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H.P. v. CROATIA

Doc ref: 45599/13 • ECHR ID: 001-139857

Document date: December 4, 2013

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H.P. v. CROATIA

Doc ref: 45599/13 • ECHR ID: 001-139857

Document date: December 4, 2013

Cited paragraphs only

FIRST SECTION

Application no. 45599/13 H.P. against Croatia lodged on 3 July 2013

STATEMENT OF FACTS

The applicant is a Croatian national, who was born in 1981 and lives in Zagreb .

The circumstances of the case

The facts of the case, as submitted by the applicant, may be summarised as follows.

The applicant, who worked as a police inspector in the Zagreb Police Department ( Policijska uprava Zagreba č ka ) , was invited to a meeting with a senior police officer on 26 March 2013.

According to the applicant, while he was waiting for the meeting, two police officers approached him and forced him into a room. He was then threatened and ill-treated in order to make him confess that he had had contacts with prostitutes.

As a result of the ill-treatment he sustained injuries to his chest, left arm and shoulder .

In the period between April and June 2013 the applicant complained to the Minister of the Interior ( Ministarstvo uutarnjih poslova ), a parliamentary board for individual complaints, the Zagreb Police Department, the Ministry of Public Administration ( Ministarstvo uprave ) and the Zagreb Municipal State Attorney ’ s Office ( Op ć insko dr ž avno odvjetni š tvo u Zagrebu ) that he was ill-treated during the arrest.

In the meantime, on 10 May 2013 the Office for the Suppression of Corruption and Organised Crime ( Ured za suzbijanje korupcije i organiziranog kriminaliteta ) informed the applicant that a criminal complaint against him had been rejected.

On 16 May 2013 the Ministry of the Interior informed the applicant that his complaints would be examined.

To date no investigative measures have been taken.

COMPLAINTS

The applicant complains, under Article 3 of the Convention, of his ill-treatment during the arrest and police custody and of the lack of an effective investigation in that respect.

He also cites Articles 5 and 14 of the Convention and Article 1 of Protocol No. 12.

QUESTIONS TO THE PARTIES

1. Was t he applicant subjected to ill-treatment during his arrest , in breach of Article 3 of the Convention?

2. Having regard to the procedural protection from ill-treatment (see paragraph 131 of Labita v. Italy [GC], no. 26772/95, ECHR 2000-IV), was the investigation in to the present case by the domestic authorities in breach of Article 3 of the Convention?

The Government are requested to submit two copies of the relevant documents concerning the applicant ’ s arrest, his medical treatment and any investigation taken in that respect.

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