In Dialogue with Croatia, Experts of the Human Rights Committee Commend Measures to Investigate War-Era Enforced Disappearances, Raise Issues Concerning Historic Hate Crimes and Corruption
The Human Rights Committee today concluded its consideration of the fourth periodic report of Croatia on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts commending measures implemented by the State to investigate cases of war-era missing persons and enforced disappearances, and raising issues concerning historic hate crimes and corruption.
A Committee Expert welcomed the adoption in 2019 of the law on missing persons in the context of the Patriotic War and the ratification by Croatia of the Convention on Enforced and Involuntary Disappearances in 2022. How many forensic teams were trained to identify and investigate mass graves? What measures had the State party taken to promote international cooperation regarding investigations of enforced disappearance?
The Expert, however, noted that historic acts of hatred and violence against minorities, including ethnic and gender minorities, were reportedly rarely prosecuted. Did the State party plan to introduce a systematic prosecution policy for such crimes, and provide adequate measures to promote the rehabilitation and reparation of victims?
Another Committee Expert said that 96 per cent of persons in Croatia believed that corruption was widespread. What measures would the State party take to prevent corruption linked to State-owned companies? Had public officials been sanctioned for corruption? Of around 1,200 persons reported for corruption offences, only 82 had been indicted over the reporting period. Why was this?
Juro Martinović, State Secretary, Ministry of Justice, Public Administration and Digital Transformation of Croatia and head of the delegation, said the dialogue with the Committee was a unique opportunity to present Croatia's progress and good practices concerning the protection of civil and political human rights. Croatia continuously strengthened its legislative framework for improving and protecting human rights. The State had adopted national action plans for the protection and promotion of human rights, the suppression of discrimination, the suppression of sexual violence and sexual harassment, gender equality, equalisation of opportunities for persons with disabilities, and Roma inclusion, and a new procedural protocol for cases involving hate crimes.
Mr. Martinović said that the issue of missing persons remained a humanitarian priority – there were still around 700 unresolved cases. Efforts had been made to resolve cases, improve search processes, and enhance inter-State cooperation. The delegation added that Croatia had sufficient technical, human and financial resources to conduct searches for missing persons. The State party was continuously carrying out field research and exhumations. A protocol had been developed to regulate the search for missing persons, but this was not being implemented by Serbia.
The delegation also reported that the State party had a strategy for prosecuting war crimes and was implementing activities to promote regional cooperation on prosecution. More than 700 persons had been convicted of war crimes in Croatia. The Government was investing in the construction of memorial sites for historical crimes, including a memorial for Roma victims of the Second World War. It planned to create a new system for monitoring hate speech and hate crimes together with civil society.
On measures to prevent corruption, the delegation said an act on protection against conflict of interest was implemented in 2021. Codes of conduct for civil servants, members of parliament and police officers that aimed to prevent corruption were also recently introduced. Everyone had the right to file a complaint with the State Attorney’s Office, leading to the large number of reports of corruption, many of which were found to be unsubstantiated. A specialised State Attorney’s Office for corruption had indicted around 100 persons for crimes of corruption over the reporting period, including 55 high profile Government officials.
In concluding remarks, Mr. Martinović said Croatia had developed efficient mechanisms to respond to many challenges it faced in the domain of human rights. The Committee’s questions would serve as guidelines in the State party’s future work. The State was dedicated to protecting and promoting human rights and would devote further efforts towards this aim in the future. Croatia hoped to continue its successful and fruitful dialogue with the Committee.
Tania María Abdo Rocholl, Committee Chairperson, in concluding remarks, said that the Committee trusted that Croatia would continue to work to implement the Committee’s concluding observations and Views. The dialogue had addressed, among other topics, the rights of minorities, violence against women, trafficking in persons, treatment of detainees, prohibition of torture, freedom of religious belief, and freedom of expression. The Committee was determined to ensure the full implementation of the Covenant in Croatia.
