Report on the Performance of the Activities of the National Preventive Mechanism for 2019
1.2. THE POLICE SYSTEM
1.2.1. PROTECTION OF CITIZENS’ RIGHTS, INCLUDING PERSONS
DEPRIVED OF THEIR LIBERTY, IN POLICE TREATMENT
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Complaints to the Ombudswoman
During 2019, we acted in 122 cases, both on the basis of complaints and on our own initiative,
concerning omissions in policing practice, unprofessional and unethical conduct towards citizens, as
well as overstepping police authority in procedures involving the use of force and resulting in
deprivation of liberty.
When it comes to using means of coercion, complaints suggest that the police overstep their
authority most frequently during the arrest and when overcoming resistance. In line with ECtHR
case-law, in such cases an effective and independent investigation has to be conducted, with the
role of the state attorney's office particularly important, as it has to examine all the allegations and
determine whether an investigation should be initiated. An effective investigation should also be
conducted when the use of firearms leads to severe bodily injuries, as in cases of woundings of
irregular migrants, when the SAO initiated an investigation and made inquiries at the scene of the
incident. In addition to an effective investigation, it is necessary to continue to warn and educate
police officers about applying the safety-first rule when using firearms, in order to avoid accidental
firing and endangering human lives.
In addition to the independent investigation conducted by the Croatian State Attorney's office when
there are allegations of police overstepping their authority in a way that might constitute a criminal
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