Review article

Ineffective Investigation Into Allegations of Ill- Treatment by Police Officers and Prison Staff: Execution of the Judgments of the European Court of Human Rights and Croatian Judicial Practice

Ante Novokmet ; Pravni fakultet Sveučilišta Josipa Jurja Strossmayera, Osijek, Hrvatska
Ivana Kolesarić ; Općinsko državno odvjetništvo, Osijek, Hrvatska
Damir Livaja ; Općinsko državno odvjetništvo, Osijek, Hrvatska

Abstract

This paper examines the execution of judgments of the European Court of Human Rights
in which the Court found a violation of the procedural obligation to conduct an effective investigation
into allegations of ill-treatment by police officers and prison staff. In this regard,
the individual action reports and action plans in ongoing supervision before the Committee of
Ministers are analysed. The paper then empirically studies the practice of the Croatian judicial
authorities in the detection, prosecution and trial of criminal offences in which the violation
of Art. 3 ECHR in the conduct of police officers and prison staff is manifested. Finally, the
Croatian legislative framework is critically considered, the shortcomings of existing procedural
solutions are identified, and recommendations are made for their elimination in order to
create a normative framework to prevent the violation of the obligation to conduct an effective
investigation into ill-treatment by police officers and prison staff.

Keywords

prohibition of torture; police officers; prison staff; procedural obligations; effective investigation

Hrčak ID:

232770

URI

https://hrcak.srce.hr/232770

Publication date:

2.12.2019.

Article data in other languages: croatian

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