The delegation of Croatia was made up of representatives of the Ministry of Justice, Public Administration and Digital Transformation; Ministry of Science, Education and Youth; Ministry of Physical Planning, Construction and State Assets; Ministry of Labour, Pension System, Family and Social Policy; Attorney General of the Republic; Judicial Academy; Office for Human Rights and Rights of National Minorities; Ministry of Croatian Veterans' Affairs; Ministry of Culture and Media; Ministry of Interior; Ministry of Foreign and European Affairs; Office for Gender Equality; and the Permanent Mission of Croatia to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and forty-first session is being held from 1 to 23 July 2024. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m. this afternoon, Wednesday 3 July, to begin its consideration of the third periodic report of Malta (CCPR/C/MLT/3).
Report
The Committee has before it the fourth periodic report of Croatia (CCPR/C/HRV/4).
Presentation of the Report
JURO MARTINOVIĆ, State Secretary, Ministry of Justice, Public Administration and Digital Transformation of Croatia and head of the delegation, said Croatia, as a member of the United Nations, the European Union and the Council of Europe, was committed to improving human rights, including civil and political rights. Croatian national Ivan Šimonović had been elected as a member of the Human Rights Committee in the May elections.
The dialogue with the Committee was a unique opportunity to present Croatia's progress and good practices concerning the protection of civil and political human rights. Croatia continuously strengthened its legislative framework for improving and protecting human rights. In 2021, it ratified the International Convention for the Protection of All Persons from Enforced Disappearance. The State had adopted national action plans for the protection and promotion of human rights, the suppression of discrimination, the suppression of sexual violence and sexual harassment, gender equality, equalisation of opportunities for persons with disabilities, and Roma inclusion, and a new procedural protocol for cases involving hate crimes.
There had also been progress on the criminal law, including the introduction of the criminal offense of femicide, amendments to the Act on Protection from Domestic Violence, and the establishment of sexual harassment, previously a misdemeanour, as an exclusively criminal offence. New qualifying offences related to hate crimes were also introduced.
Croatia actively addressed challenges within the prison system while strengthening the probation service and electronic monitoring service. Decisive steps were taken towards modernising the prison system, including financial investment, and infrastructure modernisation and harmonisation with international standards and recommendations.
Over the past five years, laws were amended to improve the appointment criteria for judicial officials, citizens' access to justice, conditions for reducing case backlogs, specialisation of judges, and mandatory public disclosure of anonymised court decisions to ensure transparency and strengthen public trust. Funds for free legal aid were also significantly increased.
Regarding women's rights, Croatia made progress in encouraging the equal distribution of household chores and parental responsibility. The number of highly educated women and women in decision-making positions had increased. Amendments to the Criminal Code introduced a definition of gender-based violence against women and recognised it as an aggravating circumstance in violent crimes. Croatia provided counselling centres for victims of domestic and sexual violence, operated several helplines, and provided 25 shelters. Public campaigns and trainings were conducted to raise awareness and support victims, and the Government promoted gender mainstreaming in policy making.
The Operational Programmes for National Minorities had been part of the Government Programme since 2017, promoting cultural tolerance, rule of law policy, and minority rights. These programmes were developed in cooperation with national minority representatives. The Regional Housing Programme addressed housing needs for vulnerable groups, including refugees and internally displaced persons, with significant investments and housing provisions. Earthquake recovery projects included renovation and construction to address damaged buildings.
Croatian asylum legislation provided applicants with free legal aid. The "New Neighbours" project aimed to include persons granted international protection in society. The State had established an independent monitoring mechanism for the conduct of border officials. It had adopted several protocols on human trafficking and a related national action plan focusing on strengthening cooperation in criminal proceedings, identifying victims and protecting their interests. A new national plan was being developed to further improve the system.
