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COUNCIL OF EUROPE

COMMITTEE
OF MINISTERS
SECRETARIAT / SECRÉTARIAT COMITÉ
DES MIN ISTRES
SECRETARIAT OF THE COMMITTEE OF MINISTERS CONSEIL DE t:EUROPE
SECRÉTARIAT DU COMITÉ DES MINISTRES

Contact: Zoe Bryanston-Cross


Tel: 03.90.21.59.62

Date: 25/03/2022
DH-DD(2022)353

Documents distributed at the request of a Representative shall be under the sole responsibility of the said
Representative, without prejudice to the legal or political position of the Committee of Ministers.

Meeting: 1436th meeting (June 2022) (DH)

Item reference: Action Report (23/03/2022)

Communication from Croatia concerning the group of cases of V.D. v. Croatia (Application No. 15526/10)

***********

Les documents distribués à la demande d’un/e Représentant/e le sont sous la seule responsabilité
dudit/de ladite Représentant/e, sans préjuger de la position juridique ou politique du Comité des Ministres.

Réunion : 1436e réunion (juin 2022) (DH)

Référence du point : Bilan d’action (23/03/2022)

Communication de la Croatie concernant le groupe d’affaires V.D. c. Croatie (requête n° 15526/10) (anglais
uniquement)
DH-DD(2022)353: Communication from Croatia.
Documents distributed at the request of a Representative shall be under the sole responsibility of the said
Representative, without prejudice to the legal or political position of the Committee of Ministers.

DGI
GOVE RNME NT OF THE REPUBLIC OF CROATIA
23 MARS 2022
OFFICE OF THE REPRESENTATIVE OF
THE REPUBLIC OF CROATIA BEFORE SERVICE DE L’EXECUTION
DES ARRETS DE LA CEDH
THE EURO PEAN COURT OF HUMA N RIGHTS

Class.: 004-02/18-05/04
Reg. No.: 50447-03/04-22-1~
Zagreb, 23 March 2022

ACTION REPORT

V.D. group v Croatia

V.O. v Croatia (App. no. 15526/10), leading judgment of 8 Novem


ber 2011, final on 8 February 2012
Mafalani v. Croatia (App. no. 32325/13), judgment of 9 July 2015,
final on 9 October 2015
Stitié v Croatia (App . No. 16883/15), judgment of 6 September
2018, final on 6 September 2018
Tadié v. Croatia (App.no. 10633/15), judgment of 23 November
2017, final on 9 April 2018

Address: Krleiin gvozd 17, lO000ZAGREB, CROATIA, Tel.: +38516


444 600, Fax: +38516 444 613,
E-mail.·ured@zastupnik-esljp.hr, Web: https://u redzast upnika.
gov.hr
DH-DD(2022)353: Communication from Croatia.
Documents distributed at the request of a Representative shall be under the sole responsibility of the said
Representative, without prejudice to the legal or political position of the Committee of Ministers.

1. CASE DESCRIPTION

1. These cases concern lack of effective investigations, between 2006 and 2017 into the applicants'
allegations of ill-treatment in hands of the police during their arrest (procedural violation of Article 3).
V.O. and Mafalani also concern the applicants' ill-treatment in hands of the police during the arrest in
2006 and 2008, respectively (substantive violation of Article 3).

2. Between 2006 and 2012 the police arrested the applicants using force. The police investigations
followed and ended shortly after with findings that the use of force was justified and lawful. The
subsequent criminal complaints against the police on account of the applicants' ill-treatment lodged
before the competent state attorneys were dismissed between 2007 and 2014. ln Tadié the proceedings
were pending during the European Court's examination of the case.

3. ln 2007 and 2013, the applicants in V.O. and $titié, respectfully, lodged indictments against the
police with the competent courts . ln V.O. one set of proceedings ended with the dismissal of the
indictment and in 2009 the Constitutional Court declined to examine the applicant's subsequent
constitutional complaint. The other set of proceedings was pending when the European Court rendered
its judgment. ln $titié the indictment was dismissed. Meanwhile the applicant in $titié filed a request for
an investigation before the domestic court which was dismissed in 2014 and his subsequent
constitutional complaint was dismissed in October 2014.

4. ln 2012 and in 2013 the applicant in Mafalani and Tadié, respectively, instituted civil proceedings
for damages in connection with the ill-treatment suffered. The proceedings were pending when the
European Court delivered its judgements.

5. The European Court found the following shortcomings:

(i) the applicants suffered injuries during the police intervention giving rise to a strong adverse
inference that the applicants were subject to excessive use of force by the police (V.O. § 76;
Mafalani, § 125),

(ii) failure of the state attorneys to conduct effective official investigations they were responsible for
under the relevant domestic law (V.O.§ 84; Mafalani, § 100; Tadié § 70),

(iii) lack of adequacy of the investigations: the prosecuting authorities and the domestic courts failed
to thoroughly investigate and establish the exact manner in which the applicants sustained
injuries and whether the use of force by the police was excessive (V.O. § 82, 83; Mafalani, §
102; $titié, § 70, 71; Tadié §§ 69, 72),

(iv) lack of promptness of the investigations: the investigations before the domestic courts and the
state attorneys were pending for a significant time (V.O. § 84; Tadié § 73),

(v) failure of the police to conduct independent initial investigations concerning the use of force
during the applicants' respective arrests (Mafalani § 99; Tadié, § 69).

Il. INDIVIDUAL MEASURES

6. The authorities have taken measures aimed at bringing the violations to an end and redressing the
applicants.

A. Bringing the violations to an end

7. ln response to the European Court's judgments, the authorities have ensured reopening of the
impugned criminal investigations aimed at bringing the violations to an end.

V.O. group v. Croatia - Action report


2
DH-DD(2022)353: Communication from Croatia.
Documents distributed at the request of a Representative shall be under the sole responsibility of the said
Representative, without prejudice to the legal or political position of the Committee of Ministers.

1. V.O.

8. lt is recalled that one set of the criminal proceedings in respect of police officers O.K. and T .S. who
were allegedly involved in beating up the applicant were still pending when the European Çourt's
rendered its judgement (V.O.§ 84). Notably, on 17 November 2010 the case file was forwarded to the
Zagreb County Court for an investigation to be carried out. The Court noted that these proceeding
appeared to be pending when the European Court rendered its judgment (V.O. §§ 38, 38). On 19
November 2011 the Zagreb County Court dismissed the request for investigation as unfounded.

9. Furthermore, it is recalled that the proceedings against police officers S.P. and V.B. ended on 10
June 2009 when the Supreme Court upheld the first instance decision of the Zagreb County Court
dismissing the indictment submitted by the applicant and his parents as ill-founded (V.O.§ 33).

