[
I. GENERAL DATA .........................................................................
1 - 21
II. INFORMATION REGARDING INDIVIDUAL
PROVISIONS OF THE CONVENTION ..................................... 22 - 101
Article 2 ......................................................................................... 22 - 41
Article 3 ......................................................................................... 42 - 53
Article 4 ......................................................................................... 54
Article 5 ......................................................................................... 55 - 56
Article 6 ......................................................................................... 57 - 60
Article 7 ......................................................................................... 61 - 62
Article 8 ......................................................................................... 63 - 65
Article 9 ......................................................................................... 66 - 67
Article 10 ....................................................................................... 68 - 75
Article 11 ....................................................................................... 76 - 87
Article 12 ....................................................................................... 88 - 89
Article 13 ....................................................................................... 90 - 91
Article 14 ....................................................................................... 92 - 96
Article 15 ....................................................................................... 97
Article 16 ....................................................................................... 98 - 101
I. GENERAL
DATA
Introductory comments
1.
Pursuant to the obligation under article 19 of the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter,
the Convention), the
2.
The competent bodies of the
3.
Since the submission of the initial report of the
4.
Through the Agreement on Normalization of the Relationship between the
5.
On
6.
The Republic or Croatia has, in the last few years, strengthened its cooperation
with the Hague Tribunal and expressed full cooperation with it and is, at
this moment, sanctioning war crimes itself, regardless of the citizenship,
nationality, religion, political affiliation and sex of the offenders.
7.
The Croatian Parliament introduced the Law on Changes and Amendments to
the Penal Law on
Constitutional and legal frameworks
8.
The Constitution of
9.
Articles 14 to 69 of the Constitution of the
International agreements
10.
Under the terms of article 141 of the Constitution, the international agreements
in force which were concluded and ratified in accordance with the Constitution
and then published constitute part of the internal legal order of the Republic
of Croatia and are hierarchically above the law with regard to their legal
force.
11.
The Republic of Croatia has to date become a State party to many international
agreements on human rights and during the last three years it has signed,
among others, the Criminal Law Convention on Corruption of the Council of
Europe (8 November 2000). The
Incrimination of criminal acts of torture
12.
The Criminal Code of the Republic of Croatia, which entered into force
on 1 January 1998, is the first law in the Republic of Croatia
to incriminate the act of “torture” according to the definition of the Convention
(article 176 expressly envisages the criminal act of torture and other cruel,
inhuman and degrading treatment). The
definition states that “an official or any other person who, acting with the
encouragement or the express or tacit approval of an official person, causes
serious bodily or physical pain to a person with the purpose of obtaining
from this person or some other person information or a confession, or with
the intention to punish this person for a criminal act committed by this person
herself/himself or some other person, or is under suspicion of having committed
a criminal act, or with the purpose of intimidating this person or to put
her/him under pressure, or owing to any other reason based on any other form
of discrimination, shall be punished by the penalty of imprisonment from one
to eight years”.
13.
Arrested and convicted persons should be treated humanely with respect
for their personal dignity (art. 25/I of the Constitution). This is also stated in the Law on the Execution
of Criminal Sanctions.
14.
In addition, article 29/3 of the Constitution prescribes that “evidence
obtained illegally cannot be used in a judicial proceeding”. Pursuant to this principle, the Criminal Procedure
Act (Official Gazette No. 110/97) not only bans the use of coercion during
testimony (arts. 4/3, 225/7, 226, 235, 265/4), but also bans the use of such
statements as evidence (arts. 225/9, 235).
Competent bodies
15.
In cases of violation of the provisions of the Convention, the competent
bodies are the courts of law, the Attorney-General, the police, the Ombudsman,
and other administrative bodies. The
courts of law pass judgements based upon the Constitution and the laws (art. 118/3
of the Constitution) and ensure equality before the law (art. 26).
The police act in the same manner on the basis of the Constitution
and the existing laws which regulate their activity.
Courts of law and punishment
16.
According to the Judiciary Act, the courts of general competence and specialized
courts are competent for violations of the Convention’s provisions.
The general competence courts are: the municipal courts, which prosecute
criminal acts for which the penalty of imprisonment for less than 10 years
is envisaged; the district courts, which are competent for prosecuting criminal
acts for which the penalty of imprisonment is more than 10 years; and the
Supreme Court of the Republic of Croatia, which decides on cases of appeal
and extraordinary legal remedies. The
specific domain courts are: the Court
of Commerce, the Magistrates’ Court and the Constitutional Court of the
17.
The execution of criminal sanctions against adult and minor perpetrators
in the
18.
All these penal institutions can accommodate 2,300 persons, 42 per cent
in closed-type institutions, 48 per cent in semi-open and open-type
institutions and 10 per cent in the
Number of persons sentenced to prison
Year |
No. of prisoners |
1997 |
1 287 |
1998 |
1 258 |
1999 |
1 202 |
2000 |
1 270 |
Legal remedies
19.
The basic legal remedies which are at the disposal of persons who are victims
of torture or other cruel, inhuman or degrading treatment or punishment are:
(a) the right to report such cases to the administrative bodies responsible
for monitoring of conduct (the Ministry of the Interior for police conduct
during questioning, prison governors and the Ministry of Justice, Administration
and Local Self-Government for cases pending execution of penalty of imprisonment);
(b) the right of appeal directly to the Attorney-General’s Office within three
days after the commission of illegal or irregular police conduct during investigation;
(c) the right to file a criminal charge on the basis of individual criminal
acts with the Attorney-General and the right of a victim to institute criminal
proceedings on his own, as a private complainant, against a perpetrator; and
(d) the right to compensation.
Current situation and difficulties
20.
During the last five years the state of security on the overall territory
of the
21.
The Government of the
II. INFORMATION REGARDING INDIVIDUAL
PROVISIONS OF THE CONVENTION
Article 2
22.
The legal system of the
23.
As was pointed out earlier, the ban on torture enshrined in the Constitution
cannot be derogated from even in exceptional circumstances (art. 17, para.
3, of the Constitution), while the Criminal Procedure Act bans all kinds of
cruel methods which might be used against persons involved in criminal proceedings.