Human rights education was emphasised in Croatia, with training programmes for judicial officials, police officers and civil servants on discrimination, domestic violence, trafficking, hate crime, and hate speech. In prosecuting war crimes, Croatia continued to fight impunity and support victims, providing compensation for victims of sexual violence during the Homeland War. The issue of missing persons remained a humanitarian priority – there were still around 700 unresolved cases. Efforts had been made to resolve cases, improve search processes, and enhance inter-State cooperation.
In conclusion, Mr. Martinović expressed Croatia's commitment to achieving the highest level of human rights protection, especially concerning political and civil rights.
Questions by Committee Experts
A Committee Expert welcomed that Mr. Šimonović had been elected to the Committee. He would be a great asset to its work when he started next year. There were concerns about Croatia’s delayed implementation of the Committee’s previous concluding observations. The State party did not have an institution for following up on these and monitoring implementation. Were there plans to establish one? Was the Human Rights Commission, which was established in 2021, still operational? Could the Commission be involved in follow-up to the Committee’s concluding observations? Were the Committee’s recommendations translated into Croatian, and brought to the attention of the media and relevant stakeholders?
The Committee noted that a national action plan for the protection of human rights had been developed but expressed concern about the involvement of civil society in developing the plan. How would the State party ensure the adoption of plans developed with civil society? The last plan on supporting civil society had concluded in 2016; were there plans to create a new one? How did the State party guarantee the full independence of its Ombudsperson institutions? Were there plans to create an official Croatian translation of the Covenant? The State party provided human rights training to its officials. Did this training address the Covenant and its provisions? Courts in Croatia often did not apply the Covenant. Could the State party provide examples of cases in which the Covenant had been referenced?
Another Committee Expert said 96 per cent of persons in Croatia believed that corruption was widespread. What measures would the State party take to prevent corruption linked to State-owned companies? Had public officials been sanctioned for corruption? What measures were in place to prevent conflicts of interests for State officials? Croatian courts were relatively slow in adjudicating corruption cases. How would case processing be sped up? Of around 1,200 persons reported for corruption offences, only 82 had been indicted over the reporting period. Why was this? Were there examples of senior public officials having been convicted? What amount of assets had been recovered?
Violence against women was a major issue in Croatia. One in five women in Croatia had reportedly experienced physical or sexual violence. From 2018 until 2023, 76 women had been murdered. Around 75 per cent of femicides were committed by intimate partners. How would Croatia collect more data on intimate partner violence? Would the State party envisage prosecuting domestic violence exclusively under criminal mechanisms? Law enforcement agencies often showed an absence of gender sensitivity. What further training was envisaged to address this? How would the State party ensure a timely response from officials to violence, increase the imposition of evictions for perpetrators of violence, increase funding for shelters for victims of violence, and provide support to child victims of domestic violence?
One Committee Expert said that in 1992, he had discovered a mass grave in Croatia, the exploitation of which led to the identification of victims of a massacre and the trial of the perpetrators. Prosecutions of war crimes reportedly disproportionately targeted Serbian perpetrators. The Expert commended Croatia for adopting legislation on the rights of victims of war crimes. What measures were in place to expedite the prosecution of war crime suspects and to ensure that such cases were tried objectively, regardless of the defendant’s ethnicity? How would the State party ensure that reparations for civilian victims were at the same level as those provided to ex-combatants? How many requests for reparations had the State received during the reporting period, including from rape victims, and what reparations had been paid?
The Committee welcomed the adoption of the law on missing persons in the context of the Patriotic War in 2019 and the ratification by Croatia of the Convention on Enforced and Involuntary Disappearances in 2022. How many cases of enforced disappearance had been tried over the reporting period? How many forensic teams were trained to identify and investigate mass graves? What measures had the State party taken to promote international cooperation regarding investigations of enforced disappearance? How was the State party informing families of the progress into investigations of enforced disappearances and supporting their access to victims’ assets?
