PROCEDURAL SAFEGUARDS IN THE FIRST HOURS OF POLICE DETENTION IN REPUBLIC OF CROATIA IN CONTEXT OF THE ARTICLE 3 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Abstract

Access to procedural safeguards in the first hours of police detention is the most effective way of
preventing torture and other forms of violence in line with Article 3 of the European Convention
on Human Rights. The procedural safeguards include the right to a lawyer, the right to a doctor
and the right to notify a family member or a third party. For foreign nationals, it is important to
respect the right to an interpreter and to notify the consular body of the domestic country. The
Republic of Croatia, through the incorporation of the EU Directives, has strengthened the right of
access to a lawyer and established free legal aid for detained persons while detained in a police
station. The Law on Criminal Procedure of the Republic of Croatia provides for the right to
emergency medical care and to inform the family member. For all these rights to be effective, they
should be implemented in the first hours of deprivation of liberty in line with the CPT's
recommendations. In order to evaluate the actual implementation of the legal provisions and the
international standards related to the procedural safeguards in the first hours of police detention,
of significant importance are the international and domestic bodies that are conducting visits and
are monitoring the places of detention. The analyses presented are based on the analysis of the
Law on Criminal Procedure and Police Laws in the Republic of Croatia. In addition, the analysis
reflects upon the recommendations of the Committee on the Prevention of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (CPT). Particular attention was given to the
documents and reports produced by the National Preventive Mechanism within the
Ombudsman/Ombudswoman's office.