Article 29, paragraph 4, of the Constitution stipulates that evidence
obtained in an illegal manner cannot be used in a trial.
The Law on the Police Force also determines supervisory measures in
the police force and prescribes disciplinary procedures and sanctions (arts.
110-122).
24.
The employees of the Ministry of the Interior take into account the provisions
of the Criminal Procedure Act and the Law on Internal Affairs (current Law
on the Police Force). The Ministry of
the Interior daily monitors the legality, professional quality, tactfulness,
politeness and correctness of police officers’ conduct towards citizens, all
to the effect of better protection of human rights.
25.
The legality of police officers’ conduct is one of the principal factors
in evaluating the functioning of the overall police organization, and the
Ministry of the Interior pays special attention to it through the implementation
of educational, supervisory and disciplinary measures at all levels of work.
26.
In accordance with this view, the Ministry of the Interior has, through
the modifications to the Law on Internal Affairs, that is through introducing
the Law on the Police Force, established certain protective democratic mechanisms
which prescribe that all civil servants and employees of the Ministry of the
Interior have a duty to protect and preserve human life and dignity and that
they may use only those measures and coercive means which are specified by
law, and the use of which has the least damaging effect, in performing their
official duties. This excludes any possibility
of arbitrary conduct. Altogether, this
law guarantees the inviolability of human dignity and human rights and, at
the same time, confines police conduct within certain limits.
27.
Moreover, the procedure to be followed in cases of complaints against police
conduct is precisely prescribed. For
example, if a citizen reports any kind of maltreatment or other police misconduct,
the Ministry of the Interior is obliged to inform the complainant, within
30 days, of the actions taken in relation to the complaint.
This is an additional means of protection in the fight against covering
up any form of human rights violation during policing or preventing such violations,
especially in the case of the types of violations stated in the Convention.
28.
The legal use of coercive measures within the scope of police activities
is one of the most delicate issues in policing and it is the field in which
the police are most likely to engage in excessive interference in the area
of human rights and freedoms. In order
to prevent all forms of illegal use of coercive measures, the police authorities
daily undertake various steps, like the efficient supervision at each level
of activities within the Ministry of the Interior, permanent expert training
courses, and careful scrutiny of every case of exceeding authority. It should be pointed out that in cases of exceeding
authority in the use of legal coercive measures, a police officer is exposed
to very severe disciplinary accountability and to criminal accountability
also if he has committed a criminal act.
29.
In 1998, 580 cases of the use of coercive measures were recorded; that
is 26.6 per cent more than in 1997 when coercive measures were used
458 times. Out of the total number of
coercive measures used in 1998, 10 were unfounded (12 in the previous year). During 1999, the number of cases of coercive
measures used increased by 18.1 per cent (685 cases) over the previous
year. Out of the total number, 671 cases
were determined to be founded and the other 14 cases unfounded.
In 2000, the number of cases of the use of coercive measures increased
in relation to 1999 by 39.4 per cent; 955 cases were recorded, of
which 940 were determined to be founded and the other 15 as unfounded.
Use of coercive measures for the period from 1997 to 2000
Year |
Use of coercive measures |
Application of coercive measures |
Consequences of the use of coercive measures |
|||||
Open space |
Closed space |
Bodily force |
Truncheon |
Firearms |
Killed |
Slightly injured |
Severely injured |
|
1997 |
320 |
138 |
343 |
17 |
10 |
3 |
154 |
6 |
1998 |
399 |
181 |
446 |
21 |
11 |
3 |
184 |
7 |
1999 |
476 |
209 |
501 |
22 |
9 |
1 |
247 |
7 |
2000 |
699 |
256 |
656 |
29 |
19 |
1 |
317 |
16 |
30.
Coercive measures have been used in most cases for the purpose of repulsing
an attack or overcoming resistance and they have also been used to apprehend
suspects. Owing to the use of coercive
measures: in 1997, 199 policemen received
minor injuries and 4 received serious injuries; in 1998, 208 policemen received
minor injuries and 10 policemen serious injuries; in 1999, 274 policemen
received minor injuries and 4 serious injuries; in 2000, 340 policemen
received minor injuries and 12 serious injuries. By reason of the inappropriate use of coercive
measures, exceeding authority or other disciplinary infringements regarding
the use of coercive measures, in 1997, 13 disciplinary procedures were initiated,
15 in 1998, 21 in 1999 and 13 in 2000 against the police officers concerned.
31.
The basic law which regulated the activities and conduct of the authorized
officials
32.
In defining police powers, we had to determine the role of the police force
in contemporary society - the concern for the maintenance of peace, order
and security, which includes the responsibility for ensuring the citizen’s
security, so that everyone can live peacefully and go wherever they like in
safety. Such an approach to police affairs
classifies policing in the domain of prevention, which is in accordance with
other States’ policies. But, one should
not completely exclude the repressive police activities, which are defined
as “investigating criminal acts, finding and seizing perpetrators and bringing
them before the competent bodies”. Such
overlapping of the two domains - prevention and repression - is known in the
Croatian legal tradition and is supported by the stated Law. In the
33.
It is important to mention the Constitutional Court decision (Official
Gazette 29/00) which revoked the provision of article 18 of the Law on Internal
Affairs which prescribed that in matters relevant to State security, the Minister
of the Interior may decide, by resolution, that such measures should be taken
against natural and legal persons and bodies which deviate from the principle
of inviolability of secrecy of correspondence. Such an action is to be reported, as soon as
possible, to the President of the Republic.
Regarding the fact that it is necessary that the legislation of the
Republic of Croatia comprehend regulations that provide for protection of
the country’s national security, which is also one of the legitimate justifications
for interference by public authorities into the private lives of citizens,
the Law on Internal Affairs was amended accordingly (Official Gazette No. 53/00)
and the newly adopted regulation is in accordance with the Convention for
the Protection of Human Rights and Fundamental Freedoms of 1950. The amendment relates to legal resolutions included
in article 17a, 17b, 17c, and 17d of the Law on Internal Affairs which specifies
in detail the time, the mode and the circumstances under which measures of
secret data-gathering can be used. It is regarded as a departure from the principles
of the inviolability of personality and secrecy of correspondence and other
forms of communication. Such regulation
is included in all contemporary legislation systems of democratic countries.
