Wednesday, 27 April 2022

Human Rights in Croatia Stagnating, 2021 Report Shows

ZAGREB, 27 April 2022 - Human rights in Croatia are stagnating and last year they were not high among the government's priorities again, which is a serious problem in the context of new social challenges, it was said on Wednesday at a presentation of a Human Rights House Zagreb report on human rights in Croatia in 2021.

The annual report was presented by programme director Ivan Novosel, who said the state of human rights should be viewed in the context of the 2020 earthquakes in Zagreb and Banija as well as the epidemic.

"Reconstruction was slowed down, de facto there wasn't any. That had a very negative impact on the exercise of citizens' socio-economic rights - the respect for the right to adequate living standards and a home," he said.

Last year again, COVID protocols had a negative impact on access to health and public services as well as social life due to restrictions of the human rights to assemble and move, he added.

Human rights have stagnated or eroded in many other areas also, and Croatian institutions remain unprepared, without ideas or coordination in coming up with clear and quality human rights protection policies, Novosel said.

Despite the establishment of the government's human rights council, human rights were not high on the government's list of priorities again last year, and 2021 ended without valid public policies protecting and promoting human rights and the fight against discrimination as well as without policies on gender equality and civil society development, he added.

Judicial independence perception among lowest in EU

Besides the low trust in institutions, there remain serious problems relating to the efficiency and quality of the justice system.

The perception of its independence remains among the lowest in the EU, and although the perception of corruption in public bodies remains high, the government is reducing the powers of the Conflict of Interest Commission.

Deputy human rights ombudsman Tatjana Vlašić said most of citizens' complaints last year were about discrimination, the exercise of the right to health and the right to work, and about the work of the judiciary.

For more, check out our lifestyle section.

Monday, 18 April 2022

Šimonović Einwalter: System Must Change After the Verdict On Madina's Death

April 18, 2022 - Ombudswoman Tena Šimonović Einwalter believes that, after the ruling of the European Court of Human Rights that holds the Croatian government responsible for the death of little Madina Hosseini, the system must be changed to one that guarantees the security and respect for the human rights of the refugees who enter to Croatia. She points out, in relation to the current situation in Ukraine, that she would like a future response from the EU to be the same for all those escaping the horrors of war.

Ombudswoman Tena Šimonovic Einwalter said in an interview with Hina that, following the ruling of the European Court of Human Rights (ECtHR) in the death of Madina Hosseini, it is important to change the system because ''as a state we want to respect human rights. This is the complete opposite of what Prime Minister Andrej Plenković and the Croatian representative in the Strasbourg court, Štefica Stažnik, claim''. Namely, they both assure that this is not a systemic problem, because Croatia has not been declared responsible for the death of little Madina, but for an ineffective investigation into her death.

The six-year-old girl, Madina Hosseini was killed in November 2017 when she was hit by a train on the Croatian-Serbian border after her family had allegedly been denied the opportunity to seek asylum by Croatian authorities and were ordered to return to Serbia via the tracks.

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Madina Hosseini (Photo: Family album)

The ECtHR confirmed that in Madina's case, Croatia had violated rights under the European Convention on Human Rights. As stated in the verdict, Madina's right to life, humiliated her family's children by keeping them in custody, illegally deprived the whole family of their liberty, and collectively expelled part of the family from Croatia and denied them access to a lawyer.

Why is this verdict significant?

In an interview with Hina, Ombudswoman Tena Šimonović Einwalter commented on the significance of the verdict itself and the moves that Croatia needs to make in order to execute the verdict of that court.

Speaking about the human rights situation, Šimonović Einwalter announced that, in addition to the annual report already published, she would soon present a special report to the Croatian Parliament on the impact of the epidemic in the last two years on human rights and equality.

HINA: The ECtHR passed a verdict deciding in this particular case, but can it be said that it also said that Croatia is systematically violating the rights of refugees at the borders?

ŠIMONOVIC EINWALTER: It is difficult for the ECHR to say that in that way, in those words. This verdict addresses the issue of the treatment of Madina's family, in this specific situation. But the court also says that the case "raises several important issues about migration control by the Croatian authorities" and that "the impact of this case goes beyond the special situation of the family". The court also took into account a number of earlier allegations of violations of migrants' rights.

