The complaint
Institute for an examination. However, he never
received the report and was told that it had been sent
to the investigating judge. The case file (No. Kri.
922/97) was examined on several occasions by the
complainant’s counsel but did not contain the report.
In response to queries from counsel, the Medical
Institute stated in a letter, dated 30 September 1999,
that the report had been forwarded to the judge of
the Novi Sad District Court.3 To date this report has
not been found in the case file.
3.1 The complainant claims that he has exhausted
all available criminal domestic remedies by having
filed a complaint with the Public Prosecutor’s
Office. In the complainant’s view, civil/
administrative remedies would not provide sufficient
redress in his case.4
3.2 The complainant submits that the allegations
of violations of the Convention should be interpreted
against a backdrop of systematic police brutality to
which the Roma and others in the State party are
subjected, as well as the generally poor human rights
situation in the State party.5 He claims a violation of
article 2, paragraph 1, read in connection with
articles 1, and 16, paragraph 1, for having been
subjected to police brutality inflicting on him great
physical and mental suffering amounting to torture,
cruel, inhuman and/or degrading treatment or
punishment, for the purposes of obtaining a
confession, or otherwise intimidating or punishing
him.6
2.5 Also on 24 November 1997, the complainant
filed a criminal complaint with the Municipal Public
Prosecutor’s Office in Novi Sad. He gave a detailed
account of the incident and alleged that the
following crimes had been committed “extraction of
statements, civil injury and slight bodily harm.” He
also submitted a medial certificate allegedly relating
to injuries caused to the complainant by police
violence in 1994 (unrelated to the incident in
question), a medical report dated 18 November 1997,
the police release order, the Novi Sad District Court
Order, and photographs of his injuries. Despite many
inquiries as to the status of his complaint, including
a letter from the complainant’s lawyer, dated 3
March 1999, the Novi Sad Municipal Public
Prosecutor’s Office, has failed to date to respond in
any way to the complaint. Criminal proceedings
against the complainant with respect to the charges
against him for larceny (Case file No. Kri. 922/97)
also remain pending. The complainant is currently
serving a four-year prison term for larceny in the
Sremska Mitrovica Penitentiary, unrelated to case
file, No. Kri 922/97.
3.3 He claims a violation of article 12 alone
and/or read in connection with 16, paragraph 1, as
the State party’s authorities failed to conduct an
official investigation into the incident, which gave
rise to this complaint and failed to respond to queries
on the status of the complaint. Since the public
prosecutor’s office failed formally to dismiss his
criminal complaint, he cannot personally take over
the prosecution of the case. The complainant alleges
that 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.
2.6 According to the complainant, under article
153 (1) of the CPC, if the public prosecutor finds on
the basis of the evidence, that there is reasonable
suspicion that a certain person has committed a
criminal offence, he should request the investigating
judge to institute a formal judicial investigation
further to articles 157 and 158 of the CPC. If he
decides that there is no basis for the institution of a
formal judicial investigation, he should inform the
complainant of this decision, who can then exercise
his prerogative to take over the prosecution of the
case on his own behalf—i.e., in his capacity of a
“private prosecutor”. As the Public Prosecutor did
not formally dismiss his complaint, the complainant
concludes that he was denied the right personally to
take over prosecution of the case. As the CPC sets
no time limit in which the public prosecutor must
decide whether or not to request a formal judicial
investigation into the incident, this provision is open
to abuse.
3
3.4 The complainant claims a violation of articles
13 alone or read in connection with article 16 of the
Convention, as despite exhaustion of domestic
remedies all criminal domestic remedies, he has
received no redress for the violation of his rights.
4
He refers to international jurisprudence to support this
claim.
5
In this context, the complainant provides reports from
various national and international non-governmental
organizations and the Concluding Observations of CAT of
1998, A/54/44, paras. 35–52.
6
To support his argument that the treatment he received
was torture, cruel, inhuman and/or degrading treatment or
punishment, he refers to the United Nations Code of
Conduct for Law Enforcement Officials, the United
Nations Body of Principles for the protection of All
Persons under Any Form of Detention or Imprisonment,
the United Nations Basic Principles on the Use of Force
and Firearms by Law Enforcement Officials, the Council
of Europe’s Declaration on the Police and the European
Court of Human Rights.
This letter has been provided.
90
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