34.
In application of the principle regulated by article 2 of the Convention
for the Protection of Human Rights and Fundamental Freedoms, the use of force
is forbidden in the Croatian police force, except in cases when the legal
aims can justify such action. In addition
to the legal regulations which define the use of coercive measures, the Ministry
of the Interior records the developments in this area and issues instructions
and guidelines for confining the use of coercive measures to the most critical
cases. Moreover, the Ministry of the
Interior notes the legality of the use of coercive measures and in all the
cases of police officers’ misconduct towards citizens the Ministry undertakes
the necessary action.
35.
An example is the case of Riccardo Cetina, who was involved in an incident
on 1-2 September 1998 near Zečevo,
36.
The Head of the Šibenik-Knin Police Administration required the initiating
of disciplinary procedures against these policemen because there was reasonable
cause to believe they had committed a serious violation of service discipline
according to article 82, paragraph 1, point 1, of the Law on Internal Affairs
which was in force at the time (abuse of power and exceeding of authority).
The Disciplinary Court of the Šibenik-Knin Police Administration passed
a sentence of suspension from the police force for all six police officers.
After that, all six filed a complaint with the second instance disciplinary
court of the Ministry of the Interior which rejected the complaints and upheld
the disciplinary measure of suspension from the police force.
37.
In the pending process of modification of the penal legislation with the
purpose of more efficient protection from police intervention in the area
of basic human rights and freedoms, the police were deprived of the right
to decide on custody, which today pertains exclusively to the competence of
the court. This gives additional assurance
for the legal application of this measure.
38.
Since in policing special attention is paid to the legality of police conduct
and the correct use of mandates at all levels of operation in the Ministry
of the Interior of the Republic of Croatia, in conformity with the experience
of the European police force systems, the Internal Control Office was founded
in 1994 to deal only with disclosure and prevention of misconduct by police
officers in performing their duties. Misconduct
implies any irregular conduct by police officers or conduct contrary to established
police ethics. The adoption of a Police
Code of Ethics is pending.
39.
During 2000, the Internal Control Office analysed 613 petitions and complaints
from citizens, 341 in 1999 and 418 in 1998. Out of the total number of analysed cases in
2000, 132 were accepted, 87 in 1999 and 90 in 1998; the number of rejected
cases was 458 in 2000, 258 in 1999 and 322 in 1998. The most common reasons for lodging petitions
and complaints were abuse of power, exceeding of authority, unethical performance
of duty, failure to undertake appropriate measures, and unseemly conduct while
on duty. Regarding the accepted and
partially accepted reports and complaints, the Office has initiated disciplinary
measures, misdemeanour charges or criminal charges against the officers found
accountable, depending on the level of responsibility.
40.
Pursuant to article 158 of the Law on the Execution of Criminal Sanctions,
a convicted person has the right to file a complaint with the prison governor
regarding any violation of his rights, or any other irregular treatment.
The prison governor is obliged to consider each complaint, to take
a decision on each of them in a form of a resolution and to hand this to the
convicted person. If a convict files a complaint against this resolution
with the Ministry of Justice, Administration and Local Self-Government, the
prison governor is obliged to forward it to the Ministry together with the
relevant documents.
Review
of prisoners’ complaints concerning conduct of
members
of the judicial police
Year |
No. of complaints |
1997 |
11 |
1998 |
9 |
1999 |
16 |
2000 |
8 |
41.
According to the legal regulations, members of the judicial police may
use coercive measures only in cases when it is necessary to prevent the escape
of a convicted person, an assault against an employee, injury to another person,
self-injury, or material damage. The
use of firearms is allowed in cases when the use of bodily force, truncheons
or other coercive measures cannot suffice, if people’s lives cannot otherwise
be protected, or if an officer is unable to prevent a convicted person from
directly jeopardizing the lives of other officers, that is, in case of an
attack on a building or an escape. The
Ministry of Justice, Administration and Local Self-Government has to be informed
of every use of firearms against a convicted person.
Review
of use of coercive measures by members of the judicial police
Cases of use of coercive measures |
No. of cases |
Total No. |
|||
1997 |
1998 |
1999 |
2000 |
||
Singling out |
35 |
20 |
24 |
42 |
121 |
Handcuffing |
12 |
2 |
18 |
7 |
39 |
Singling out and handcuffing |
14 |
10 |
8 |
10 |
42 |
Bodily force |
8 |
5 |
17 |
21 |
51 |
Singling out, handcuffing and bodily force |
15 |
3 |
14 |
12 |
44 |
Rubber truncheon |
6 |
7 |
14 |
11 |
38 |
Singling out, handcuffing, bodily force and rubber truncheon |
6 |
7 |
14 |
11 |
38 |
Total |
96 |
54 |
99 |
84 |
373 |
Review
of disciplinary measures against members of the judicial police
Year |
No. of measures |
No. of suspension proceedings |
1997 |
35 |
7 |
1998 |
30 |
9 |
1999 |
47 |
10 |
2000 |
28 |
7 |
Total |
140 |
33 |
Note: The table shows the number of disciplinary proceedings against
members of the judicial police before the Disciplinary Court of this Ministry,
related to all forms of violation of service covered by the regulations.
Article 3
42.
The Ministry of the Interior is drafting the Asylum Law and the new Law
on the Movement and Stay of Aliens in cooperation with UNHCR, the Ministry
of Labour and Social Welfare, the Ministry of Foreign Affairs and other bodies
which deal with the protection of human rights.
43.
The issue of the status of refugees and displaced persons is one of the
most comprehensive and difficult issues with which the world community is
confronted today. Therefore, in drafting
the Asylum Law, attention was paid to the fact that its provisions have to
be harmonized with all the international standards and regulations deriving
from international humanitarian law.
44.
As well as other European States, the Republic of Croatia has, in the past
few years, been confronted with a large increase in the number of illegal
migrants and all the related problems which are typical of other countries
hit by flows of migrants. The efficient
prevention of migration is directly related to the legal regulations, the
efficiency of the State administration and the funds at its disposal, and
especially the funds at the disposal of the police authorities. The data on
illegal migration to the Republic of Croatia for the last four years (1997,
1998, 1999 and 2000) clearly show an increasing trend:
in 1997, 8,303 persons were recorded as illegally crossing the State’s
border, 10,556 in 1998, 12,314 in 1999 and 24,180 in 2000.