Some sentences from the decision, it seems to me, therefore indicate that the impact of the case goes beyond this particular family situation and I think it is good to read it that way if we want changes. It is important to carefully analyze and seriously implement this court decision and change the system because as a state we want to respect national law, European law, international law, and human rights. Is there the will to do it? I really hope so.

HINA: The court found that the convention had been violated because the police at the border did not assess the individual situation of the refugee family before they were deported to Serbia. It did not accept the state's argument that the refugee family was crossing the border illegally. What does this mean now, since the beginning of that refugee crisis, it has been persistently emphasized that we are "defending" ourselves at the borders from those who break the law by crossing them?

ŠIMONOVIĆ EINWALTER: In fact, the legal situation was clear even before this decision. It is often pointed out that the police should guard the border, that illegal crossing of the state border is prohibited, and that is exactly what the law says. At the same time, it is legally defined that persons have the right to seek international protection, regardless of the manner of entry into the country. Therefore, there must be an individualized procedure. It includes, because of the risk of violating international law, the possibility that people who are in a specific situation because of fleeing war and exposure to practices such as torture or the death penalty in their countries of origin have the right to seek international protection. It is also needed by people who are victims of human trafficking, rape, or severe violence.

You can't know if that person will have the right to asylum without conducting a procedure - to ask who that person is, where he is fleeing from and why, it is not written on anyone's forehead. As a first contact, officials should try to identify vulnerable people who may want to apply for international protection.

This is a matter of individualized approach, where special vulnerability is sometimes visible at first, for example in children or unaccompanied children, and the best interests of the child must take precedence.

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Tena Šimonović Einwalter (Photo: Zeljko Hladika/PIXSELL)

HINA: In the next six months, Croatia must conduct an effective investigation into Madina's death, but also draw up an action plan to eliminate the violations identified by the court. Will this change the situation and the protocol for treating refugees?

ŠIMONOVIĆ EINWALTER: Within six months, but maybe earlier, the Office of the Representative of the Republic of Croatia before the ECtHR must adopt an action plan. In this regard, through a body in which representatives of various institutions participate, we can also give expert opinions and proposals, and it includes ministries, courts, the Constitutional Court, and others. The point of the ECtHR judgments is justice for individuals, but also to change the practice, if necessary the laws, in order to respect the legal standards of human rights protection. It can also be a question of, for example, how to conduct an effective investigation, which was an important issue in this case. We have also heard that Minister Davor Božinović has publicly stated that the responsibility in such cases is on the system and that we need to see what are the things that can and should be corrected.

HINA: Has the Ukrainian crisis shown that those fleeing the war can be treated differently?

ŠIMONOVIĆ EINWALTER: We are currently witnessing great solidarity of citizens towards Ukrainians, but I would like to remind you that we saw this solidarity of citizens in 2015 as well - and then many were ready to help. However, now the European Union has reacted differently than in 2015. The Temporary Protection Directive existed even then, and could theoretically be activated. It is a political decision at the EU level.

With the recent activation of the directive, IDPs from Ukraine have a much simpler and faster procedure. What can be discussed is whether it should have been activated in the past. Could it have been any different for some other people fleeing another war? I believe that a new level of solidarity and assistance to refugees is now being seen. In an ideal world, I would like to see Europe respond in this way to all refugees fleeing the horrors of war.

HINA: Your report makes recommendations on how to address the shortcomings you have identified in the implementation of human rights. Judging by the number, a total of 156 recommendations, a lot of work, what needs to be worked on the most?

ŠIMONOVIĆ EINWALTER: There are many problems, and I would like to point out the problems of access to health care and health services, the need for stronger support and protection of senior citizens, the issue of access to information for citizens regarding rights, and how to exercise them. It is necessary to ensure that the institutions suit them, that the procedures do not take too long, that they are less formalistic, and that their work shows the understanding that they are there for the citizens, to provide them with an easier way to exercise their rights. In some areas, the problems are long-lasting, I have been working in this institution for 14 years and changes are happening slowly.

We also point out systemic problems analytically and comprehensively. What I am always happy about are the improvements, and of course, there are some, especially when fulfilling some of our recommendations, either in an individual case or these systematic ones from the annual report, lead to a higher level of rights for citizens. That is the point of these recommendations. From the Report for 2020, 43 percent of the recommendations were implemented, which is a big jump compared to 2019, when 20 percent of them were implemented. I hope this trend continues.