Historic acts of hatred and violence against minorities, including ethnic and gender minorities, were reportedly rarely prosecuted. It was concerning that the President of the Republic had called the conviction of war criminal Tihomir Blaskic by the International Criminal Tribunal on Yugoslavia “political”. While the existence of a memorial at the site of the Ovcara massacre was welcomed, it was worrying to see a bridge there named after the “Grom”, the special police, which was accused of having executed 13 prisoners of war there. The Committee welcomed the criminalisation of hate crimes, including incitement to violence against minorities. However, convictions for such crimes remained low. Many of these crimes were underreported. Did the State party plan to introduce a systematic prosecution policy for such crimes, and provide adequate measures to promote the rehabilitation and reparation of victims?
One Committee Expert said the Committee appreciated the increase to the budget for eliminating discrimination, and the national action plan on Roma inclusion. It was interested in the implementation of these measures. Around 46 per cent of Roma still lived in isolated settlements, with limited access to basic services such as water and electricity. How would the State party promote the Roma’s access to good quality housing and essential services? One survey indicated that 62 per cent of the Roma were unemployed, compared to around 10 per cent for the rest of the population. Was the gap in the employment rate decreasing? How was the Government addressing this? Around 90 per cent of unemployed Roma had only primary level education. There was a growing number of Roma in ethnically separated classes. There were various measures implemented to improve school enrolment; what impact had they had? How would the State party end the segregation of Roma children?
The basic education models promoted access to native language education. However, the city of Vukovar had abolished the use of Cyrillic script in 2022 as the Serbian population had fallen below a 30 per cent threshold, though it was still at 29 per cent. How did the State party ensure the rights of minorities to use their own writing systems and access education in their mother tongues?
National action plans lacked goals and measures related to transgender persons’ access to healthcare and to preventing discrimination of lesbian, gay, bisexual, transgender and intersex children. How were awareness raising campaigns addressing discrimination against lesbian, gay, bisexual, transgender and intersex people, and what impact had they had? How was the State party promoting understanding of lesbian, gay, bisexual, transgender and intersex persons in the curriculum? What special measures were being implemented to protect the rights of lesbian, gay, bisexual, transgender and intersex persons within the national action plan on preventing discrimination?
A Committee Expert said that gender stereotypes reportedly remained widespread in Croatia. What measures were in place to address these? How had the State party responded to complaints of gender stereotyping in State textbooks? There were reports of difficulties in implementing the Gender Equality Act, which promoted women’s representation in elections? How had the State party promoted its implementation? How was compliance with the new code promoting women’s representation on the boards of private companies being monitored? How was the State party promoting equal pay for equal work and developing a national action plan on women’s rights?
There was a lack of data on refusals of abortions. Some public hospitals reportedly refused to carry out legal abortions without being sanctioned. Were there plans to collect data on this practice and impose sanctions? There was a lack of access to post-partum care in rural areas and reports of mistreatment in maternal healthcare. How was the State party promoting quality access to maternal health care? Had the State party assessed the barriers faced by undocumented migrant women in accessing health care?
Responses by the Delegation
The delegation said there needed to be a body for monitoring recommendations by the human rights treaty bodies. Croatia planned to set up such an institution by 2025. The Government included representatives of relevant civil society organizations and local government units in the development of all national action plans. There was an imbalance between the resources available for the specialised Ombudspersons and their independence compared with the General Ombudsperson. The State party planned to develop legislation to address these issues by 2026.
Croatia was raising awareness among citizens regarding their rights under the Covenant. Government bodies had published the Covenant online in Croatian. The Judicial Academy had organised several training units related to Covenant rights; over 1,500 judicial officers had been trained in these units in the past five years. Many different judgements referred to the Covenant in a variety of legal domains.
Public opinion surveys pointed to the need to raise awareness about the effects of corruption and measures implemented to fight it. The Government was currently carrying out such a campaign, which addressed the prevention of conflict of interest. A new act on the protection of whistleblowers was adopted in 2022, improving the procedure for internal reporting of irregularities. Training had been provided to various stakeholders on the protection of whistleblowers. The act on protection against conflict of interest was also implemented in 2021. Codes of conduct for civil servants, members of parliament and police officers that aimed to prevent corruption were also recently introduced.