Misdemeanour
and criminal charges against foreign
nationals,
1997 to 2000
Year |
No. of misdemeanour charges |
No. of criminal charges |
Total |
1997 |
8 465 |
883 |
9 348 |
1998 |
22 051 |
2 101 |
24 152 |
1999 |
14 389 |
1 581 |
15 970 |
2000 |
20 444 | 1 775 |
22 219 |
Total |
65 349 |
6 340 |
71 689 |
45.
On the grounds of their holders having committed a misdemeanour, in 1997,
3,700 residence permits were cancelled in administrative procedures, 5,908
in 1998, 3,157 in 1999 and 4,055 in 2000. With regard to the misdemeanours, the competent
courts decided on measures of removal from the Republic of Croatia in 2,364
cases in 1997, 3,250 cases in 1998, 2,456 cases in 1999 and 7,144 cases in
2000. The competent bodies also decided
on measures of expulsion from the territory of the Republic of Croatia in
104 cases in 1997, 167 cases in 1998, 120 cases in 1999 and as many as
576 in 2000. In 1997, 5,062 foreign
citizens were fined, 5,644 in 1998, 3,778 in 1999 and 5,586 in 2000.
46.
Foreign citizens who do not act in accordance with the measures pronounced
are subject to forcible removal. Such
was the case of 1,906 foreigners in 1997, 2,147 in 1998, 1,193 in 1999 and
1,789 in 2000. In some cases it was
not possible to remove a foreign citizen immediately because he/she did not
posses travel documents, or the country of citizenship was not accessible
by regular transport links. Such persons
were accommodated in alien reception centres:
1,034 in 1997, 934 in 1998, 522 in 1999 and 1,111 in 2000.
47.
In interpreting the above data it should be recalled that in 1998 war began
in Kosovo which reached its culmination with the NATO forces’ intervention
in 1999; this resulted in a decrease in the number of illegal migrants.
48.
Observing the criterion of voluntary consent, the return of Albanians from
Kosovo is at this moment possible only on the basis of the agreement on transit
permission for Yugoslav citizens obliged to leave the country of their current
stay. The Republic of Croatia signed
this agreement along with eight other countries in 1999. For this purpose citizens of Yugoslavia are asked
to sign a statement that they voluntarily consent to return to Yugoslavia. Other foreign citizens who wish to return to
their mother country which has been recognized as a State which violates human
rights also have to sign a statement voluntarily consenting to return to that
country. Such a procedure has become
part of the regular procedure for repatriation of the citizens of the Islamic
Republic of Iran.
49.
If a foreign citizen objects to forced removal to his mother country on
the grounds that there his human rights would be violated, he/she is not removed
from the Republic of Croatia, and the authorities try to find a solution to
the problem together with UNHCR. Usually,
a large number of such persons are accommodated in the UNHCR centre in Rakitje,
near Zagreb; most of them are Iranian and Afghani nationals, members of vulnerable
groups, families with children and sick people.
50.
The department responsible for illegal migrations at the Ministry of the
Interior of the Republic of Croatia (that is, the Division for the Execution
of Measures) gives its consent to the execution of measures of removal and
coordinates activities regarding the organization of the execution of forced
removal. Police officers are familiar
with the obligations under article 3 of the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, as well as
other international legal documents on the basis of which foreign citizens
may not be forcibly removed to countries where they might be subjected to
torture or other inhuman treatment.
51.
The Ministry of the Interior decides on applications for asylum, for extended
stay permits, for permanent residence permits and for the issuance of visas.
The following tables indicate the dynamics of the decisions on these
applications during the last four years.
Year |
Applications for refugee status |
1997 |
1 |
1998 |
26 |
1999 |
20 |
2000 |
23 |
Year |
Applications for extended stay permits |
1997 |
6 881 |
1998 |
6 642 |
1999 |
5 847 |
2000 |
5 084 |
Year |
Applications for permanent residence |
1997 |
8 252 |
1998 |
4 552 |
1999 |
1 845 |
2000 |
1 349 |
Year |
Stay on the grounds of issued business visas at 31 December 2000 |
1997 |
141 |
1998 |
348 |
1999 |
307 |
2000 |
501 |
52.
It should be pointed out that since 1997 the new Law on Public Assembly
has been in force (Official Gazette 128/99).
The Law on Public Assembly came as a result of the need for regulations
harmonizing the views on implementation of the Convention for the Protection
of Human Rights and Fundamental Freedoms. It
is grounded on the basic constitutional regulations on human rights and rights
of citizens, and has the effect of:
- Recognizing freedom of public assembly and public protest for all the citizens (art. 42 of the Constitution);
- Guaranteeing freedom of opinion and expression; the freedom of expression of opinion refers especially to the freedom of speech and public appearance (art. 38, paras. 1 and 2);
- Banning incitement to or encouragement of war or use of force, national, racial or religious hatred, or any kind of intolerance (art. 39);
- Securing for religious communities freedom to perform their religious ceremonies (art. 41, para. 2); and
- Restricting the freedom and right of peaceful assembly or public protest only in order to safeguard the rights and freedoms of others as well as public order, public morals and health (art. 16).
53.
One of the basic reasons for which the Law was adopted was the necessity
for more comprehensive regulating of police powers in the implementation of
the Law. By the proposed Law, the police
forces gain an obligation to protect peaceful assembly and the powers to realize
the conditions necessary for the fulfilment of this obligation.
Article
4
54.
The Criminal Code standardizes the following criminal acts which relate
to torture and other inhuman and degrading treatment: violation of citizens’ equality (art. 106),
unlawful deprivation of liberty (art. 124), extortion of accusations
(art. 126), maltreatment in performing service or public mandates (art. 127),
coercion (art. 128), violation of the inviolability of home (art. 122),
illegal search (art. 123), violation of secrecy of correspondence (art. 130),
unauthorized recording and wiretapping (art. 131), torture and other
cruel, inhuman or degrading treatment or punishment (art. 176).