HINA: In times of insecurity, the most socially vulnerable groups are particularly hard hit. How should the state act on this?

ŠIMONOVIĆ EINWALTER: Those who have been ill before always suffer the most. It will be the same now - it is the poorer senior citizens, but also those who live near the poverty line. Single-parent families and those with three or more children are in a difficult position.

Government measures to alleviate the situation are welcome, but they will certainly not remove all concerns from citizens. It is important to monitor at the state level whether the measures should be corrected, with special attention to the impact on those who find it particularly difficult, and we will monitor this as well.

HINA: A large number of complaints were related to the use of covid certificates and vaccinations. How has the epidemic affected equality and human rights in Croatia?

SIMONOVIC EINWALTER: We have been through a lot in these two years. The epidemic is still actually going on, so while many of us are feeling relieved, no one knows what will happen in the fall. These experiences should be used to learn and strengthen the key sectors: health, social, education, and civil protection. We are currently finalizing a special report on the impact of the epidemic on human rights and equality in those two years, which we will soon submit to Parliament. The purpose of this report is to see what the effects of the epidemic are and how to manage it. It has changed our lives and we need to see what can be done better and differently.

That is why we analyze the impact on certain human rights and certain groups of citizens because some have fared worse. These are the elderly, but they are not the only ones. There is also the impact of poverty and the availability of different services. The fact is that not everyone could be vaccinated, for health reasons, and at the same time, we had the question of the availability of testing, which was not the same for everyone. There are also lessons about informing citizens, given the fake news and misinformation. We will include all of this in the recommendations, and I hope that this report will be the basis for positive progress towards strengthening the resilience of society in the future, to the epidemic, but also to other possible crises.

For more, check out our politics section.

Wednesday, 13 April 2022

Nobody Called to Account for Violation of Refugees' Human Rights, NGO Says

ZAGREB, 13 April 2022 - The Centre for Peace Studies (CMS) NGO warned Prime Minister Andrej Plenković in an open letter on Wednesday of pushbacks and the failure to call to account those responsible for the violation of human rights of refugees and other migrants, which, it said, happen on a daily basis.

The CMS warns in the letter that Croatia has not been considered a humane country for a long time due to its treatment of refugees.

It notes that the Netherlands on Wednesday decided to suspend the return of refugees to Croatia under the Dublin Regulation due to unlawful and forcible expulsions to which refugees could be subjected.

"That is yet another embarrassment for the country you represent," the NGO said in the letter to Plenković.

It recalls having demanded that Plenković, after in November 2021 the European Court of Human Rights (ECHR) ruled against Croatia in the case of Afghan migrant girl Madina Hussiny, replace national police chief Nikola Milina, Border Police Directorate head Zoran Ničeno, Minister of the Interior Davor Božinović and state secretary Terezija Gras.

The demand was repeated last week following reports that the ECHR ruling in the Hussiny case has become final, but Plenković again refused to do so, saying that the ruling was of an individual character and was not proof of any systemic problem for which the authorities could be responsible, the CMS says.

Recalling in its letter the ruling in the Hussiny case, the CMS also warns that two other cases against Croatia for the collective expulsion of refugees have been underway before the ECHR.

It notes that, according to media reports, refugees are provided with inadequate accommodation, such as in garages.

The CMS also warns that in the past six years there have been numerous reports by civil society organisations, domestic institutions for human rights protection and international institutions, as well as media reports and footage by domestic and foreign media, and testimonies by refugees and police officers, showing that this is a systematic, long-lasting and widespread practice.

"The gravest forms of violation of refugees' and other migrants' human rights in our country happen on a daily basis, and nobody has answered for it yet," the NGO says in the letter.

Following each report of refugees having been beaten up and pushed back, the Ministry of the Interior claimed that it was an isolated incident, as stated also by Plenković in a comment on the death of Madina Hussiny and systematic harassment of her family.

"Prime Minister Plenković, how many isolated incidents constitute systematic practice?" the NGO asks the PM in the letter, calling for the replacement of the responsible officials.

For more, check out our lifestyle section.