1O. Following the European Court's judgment, on 17 February 2012, the applicant filed a request for
reopening of impugned criminal proceedings against police officers S.P. and V.B . On 8 March 2013 the
Zagreb County Court granted this request, and its decision was upheld on 16 January 2014 by the
Supreme Court. Likewise, on 13 April 2012, the applicant filed a request for reopening of impugned
criminal proceedings against O.K. and T.S. The request was granted on 4 October 2013.

11. Subsequent to the domestic court's decisions granting reopening of the impugned criminal
proceedings, the Zagreb Municipal State Attorney's Office assumed competence for conducting the
investigation against ail four police officers. Ouring the investigation, the Municipal State Attorney's
Office undertook measures in line with the Convention standards aimed at shedding light on the
impugned events. ln particular, in respect of the applicant's arrest of 11 August 2006, it questioned the
applicant, and the foilowing witnesses: his parents, sister in law, his nephew and a member of the
medical emergency team, ail of whom were present during the police intervention. Furthermore, it
questioned four police officers as suspects and commissioned a medical expert report on the causes of
the applicant's injuries.

12. After a thorough examination of the case, the Zagreb Municipal State Attorney's Office did not find
sufficient evidence of the applicant's iil-treatment by the police . Thus, the applicant's allegations of ill-
treatment could not have been taken, despite all reasonable investigatory steps taken and measures
adopted to remedy the shortcomings identified by the Court in the initial investigation. Therefore, Zagreb
Municipal State Attorney's Office terminated the investigation against four police officers (S.P., V.B.,
O.K. and T.S.) on 9 Oecember 2014.

13. ln view of the above, the Government deems that the violation has been brought to an end.

2. Mafalani

14. Foilowing the European Court's judgment, in Oecember 2015, the Zagreb County State Attorney's
Office, acting ex officia, reopened the investigation into applicant's allegations of police ill-treatment and
undertook measures to investigate the circumstances surrounding the applicant's arrest and his stay in
the police station.

15. ln 2016 the Zagreb County State Attorney's Office questioned six witnesses. Three of them were
present during his arrest, according to the applicant's statements in the criminal complaint. Three other
witnesses were doctors - one from Zagreb Prison and two doctors from the Hospital for persans deprived
of their liberty, where the applicant was detained.

16. lt is recalled that the applicant was arrested by an antiterrorist team of the Special Police Forces
Luèko (Mafalani, § 10). The Zagreb County State Attorney's Office requested the Police Oirectorate to
provide information on the identity of the members of the antiterrorist team involved in the applicant's
arrest. At the meeting held on 7 April 2016 the Police Oirectorate notified the Zagreb County State
Attorney's Office that, according to Article10 of the Rules on the confidentiality of official data of the
Ministry of the lnterior, they are unable to provide information on the identity of the police officers since
it is considered confidential for the reasons of national security and vital interests of the country. At the
same meeting, the State Attorney's Office stressed the importance of the need to conduct an effective

V.O. group v. Croatia -Action report 3


DH-DD(2022)353: Communication from Croatia.
Documents distributed at the request of a Representative shall be under the sole responsibility of the said
Representative, without prejudice to the legal or political position of the Committee of Ministers.

investigation in accordance with the European Court's standards. To that effect, it resumed the
investigation undertaking all available measures with the view to shedding light on the impugned event.

17. Notably, on 8 January 2018 the Zagreb County State Attorney's Office questioned the applicant
who did not provide any new information regarding the ill-treatment allegedly suffered . Moreover, on 2
September 2019 it questioned the medical expert who stated that the cause of applicant's injuries could
not be established with enough certainty.

18. The prosecuting authorities resumed the investigation in the following years but to no avail. ln the
absence of any new information, the investigation came to a standstill. The Government notes that at
this point there are no further steps that may be taken with a view to determining the facts of this case.
However, in spite the objective obstacles, the investigation is ongoing and the prosecuting authorities
will proceed with taking the investigative steps if any new evidence appear.

3. Stitié

19. lt is recalled that on 26 November 2013, the State Attorney's Office dismissed the applicant's
complaint against the police officers on the basis of the statements taken from the police officers
involved, as well as from other police officers, the applicant's allegations and the medical documentation
enclosed (Stitié, § 29). Following the dismissal of his complaint, the applicant took over the prosecution
and lodged an indictment with the Zadar Municipal Court against the police officers on charges of
causing serious bodily injury which was dismissed by the decision of the Zadar County Court (Stitié §§
35, 37).

20 . Pursuant to Article 502 of the Criminal Procedure Code the applicant had a possibility to request a
reopening of the impugned proceedings within 30 days from the date when the European Court's
judgement became final, until 6 October 2018. However, the applicant failed to avail himself of this
possibility.

21. Nonetheless, giving full effect to the European Court's judgement, in February 2019, the Zadar
Municipal State Attorney's Office reopened the case on its own motion with the aim of remedying the
shortcomings in the initial investigation.

22. ln particular, the Zadar Municipal State Attorney's Office requested the police to question potential
witnesses, one of whom was a guard present at the shop at the time of the applicant's arrest. Both, the
guard and the other witness stated that they did not see the applicant's arrest. The Zadar Municipal
State Attorney then requested the police to establish whether the shop has had video surveillance but
it found none.

23. ln August 2019, the Zadar Municipal State Attorney requested a forensic report with a view to
establishing the nature of the applicant's injuries. lt followed from the findings of the forensic expert that
the applicant's injuries associated with the event did not constitute a serious bodily harm. Following the
medical expert report commissioned, the applicant was heard again on the 26 October 2019.

24 . Following the findings of the thorough investigation conducted, on the 31 December 2019 the
Municipal State Attorney's Office dism issed the applicant's criminal complaint and served it to the
applicant on the 8 January 2020. According to the information available to the Office of the
Representative, the applicant did not take over the prosecution. The Government highlights that the
applicant had at his disposai a practical and effective legal avenue capable of bringing violation to an
end , which, however, he failed to use. Nonetheless, the competent authorities took steps on their own
motion to rectify the violation found. The Government therefore deems that the violation was brought to
an end and that no further measures are required.

3. Tadié

25. lt is recalled that the criminal investigation into the applicant's allegations of ill-treatment against
police officers was pending before the Zagreb Municipal State Attorney's Office when the European
Court rendered its judgment (Tadié, § 29).

V.O. group v. Croatia -Action report 4


DH-DD(2022)353: Communication from Croatia.
Documents distributed at the request of a Representative shall be under the sole responsibility of the said
Representative, without prejudice to the legal or political position of the Committee of Ministers.

