CAT/C/34/D/171/2000
Page 4
1 read in connection with articles 1; 16, paragraph, 1; and articles 12, and 13 and 14
taken alone and/or read in connection with article 16, paragraph 1, by Serbia and
Montenegro, of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment. He is represented by the Humanitarian Law
Center (HLC), based in Belgrade and by the European Roma Rights Center (ERRC),
based in Budapest, both non-governmental organizations.
The facts as presented by the complainant:
2.1 In the early hours of 5 February 1996, the complainant was arrested at his home in
Novi Sad, in the Serbian province of Vojvodina, and taken to the police station in
Kraljevica Marka Street. The arresting officer presented no arrest warrant nor did he
inform the complainant why he was being taken into custody. The complainant
himself made no attempt to resist arrest. During the ensuing interrogation, the
arresting officer struck the complainant repeatedly with a baseball bat and a steel
cable, and kicked and punched him all over his body. The complainant lost
consciousness on several occasions. Apart from brief breaks, the ill-treatment lasted
from 6.30 a.m. to 7.30 p.m., leaving the complainant with numerous injuries on his
buttocks and left shoulder. After 7.30 p.m., the complainant was released, again
without being given an arrest warrant or a release order; nor was he told of the reason
for his arrest and detention. According to the complainant, this was in contravention
of articles 192 (3), 195 and 196 (3) of the Criminal Procedure Code (CPC), which
deals with police powers of arrest and detention.
2.2 Following his release, the complainant returned home and spent the next 10 days
in bed, being nursed by his sister. On 9 February 1996, he went to see a doctor who
examined him and ordered continued bed rest. He prepared a report describing his
injuries as follows: "Left upper arm: livid-red and brown discoloration 10 x 8 cm with
slightly raised red edges; right shoulder blade and shoulder: livid-red discolorations in
the form of stripes 3 x 11 cm, and 4 x 6 cm on the shoulders; gluteal part of the body:
blue-livid discolorations of the size of a man's palm on both sides; outside of the left
mid-thigh: distinct red stripe 3x5 cm; inside of right knee: light blue swelling 5x5 cm;
area around ankle and soles (both legs): slight, light blue swelling.” The conclusions
and opinion was that the “Patient should be referred to a neurologist and a laboratory