consequently the institution of formal judicial
investigations is impossible. Since the public
prosecutor’s office has failed formally to dismiss the
complainant’s criminal complaint, he cannot
personally take over the prosecution of the case in
his capacity of a “private prosecutor”. The
complainant also alleges that the public prosecutors
in Serbia and Montenegro seldom institute criminal
proceedings against police officers accused of
misconduct and delay the dismissal of complaints,
sometimes by years, thereby denying the injured
party the right to prosecute his/her own case.
deliver a request for an interview to the complainant
to discuss the contents of his complaint. As the
complainant was never at home at the time of
delivery, these requests were delivered to the
complainant’s wife. The complainant failed to
contact the Secretariat of Internal Affairs.
4.2 The State party submits that the Municipal
State Prosecutor’s Office in Novi Sad received a
report from the Secretariat of Internal Affairs of
Novi Sad, on 2 October 1997, which confirmed that
after checking its files, it was established that the
complainant had not been brought to nor detained in
any of its premises. The Secretariat of Internal
Affairs provided the same information on 4 February
1999, at the request of the Municipal State
Prosecutor’s Office of 23 December 1998.
3.4 The complainant claims a violation of articles
13 alone or read in connection with article 16 of the
Convention, as despite exhausting all criminal
domestic remedies, 54 months following the incident
and almost 34 months after the submission of his
criminal complaint he has received no redress for the
violation of his rights. To date, the State party’s
authorities have not even identified the police officer
concerned.4
4.3 Finally, the State party submits that the
complainant and two other persons had perpetrated
38 offences in the Czech Republic, for which they
were sentenced to 10 years of imprisonment. The
Municipal Court of Novi Sad ordered that the
complainant’s name be placed on a list of wanted
persons, to serve prison sentence N° I.K. 265/97 of 5
May 1998.5 It submits that, on 25 September 2002,
the complainant was still in the Czech Republic.6
3.5 Article 14 is said to be violated since the
complainant was denied a criminal remedy and has
thus been barred from obtaining fair and adequate
compensation in a civil lawsuit. The complainant
explains that under domestic law, there are two
different procedures, through which compensation
for criminal offences may be pursued: by criminal
proceedings under article 103 of the CPC following
criminal proceedings, or/and by civil action for
damages under articles 154 and 200 of the Law on
Obligations. The first avenue was not an option, as
no criminal proceedings were instituted and the
second was not availed of by the complainant, as it is
the practice of the State party’s courts to suspend
civil proceedings for damages arising from criminal
offences until prior completion of the respective
criminal proceedings. Even if the complainant had
attempted to avail of this recourse, he would have
been prevented from pursuing it, as under articles
186 and 106 of the Civil Procedure Code he would
have to identify the name of the respondent. Since
the complainant to date remains unaware of the
name of the officer against whom he is claiming
violations of his rights the institution of a civil action
would have been impossible.
5.1 On 25 November 2003, the complainant
commented on the State party’s submission and
argues that it suggests that as a convicted criminal he
is not entitled to complain against police illtreatment, and that given the circumstances, the
investigating authorities did everything to investigate
the incident at issue and provide redress. He recalls
that the authorities did not interview anyone
connected with the incident and ignored the medical
certificate documenting the injuries sustained by the
complainant. It did not interview the complainant’s
sister, who had nursed him after the incident, the
doctor who examined him, the police officers on
duty the day the incident occurred, or the
complainant’s lawyers. Neither did they request the
Czech authorities through inter-State legal assistance
to interview the complainant.
5.2 He submits that apart from the State party’s
failure to investigate the incident, it has failed to
provide the Committee with a plausible alternative
explanation as to how the victim’s injuries could
have been inflicted other than through acts of its
agents. In the complainant’s view, by failing
seriously to contest the facts and/or the legal
arguments put forward, the State party has in effect
expressed its tacit, yet clear, acceptance of both.7
State party’s submission on admissibility and merits
and complainant’s comments
4.1 On 14 January 2003, the State party provided
its submission on the admissibility and merits of the
complaint. It contests the complainant’s allegations
and submits that police officers of the Secretariat of
Internal Affairs in Novi Sad attempted three times to
5
No further information is provided on this conviction.
It does not state for how long the complainant has been
in the Czech Republic.
7
In this regard, he refers to decisions of the Human Rights
Committee in particular communication N° 88/1981,
6
4
The complainant refers to communication N° 59/1996,
Encarnación Blanco Abad v. Spain, Views adopted on 14
May 1998.
87
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