Number
of reported criminal acts in the Republic of Croatia which included
torture
and other cruel, inhuman or degrading treatment or punishment
Criminal Code article |
No. of reported criminal acts |
|||
1998 |
1999 |
2000 |
Total |
|
106 |
0 |
0 |
0 |
0 |
122 |
70 |
164 |
96 |
330 |
123 |
0 |
1 |
1 |
2 |
124 |
19 |
23 |
21 |
63 |
126 |
3 |
1 |
3 |
7 |
127 |
15 |
12 |
14 |
41 |
128 |
2 |
3 |
4 |
9 |
130 |
17 |
3 |
4 |
24 |
131 |
2 |
8 |
7 |
17 |
176 |
0 |
0 |
0 |
0 |
Number
of legally valid sentences for criminal acts which included torture
and
other cruel, inhuman or degrading treatment or punishment
Criminal Code article |
No. of legally valid sentences |
|||
1998 |
1999 |
2000 |
Total |
|
106 |
0 |
0 |
0 |
0 |
122 |
8 |
41 |
56 |
105 |
123 |
0 |
0 |
0 |
0 |
124 |
6 |
8 |
5 |
19 |
126 |
0 |
5 |
2 |
7 |
127 |
14 |
11 |
13 |
38 |
128 |
0 |
3 |
2 |
5 |
130 |
0 |
4 |
0 |
4 |
131 |
1 |
1 |
1 |
3 |
176 |
0 |
0 |
0 |
0 |
Article 5
55.
On the basis of the principle of the sovereignty of the Republic of Croatia,
the Criminal Code applies to every person who has committed a criminal act
on the territory of the Republic. As
was already pointed out in the initial report, the Criminal Code also applies
to every person who commits a criminal act on a Croatian-registered, or civil
aeroplane during a flight or in a military aircraft, regardless of its location
at the time of commission of a criminal act.
56.
Pursuant to article 14 of the Criminal Code, the Code applies to citizens
of the Republic of Croatia for offences committed abroad and when such persons
are found on the territory of the Republic of Croatia or have been extradited.
The same article of the Criminal Code applies to foreign nationals
who have committed a criminal act against the Republic of Croatia or against
its citizens outside Croatian territory, if these persons have been found
on the territory of the Republic of Croatia or extradited to the Republic
of Croatia.
Article 6
57.
As stated in the initial report, on the basis of the Criminal Procedure
Act, a person can be detained (in preliminary custody), according to precisely
regulated provisions, if there is a reasonable suspicion that he/she has committed
a criminal act. This measure can be
used only on the basis of an investigating judge’s injunction before whom
the detainee has been brought after first being questioned. The detention must be revoked even if the accused
does not request it, if the reasons for detention are no longer valid.
The detention has to be replaced by a more lenient measure (for example,
by the promise of the accused that he will not leave his place of residence,
by bail, etc.) whenever the legal conditions are met for such an action.
Upon the detainee’s request, the family or some other person of the
detainee’s choice has to be notified of the detention of the person concerned. Pending the preliminary proceedings, the accused
may be detained in custody for the maximum of one month from the date of arrest.
After this period, the
58.
Regarding the procedure for extradition of accused and convicted persons,
the Criminal Procedure Act prescribes that after submitting a request for
the extradition of a foreign national to the investigating judge, if there
are grounds for detention the investigating judge has to issue a warrant for
detention, except in cases where the application does not give the reason
for extradition. After the alien has
been identified, the investigating judge must inform him immediately about
the charges and evidence which give grounds for the extradition request and
also about the right of access to a lawyer.
If the criminal act requires access to a lawyer, a lawyer has to be
officially assigned to the accused.
59.
In cases of emergency, when there is a possibility that a foreign national
might escape, the police have the power to apprehend the foreign national
upon the request of a foreign body and to bring him before the investigating
judge. Such a request must contain the
necessary data and a statement that the extradition is going to be requested
through proper channels.
60.
After detention has been decided, the investigating judge, after interrogation,
has to inform the Ministry of Foreign Affairs via the Ministry of Justice,
Administration and Local Self-Government. If the reasons for detention cease to be valid,
or if the foreign State has not submitted an extradition request in due time
as determined by the judge, the foreign citizen must be released. This time period cannot be longer than three
months from the day of detention, but, at the foreign State’s request, the
District Court Council can, for a good reason, prolong this term for a maximum
of two months.
Article 7
61.
The principle aut dedere, aut judicare specified in article 7 of
the Convention is also incorporated in the Croatian legal system. As is the case in most Western European countries,
the courts of law supervise the process of extradition and the implementation
of extradition agreements. But since
extradition is considered to be an act of Government, the Republic of Croatia
has adopted the system of the so-called “judicial veto” for the cases when
County Court decisions denying extradition, become final. The cases are terminated by sending the relevant
decision to the foreign country. When
the court of law decides that the statutory and conventional preconditions
for extradition are fulfilled, this decision has to be forwarded to the Ministry
of Justice, Administration and Local Self-Government which finally decides
on the appropriateness of extradition.
62.
In cases where evidence exists that a criminal act has been committed abroad
and the extradition has not been approved, the Attorney-General shall, ex
officio, institute criminal proceedings against a foreign national. This application is submitted to the District
Court and the Croatian legal system guarantees that the person whose extradition
has been denied will be prosecuted and that he/she will be subject to trial
like everybody else, according to the principles of the Criminal Code of the
territory.
Article 8
63.
