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-  2019 

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

Keywords: prohibition of torture, police officers, prison staff, procedural obligations, effective investigation

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Abstract:

Sa?etak 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

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