26. Following the facts of the case, and prior to the Court's judgment, on 1 February 2016 the Zagreb
Municipal State Attorney's Office questioned the police officer and a shift manager on duty at the time
of the applicant's arrest. Due to the fact that one of the offences the applicant has been accused of was
an abuse of position and authority, the investigation into the applicant's allegations of ill-treatment was
transferred to the State Attorney's Office for the Suppression of Corruption and Organised Crime. ln
March 2016 a medical expert report on the cause of the applicant's injuries was commissioned . The
medical expert could not undoubtedly conclude that the applicant's fall was a result of police conduct.
Furthermore, from February to March 2016 the State Attorney's Office for the Suppression of Corruption
and Organised Crime attempted to question the applicant but to no avail. On 18 April 2016, relying on
the medical expert's report and witnesses' statements, the State Attorney's Office for the Suppression
of Corruption and Organised Crime rejected the criminal complaint.

27 . Following the European Court's judgment, and in order to give full effect to the judgment, in May
2018 the State Attorney's Office for the Suppression of Corruption and Organised Crime reopened the
investigation into the ill-treatment of the applicant, thoroughly re-examining the case file. With the view
to establish the facts, notably whether the force employed by the police had been indispensable, it
requested the Ministry of the lnterior to provide documentation concerning the arrest and the use of
force against the applicant and examined it. Furthermore, it heard the medical expert with a view to
establishing the cause of the applicant's injuries.

28. The medical expert established that one injury sustained by the applicant was caused by the fall to
the ground and not by the arm Iock technique used by the police during the arrest. Due to the fact that
the medical documentation lacked necessary information, the medical expert was unable to establish
the exact cause of the applicant's fall. However, the medical expert did establish that there were not
enough indications supporting the applicant's allegations that he fell because the police officer tripped
him .

29. After the thorough re-examination of the applicant's complaints, medical expert's report and the
expert's statement, as well as the applicant's and police officers' statements, the State Attorney's Office
for the Suppression of Corruption and Organized Crime established that the injuries the applicant
sustained cannot be imputed to the police officers with sufficient certainty as to lead to their criminal
liability. Therefore, it concluded that its decision of 18 April 2016 rejecting the criminal complaint was
well-founded.

30. On 28 June 2018 the State Attorney's Office for the Suppression of Corruption and Organized
Crime made an official note about inquires made and facts established and served it on the applicant's
lawyer on 27 February 2019. On 6 March 2019 the applicant's lawyer requested a copy of the case file
which was handed to the applicant's lawyer on 13 March 2019. After this date, neither the applicant nor
his lawyer contacted the State Attorney's Office. According to the information available to the Office of
the Representative, the applicant did not take over the prosecution . ln view of the above, the
Government deems that the authorities took all steps necessary to ensure effective re-examination of
the applicant's case in line with the Court's findings and that no further steps are possible.

B. The applicants' redress

31. ln response to the European Court's findings, the authorities ensured that the applicants were
redressed for the negative consequences sustained.

1. Proceedings before the European Court

32. The applicants claimed non-pecuniary damage. The European Court accepted that the applicants
suffered non-pecuniary damage which cannot be compensated for solely by the finding of the violations.
Therefore, making its assessment on an equitable basis, the European Court awarded the applicant in
V.O. EUR 23,000, the applicant in Mafa/ani EUR 16,500, the applicant in Stitié EUR 1,000 and the
applicant in Tadié EUR 5,000 under this head (V.O.§ 94; Mafalani, § 131; Stitié, § 78; Tadié §§ 79).

33. The applicants did not claim pecuniary damage.

V.O. group v. Croatia -Action report 5


DH-DD(2022)353: Communication from Croatia.
Documents distributed at the request of a Representative shall be under the sole responsibility of the said
Representative, without prejudice to the legal or political position of the Committee of Ministers.

2. Proceedings before the domestic authorities

34. The Government notes that the applicants in V.O., Mafalani and Tadié initiated civil proceedings
for damages against the State before the domestic courts in 2007, 2012 and 2013, respectfully. The
Government recalls that the civil proceedings in Mafalani and Tadié were pending when the European
Court rendered its judgments (Mafalani §§ 47, 53; Tadié, §§ 30, 31).

35. ln V.O., giving full effect to the findings of the European Court, the domestic courts found that the
applicant suffered non-pecuniary damage due to the injuries suffered in connection to his arrest.
Therefore, on 31 March 2014 the Zagreb Municipal Court awarded him approx. 2,300 EUR (17,400.00
HRK) with a view to providing him adequate redress for the negative consequences sustained. On 20
April 2016 the State paid the applicant a total of approx. 9,000 EUR (66,716.88 HRK) for damages
awarded and the costs and expenses incurred .

36. ln Tadié, the Zagreb Municipal Civil Court delivered its judgment on 31 August 2017. The applicant
lodged an appeal and the second instance court remitted the case on 13 August 2018. The Zagreb
Municipal Court scheduled a hearing for 15 April 2020. The proceedings are still pending.

37. ln Mafalani, giving full effect to the findings of the European Court and referring to the Court's
judgment, on 25 January 2022 the Zagreb County Court awarded the applicant approx. 6,300 EUR
(47,000.00 HRK) for non-pecuniary damage and approx. 3,600 EUR (26,800 HRK) for the costs of the
proceedings, with a view to providing him adequate redress for the negative consequences sustained
by the violation . This decision is final.

38. The Government would also like to note that on 20 October 2021, the Constitutional Court rendered
the decision No. U-IIIA-5845/2020 by which it found a violation of the right to a hearing within the
reasonable time in respect of civil proceedings in the Mafalani case. The Constitutional Court ordered
the competent Zagreb County Court to decide on the applicant's case within six months and also
awarded the applicant the compensation for non-pecuniary damage in respect of length of civil
proceedings in the amount of 17,100 kunas (approximately 2,280 EUR).

C. The assessment of the individual measures

39. The Government deems that the authorities explored all available legal avenues capable of bringing
the violations to an end and providing redress to the applicants. ln doing so, the authorities were
particularly mindful of the Committee of Ministers Recommendation No. R (2000)2 on the re-examination
or reopening of certain cases at domestic level following judgements of the European Court adopted on
19 January 2000 at its 694th meeting. Pursuant to the Recommendation, the Member States are invited
to ensure that there exists at national level adequate possibilities to achieve, as far as possible, restitutio
in integrum.

40 . Bearing in mind the efforts taken by the authorities to achieve restitutio in integrum in this group of
cases as well as the practical and legal impediments, the Government deems that the applicants do not
continue to suffer any serious negative consequences which were not adequately remedied by the just
satisfaction awarded by the European Court and in the case of V.O. and Mafalani also by the just
satisfaction awarded under the domestic legislation by the national courts.

