague were stopped by the Prosecutor’s office on 6 November 1992, on the ground that following preliminary investigations the allegations were found to be totally unsubstantiated. At the preliminary hearing, the interpreter who had been present during the interrogations testified that the conduct by the police officers had been correct and that she had never witnessed any acts of torture. Only two witnesses, both co-defendants of the author, claimed to have been given one or two blows by Inspector J.J. All other witnesses gave exonerating evidence. No medical evidence was available to substantiate the allegations. 11.3 The State party submits that, since no signs of an injury could be established and the police officers denied the charges, no strong suspicion existed that an act of torture had been committed. It was therefore decided that the criminal proceedings against the author could proceed. During the trial against the author, from 8 to 11 January 1990, witnesses testified that they had been ill-treated by Inspector J.J. and his colleague. As a result, preliminary investigations against the two policemen were instituted on 5 March 1990. 9.1 In his comments on the State party’s submissions, counsel maintains his claim that the author’s eye injury was caused by Inspector J.J. at the end of June or the beginning of July 1988, when the author was hit with a pistol and his head was banged against a table. 12. In his comments on the State party’s submission, dated 21 October 1993, counsel submits that the State party had not consulted him about the choice of the medical expert. He further states that the expert’s report does not necessarily exclude the author’s version of events. He emphasizes that the author received medical treatment in prison after having been ill-treated but that the records of this treatment were not kept. 9.2 Counsel further claims that some witnesses, who could have corroborated the author’s allegations, were not called by the Prosecutor during the preliminary investigations against Inspector J.J. Among these persons is the author’s wife, who no longer lives in Austria. Examination of the merits 13.1 The Committee has considered the communication in the light of all information made available to it by the parties, as required under article 22, paragraph 4, of the Convention. 10. On 26 April 1993, the Committee decided to request the State party to appoint, in consultation with the author’s counsel, an independent expert in ophthalmology in order to determine the date of and the origin of the eye injury. It further referred to article 12 of the Convention and requested the State party to submit written explanations clarifying the delay in initiating the investigation of the author’s allegations. 13.2 The Committee notes that the author has claimed that he was ill-treated after his arrest and that as a consequence he suffered an eye injury. The State party has denied the alleged ill-treatment and has claimed that the author’s eye injury dates from childhood. It has submitted an expert report, in which it is concluded that the author’s left eye, with almost absolute certainty (“mit an Sicherheit 11.1 On 27 July 1993, the State party forwarded to the Committee an expert opinion prepared by an 14