Everyone had the right to file a complaint with the State Attorney’s Office, leading to the large number of reports of corruption, many of which were found to be unsubstantiated. A specialised State Attorney’s Office for corruption had indicted around 100 persons for crimes of corruption over the reporting period, including 55 high profile Government officials. There were also special departments for the confiscation of illegally acquired property. The State Attorney’s Office carried out monitoring of the asset recovery process.
Femicide had been introduced as a criminal offence from April this year. The minimal penalty for this offence was 10 years imprisonment. The definition of gender-based violence in legislation was taken from the Istanbul Convention. Gender-based violence was considered as an aggravating circumstance. New legislation criminalised revenge pornography and deep-fake pornography, which was prosecuted ex-officio. Sanctions for gender-based violence were increased in 2021. Persons who did not respect protective injunctions could be imprisoned for at least 10 days. The imposition of restraining orders had increased and specialised judges for cases of domestic violence had been appointed.
Police carried out monitoring activities and analysed each femicide and domestic violence case carefully to uncover weaknesses and prevent repetition. Binding instructions were regularly issued to police stations regarding the protection of family members affected by domestic violence. Training on the protection of victims of domestic violence was being continuously improved. Such training was carried out for over 1,200 police officers last year. Non-governmental organizations regularly accompanied victims in police stations to provide them with support. Awareness raising campaigns had been carried out to increase public awareness of gender-based violence. There were 25 shelters for victims of gender-based violence, which could house around 380 persons. They were currently at about 60 per cent capacity.
Croatia had sufficient technical, human and financial resources to conduct searches for missing persons. The identification of remains was carried out by five independent institutions. A key obstacle was the lack of credible information regarding mass graves. The State party was continuously carrying out field research and exhumations. It was still searching for 500 persons who went missing during the period of aggression against Croatia by Serbia. A protocol had been developed to regulate the search for missing persons, but this was not being implemented by Serbia. Officials gathered information from all sources at their disposal and regularly provided support and assistance to the families of victims. Croatia was guided by impartial criteria in the prosecution of war crimes. Regional cooperation was important in this regard. Croatia had in 2019 proposed a bilateral agreement with Serbia on the impartial investigation of war crimes, but Serbia had not joined this agreement.
Training sessions on hate crimes were carried out for 400 persons in the police academy and in lifelong learning programmes. The State had also amended the act on misdemeanours to increase sanctions for hate crimes, and set up a working group to define hate speech. The Government provided financial support to advocate organizations for national minorities and was investing in the construction of memorial sites for historical crimes, including a memorial for Roma victims of the Second World War. The Government planned to create a new system for monitoring hate speech and hate crimes together with civil society.
The Ministry for Human Rights had started the process of developing a national action plan on preventing discrimination. The national action plan on Roma inclusion included targets based on the situation of the Roma in 2019. Progress had been made in implementing this plan; around 47 per cent of activities related to housing had achieved concrete results. The national action plan on the development of the education system included measures to address the segregation of the Roma. All Roma children could go to kindergarten free of charge. Currently, around 70 per cent of Roma children of kindergarten age were attending kindergarten; the Government planned to increase coverage to 90 per cent.
Follow-Up Questions by Committee Experts
A Committee Expert was pleased to hear plans to set up a coordination framework for reporting to treaty bodies. How would this framework involve the Ombudsperson institutions and civil society organizations? How often did the Constitutional Court rely on the Covenant? Were human rights taught in universities, as well as primary and secondary schools? Was there media coverage of the current dialogue? What efforts had been made to raise awareness about the dialogue?
