CAT/C/34/D/171/2000
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for tests.” The complainant also provides a statement from his sister, who states that
he was arrested at 6.30 in the morning on 5 February, held in detention until 7.30 pm,
and that upon return his face was swollen, and he had bruises on his shoulders, back,
legs and over his kidneys. There was clotted blood on his legs and his backside was
dark blue all over. He had to stay in bed for ten days and put on compresses, and take
pills for the pain. He told her that he had been beaten with a steel wire and baseball
bats and fainted from the beating.
2.3 Fearing possible reprisals by police and not fully aware of his legal rights, the
complainant did not file a criminal complaint with the Novi Sad Municipal Public
Prosecutor's Office until 7 November 1996, in which he alleged that an unidentified
police officer had committed the crime of extracting a statement by force in violation
of 65 of the Serbian Criminal Code (SCC). According to the complainant, he had been
arrested several times prior to the incident in question and had been interrogated about
several unrelated criminal offenses. The complainant considers that the ill-treatment
to which he was subjected was intended to obtain his confession for one or more of
these crimes.
2.4 The complaint was immediately registered by the Public Prosecutor's Office. But
only on 17 September 1999 (more than three and a half years (43 months) following
the incident at issue and 34 months since the complainant filed the criminal complaint)
did the Public Prosecutor's Office request the investigating judge of the Novi Sad
Municipal Court to undertake preliminary "investigatory actions". Such investigation
precedes the possible subsequent institution of formal judicial investigations, for
which the identity of the suspect must be ascertained. The investigating judge of the
Novi Sad Municipal Court accepted the public prosecutor's request and opened a case
file. Since that date, the prosecuting authorities have taken no concrete steps, with a
view to identifying the police officer concerned. According to the complainant, if the
intent of the investigating judge was really to identify the police in question, he could
have heard other police officers present in the police station at the time of the abuse,
and especially the on-duty shift commander who must have known the names of all
officers working that particular shift. Finally, the complainant indicated in his
criminal complaint that during his detention in the police station he was taken to the
Homicide Division, which in and of itself could have served as one of the starting