Pregledni rad
Jurisprudence of the European Court of Human Rights on Police Powers of Identity Check
Željko Karas
orcid.org/0000-0002-5331-6418
; Visoka policijska škola, Policijska akademija, MUP RH, Zagreb
Silvija Pejaković-Đipić
; Policijska akademija, MUP RH, Zagreb
Sažetak
The authors conducted the research of the case-law of the European Court of Human Rights (ECtHR) on the police power of identity check (stop and search powers), and its impact on the right to privacy and freedom of movement. The police power of checking the identity of persons is rarely dealt with in Croatian science and practice, although exercising the power could lead to a deprivation of certain fundamental rights. Further issue is that its adoption also affects the legitimacy of the police in society. The cause for research were preventive police strategies that recommend frequent exercise of this police power. The views of the Convention case-law show that police power of identity check do not deprive the right to privacy under the Art. 8 of the ECtHR.
The case-law states that the content of personal documents do not present sensitive private data, and that checking of its content is not intrusive. Violations are probable when the right of movement or freedom referred to in Art. 5 of the ECtHR is contravened, or if there are inadequate legal grounds for excercising subsequent police powers. The legal basis for the identity check may include the area of safety, investigation of criminal offenses or some administrative issues. Most European countries have prescribed the obligation for citizens to hold personal documents and show them to the police. The authors also analyse the possibility of contributing to criminal investigation through the share of evidence found.
Ključne riječi
identity of person; European Court of Human Rights; police, privacy; freedom of movement
Hrčak ID:
219887
URI
Datum izdavanja:
28.3.2019.
Posjeta: 1.089 *