41. Notably, the European Court awarded the applicant in V.O. EUR 23,000, the applicant in Mafalani
EUR 16,500, the applicant in Stitié EUR 1,000 and the applicant in Tadié EUR 5,000 (see above).
Furthermore, the applicants in V.O., Mafalani and Tadié initiated civil proceedings for damages against
the State before the domestic courts and subsequently the State paid the applicant in V.O. approx. 9,000
EUR (66,716.88 HRK) and the applicant in Mafalani approx. 9,900 EUR (73,800 HRK) for damages
sustained and the costs and expenses incurred. Since the applicants in V.O. and Mafalani have been
awarded the compensation on a domestic level, despite the fact that they had already been awarded
just satisfaction before the European Court, it may be expected that the domestic courts will follow the
same practice in respect of the applicant in Tadié if the factual requirements allow so.

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DH-DD(2022)353: Communication from Croatia.
Documents distributed at the request of a Representative shall be under the sole responsibility of the said
Representative, without prejudice to the legal or political position of the Committee of Ministers.

42. ln line with the above, the Government deems that the applicants were redressed for the damages
suffered despite the fact that the civil proceedings for damages in Tadié are still pending before the
domestic courts.

43. Furthermore, the Government highlights that the investigatory steps taken in order to remedy the
shortcomings in the investigations identified by the European Court demonstrate that significant efforts
were invested to establish the circumstances surrounding the applicants' ill-treatment by the police.

44. ln the view of the above, the Government reiterates that in V.O. the European Court examined the
effectiveness of the fresh criminal investigation. ln particular, in its judgment V.O. (No. 2) v Croatia (app.
no. 19421 /15) of 15 November 2018 the European Court found that this fresh investigation did not fall
short of the procedural obligation under Article 3 of the Convention (see V.O. (No. 2) v. Croatia, § 81 ).

45. Furthermore, bearing in mind the European Court's findings, in Stitié and Tadié the competent
authorities thoroughly re-examined the cases and the applicants' allegations. The investigations were
brought to an end and there is no information that the applicants took over the prosecution . The
Government therefore considers that the re-examinations of the applicants' allegations of ill-treatment
were capable of bringing the violation to an end.

46. The Government notes that in Mafa/ani the prosecuting authorities resumed the investigation but
to no avail. ln the absence of any new information, the investigation came to a standstill . With a view to
determining all the facts , the competent authorities stay committed to bringing the investigation to an
end, in spite the objective obstacles.

47 . ln line with the aforementioned, recalling that a State's duty to carry out effective investigations is
an obligation of means rather than results, the Government would like to refer to the abundant
Committee of Minister's practice regarding cases in which the Committee decided to close its
supervision even though the investigations in respect of which the European Court found violations, let
alone the subsequent criminal proceedings, remain pending (e.g. Hoalga and Others v Romania
(76672/12), CM/ResDH(2018)33 6; Milanovié v Serbia (44614/07), CM/ResDH(2019)365; Duraevié v
Croatia (52442109), CM/ResDH(2020)306; Skendzié and Krznarié group v. Croatia (16212/08),
CM/Del/Dec(2019)1348/H46-7. Having in mind the thorough investigation conducted by the domestic
authorities with a view to addressing the shortcomings found by the European Court and achieve as far
as possible restitutio in integrum, the Government deems that the violations have been brought to an
end .

48. Against this backdrop, the Government deems that the authorities exhausted all possible legal
avenues capable of bringing the violations to an end and providing redress to the applicants.

Ill. GENERAL MEASURES

49. The Government have undertaken a number of measures in response to the European Court's
findings aimed at rectifying shortcomings identified in the respective judgments .

A. Measures aimed at preventing police ill-treatment

50. lt is recalled that the European Court found that the applicants suffered injuries due to the excessive
use of force by the police du ring their intervention ( V.O. § 76; Mafalani, § 125). Furthermore, in Mafalani,
the European Court found that the applicant had been ill-treated by the police during his subsequent
stay in the police custody (Mafa/ani, § 126). As a result, the domestic authorities undertook measures
aimed at preventing excessive use of police force.

51 . ln 2017 the Criminal Procedure Code was amended strengthening the legal position of the suspect
during the initial investigation stages. Notably, the manner in which police officers have to treat a suspect
and arrested person has been fundamentally improved with an aim to ensuring protection of the
Convention rights of the persons in police custody. The amendments entered into force in September
2017.

52. ln particular, police officers are no longer authorised to question suspects/arrested persons through
an informai interview. Before conducting any questioning, the police are obliged to notify a

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DH-DD(2022)353: Communication from Croatia.
Documents distributed at the request of a Representative shall be under the sole responsibility of the said
Representative, without prejudice to the legal or political position of the Committee of Ministers.

suspect/arrested person of all the rights they enjoy, notably the right to legal counsel. Moreover,
pursuant to Article 208.a of the 2017 amendments to the Criminal Procedure Code a person suspected
of having committed a criminal offence may exercise the right to a lawyer from the moment of acquiring
the capacity of the suspect.

53. Furthermore, pursuant to the above-mentioned amendments the interview of the suspect must be
recorded with an audio-visual device.

B. Measures aimed at ensuring effective criminal investigations

54. At the outset, the Government recalls that the European Court found that the competent state
attorneys, although informed of the alleged police ill-treatment, failed to conduct an official effective
investigation as was their responsibility under the relevant domestic law (V.O. § 84; Mafalani, § 100;
$titié § 69; Tadié § 70). lt furthermore found that the prosecuting authorities and the domestic courts
failed to thoroughly investigate and adequately establish the exact manner in which the applicants
sustained their injuries and whetherthe use of force bythe police was excessive (V.O.§ 82, 83; Mafalani,
§ 102; $titié, § 70, 71; Tadié §§ 69, 72).

55. The Government furthermore recalls that in 2009 in V.O. the Constitutional Court declined to
examine the constitutional corn plaint raising issues concerning procedural aspect of Article 3 (V.D. §34).
Furthermore, in October 2014 in $titié, the Constitutional Court declared inadmissible the applicant's
constitutional corn plaint raising the same issues for lack of corn petence (Stitié, § 34 ).

56. Following the European Court's findings, in order to prevent similar violations and to ensure the
criminal investigations are conducted in a Convention compliant manner, the Constitutional Court
decided to reconsider its stance and the case law in cases involving ineffective investigations.