Another Committee Expert asked how had the 2021 law on conflict of interest contributed to decreasing conflicts of interest? How did the State party intend to increase the speed of sentencing in corruption cases? The low number of indictments and convictions related to corruption was very worrying. Effective sentences needed to be issued to perpetrators. Was data on gender-based violence collected by different institutions linked in a centralised system? Did legal amendments make the difference between misdemeanours and crimes related to gender-based violence clearer? How did training for judicial officials aim to address weaknesses in the system? Did courts use video links to prevent victims from having to give testimony in the same room as perpetrators? Did victims have access to free legal aid?
One Committee Expert said the State party had made no specific mention of the rights of lesbian, gay, bisexual, transgender and intersex persons. How were such persons included in the development of national policies? Did laws addressing hate crimes cover the protection of lesbian, gay, bisexual, transgender and intersex persons?
A Committee Expert welcomed efforts to find those who had disappeared. What efforts had been made to prepare a national policy on transitional justice in relation to historical crimes that included measures promoting non-repetition?
Responses by the Delegation
The delegation said Croatia had developed various campaigns to combat gender stereotyping, including a Police Academy campaign encouraging an increase in the enrolment of women officers and a campaign promoting women’s participation in decision-making boards of the Croatian Olympic Committee. Citizens issued complaints to oversight boards regarding discriminatory media content. There was an obligation on private sector employers to provide equal pay for equal work. The gender pay gap in Croatia was better than the European Union average, at 11 per cent. Measures had also been implemented promoting remote work to support new families and the construction of kindergartens. Sanctions were issued when political bodies did not respect gender quotas. A code of conduct for private companies introduced a quota for the representation of women on company boards; the Government monitored this regularly. School textbooks were required to promote gender equality and non-stereotypical gender roles.
Abortions were implemented by authorised health institutions. Gynaecologists who conscientiously objected to performing abortions needed to refer patients to other hospitals where abortions were provided. Three hospitals with doctors who objected to performing abortions enlisted external doctors to provide abortions. Croatia had secured funds to train 70 doctors in the field of gynaecology to increase access to such services in rural areas. Emergency mobile medical units had been established to provide health care in remote areas.
Training was provided for civil servants to prevent discrimination of lesbian, gay, bisexual, transgender and intersex persons, and regional workshops were held to increase understanding of sexual orientation and gender identity and empower lesbian, gay, bisexual, transgender and intersex persons. The State budget for 2025 included funds for the commemoration of the day on the fight against homophobia and transphobia.
There were no compulsory subjects on human rights in university law courses, but human rights were addressed within various law subjects and could be studied through voluntary subjects. Media outlets were not notified of this dialogue in advance, but the Government would publish an announcement after the dialogue about the State’s defence of its report.
Criminal law had been amended to treat repeated misdemeanours as criminal offences. Victims had the right to have their examination recorded so they did not need to provide testimony in courts.
The right to be educated in the language and script of national minorities was secured if there was at least one student wishing to be educated in that language, including in Vukovar. Around 225 children were enrolled in Serbian language preschools in 2024. Around 154 textbooks had been published in Serbian and Cyrillic script.
Data on domestic violence and gender-based violence was currently being collected by a dedicated Government body. The national action plan on gender-based violence included measures aiming to standardise and centralise data on domestic violence and gender-based violence.
Croatia was implementing annual programmes on housing and improving the living conditions of the Roma minority. From 2019 to 2023, more than 2,880 Roma households were equipped with sanitary and other equipment, improving their living conditions. This year, the Government planned to build six homes for large Roma families and was working to improve and legalise existing Roma dwellings.
Victims in criminal proceedings had access to free legal aid. This year, the budget for free legal aid had been increased by 100 per cent compared to the last two years.
Questions by Committee Experts
A Committee Expert said that many observers had reported that Croatian prisons were overcrowded and conditions in prisons were poor. What measures were in place to address overcrowding, improve prison conditions, promote access to healthcare for inmates, and prevent violence by prison staff against detainees? What steps had been taken to set up the national preventive mechanism under the Convention against Torture? How did the State party ensure compliance with the United Nations Standard Minimum Rules for the Treatment of Prisoners?