Monday, 28 March 2022

Human Rights House Publishes Curriculum on Freedom of Expression and Media

28 March 2022 - The Human Rights House Zagreb, in collaboration with the Embassy of the United Kingdom and lawyers Vesna Alaburić and Vanja Jurić, has developed a curriculum for lawyers and other legal experts on freedom of expression and freedom of the media.

The curriculum will serve as a basis for training on freedom of expression and freedom of the media and will help strike a balance in the conflict between the right to freedom of expression and the right to protection of reputation and other personality rights.

"This curriculum is aimed at strengthening the capacity of lawyers and other legal experts, as well as journalists, editors and media publishers, in providing legal arguments in the area of freedom of expression to reduce the number of potential new cases ending up before the Constitutional Court of the European Court of Human Rights," the non-governmental organisation said.

The curriculum has been released as an electronic publication.

Monday, 11 October 2021

Božinović Says Waiting for Results of Investigation Into Violence Against Migrants

ZAGREB, 11 Oct 2021 - Interior Minister Davor Božinović on Monday said that he did not have any new information related to videos of police violence against migrants and that it is necessary to wait for the results of the investigation.

"We'll wait and see what the results of the investigation show. Everything that will happen as part of the relevant procedures will be in line with what the police chief said on Friday," Božinović told reporters.

Protecting the borders in line with the law

Asked about responsibility in the chain of command, Božinović underscored that the orders are to protect the state borders in line with the law.

"There cannot be any order that is not in line with the law. As soon as I receive the report from the police directorate, I will forward it to the prime minister, even though we have already discussed all this," said Božinović.

He said that police officers, particularly those assigned to border control, doing one of the most difficult jobs.

He added that there were cases when the police themselves identified cases of police officers overstepping their powers or unlawful conduct.

He said that disciplinary procedures had been underway from before against eight police officers and that 22 cases had been documented and submitted to the State Attorney's Office (DORH).

"When someone individually breaches or oversteps their authority anywhere, there are services in the police directorate and internal controls to conduct investigations and decide on the penalties," he said.

Commenting on an anonymous letter by a police officer who claimed two years ago that an order existed for violent pushbacks, Božinović reiterated that anything that was reported was always investigated. DORH rejected 13 of the 22 cases for lack of evidence, he said.

The anonymous police officer's letter refers to a specific case, with a specific location and date, which previously was not the case, said Božinović and added that a prompt reaction followed the anonymous letter and that the matter was still being investigated.

Božinović also commented on a recent drug incident in the Croatian Army, underscoring that police offices were exceptionally active regarding the fight against drug smuggling.

"The cocaine market is expanding into the general population, which is concerning. We will meet with the anti-drug commission in the next few days. In 2020, 60 kilograms of cocaine were confiscated whereas in the first eight months of this year more than 667 kilograms were seized," he said.

For more on politics, CLICK HERE.

Tuesday, 14 September 2021

European Parliament For Recognising Same-Sex Marriage Across EU

ZAGREB, 14 Sept, 2021 - A majority of members of the European Parliament on Tuesday endorsed a draft resolution seeking the recognition of same-sex marriages and registered partnerships in all member states.

The draft was endorsed by 387 MEPs, 161 voted against and 123 abstained.

The resolution says same-sex spouses and partners should be treated equally as heterosexual ones, and that marriages and partnerships concluded in one EU member state should be recognised in all.

Of the Croatian MEPs, the draft was endorsed by Biljana Borzan, Predrag Matić and Tonino Picula of the Social Democratic Party (SDP) and Valter Flego of the Istrian Democratic Party.

Independent Mislav Kolakušić and conservative Ladislav Ilčić were against, while Sunčana Glavak, Karlo Ressler, Tomislav Sokol and Željana Zovko of the Croatian Democratic Union (HDZ) abstained.

Ivan Vilibor Sinčić (Human Shield) did not vote as he was in Rome, and Romana Jerković (SDP) could not because of technical difficulties, but her office told Hina that she "supports this resolution."

Speaking to Hina, Matić said the adoption of the resolution was a "civilisational achievement", while Flego said it was unacceptable that LGBTIQ rights were being reduced instead of advanced in many countries, and that it was time to "finally give everyone equal rights."

Ilčić told Hina the resolution "is consciously trying to equate the legal status of same-sex couples in all member states, thus negating the right of the states to independently decide which unions they will recognise and which they won't."