57. The Constitutional Court was particularly mindful of the need to provide a Convention compliant
protection to the parties in cases arising from procedural violation of Article 3 of the Convention . On this
account, in November 2014 the Constitutional Court introduced the judicial review of efficiency of
criminal investigations. Pursuant to this change of practice, the Constitutional Court is now vested with
powers to examine allegations of ineffective investigations and render a decision on the merits in this
respect. The parties to the proceedings are therefore capable of obtaining a Convention compliant
examination of their allegations on ineffective investigations at the domestic level followed by a decision
on the merits. If the Constitutional Court finds the investigation ineffective, it has the authority to order
the prosecuting authorities to carry out specific steps aimed at identifying perpetrators and bringing them
to justice.

58. The Constitutional Court examined allegations concerning police ill-treatment and the effectiveness
of criminal investigations under violations of Article 3 of the Convention . ln particular, on 10 March 2020
it rendered a decision (no.U-IIIBi-4223/2018) finding a violation of Article 3 in its substantive and
procedural limb. lt referred to the relevant European Court's practice, together with the respective
judgments of this group, highlighting the manner in which the effective investigation should be conducted
and the necessity to protect every individual from torture or inhuman or degrading treatment or
punishment. The Constitutional Court noted that police officers may use force against the individual,
however, it may be used only if strictly necessarily and under no circumstances it must not be excessive.
The Constitutional Court accepted that the party to the proceedings suffered non-pecuniary damage
which cannot be compensated for solely by the finding of the violation. lt, therefore, awarded the party
with approx. 7,000 EUR (50.000,00 HRK), exactly as requested by the constitutional corn plaint.

59. Furthermore, in its most recent decision of 23 March 2021 (No. U-IIIBi-476/2020), the Constitutional
Court once again examined allegations in relation to violation of Article 3 of the Convention in its
procedural limb. Expressly referring to the European Court's judgments in this group of cases, it
concluded that the domestic authorities have not fully discharged their obligation to carry out an effective
investigation into the circumstances of the applicant's alleged ill-treatment by the police. The
Constitutional Court emphasized that where there has been a use of force by State agents, the
investigation must be effective in the sense that it is capable of leading to a determination of whether
the force used was or was not justified in the circumstances. lt also pointed out that any deficiency in
the investigation which undermines its ability to establish ail the relevant circumstances or the person
responsible will risk falling foui of the Convention standards. Since in the case at issue, the domestic

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DH-DD(2022)353: Communication from Croatia.
Documents distributed at the request of a Representative shall be under the sole responsibility of the said
Representative, without prejudice to the legal or political position of the Committee of Ministers.

authorities failed ta conduct an official investigation of the complaint, the Constitutional Court found that
there has been violation of Article 3 of the Convention in its procedural limb.

60. The Government considers that the introduction of the judicial overview into the allegations of the
ineffective criminal investigations and the case-law of the Constitutional Court will ensure the overall
efficiency of competent authorities in conducting criminal investigations.

61. Nonetheless, the authorities found it necessary ta undertake focused measures aimed at rectifying
specific shortcomings identified by the European Court in relation ta prompt and independent
investigations. The measures are set out below.

C. Measures aimed at ensuring prompt conduct of criminal investigations

62. The domestic authorities undertook measures aimed at ensuring that criminal investigations are
conducted promptly, without delays.

1. Criminal proceedings before domestic courts

63. lt is recalled that in V.O. the Municipal State Attorney's Office dismissed the applicant's criminal
complaint. Consequently, the applicant lodged an indictment against police officers conduct to the first-
instance criminal court in August 2007. However, the court remained passive until November 2010 when
the applicant's case file was forwarded to the second-instance court for an investigation to be carried
out. Therefore, the European Court found that the proceedings regarding investigation into allegations
of ill-treatment that were pending for more than three years before the domestic courts failed to comply
with the requirements of Article 3 of the Convention (V.O. § 84) .

64. ln response to the European Court's findings, in November 2013 the amendments to the Criminal
Procedure Code were adopted and entered into force in December 2013. Pursuant to these
amendments, in cases of delays during the initial stage of criminal proceedings, as it was in the case of
V.O., the party to the proceedings and the victim may lodge a complaint to the president of the competent
court. Namely, pursuant to Article 347 of the Criminal Procedure Code, if the competent court does not
comply with the statutory limits when conducting preliminary proceedings or the investigation judge fails
ta take appropriate actions causing the delays, the president of the court sets a fixed time-frame for the
judge to take certain investigative steps or render a decision. The president of the court is to inform the
complainant about his decisions within fifteen days from the day the complaint was lodged. If the
president of the court fails to take aforementioned steps, the party may complain to a president of a
higher court.

65. Giving full effect to the European Court's judgment, in 2013 the Ministry of Justice introduced the
Integrated Court Case Management System (ICMS) in municipal and county courts . ln 2017, ICMS was
set up at the Criminal Department of the Supreme Court. The ICMS became fully operational in all
regular courts by September 2018. lt operates as an electronic tracking system which , among others,
allows the authorities to effectively monitor lengths of criminal proceedings with an aim to reducing
excessive length of criminal proceedings and ensuring that criminal proceedings are conducted
effectively.

66. The ICMS, inter alia, provides daily statistical reports generated according to different parameters
with an aim to ensuring that criminal proceedings are conducted within a reasonable time (e.g.: reports
on the number of cases that have not been dealt by the judge for more than six months, reports on the
time-span in which the judge schedules hearings). By introducing the ICMS, the detection of excessive
length of criminal proceedings has been facilitated. The ICMS has established itself as an efficient and
useful tool for monitoring procedural discipline among judges. For their inefficiency in conducting
proceedings judges may be sanctioned in disciplinary proceedings.

67. Furthermore, in 2013 the new Courts Act was adopted strengthening the raie of the Judicial
Inspection within the Ministry of Justice with the jurisdiction to supervise the work of judges throughout
the country. Combined effects of introducing ICMS and Judicial Inspection made it possible ta better
monitor lengths of the proceedings, the workload of judges and the frequency of steps taken in cases.

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DH-DD(2022)353: Communication from Croatia.
Documents distributed at the request of a Representative shall be under the sole responsibility of the said
Representative, without prejudice to the legal or political position of the Committee of Ministers.

Following the lnspection's findings, within eight days after receiving the lnspection's report, a president
of the court is to respond toits findings in a written way. The president of the court is obliged to eliminate
irregularities found, within the deadlines set in the lnspection's report.

68. Presidents of the courts are also required to monitor the uniform distribution of cases. Within this
context, they are vested with powers to order a new automatic distribution of a case if there is a risk of
a delay in proceedings because a given case is assigned to a judge with a major workload.

2. Criminal investigations before the prosecuting authorities

69. lt is recalled that in Tadié the State Attorney's Office opened the investigation into applicant's
allegations in 2014 and until 2016 it obtained medical documentation concerning the applicant's injuries,
interviewed the applicant together with three police officers involved and two witnesses to the event
(Tadié, §§ 20-28). The European Court noted that the investigation before the State Attorney's Office
was pending when it rendered its judgment in 2017 (Tadié § 73).