Another Committee Expert said Croatia was an origin, destination and transit point for human trafficking victims. The country seemed to fall short in protections for trafficking victims. According to data from 2015 to 2023, 284 victims of human trafficking were identified in Croatia, of which 38 per cent were children. What measures, including awareness raising campaigns, did the State party intend to take to step up efforts against trafficking in persons? How would the State party enable the systematic screening of refugees and migrants for indicators of trafficking?
There was an absence of training programmes on trafficking. Did the State party intend to ensure increased access to reception centres by civil society organizations to allow for increased support for asylum seekers? Would the State party work to ensure that it protected the principle of non-refoulement? Was information on the services available to victims of trafficking provided to asylum seekers? Property rights claims for damages lodged by victims of trafficking were reportedly often denied by the State. Was this issue being addressed? How did the State party intend to improve protection of unaccompanied minors, including by increasing the capacity of the guardianship system and access to family reunification?
The National Judicial Council decided on the appointment and dismissal of judges, except the Chief Justice of the Supreme Court, who was appointed by the Parliament and approved by the President. Why were two branches of Government involved in this appointment? Public trust in the judiciary was low, with lengthy trials negatively impacting public perception of judicial independence. How were members of the judiciary selected and appointed? What measures were in place to improve the capacity and accountability of judges and prosecutors? Did the State party plan to inform the public about positive changes to the judiciary to address its current negative perception? When would all court decisions be published? Would the State party provide increased funding to make legal aid available across the whole country and inform citizens about the availability of legal aid?
One Committee Expert noted with satisfaction the success of the regional housing programme, with around 400 families receiving assistance by the end of 2023. What changes had been implemented by amendments to housing legislation in 2023? How did the State party ensure that returns implemented under the Assisted Voluntary Return and Reintegration Programme were voluntary and in line with international standards? There were concerns about prolonged delays in the construction of water and electricity infrastructure, particularly in areas inhabited by Serb returnees. How was the State party working to address these?
Reportedly, only a small number of persons who irregularly entered Croatia through Serbia or Bosnia and Herzegovina were given access to asylum procedures. How was the State party working to ensure access to the asylum procedure for all persons? There were numerous and increasing reports of excessive use of force and violent pushbacks on the border with Bosnia and Herzegovina, including degrading and inhumane treatment, physical abuse, theft, extortion and destruction of property. What investigations had been carried out and what sanctions had been imposed for such acts? What support had been provided to the Independent Mechanism for Monitoring the Actions of Police Officers in this regard? Were there plans to give the mechanism legally defined powers? There was an absence of a statelessness determination procedure, making it difficult for stateless persons to access rights and services. Were there plans to develop such a procedure, collect data on stateless persons, and ratify the 1954 and 1961 statelessness conventions?
There were reports of continued violence against Serbian Orthodox returnees and vandalism of religious sites. How many religious hate crimes had been investigated and prosecuted over the reporting period? What measures were in place to prevent hate crimes based on religion? What was the status of restitution of communal Jewish and Serbian Orthodox property seized during and after the Second World War? Were there plans to amend legislation to resolve long-standing restitution cases? Jehovah’s witnesses reportedly faced problems in accessing health care that was in line with their religious beliefs, including blood transfusions. How would the State party ensure access to such medical procedures?
Another Committee Expert expressed concern about continued reports of attacks against journalists. There were 10 attacks on journalists in 2023, as well as four instances of threats against journalists. It was likely that such incidences went underreported, and many of these attacks went unpunished. How was the State party protecting journalists to exercise their profession and duly punishing persons who attacked journalists?
Defamation laws reportedly stifled freedom of expression. How did the State party determine what content was in “the public interest”? Would it consider revising defamation laws to encourage journalists to undertake sensitive investigations? Could the State party provide data on strategic lawsuits against public participation? Did the State party plan to adopt an official definition of such lawsuits and collect data on the practice? There were claims of undue intervention by the Government in the activities of the State broadcaster “HRT”. How did the State party ensure the independence of HRT?
