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The Committee
against Torture,
Noting that the communication was declared admissible on 5 May 1992, and
that subsequent clarifications and explanations have been received from both
the author's counsel and the State party regarding the merits of the
communication,
Noting further that the author's counsel requested, by letter dated 2 March
1993, that a medical specialist examine the author's injury to his left eye
and that the State party, by note verbale on 13 April 1993, declared itself
willing to do so,
Considering that, on 5 December 1988, the author complained before the
investigating judge that he had been subject to torture, but that the State
party did not initiate an official investigation until over a year later, in
March 1990, following a criminal complaint filed by the author against
police inspector, Janulik,
Decides:
1. To request the State party to appoint, in consultation with the author's
counsel, an independent specialist in ophthalmology and, at his discretion,
other specialists or forensic experts to examine the author, in order to
determine the date of and the origin of the injury to the author's left eye
or its surroundings and also to examine the possibility of a link between
this injury, the time of its occurrence and the present condition of the
author's eyes and to transmit the results of said medical examination to the
Committee;
2. To request the State party to submit, with reference to article 12 of the
Convention, written explanations or statements clarifying the delay in
initiating the investigation of the author's allegations of torture;
3. To inform the State party that its information, clarifications or
observations should reach the Committee against Torture, within three months
of the date of the transmittal of this decision;
4. To transmit any information, clarifications or observations received to
the author and his counsel, as soon as possible, to enable them to comment
thereon, if they so wish. Any such comments should reach the Committee
against Torture in care of the Centre for Human Rights, United Nations
Office at Geneva, within six weeks of the date of the transmittal;
5. To communicate this decision to the State party, the author and his
counsel.
*/ All persons handling this document are requested to respect and observe
its confidential nature.
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