The Republic of Croatia has succeeded to or concluded the following bilateral
agreements on extradition:
- With Albania - Convention on extradition of sentenced persons of 1926 (Official Gazette No. 117/29 - succession);
- With Algeria - Agreement on legal assistance in civil and criminal matters of 1982 (Socialist Federal Republic of Yugoslavia Official Gazette, No. 2/83 - succession);
- With Austria - Agreement on extradition of 1982 (Official Gazette, No. 1/97);
- With Australia - Agreement on mutual extradition of sentenced persons of 1900 (Official Gazette, No. 1/97);
- With Belgium - Convention on extradition and legal assistance in criminal matters of 1971 (Official Gazette, No. 11/97);
- With Bulgaria - Agreement on mutual legal assistance of 1956 (Federal People’s Republic of Yugoslavia Official Gazette, No. 1/57 - succession);
- With the Czech Republic - Agreement on mutual transfer of sentenced persons of 1989 (Official Gazette, No. 11/97);
- With France - Convention on extradition of 1970 (Official Gazette, No. 4/96);
- With Greece - Convention on mutual legal assistance of 1959 (Official Gazette, No. 4/96);
- With Italy - Convention on extradition of 1922 (Official Gazette, No. 42/31 - succession);
- With Hungary - Agreement on mutual legal assistance of 1968 (Official Gazette, No. 13/97);
- With Mongolia - Agreement on rendering legal assistance in civil, family and criminal matters of 1981 (Official Gazette, No. 7/82 - succession);
- With the Netherlands - Agreement on extradition of 1896 (Serbian Gazette, No. 275 of 1896 - succession);
- With the Federal Republic of Germany - Agreement on extradition of 1970 (Official Gazette, No. 17/76 - succession);
- With Poland - Agreement on legal assistance in civil and criminal matters of 1960 (Official Gazette, No. 9/95);
- With Romania - Agreement on legal assistance of 1960 (Federal People’s Republic of Yugoslavia Official Gazette, No. 8/61 - succession; an additional protocol was signed in 1972 (Socialist Federal Republic of Yugoslavia Gazette, No. 4/73 - succession));
- With the Russian Federation - Agreement on legal assistance in civil, family and criminal matters of 1962 (Official Gazette, No. 4/98);
- With the United States of America - Convention on extradition of 1901 (Official Gazette, No. 33/32 - succession);
- With Slovenia - Agreement on extradition of 1994 (Official Gazette, No. 5/95);
- With Slovakia - Agreement on regulation of the legal relationship in civil, family and criminal matters of 1964 (Official Gazette, No. 11/97);
- With Spain - Agreement on legal assistance in criminal matters and extradition of 1980 (Official Gazette, No. 13/97);
- With Switzerland - Convention on extradition of 1887 (Official Gazette, No. 1/97);
- With Turkey - Convention on legal assistance in criminal matters of 1973 (Official Gazette, No. 13/97);
- With Great Britain - Agreement on mutual extradition of 1900 (Official Gazette, No. 11/97).
However, whereas the Republic of Croatia has been, since 1995, a party to the European Convention on Extradition of 1957, as well as to the Additional Protocols to the Convention, the application of this Convention prevails over the application of the bilateral agreements related to the States parties to the Convention.
64.
Except for the extraditions based on the agreements and the 1957 European
Convention, pursuant to the provisions of the domestic criminal law, it is
possible to carry out an extradition which is not related to an agreement.
This implies the establishment of reciprocity, regardless of the fact
whether the Republic of Croatia demands extradition or offers the establishment
of reciprocity, or whether the Republic of Croatia has received a request
and is offered reciprocity. Based on
article 9, paragraph 2, of the Constitution of the Republic of Croatia, the
Republic of Croatia does not extradite its own citizens.
65. The Republic of Croatia, on 19 April 1996, issued the Constitutional Act on Co-operation of the Republic of Croatia with the International Criminal Tribunal of 1991 (Official Gazette, No. 32/96). The Act derogated from the constitutional ban on the extradition of nationals of the Republic of Croatia, which complied with the condition for cooperation with the International Criminal Tribunal for the Former Yugoslavia.
Article 9
66.
Legal assistance and cooperation in criminal proceedings relating to criminal
acts regulated by the Convention are affirmed on the grounds of bilateral
conventions which are in force in the Republic of Croatia and on the grounds
of national provisions included in the Criminal Procedure Act which renders
such acts possible even beyond the Convention.
67.
All the conventions and national law provide foreign countries with certain
forms of assistance in criminal proceedings, including: document checks, interrogation of accused persons,
witnesses and experts, confiscation of goods and preventing their delivery
abroad, serving of summonses, transmission of data contained in police files
on the accused persons and other forms of assistance. The courts of law can approve legal assistance
at the request of the foreign countries’ courts of law and other foreign countries’
bodies, providing there are no specific circumstances which would be harmful
for the security or other important matters of interests of the Republic of
Croatia.
Article 10
68.
Instruction and professional training of police officers in the area of
the ban on torture and other cruel, inhuman and degrading treatment is conducted
as a part of the regular training programme at all levels of education and
training (the Police School and the Police Academy, which includes the Police
College).
69.
The content of the Convention is included in a few educational subjects
at several levels of training and education, the subjects being: Police Conduct Methods, Criminal Investigation
Methodology, subjects related to the Criminal Procedure Act and the Law on
Internal Affairs. This matter is also
incorporated in teaching Criminal Investigation Methods and Police Service
Rules, and also in some other law-related subjects.
70.
Regarding the issue of human rights, the judicial police are being trained
at the Training Centre in accordance with a syllabus for judicial police officers
and officers in charge of criminal prosecutions. During 1997 and 1998 there were no courses for
judicial police training. The first
such course was held in 1999 with 40 participants and in 2000, 65 police officers
were included in two training courses. The
course for 2000 also included a subject on human rights and the course was
attended by 30 civil servants of the judicial police who were working as the
responsible officers in bodies competent for criminal prosecutions.
71.
The provisions of the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment are included in the Police Academy syllabus
in the following subjects: Human Rights
and Police Ethics, Criminal Law, Police Organization and Policing, Tactics
and Criminal Investigation Methods, and Protection of the Constitutional Order.
72.
In an effort to prevent any form of unlawful conduct and in order to establish
a new and professional code of police ethics, especially in the use of coercive
measures, the police undertake a series of measures daily, including efficient
control of functions at every level of
73.
The Ministry of the Interior pays special attention to the lawfulness of
police conduct and the use of powers at all levels of work, especially in
cases of torture and other forms of violent conduct specified in the Convention.
74.
Likewise, in the education of military police officers a great deal of
attention is paid to the humane treatment of people. These officers are obliged to observe the dignity,
reputation and honour, as well as the physical integrity of all persons during
proceedings. Through their training
in the Military Police Educational Centre, military police officers gain knowledge
of the Criminal-Material Law and Criminal Procedure Act.
