CAT/C/35/D/172/2000 Page 7 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. The State party’s submission on admissibility and merits and the complainant’s comments thereon: 4.1 On 14 January 2003, the State party provided a submission, merely stating that it “accepts” the complaint. Following a request for clarification from the Secretariat, the State party made another submission, on 20 October 2003, in which it states that the “acceptance” of the complaint implied that the State party recognised the competence of the Committee to consider the complaint, “but not the responsibility of the State concerning the complaint in question”. In addition, it submitted that the Ministry on Human and Minority Rights of Serbia and Montenegro is still in the process of collecting data from the relevant authorities of the Republic of Serbia for the purposes of giving a response on the merits. The State party has provided no further information since that date. 5.1 On 25 November 2003, the complainant commented on the State party’s submissions. He submits that by failing seriously to contest the facts and/or his claims, the State party has in effect expressed its tacit acceptance of both. 9 Issues and proceedings before the Committee: Consideration of admissibility 6.1 The Committee notes the State party's failure to provide information with regard to the admissibility or merits of the complaint. In the circumstances, the Committee, acting under rule 109, paragraph 7 of its rules of procedure, is obliged to consider the admissibility and the merits of the complaint in the light of the available information, due weight being given to the complainant's allegations to the extent that they have been sufficiently substantiated. 6.2 Before considering any claim contained in a complaint, the Committee must decide whether or not it is admissible under article 22 of the Convention. The Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of the Convention that the same matter has not been, and is not being examined under another procedure of international investigation or settlement. With respect to the exhaustion of domestic remedies, the Committee has taken note of the information provided by the complainant about the criminal complaint, which he filed with the public prosecutor. It considers that the insurmountable procedural impediments faced by the complainant due to the inaction of the competent authorities made recourse to a remedy that may bring effective relief to the complainant highly unlikely. In the absence of pertinent information from the State party, the Committee concludes that in any event, domestic proceedings, if any, have been unreasonably prolonged since the end of November 1997. With reference to article 22, paragraph 4, of the Convention and rule 107 of the Committee’s rules of procedure the Committee finds no other obstacle to the admissibility of the complaint. Accordingly, it declares the complaint admissible and proceeds to its examination on the merits. 9 In this regard, he refers to decisions of the Human Rights Committee in particular Communication No. 88/1981, Gustavo Raul Larrosa Bequio v. Uruguay, Views adopted on 29 March 1983, para. 10.1.

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