"That would mean that the whole EU must follow the most liberal states to avoid alleged discrimination, which is absurd, contrary to the treaties and the subsidiarity principle," he said, adding that the LGBT lobby was exerting enormous pressure on the European institutions.

The resolution also calls on the European Commission to take action against Romania, Hungary and Poland for violating LGBTIQ rights and fundamental EU values.

For more about politics in Croatia, follow TCN's dedicated page.

Monday, 30 August 2021

Digital Activism Solidarity School: Teaching Young People Digital Literacy

August 30, 2021 - If you want to learn more about navigating fake news and contributing to the battle against misinformation, you might want to apply for the Digital Activism Solidarity School in Kaštel Kambelovac. Here's how you can apply by September 10, 2021.

Summer education programmes aren't unusual in Croatia, as TCN reported earlier in May, the five-day Summer Business School organised by Step-Ri Science-Technology Park and the American Embassy in Croatia in June attracted business enthusiasts and entrepreneurs to Rijeka to learn more about the field.

In the final rays of summer 2021, from September 24-26, another education programme will bring its students to learn in the cozy Mediterranean environment of Kaštel Kambelovac. The Digital Summer School, organised by the SOLIDARNA Foundation, aims to promote digital and media literacy to combat the spread of fake news and misinformation.  

As the SOLIDARNA Foundation website states, the three-day workshop will teach the participants to recognise and fact-check fake news. It will also teach people to actively participate in content produced on social media, creating and launching a content alternative to fake news. Finally, the participants will also learn how to use satire in the promotion of human rights and how to communicate their values effectively.

''This workshop is intended for students, socially active individuals and to everyone else under 30 years of age who are interested in manufacturing digital content promoting human rights and fighting against fake news,'' says the public call on the website.

Experts from both Croatia and the wider region will share their knowledge on the subject. The experts include Tijana Cvjetićanin, a journalist at the Bosnian fact-checking site Raskrinkavanje.ba, Emina Bošnjak, executive director of the Sarajevo Open Centre (SOC), Borna Sor, a Croatian satirist (no stranger to TCN) and digital communication expert, Luka Kerečin.

Participation in the workshop is free, with both secured transport, accommodation, and food, but with a limited amount of places. Participants need to bring a laptop with them. Those who want to apply need to send a brief motivation letter about their interests and their past aexperience in activism toThis email address is being protected from spambots. You need JavaScript enabled to view it. by September 10, midnight at the latest. The title of the mail must be “DIGITAL YOUTH ACTIVISM” and for all additional questions, you can send an inquiry to This email address is being protected from spambots. You need JavaScript enabled to view it..

Founded back at the end of 2015 and guided by the teachings of Eleanor Roosevelt, the SOLIDARNA Foundation says it wants to return human rights home ''to the hearts, minds, and lives of ordinary people.''

''The SOLIDARNA Foundation for Human Rights and Solidarity creates new opportunities for all citizens to act in solidarity, in our common effort to protect human rights and meet fundamental human needs, reduce inequalities and expand freedoms in all spheres of society,'' explains SOLIDARNA on its website.

With digital nomads and the digital industry being a more and more recognisable source of income and business in the country, digital literacy and being able to differentiate between facts and lies on the internet is ever more important.

Learn more about digital nomads with our TC guide.

For more about education in Croatia, follow TCN's dedicated page.

Friday, 6 August 2021

WEAA Black Lives Matter Croatia Report: TCN Helping American Colleagues

August 7, 2021 - Professor David Marshall arrived in the City of Zagreb to do a WEAA Black Lives Matter Croatia report and TCN reporter Ivor Kruljac meet up with him, providing on-record statements and research assistance as TCN partner up with WEAA to bring this story to the American public.

''So this is the statue of King Tomislav, our first Croatian King,'' I said to the visiting American when we arrived at Zagreb's ''Tomislavac'' (King Tomislav Square). He ruled back during the 10th century and he reigned over the biggest territory that encompassed today's Croatia, as well as what is now Bosnia and Herzegovina.''

''How did you say you pronounce his name?'' asked me the American.

''Tomislav'' I repeated, noticing he had a bit of an issue pronouncing the name, so I broke it down the best way imaginable.

''So, it's Tomi, you know like the name Tommy, and slav, like slavs, as in Slavic people, so its Tomislav,''

''So... Tomi-slav?'' he asked.