The training is conducted while performing regular military service
and also at different levels of training for non-commissioned officers and
officers pursuant to the relevant syllabus.
75.
The use of force and coercive measures is regulated in the same manner
for military police officers as for police officers.
Article 11
76.
A novelty in the penitentiary system is the setting up of the centre for
training of penitentiary employees. Up
to now, four training courses have been organized for security employees following
a new syllabus. The basic novelty of
this syllabus relates to training in communication skills and teamwork, which
were estimated as deficient in penitentiary personnel training.
Also, the number of hours devoted to the course Administering First
Aid was increased. Within the new plan for education and training,
136 security officers successfully finished the course. Training of penitentiary employees in administering
first aid will be included in the training for October 2001 of the Training
Centre. The course will be attended
by all the security officers who have not finished it yet from all district
penitentiaries and penal institutions.
77.
The conditions in the Lepoglava and Glina penal institutions will be improved
through some reconstruction work. In
the Lepoglava penal institution, one wing of the prisoners’ building is currently
under reconstruction and a new enclosure is being built. The building of an enclosure, which is currently
under way in Glina, will make it possible to separate categories of prisoners
and take a certain number of prisoners from the Lepoglava penal institution.
This wall will make the Glina penal institution a closed-type penitentiary
in which younger male prisoners will serve their sentences, that is young
male adult prisoners serving their first sentence.
78.
Things have changed in the Lepoglava penal institution regarding the treatment
of prisoners in the Intensive Surveillance Section. The House Rules were modified and amended in
a way that some criteria for sending prisoners to the Intensive Surveillance
Section were elaborated, so that every sentenced person gets a documented
decision on accommodation in a certain section of the prison. Every person has the right of appeal.
79.
The treatment of these prisoners is intensive and every prisoner is treated
by the same expert who treated him before he was sent to the Intensive Surveillance
Section. This treatment is done on an
individual basis. The treatment also
includes group therapy which is conducted by a group therapy specialist, at
least once a week.
80.
Once a month, the expert committee regularly reviews decisions on intensive
surveillance at the meeting of the Expert Council of the Treatment Service
and the decisions are modified according to the prisoners’ behaviour.
After the reconstruction of the Požega penal institution was completed
in December 2000, a new section was established - the Juvenile Delinquency
Section - and one more specialist for treatment was employed.
81.
In the Zagreb District Penitentiary, a semi-closed section called Vukomerec
was established for prisoners sentenced to less than six months who fulfil
the criteria for serving sentence in a semi-closed penitentiary and who earlier
served sentence in fully closed systems like the district penitentiary at
Bjelovar, Karlovac, Sisak, Varaždin and Zagreb. This way the district penitentiaries were relieved
and the conditions of imprisonment for persons sentenced to less than six
months were alleviated. The treatment
of sentenced drug addicts was intensified. Appropriate education and training was carried
out for all the penitentiary medical teams, treatment specialists and security
personnel of the district penitentiaries in Pula, Rijeka and Split and by
the end of the year, all other employees of the district penitentiaries shall
be involved in such treatment. Concurrently,
the instruction and training of therapy specialists was conducted for people
who are to work as therapists and in the Lepoglava Penal Institution, where
most of the drug addicts serve their sentences, some employees from the security
service, teams of trainers and specialists in treatment, underwent such training.
Anti-addiction therapy programmes are a part of the National Anti-Addiction
Programme and are conducted by specialists from the State Centre for Suppressing
Addiction within the “Sisters of Mercy” hospital.
82.
During 2000, treatment was started for a separate group of sentenced persons,
persons suffering from post-traumatic stress. The treatment of these prisoners is organized
and monitored by experts from the Psychological Medicine Clinical Hospital. The reconstruction of the premises for these
prisoners will be planned in accordance with the available funds.
83.
The former Law on the Police Force envisaged the possibility of detaining
citizens within the official premises for one day, at most. However, the new Law on the Police Force does
not include any provisions on detention.
84.
The issue of defining disciplinary responsibility of members of the Republic
of Croatia military forces is regulated by the Military Discipline Regulations
Code which is harmonized with the effective legislation of the Republic of
Croatia and with the international conventions, especially those pertaining
to the human rights domain. This sets
the ground for creating normative provisions for establishing accountability
for violations of military discipline in the Croatian military forces, which
are regarded as a modern military force built on Croatian tradition and the
positive experience of developed countries’ military forces.
85.
According to the Military Police Directorate records, in the period 1997-2000,
no disciplinary procedure was instituted against military police officers
on the grounds of cruel or degrading treatment or on the grounds of exceeding
authority in the use of coercive measures.
86.
The Military Discipline Regulations Code sets out the following: disciplinary measures and sanctions, mandates
to determine accountability for violations of discipline, instituting and
conducting disciplinary procedures, evaluation of the legality of disciplinary
measures, appeal procedures, execution of disciplinary sanctions, competence
for deciding responsibility for disciplinary offences, instituting and conducting
procedures for disciplinary offences, procedure for seeking legal remedy,
expenses incurred by disciplinary procedures, executing of disciplinary sanctions,
conducting procedures for reducing or mitigating disciplinary measures and
sanctions and granting pardons, recording and annulling disciplinary measures
and sanctions and deciding on disciplinary measures during a state of war.
87.
It needs to be pointed out that, according to the Military Service Law,
the Supreme Commander regulates military discipline rules, disciplinary measures
and disciplinary sanctions for violation of military discipline; he also decides
on the procedure for determining violations of military discipline, the passing
and execution of disciplinary measures, sanctions, and the powers, organization
and actions of the military discipline courts.
Article 12
88.
As stated in the previous report, in our legal system the institutions
competent for cases of torture and other cruel, inhuman and degrading punishments
and actions regulated by the Convention, are the courts of law, the Attorney-General,
the police, the Ombudsmen and administrative bodies.
89.
In the application of coercive measures, which are based on the regulations
in force and democratic standards, police must take care to safeguard the
lives and dignity of those against whom these measures are taken.
This issue is stressed in police practice.
