Medicine in Belgrade. The autopsy report states that
the death was caused by damage to vital brain
centres caused by the fracture of cranial bones and
haemorrhage from the rupture of the aorta and the
torn blood vessels surrounding the multiple bone
fractures. These injuries “were inflicted with a
brandished, blunt and heavy object”.
sent to the Institute of Forensic Medicine for an
autopsy.
2.5 The report of the investigating judge states
that several police officers informed him that N.N.
had “categorically declined” to unlock the door after
having argued with the police for some time. When
they entered the flat, the deceased “had just jumped
out of the window.” M.K. confirmed that N.N. had
refused to open the door. When she tried to snatch
the keys of the apartment from his pocket, he told
her that he would rather escape through the window
than to open the door. Although she did not see what
happened in the room from where N.N. had tried to
escape, M.K. concluded from his absence that he had
jumped out of the window, when the policemen
entered the flat. She stated that there was no physical
contact between N.N. and the members of the police
intervention team. Apart from the cables tied to the
radiator, the report mentions that a white threesocket extension cable was hanging on a tree above
the sidewalk where the corpse of the deceased was
lying. One single- and one double-wire of around 2.5
metres length each were tied to the socket box—
probably the missing ends that had been torn from
the cables tied to the radiator. Lastly, the report
states that the investigating judge ordered the police
to interview all witnesses of the incident.
2.2 According to the police report, the
complainants’ son was found dead on the sidewalk
in front of building N° 2 at Pariske Komune Street in
Novi Beograd on 19 April 1994. He had fallen out of
the window of apartment N° 82 on the 10th floor of
the same building at 9.40 a.m. In an attempt to
escape his arrest by the police, he had connected
several cables and had tied them to a radiator. When
trying to descend to the subjacent window on the
ninth floor, the cables broke apart and N.N. fell on
the concrete pavement.
2.3 According to police inspector J.J., this
incident was preceded by the following events: On
19 April 1994, he and two other inspectors, Z.P. and
M.L., went to apartment N° 82 at 2, Pariske Komune
Street to arrest the complainant on the basis of a
warrant, as he was suspected of having committed
several property-related offences. Through a slit
above the threshold of the entrance door, they
noticed a shadow in the corridor. Assuming that N.N.
was in the apartment, they unsuccessfully called on
him to open the door. After having ordered an
intervention team to break the entrance door,
inspector J.J. warned N.N. that the police would
forcibly enter the flat, if he continued to refuse
opening the door. J.J. then went to the eleventh floor
and entered the flat located directly above apartment
N° 82. From a window, he saw N.N. looking out of
the window below. After having returned to
apartment N° 82, J.J. again called on N.N. to
surrender, promising that he would not be subjected
to physical violence. The intervention team then
broke the door of the apartment, where they only
found M.K., the girlfriend of the deceased, who was
crying and stated that N.N. had fallen out of the
window. Looking out of the window, J.J. saw the
body of a man lying on the sidewalk.
2.6 On 22 April 1994, the deputy public
prosecutor advised the complainants that he
considered that their son’s death had been caused by
an accident and that, accordingly, no criminal
investigation would be initiated.
2.7 On 18 July 1994, the complainants brought
charges of murder against unknown perpetrators,
asking for a criminal investigation to be initiated by
the Belgrade public prosecutor’s office. They
claimed that the police clubbed their son with a blunt
metal object, thereby causing his death, and
subsequently threw his corpse out of the window to
conceal the act. On 12 August and on 5 December
1994, the deputy public prosecutor informed the
complainants that no sufficient grounds existed for
instituting criminal proceedings, and advised them to
file a criminal report with the public prosecutor’s
office, submitting the evidence on which their
suspicion was based.
2.4 The deceased was identified as N.N., based on
documents found in one of his pockets, as well as by
M.K., and his death was established by a physician
of the Secretariat for Internal Affairs. At around
10:30 a.m., the investigating judge of the Belgrade
District Court, D.B., arrived together with the deputy
public prosecutor of the District of Belgrade
(hereafter “deputy public prosecutor”), V.M.,
inspected “the scene of the crime”, 1 interviewed
M.K. and ordered that the body of the deceased be
2.8 In the meantime, the investigating judge had
requested a commission of medical experts of the
Belgrade Institute of Forensic Medicine, composed
of the same doctors who had conducted the autopsy,
to prepare an expert opinion on the death of N.N. In
their report dated 22 November 1994, the experts
concluded on the basis of the autopsy report, as well
as other documents, that the location, distribution
and types of injuries observed on N.N. indicated that
they were the result of the fall of his body from a
considerable height on a wide, flat concrete surface.
1
The term “scene of the crime” is used in the police report
dated 19 April 1994.
93
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