''Exactly. Basically, he's a Slavic Tommy,'' I added.

''Slavic Tommy! I love it!,'' said our American visitor to the capital. tcn_reporter_ivor_kruljac_with_prof_marshall.jpg

 Professor David Marshall with TCN reporter Ivor Kruljac in Zagreb

Croatia: Expressing solidarity and understanding global problems

Dr. David Marshall is Professor and Chair of the Department of Strategic Communication in the School of Global Journalism & Communication (SGJC) at Morgan State University in Baltimore, USA.

He worked on an assignment for WEAA, a radio station that, under the slogan ''Voice of the community'', brings its audience a programme of jazz, gospel, reggae, and public affairs. In the sea of many interesting issues WEAA covers, they collaborate with Morgan State University on a project entitled ''WEAA on assignment''. One of these assignments takes a look at the Black Lives Matter (BLM) movement around the world, which brought professor Marshall to Croatia.

With TCN writing about the 2020 protest in Zagreb in support of BLM triggered by the horrible death of George Floyd which shocked the world, it was only logical to partner up with WEAA on their story in Croatia. Check it out yourself in the video below:

 

The BLM movement in Croatia may come as a bit of a shock to those who know that Croatia is the most racially pure caucasian country in the entire world (with 99.3% of the population being ethnic Croats). That said, the country still has a black community.

With Total Croatia News being totally about Croatia, we even covered what it's like for black people living in Croatia and listed some unfortunate incidents that black people have experienced in the country. For example, the case of Nigerian students that participated in World InterUniversities Championships who were exiled from Zagreb to Bosnia, as they were thought to be refugees, or the case of two black members of the US Air Force that were attacked at a Nightclub in Zadar (with police reports stating that they were not attacked because of their race, but rather because they were twerking in the club, and attackers thought they were gay, which is just as awful).

Thus, the BLM support protest in Zagreb wasn't just about global solidarity, but about associating the injustice and discrimination in the US with the discrimination in Croatia. Homophobia and the questionable treatment of refugees seeking asylum in Croatia being the most widely known issues of discrimination and inequality here.

Croatia: Full of news stories 

As TCN continues to cover Croatia in the most total sense possible, encompassing both the good and the bad, we were honoured to be recognised by WEAA and we were more than glad to able to assist them in their reporting. If you yourselves are journalists and reporters coming to Croatia to cover a story, don't hesitate to contact us, and we will help as much as we can. The best way to reach us is via e-mail address This email address is being protected from spambots. You need JavaScript enabled to view it., but you can also contact us through Facebook.  

Check out our new Total Croatia website that brings you detailed reports on Croatia, covering destinations, culture, history and much, much more.

For more news about Croatia in English, make sure to follow TCN.

Tuesday, 3 August 2021

HRW, AI And Other NGOs Criticise Croatian Border Monitoring Mechanism

ZAGREB, 3 Aug, 2021 - Human Rights Watch, Amnesty International and six other NGOs on Tuesday criticised the new Croatian border monitoring mechanism, expressing concern about the body's independence and efficiency.

Recent media reports and official statements about the newly established border monitoring mechanism raise serious concerns, especially over the body's mandate, efficiency and independence, Amnesty International, Are You Syrious, the Centre for Peace Studies, the Danish Refugee Council, Human Rights Watch, the International Rescue Committee, Refugee Rights Europe and Save the Children said in a joint press release.

The Croatian government announced that the negotiations on the mechanism have concluded, but has not publicly disclosed further details about its structure or functioning, according to the press release.

The independent mechanism should monitor the treatment of illegal migrants by police officers, following several reports by NGOs of violations of migrants' rights at the border, which the Croatian government denies. The establishment of the mechanism was earlier proposed by the European Commission.

"Any border monitoring mechanism should be independent in law and practice and have sufficient resources and a robust mandate to monitor border-related operations anywhere on the territory of a state," the NGOs said.

The source of contention is the fact that according to the NGOs, the mechanism's mandate would be limited to police stations near the border and border crossings, while most contentious actions of the Croatian authorities take place further away from them, the press release says.

The objection also referred to the involvement of other institutions and organisations.

"To ensure that the mechanism is credible and effective, it needs to involve independent institutions or organisations that have monitoring experience – such as civil society organisations, United Nations agencies, and national human rights institutions – that are not financially dependent on the government;" they said, adding that any mechanisms that do not meet such standards could undermine the European Commission's efforts to end violence on the Union's external borders.

