Rights during investigation - arbitrary arrest or detention and deprivation of liberty

Croatia

Croatia - Constitution 1990 (2001) EN

III. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

2. PERSONAL AND POLITICAL LIBERTIES AND RIGHTS

Article 22

Human liberty and personality shall be inviolable.

No one shall be deprived of liberty, nor may such liberty be restricted, except when specified by law, upon which a court shall decide .

III. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

2. PERSONAL AND POLITICAL LIBERTIES AND RIGHTS

Article 24

No one may be arrested or detained without a written court order grounded in law. Such an order has to be read and presented to the person placed under arrest at the moment of said arrest.

The police authorities may arrest a person without a warrant when there is reasonable suspicion that such person has perpetrated a grave criminal offence as defined by law. Such person shall be promptly informed, in understandable terms, of the reasons for arrest and of his/her rights as stipulated by law.

Any person arrested or detained shall have the right to appeal before a court, which must forthwith decide on the legality of the arrest.

CONSTITUTION OF THE REPUBLIC OF CROATIA

III. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

2. PERSONAL AND POLITICAL LIBERTIES AND RIGHTS

Article 22

Human liberty and personality shall be inviolable.

No one shall be deprived of liberty, nor may such liberty be restricted, except when specified by law, upon which a court shall decide.

CONSTITUTION OF THE REPUBLIC OF CROATIA

III. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

2. PERSONAL AND POLITICAL LIBERTIES AND RIGHTS

Article 24

No one may be arrested or detained without a written court order grounded in law. Such an order has to be read and presented to the person placed under arrest at the moment of said arrest.

The police authorities may arrest a person without a warrant when there is reasonable suspicion that such person has perpetrated a grave criminal offence as defined by law. Such person shall be promptly informed, in understandable terms, of the reasons for arrest and of his/her rights as stipulated by law.

Any person arrested or detained shall have the right to appeal before a court, which must forthwith decide on the legality of the arrest.

Croatia - Constitution 1990 (2013) EN

III. Protection of Human Rights and Fundamental Freedoms
2. Personal and Political Freedoms and Rights
Article 22
Human liberty and personality shall be inviolable.
No one shall be deprived of liberty, nor may such liberty be restricted, except when specified by law, upon which a court shall decide.

III. Protection of Human Rights and Fundamental Freedoms
2. Personal and Political Freedoms and Rights
Article 24
No one may be arrested or detained without a written court order grounded in law. Such an order has to be read and presented to the person placed under arrest at the moment of said arrest.
The police authorities may arrest a person without a warrant when there is reasonable suspicion that such person has perpetrated a grave criminal offence as defined by law.Such person shall be promptly informed, in understandable terms, of the reasons for arrest and of his/her rights as stipulated by law .
Any person arrested or detained shall have the right to appeal before a court, which must forthwith decide on the legality of the arrest.

Croatia - Criminal Procedure Code 2009 EN

CRIMINAL PROCEDURE CODE 2009

Part one – GENERAL PROVISIONS

Chapter I - PRELIMINARY PROVISIONS

Article 11

(1) The defendant shall have the right to be brought before the competent court to decide on the charges in the shortest possible time. The duration of investigative detention or other measures of depriving or limiting freedom of the defendant shall be limited to the shortest time necessary.

Croatia - Implementation of Statute of ICC 2003 (2004) EN

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

VI APPREHENSION AND SURRENDER

Article 30

(1) Acting on the request of the International Criminal Court the police shall apprehend the person indicted whose apprehension and surrender or temporary apprehension has been requested by the International Criminal Court, and shall promptly bring the person before an investigative judge of the court authorised to conduct the surrender procedure. If the person indicted is on the run, the police shall conduct the necessary measures at their disposal to find and apprehend the person in question.

(2) If the person indicted is on the run, the investigative judge may, in addition to other measures necessary to find and apprehend the person in question; at the proposal of the public attorney order the measures from Article 180 paragraph 1 sub-paragraphs 1-4 of the Law on Criminal Procedure.

(3) The Government of the Republic of Croatia shall promptly forward to the police the arrest warrant of the International Criminal Court.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

VI APPREHENSION AND SURRENDER

Article 31

(2) The custody ordered by the investigative judge may have the maximum duration as the custody during the investigation pursuant to Article 16 hereof.

Rome Statute

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.