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-  2019 

Effective Investigation Standards Regarding the Criminal Proceedings of the Constitutional Court of the Republic of Croatia

Keywords: European Court of Human Rights, constitutional complaint, efficient criminal investigation, efficient legal remedy, right to life, ill treatment/torture

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Abstract:

Sa?etak The procedural obligation to conduct effective investigation has become a principle that applies not only to the procedural stage but to the entire criminal proceedings. The Constitutional Court has taken an active role in establishing an appropriate legal remedy at the national level which enables, even prior to the exhaustion of available legal remedies, an efficient review of complaints for failure to conduct an investigation of criminal offences related to the right to life under Article 21 paragraph 1 of the Constitution (Article 2 paragraph 1 of the Convention for the Protection of Human Rights) and the prohibition of ill-treatment (torture) under Article 23 paragraph 1 of the Constitution (Article 3 of the Convention). This article provides an overview of the Constitutional Court case law on defining standards in relation to the previously stated issues

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