70. ln 2015, with the view to strengthening the procedural deadlines for bringing the investigation to an
end and preventing procrastination, a case-tracking system ("CTS ') was set up within the State
Attorney's Offices nationwide. The CTS, inter a/ia, monitors the efficiency of State Attorneys and
provides daily statistical reports indicating the level of efficiency according to different parameters. For
example, the CTS notes in particular the number of cases the State Attorney has not dealt with for more
than six months. Such inactivity constitutes a disciplinary offence based on which a state attorney may
be sanctioned . The system automatically indicates deadlines for procedural actions to be taken to
ensure investigative actions are conducted in due course. The Government notes that after the CTS
was set up, new cri minai cases were entered periodically as they were created whilst older cases such
as Tadié were entered in the later years. This measure was, therefore, not yet applicable in Tadié when
the European Court rendered its judgment.

71. Following the facts in Tadié, the Government invested significant funds to increase the number of
state attorneys with a view to ensuring prompt investigations. To this end, in 2017 a total of 91 state
attorneys were appointed and by the end of 2018, 25 additional state attorneys were appointed.
Similarly, after a longer period of internship stagnation, 13 legal trainees to the State Attorney's Offices
were employed in 2018.

D. Measures aimed at ensuring independent police investigations

72. lt is recalled that the European Court found a failure of the police to undertake independent initial
investigation between 2008 and 2013 (Mafa/ani § 99; Tadié, § 69). The authorities took legislative
measures ensuring the independent overview of the allegations of police ill-treatment.

73. Following the facts of these cases, in 2014 the Law on Police Work and Powers was amended and
entered into force. lt expressly prescribed that in case of a suspicion that a criminal offence was
committed by a police officer or other employee of the Minîstry of the lnterior or a person close to them,
or that a criminal offence was committed in police premises, investigative steps shall not be conducted
by the same organizational unit of the police. ln such cases, the Head of the Police Directorate shall
transfer the case to a different organizational unit which will conduct the învestigatory actions. The
exceptions are allowed only if the perpetrators were caught in commission of the crime or when urgent
police actions are required.

74. ln 2015 the Police Act was amended with a view to strengthening the disciplinary responsibility of
police officers resulting from police negligence. The amendments were adopted and entered in force in
March 2015. The amendments introduced a three-tier procedure of examining complaints stemming
from lack of police diligence. If an individual deems that a police officer has violated his duty, the former
may file a complaint before the Ministry of the lnterior. The Ministry has an obligation to examine it within
30 days. If not satisfied with the Ministry's response, the complainant may pursue the complaint before
the second-instance body within the Ministry and subsequently before the Complaints Board
(hereinafter: the Board) appointed by the Parliament.

75. ln 2019, the Police Act was further amended to enhance the above-mentioned Board's work. The
amendments entered into force in July 2019. ln accordance with these amendments, the Board consists

V.O. group v. Croatia - Action report


10
DH-DD(2022)353: Communication from Croatia.
Documents distributed at the request of a Representative shall be under the sole responsibility of the said
Representative, without prejudice to the legal or political position of the Committee of Ministers.

of nine members appointed from the ranks of the civil society, public institutions and
non-governmental
organisations ensuring that complaints regarding ill treatment are being examine
d by an impartial and
independent body. The Board members are appointed by the Croatian Parliament
at the proposai of the
Parliament's Committee on Human Rights and National Minorities. The Board members
are entitled to
financial compensation for their work which ensures their independence and efficiency
.
76. On 28 February 2020, the Croatian Parliament appointed nine members to
the abovementioned
Board. At its constitutive session of 13 May 2020, the Board adopted its Rules of Procedu
re and became
fully operational in September 2020. Complaints received prior to the establishment
of the Board were
adequately registered for the Board to examine. The Board has been regularly examinin
g complaints,
prioritising those that concern pending courts' proceedings or are considered urgent.

77. Furthermore, in March 2019 the amendments to the Regulation on the internai
organisation of the
Ministry of the lnterior were adopted and entered into force. The aim of the amendm
ents was to achieve
a higher degree of independence and impartiality of police officers working in internai
contrai units from
regular police units. The amendments envisaged a new structure of the internai contrai
service. Namely,
four new regional internai contrai units were established (on in the capital and three
in major towns in
Croatia), along with the Unit for coordination, integrity and prevention at the Ministry.

78. ln addition, internai contrai unit is now tasked also with preventative action. lts
task is to identify the
causes of unlawful, unprofessional and unethical behaviour and propose preventiv
e measures in this
regard e.g. making risk assessments for individual positions, transfers, rotations
of management
personnel, etc. ln order to detect and prevent illegal, unprofessional and unethical work
of police officers,
the internai contrai unit cooperates with state administration bodies, judicial
authorities, state
prosecutors' offices, ombudsman, trade unions, civil society organizations and citizens.

79. Moreover, the complaints against the police are entered into the information system
of the Ministry
of the lnterior through an application Internai contrai, which enables immediate insight
into the situation
and monitoring of the orders by the superiors. Internai contrai unit may at any stage
intervene in the
investigation of a citizen's complaint through this centralised database.

80. Last, but not least, the Government notes that in cases regarding allegations
of police ill-treatment
the state attorneys are more often conducting such inquiries themselves. ln particula
r, between 2013
and 2019, pursuant to the statistics obtained from state attorney's offices countryw
ide, in the majority of
cases concerning allegations of police ill-treatment (96,55%) the state attorneys conducte
d the inquiries
themselves.

E. Awareness raising measures

81. To give full effect to the European Court's findings and to ensure full and proper
understanding of
all aspects of the prohibition of ill-treatment and of the obligation to conduct an effective
investigation
into allegations of such treatment, between 2016 and 2018 the Judicial Academy
organized six sets of
two-day workshops for 108 participants. Du ring these workshops the case-law of
the European Court
and practical issues related to Article 3 of the Convention were addressed. The
workshops were
attended by judges and state attorneys.

82. With the aim to advancing its jurisprudence in cases concerning lack of
investigation into ill-
treatment in the hands of police, since 2019 the Constitutional Courtis continuously
conducting in-house
trainings for its advisers on Article 2 and 3 of the Convention.