"The Commission should actively review and assess the mechanism to ensure that Croatian authorities put in place a system that can credibly monitor compliance with EU law in border operations and should provide political and financial support only to a system that meets the above standards," the NGOs said.

For more about politics in Croatia, follow TCN's dedicated page

Tuesday, 20 July 2021

European Comission Publishes Rule of Law Report on Croatia

ZAGREB, 20 July, 2021 - A series of alleged ethical breaches and disciplinary violations by judges led to proceedings against them, public procurement procedures remain a high-risk area for corruption, and lawsuits against journalists give rise to concern, the European Commission says in a report on the rule of law in Croatia.

The Commission on Tuesday published its second annual report on the rule of law in the EU member states, a new instrument that should help in early detection and prevention of problems relating to the rule of law.

The report covers four key areas: the justice system, the anti-corruption framework, media freedom and pluralism, and institutional issues relating to checks and balances.

The Commission noted that the report only provides a description of the situation without giving any recommendations and is not designed as a ranking. Its purpose is to raise public awareness and promote open discussion between the member states on rule of law issues both at national and at EU level.

The justice system

The Commission says that the Croatian justice system has seen improvements in reducing length of proceedings and backlogs, but that further improvements are still needed to address serious efficiency and quality challenges.

"The ongoing process for appointing the new Supreme Court President has given rise to controversy and to repeated disparaging public statements against judges", and "the Constitutional Court stressed the importance of cooperation between state authorities" in addressing different views on the appointment of the Supreme Court President.

"The State Judicial Council made proposals to strengthen its role in selecting judges – an issue already raised in the 2020 Rule of Law Report."

Without naming any names, the report says that "a series of alleged ethical breaches and disciplinary violations by judges led to proceedings before the State Judicial Council and Judges’ Councils, as well as to a criminal investigation."

"The level of perceived judicial independence remains very low. Shortages in human resources of the State Judicial Council and the State Attorney’s Councils remain, even if some limited reinforcements have been allocated to verify the newly published asset declarations of judges and state attorneys," the Commission says.

The anti-corruption framework

The reports notes that a new Strategy on the Prevention of Corruption for 2021-2030 is in the public consultation process, envisaging the strengthening of the legal framework on prevention of conflict of interest, which is currently being drafted. Codes of Ethics for members of the Government and for members of Parliament are still missing, while “revolving doors” are only partially regulated.

"Detailed rules on lobbying activities remain to be introduced. While changes to the framework of political immunity of the members of Government were announced, the legislative action has yet to follow. Public procurement procedures remain a high-risk area for corruption, and several cases have been discovered due to reporting by whistleblowers. The prosecution and investigation of high-level corruption continues, but due to protracted proceedings convictions are often delayed."

Media freedom

"Croatia is updating its media legislation to transpose the Audiovisual Media Services Directive, with the revision of the Electronic Media Act to be adopted still in 2021. Concerns about the political independence of the Agency for Electronic Media persist," the Commission says.

"Croatia has a solid framework on transparency of media ownership information and envisages further improvements. While state advertising is partly regulated by the Electronic Media Act, stakeholders report it often undermines the political independence of media outlets which are economically dependent on such funding, notably at local level.

"A legal framework for the protection of journalists is in place, but they continue to face threats. In particular, the high number of strategic lawsuits against public participation (SLAPPs) targeting journalists continues to be a serious concern. Access to information is ensured by law, but delays in the processing of requests from journalists persist."

Checks and balances

The Commission says that although public consultations are embedded in legislative procedures, stakeholders perceive citizen participation to be rather formalistic than substantive.

It notes that Croatia did not declare a state of emergency, and COVID-19 pandemic measures were based on the twice-mended law regarding infectious diseases. "The Constitutional Court has reviewed these measures, finding that they were compatible with the Constitution and also ruled that Parliament should find ways to guarantee its functions during the pandemic."

"The People’s Ombudsperson’s access to the information required to undertake investigations
needs further improvement. The National Plan for Creating and Enabling Environment for
the Civil Society Development 2021-2027 remains in drafting phase since 2016 – an issue
raised in the 2020 Rule of law Report," the Commission says.

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