Pregledni rad

State Liability for Police Violence in Convention Law

Ivana Jelić ; Europski sud za ljudska prava, Strasbourg, Francuska
Krešimir Kamber ; Europski sud za ljudska prava, Strasbourg, Francuska

Sažetak

This article seeks to elaborate on the “quasi-criminal jurisdiction” of human rights bodies
in the contemporary European setting by analysing the practice of the European Court of Human
Rights where violation has been found of Article 3 of the European Convention on Human
Rights as an absolute and non-derogable norm. The analysis focuses on police violence. The
European Court of Human Rights establishes state responsibility in this context if the state has
allowed and/or failed to sanction the unlawful conduct of police officers, which also relates to
failures in effective investigation and criminal proceedings related to such events. The authors
seek to provide a critical analysis of the matter through a comparative overview of the ECtHR’s
cases against Croatia (a European Union Member State) and Montenegro (a candidate state for
membership in the European Union). In both cases, there are certain difficulties in the execution
of judgments which undermine the Convention system and its quasi-criminal function.
This also calls into question the effective protection of human rights.

Ključne riječi

European Court of Human Rights; execution of judgments; police ill-treatment; Article 3 of the Convention; effective investigation and criminal proceedings

Hrčak ID:

232767

URI

https://hrcak.srce.hr/232767

Datum izdavanja:

2.12.2019.

Podaci na drugim jezicima: hrvatski

Posjeta: 1.739 *