83. Furthermore, domestic authorities have ensured continuous educations for


police officers on
Convention, more specifically Article 3 which is taught at the Police Academy as
part of the regular
curriculum at the undergraduate and graduate stud ies. ln each academic year in
the period between
2012 and 2018, 160 future police officers participated in such educatlon. Additiona
lly, the syllabus of
the Police High School includes analyses of European Court's cases against Croatia
concerning Article
3 of the Convention. From 2014 to 2018 a total of 1,608 future police officers attended
such educations.
84. ln addition, with a view to preventing excessive use of police force, several
courses on police
powers and correct use of police force are being conducted at the Police School
and the Police

V.O . group v. Croatia - Action report


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DH-DD(2022)353: Communication from Croatia.
Documents distributed at the request of a Representative shall be under the sole responsibility of the said
Representative, without prejudice to the legal or political position of the Committee of Ministers.

Academy. From 2019 to 2021 a total of 1505 Police High school students and 382 future police officers
attended the relevant programme at the Police School and the Police Academy respectively.

85. Moreover, the Department for Professional Trainings and Specialization of the Ministry of the
lnterior conducts specially designed trainings on adequate use of police powers and police force aimed
at preventing extensive use of force by the police. These trainings are obligatory for all teachers at the
Police School and the Police Academy in charge of training police officers. On 6 and 10 May 2019, 35
teachers and instructors completed the training.

86. The Police Academy in cooperation with the Ministry of the lnterior has furthermore organized
numerous educational activities for police officers with a view to ensuring full and proper understanding
of the relevant provisions of the Criminal Procedure Code regarding effective investigations. To this end,
between 2014 and 2020, approx. 1,300 police officers and 145 members of the judiciary participated in
33 workshops . The participants also shared information and experiences related to the cooperation
between the police and the State's Attorneys with the view to enhancing their partnership.

87. Furthermore, in December 2020 the Croatian Association of Criminal Sciences and Practice
organised a conference on "Enhancing the Efficiency of Criminal Proceedings by Applying the Relevant
ECtHR's Standards" . The conference brought together prominent moderators, notably the ECtHR's
judge in respect of Croatia and the Deputy State Attorney General . The conference was attended by
state attorneys and judges.

F. Enhancing cooperation with the Council of Europe and other authorities

88. Seing attached to the efforts to provide an adequate response to ineffective investigations and
police ill-treatment, in line with the European Court's standards and the practice of the Committee of
Ministers, in 2018 and 2019 the Government deemed necessary to draw on the Council of Europe's
expertise in this area. ln particular, in November 2018 and November 2019, pursuant to the initiative of
the Croatian Representative before the European Court, the authorities welcomed the delegation from
the Department for the Execution.

89. The purpose of these two-day missions was , inter alia, aimed at ensuring an effective execution of
the V.O. group. The missions brought together relevant stakeholders, namely the Constitutional Court,
the State Attorney General's Office, the Ministry of the lnterior, the Judicial Academy and the Police
Academy. The participants were able to discuss the pressing issues faced in criminal investigations and
obtain the necessary expertise from the delegation of the Department for the Execution on how to ensure
that the investigations are conducted in a Convention compliant manner.

90. The Government would like to make use of this opportunity to thank the delegation of the
Department for the Execution for their efforts to clarify execution requirements in this group during the
visit. The Government moreover deems that this fruitful exchange of views and ideas was conducive to
ensuring an effective implementation of measures aimed at combating hate crimes .

91. With an aim to exchanging views and drawing expertise from relevant bodies on tackling police ill-
treatment and ineffective criminal investigations, Croatian delegation participated in the high-level
international conference " Tackling i/1-treatment by police: addressing challenges revealed by judgments
of the European Court of Human Rights and by other Council of Europe bodies" held in Beèiéi,
Montenegro on 18 October 2019. The delegation consisted of the representatives of the Criminal
Department of the Supreme Court, the State Attorney's Office, the Ministry of the lnterior, the
Ombudswoman and the Office of the Representative of Croatia before the European Court. At the end
of the conference, participants endorsed conclusions which, inter a/ia, highlighted the need to send a
zero-tolerance message concerning police ill-treatment of any kind. They also stressed the importance
of ensuring lawfulness and proportionality in using force by police and other security forces and the
necessity of the establishment of a system of effective investigations into police ill-treatment.

92. Furthermore, as of 2018, the representatives from the State Attorney's Offices are regularly taking
part in the EJTN (" The European Judicial Training Networl<') Exchange Programme that takes place at
the European Court bringing together national judges and prosecutors on the one hand and lawyers
and judges of the European Court on the other. Pursuant to the Programme the selected national judges

V.O. group v. Croatia - Action report 12


DH-DD(2022)353: Communication from Croatia.
Documents distributed at the request of a Representative shall be under the sole responsibility of the said
Representative, without prejudice to the legal or political position of the Committee of Ministers.

and state attorneys spend one year working at the European Court. The
purpose of the Programme is
to ensure an effective exchange of knowledge between the national judges
and state attorneys and the
European Court's lawyers. To this end, three state attorneys took part in
the said one-year Programme .
This particular exchange contributed to raising the knowledge of domest
ic state attorneys on the
functioning of the European Court, notably, how the relevant standards
are applled in crlminal cases.
Foilowing their return, the state attorneys disseminated the specific knowled
ge gained through this
Programme to their respective coileagues .

93. ln addition, the authorities requested expert assistance from the Europea
n Commission and the
Council of Europe. Along these lines, Croatia sought support from the
European Commission with a
view to strengthening targeted trainings and awareness raising measur
es carried out by the Judicial
Academy in 2021. The European Commission decided to fund the request
and provide technical support
to Croatia, together with the Council of Europe. The European Commission
therefore designed a tailor-
made project "Promotion of the Rule of Law and Fundamental Rights
through High-Quality Online
Trainings in the Croatian Judiciary". The technical support will be provide
d in the area of Justice and
Fundamental Rights, with the purpose of supporting the Judicial Academ
y in Croatia to improve the
methodology, tools and expertise to design and deliver high-quality training
s, especially in the field of
human rights and the rule of law, tailored to the needs of the Croatian
judiciary. lt will do so by
strengthening the online training capacities of the Judicial Academy with
the support of the Office of the
Representative and the Council of Europe. These trainings shail include
workshops on procedural
obligations arising from Article 2 and Article 3 of the Convention . The project
started on 15 September
2021 and will be carried out during the following 20 months.

G. Publication and dissemination measures

94. The Government ensured that the judgments in this group of cases
were translated into Croatian .
The translation is available on the official web page of the Office of the
Representative of the Republic
of Croatia (V.O., Mafalani. Stitié, Tadié) before the European Court of Human
Rights and the official web
page of the Constitutional Court (V.O., Mafalani, $titié, Tadié).

95. With a view to facilitating dissemination of the judgements, the


Office of the Representative
prepared analyses of the European Court's findings V.O. Mafalani and
Tadié. The analysis of the
precedent judgment in V.O. was published on the official web page of the
Office. The analyses and the
translations of the judgments were disseminated to ail members of the Expert
Council for the Execution
of Judgments and Decisions of the European Court of Human Rights, includin
g to those directly involved
in the proceedings, notably the Supreme Court, the General State Attorne
y's Office and the Ministry of
the lnterior.

