Serbia and Montenegro: Visits & Communications

Serbia and Montenegro: Death in Custody of Dejan Petrovic

Violation alleged: Death in custody

Subject(s) of appeal: 1 male

Character of reply: Cooperative but incomplete response

Observations of the Special Rapporteur

The Special Rapporteur appreciates receiving the autopsy results from the Government of Serbia and Montenegro. However, the SR remains concerned at the lack of a thorough investigation into the allegations.  A finding that Dejan Petrovic died “following a thrust through a glass window” is consistent with either suicide or murder and should have led to a broader investigation.  The SR would appreciate further information concerning subsequent public or private prosecution of the case.   

Allegation letter sent on 15 November 2004 with the Special Rapporteur on torture, reproduced from E/CN.4/2005/7/Add.1 at par. 636

636. Allegation sent with Special Rapporteur on torture, 15 November 2004. Dejan Petrovic, aged 29, Belgrade. On 16 January 2002 he was arrested on suspicion of theft and spent the night in the lock-up in Božidara Adžije Street. At about 9am the next day, three police inspectors (whose names are known to the Special Rapporteurs) brought him to his parents’ apartment with a warrant to search his room. His father reported, “They brought Dejan in with his hands cuffed. His lips were blue, as if something wasn't right. I didn't notice any injuries on his face. However, Dejan didn't say a word the whole time.” At noon that day, the police informed his parents that he had leapt from a second floor window and that he was in a coma at the Emergency Treatment Centre. He sustained a ruptured spleen and gall bladder, a damaged liver and pancreas, broken ribs, a fractured left femur, and a large hematoma on his head. He was in a coma for two weeks and died on 15 February. On 18 February, an autopsy was performed at the Institute of Forensic Medicine. The pathologists established that death was due to violence and caused by damage to vital brain centres and ensuing complications. They also found that the brain damage, fractures and other internal and external injuries sustained were due to blunt force trauma. A criminal complaint was first filed with the Third Municipal Prosecutor's Office and, in April 2002, the District Prosecutor's Office. However, the prosecutor has not asked for an investigation, nor has he dismissed the complaint, which would have enabled the parents to proceed as private prosecutors. The medical records were transferred to the Belgrade Institute of Forensic Medicine on 12 September 2003 for an expert opinion on the injuries sustained. 

Response of the Government of Serbia and Montenegro dated 25 May 2005

On 1 February, Mr. Dragomir Petrovic filed a criminal complaint against police officers of the Vracar (Belgrade) Police Station for the criminal offence of extraction of statement under Art. 65, para. 2, in connection with para. 1, of the Criminal Code of the Republic of  Serbia. On 12 February 2002, the Office of the Public Prosecutor requested the Emergency Department of the Clinical Centre of Serbia to provide information and documentation on the injury and treatment of Mr. Dejan Petrovi, while the Vracar Police Station was asked to forward all available documents relative to that case. On 15 February 2002, the Belgrade Police Department forwarded a supplementary report on the incident of 16 January 2002, while on 15 May 2002 the Institute of Forensic Medicine of the Faculty of Medicine in Belgrade provided the minutes of the findings of the post mortem examination carried out on the body of the late Dejan Petrovic.

Upon collection of relevant documents, the Office of the District Public Prosecutor of Belgrade recommended the investigative magistrate of the District Court of Belgrade on 18 September 2003 to issue an order to the effect that medical expertise be carried out, which order was issued and forwarded to the Institute of Forensic Medicine on 8 October 2003. The Insitute returned the documents relative to the case with its finding and opinion on 15 September 2004, from which it transpired that all injuries diagnosed in respect of Dejan Petrovic had been caused by a fall and a thump on the floor following a thrust through a glass window. It further transpired that, during the treatment at the post mortem examination, no other injuries had been found as would have been consistent with some other means capable of inflicting injury. A representative of the Humanitarian Law Centre was also advised of, and had insight into the finding and the opinion.

In view of the contents of the finding and the opinion, the Office of the District Public Prosecutor in Belgrade rejected the criminal complaint and informed the complainant accordingly, advising him of the available remedy. In line with the advice, the complainant took over the criminal prosecution of the case.