Although, for the sake of objectivity, one has to be aware of the fact
that it is impossible for the authorized officers to completely avoid making
wrong decisions in actual work and in every possible situation, every such
case is subjected to scrutiny in order to determine if the action was legal.
Article 13
90.
If, in the application of legal coercive measures or in any form of police
conduct an officer exceeds his authority, a citizen has the right to file
a complaint within a three-day period with the Attorney-General who, for his
part, is obliged to determine the facts and institute criminal proceedings
if warranted. If the Attorney-General
decides that a criminal act which should be prosecuted ex officio has been
committed, he is obliged to inform the complainant within eight days. The complainant can himself institute criminal
proceedings.
91.
During 1997, the Ministry of Justice, Administration and Local Self-Government
received 81 complaints from citizens filed with the Attorney-General
relating to article 42 of the Criminal Procedure Act, 87 complaints in 1998,
102 complaints in 1999 and 169 complaints in 2000.
Article 14
92.
Every person in the Republic of Croatia against whom a sentence was wrongly
pronounced, or any person wrongly found guilty has the right to claim compensation
on the grounds of special legal remedy, pursuant to article 476 of the Criminal
Procedure Act.
93.
Pursuant to article 480 of the Criminal Procedure Act, the persons who
also have the right of compensation are the following: persons who have been detained without criminal
proceedings having been instituted, persons who have been acquitted by a decision
of a court of law, persons who have wrongly served time in prison, persons
whose penalty of deprivation of liberty has been diminished, persons who have
been deprived of liberty on the grounds of a mistake made by a State body,
or persons who have been detained in prison for too long.
Number of claims for indemnity by persons wrongly
detained and convicted
Year |
No. of claims received |
No. of claims settled |
No. of claims rejected |
1997 |
114 |
64 |
9 |
1998 |
183 |
91 |
20 |
1999 |
138 |
67 |
14 |
2000 |
140 |
78 |
16 |
Note: The difference between the numbers of received and settled claims is
due to the fact that some wronged persons lodge a complaint for compensation of damages to the competent court (pursuant to article 478, paragraph 1, of the Criminal Procedure Act) if they have not received a reply from the competent
ministry. The second reason is that some wronged persons whose claims have been settled in their favour do not accept the sums of money offered by the competent ministry because they consider it to be too small and such persons pursue their right to indemnity through a court procedure.
94.
If an applicant dies, his heirs have the right to claim indemnity or lodge
a new claim for compensation on the condition that the deceased did not revoke
his/her claim, or that the three-year statute of limitation has not expired.
95.
If a case related to an unfounded sentence has been announced by a public
means of communication and has damaged a person’s reputation, he/she also
has the right to moral satisfaction, which implies that the invalidated sentence
is to be announced in a newspaper or some other means of public communication.
In case of this person’s death, this right is inherited by a consort,
children, parents, brothers or sisters. This
claim has to be submitted to a court of law within a six-month period from
the date of acquittal and is not dependent on the lodging of a compensation
claim.
96.
A wrongly convicted person, or a person deprived of liberty on unlawful
grounds, who, owing to such a sentence or imprisonment has lost his/her job
or social welfare benefit, has the right to receive annual increments for
the period of non-employment.
Article 15
97.
According to its constitutional provisions, the Republic of Croatia does
not acknowledge illegally obtained evidence.
This is expressly elaborated in the Criminal Procedure Act in a way
that forbids the use of testimony obtained by force, deception, or in a similar
way. Moreover, this law stipulates that
the record of such questioning has to be removed from the case before the
beginning of a trial. Nevertheless,
if despite this the sentence of the criminal court is based on illegally obtained
evidence, such a sentence has to be invalidated in the appeal procedure.
Article 16
98.
In accordance with democratic practice, pending convening of a hearing
in a criminal case, a police officer may ask for information relating to the
case from a detained or imprisoned person only in the case when this has been
approved by the investigating judge or by the head of the institution in which
the person is being held.
99.
In performing their duty, police officers have the power to use force (bodily
force, truncheon, water gun, firearms, etc.) only in cases where they cannot
perform their duty otherwise. The range
and type of such coercive measures have to be in proportion to the circumstances
and the police officer has the obligation to issue a warning before using
any coercive measure. If the coercive
measures have been used legally, the police officer does not bear the responsibility.
Otherwise, the police officer is subject to disciplinary measures and criminal
liability.
100.
The Law on Internal Affairs, as well as the new Law on the Police Force,
precisely stipulates the use of coercive measures including expressly determined
use of firearms. Under article 62 of
the current Law on the Police Force, a police officer is authorized to use
firearms in cases when: other coercive
measures are not effective; a police officer is not otherwise able to protect
his life and other people’s lives (para. 1); he is not otherwise able to prevent
the commission of a criminal act for which a five-year sentence of imprisonment
or more is envisaged (para. 2); he is not able to prevent the escape
of a perpetrator of a criminal act for which a 10-year sentence of imprisonment
or more is envisaged; he is not able to prevent the escape of a person declared
wanted for a criminal act for which a 10-year sentence of imprisonment or
more is envisaged (para. 3); he is not able to prevent the escape of a person
who was arrested for the criminal act stated under article 3 or a person charged
for such criminal act and who has escaped from prison (para. 4).
101.
Before they use firearms, police officers are bound to warn a person by
uttering the first warning, “Stop, police!” and the second warning, “Stop,
or I will shoot”, if it is possible in a given situation and if enforcement
of the law is not challenged. The use
of firearms is not allowed if it puts other people’s lives in danger, except
in cases when the use of firearms is the only means of defence against a direct
assault or jeopardy.
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* For the initial report of Croatia, see CAT/C/16/Add.6; for its consideration, see CAT/C/SR.253 and 254 and Official Records of the General Assembly, Fifty-first Session, Supplement No. 44 (A/51/44), paras. 151-162. For the second periodic report, see CAT/C/33/Add.4; for its consideration, see CAT/C/SR.352, 353 and 359 and Official Records of the General Assembly, Fifty-fourth Session, Supplement No. 44 (A/54/44), paras. 61-71.
The information submitted by Croatia in accordance with the consolidated guidelines for the initial part of the reports of States parties is contained in HRI/CORE/1/Add.32/Rev.1.