96. Furthermore, the Supreme Court further disseminated the analyses


to ail domestic courts dealing
with criminal cases. The General State Attorney's Office ensured dissemi
nation of the analyses to lower
state attorney's offices. Therefore, the competent authorities have been
made aware of the European
Court's findings and the need to ensure their undertakings are in line with
the Convention standards.
G. Assessment of the general measures

97. The Government would like to outline the positive impact of the general
measures taken aimed at
ensuring the overall effectiveness of the domestic authorities in conducting
criminal investigations.
98. ln particular, the measures aimed at ensuring adequate and prompt
investigations before the
prosecuting authorities were already examined by the Committee of Minister
s in the case of Beganovié
v Croatia (46423/06) . On 22 November 2017 at its 1300th meeting Commit
tee of Ministers found that
the measures taken in this respect were capable of preventing similar violation
s and decided to close
its supervision (CM/ResDH(2017)386).

99. Furthermore, the measures ensuring the domestic courts conduct


criminal proceedings promptly
were examined by the Committee of Ministers in the case of Jeans v Croatia
(46423/06). On 4 July 2018
at its 1321 th meeting the Committee of Ministers found that the measur
es taken in this respect were
capable of preventing similar violations and decided to close its supervis
ion (CM/ResDH(2018)236).

V.O. group v. Croatia - Action report


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DH-DD(2022)353: Communication from Croatia.
Documents distributed at the request of a Representative shall be under the sole responsibility of the said
Representative, without prejudice to the legal or political position of the Committee of Ministers.

Considering measures aimed at ensuring the overall effectiveness of


the criminal investigations the
Government finds it important to highlight the following. ln its recent abovem
entioned decision Kusié
and Others v Croatia (71667/17, inadmissibility decision of 10 Decemb
er 2019), the European Court
found that the developments of the Constitutional Court's case law demons
trate that the Constitutional
Court has been consistently and effectively examining allegations
related to ineffective criminal
investigations. The European Court expressly indicated that the criteria extensiv
ely implemented by the
Constitutional Court in assessing whether or not the investigations had been
effective seems compatible
with those identified by the European Court. The European Court,
therefore, welcomed the
developments of the Constitutional Court's practice concluding that the
constitutional complaint now
provides the parties with the posslbility to have the effectiveness of investig
ations under Articles 2 and
3 of the Convention examined in the light of the principles developed by
the European Court. lt also
expressed its satisfaction with a fact that a constitutional complaint is capable
of providing redress in
respect of complaints concerning ineffective investigations. The Government
has the pleasure to inform
the Committee of Mlnisters that the case-law of the Constitutional Court's
practice related to ineffective
criminal investigations into allegations of police ill-treatment even further
involved following the decision
in Kusié and Others (see above paragraphs 58,59).

100. ln addition to the above, the Government reiterates that in its judgme
nt V.O. (No. 2) v Croatia (see
above) the European Court found that the investigation into the applican
t's allegations of police ill-
treatment before the State Attorney's Office was sufficiently prompt and expedit
ious. lt further found that
the investigation did not fall short of the procedural obligation under Article
3 of the Convention, finding
no violation in this respect (V.O. (No. 2), §§80-82)

101. ln respect of the violations of Article 3 in its substantive limb, the Govern
ment deems that the above
change of the Constitutional Court's case-law with a view to introducing
an effective remedy not just
concerning procedural but also substantive violations of Article 3
of the Convention, i.e. the
Constitutional Court's decision from 2020, together with the legislative measur
es taken will be capable
of preventing similar violations.

102. The Government notes that the measures taken with a view to changin
g the Constitutional Court's
jurisprudence were already examined and assessed positively by the Commit
tee of Ministers in several
Croatian cases, e.g. EJurâevié v Croatia (52442/09), CM/ResDH(2020)306;
Oo/enec group v Croatia
(25282/06), CM/ResDH(2020)309; Maâer v Croatia (56185/07), CM/Res
DH(2021 )322).
103. The Government further notes that in its 2018 Report, following its periodic
visit in March 2017, the
CPT noted that although the delegation did receive several allegations of
physical ill-treatment by police
officers at the time of apprehension mostly consisting of slaps, punches
and kicks to various body parts
" The vast majority of persans met by the delegation indicated that they
had been treated correct/y by
police officers at the tlme of their apprehension and white in police custody
' {2018 Report, §12). The
Government deems that it is evident from the above report that althoug
h at the time there had been
several allegations on bodily injuries, the authorities' efforts resulted in
significant decrease of cases
concerning police ill-treatment during arrests. ln response to some violent
acts still occurring, the
comprehensive steps were taken in the following period. Notably the
legislative measures were
introduced in September 2017 and the Constitutional Court's jurisprudence
has further evolved in a
Convention-compilant manner (i.e. the Constitutional Court's decision from
2020 regarding substantive
violation of Article 3). The Government therefore deems that these
measures, together with the
continuous trainings for the police will be capable of eradicating all aspects
of the police ill-treatment.

104. ln addition, the Government notes that state attorneys are oversee
ing police inquiries in cases
regarding allegations of police ill-treatment and are, more often, conduct
ing such inquiries themselves .
ln particular, between 2013 and 2019, pursuant to the statistics obtaine
d from state attorney's offices
countrywide, in the majority of cases concerning allegations of police ill-treatm
ent (96,55%) the state
attorneys conducted the inquiries themselves.

105. ). ln view of the above, the Government deems that the measures taken
are capable of preventing
similar violations.

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14
DH-DD(2022)353: Communication from Croatia.
Documents distributed at the request of a Representative shall be under the sole responsibility of the said
Representative, without prejudice to the legal or political position of the Committee of Ministers.

IV. JUST SATISFACTION

106. The Government disbursed the sums of the just satisfa


ction awarded to the applicant in V.O. on 19
March 2012, in Mafala ni on 8 January 2016, in Tadié on 25
May 2018 and in Stitié on 16 October 2018.
The payments were therefore made within the deadlines
imparted by the European Court.

V. CONCLUSION

107. As regards the individual measures, the Government


deems that the authorities exhausted all
possible legal avenues capable of bringing the violatio
ns to an end and providing redress to the
applicants .

108. As regards the general measures, the Government


considers that those taken are capable of
preventing similar violations .

109. The Government therefore deems that all measures


required by Article 46, paragraph 1 have been
implemented and respectfully proposes to the Committee
of Ministers to close their supervision.

V.O. group v. Croatia - Action report


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