Amendments to the Criminal Code and the Criminal Procedure Code in January 2024 introduced a new criminal offense of “unauthorised disclosure of the content of an investigative or evidentiary action.” Although journalists were exempted, other persons who disclosed information in the public interest could potentially be sentenced to imprisonment for up to three years under this legislation. Were these amendments compatible with the Covenant?
A Committee Expert said the Committee appreciated the national strategies for the inclusion of minorities and the Roma. How had representatives of minority groups contributed to the development of these strategies? How did these strategies promote the rights of small minority populations? How did advisory councils on minority rights operate, and were local and regional governments receptive to them? There were less minority voters in the most recent elections, possibly due to the different colour and size of ballot papers for minorities. Would the State party consider equalising the colour and size of ballot papers for minorities? How did the State party make the process for obtaining voting certificates widely known, and ensure that the process did not exclude certain minorities? How were minorities informed about their priority in the selection process for jobs in public institutions? To what extent had the right of priority improved the representation of minorities in the public sector, and what obstacles remained in this regard?
Responses by the Delegation
The delegation said Croatia was facing a large wave of irregular migration. The detention of foreign nationals had affected the capacity of the prison system. Prison infrastructure was also damaged in the 2020 earthquake, further decreasing capacity. The State party was working to build new prisons and increase the capacity of existing prisons. Ordinances on electronic surveillance and investigative detention had been implemented to decrease the number of detainees. There was also a project in place aiming to reduce violence between detainees and prison staff. Modern security technologies such as surveillance cameras had improved conditions in prisons. Detainees had the right to access healthcare of the same quality as all other Croatian residents. Health insurance for detainees was provided by the State or the prison housing them. Healthcare services that could not be provided within prisons were provided by external healthcare facilities.
A large percentage of victims of trafficking in persons in Croatia were children. A campaign had been prepared to warn children about the dangers of trafficking. Training on identifying victims of trafficking was provided for border police, other relevant State officials and private sector stakeholders. The Tourist Board and other State agencies were cooperating to identify human trafficking victims. Border police also received intensive training on human rights. Croatia was also participating in Europol campaigns on combatting trafficking in the region.
Last year, nine hate crimes on the grounds of religion had been reported. The Government had developed a special module promoting tolerance and dialogue between Croatians and the Serbian minority, particularly targeting youth.
Unaccompanied minors were accommodated in institutions adequate for the child’s age and efforts were made to locate their family members. Medical assessments were carried out to determine whether unaccompanied persons were minors. If assessments could not be carried out, persons claiming to be minors were assumed to be minors. There was a protocol regulating the identification of unaccompanied minors. Asylum seekers who were not satisfied by asylum decisions had the opportunity to appeal. Irregular migrants who were victims of trafficking were granted humanitarian stays.
A housing fund would been set up and legislative amendments would be introduced this year to resolve remaining tenancy claims from Serbian returnees. The Government had in the last three years invested 3.5 million euros in developing regional water infrastructure. It was in the process of reconstructing 300 houses for Serbian returnees and had constructed several houses and multi-story apartment buildings for these persons.
Only one per cent of migrants wished to stay in Croatia; most wished to move on to other European countries. The State respected the principle of non-refoulement. Asylum seekers had access to free legal aid and interpretation. Croatia had set up an independent oversight mechanism in 2022 for its border police. The mechanism produced an annual report with recommendations for improving border policing; 2023 recommendations had mostly been implemented.
All complaints received about illegal actions by border officials were investigated. There had been 21 complaints about ill treatment of migrants in 2023. Police officers had been penalised in eight cases, and criminal charges had been issued in two cases. Croatia had zero tolerance for criminal acts committed by police officers. The State party had agreements with two non-governmental organizations that operated reception centres for asylum seekers. Reception centres provided educational courses on Croatian language and information technology workshops, as well as psychosocial support for victims of rights violations, particularly children. The State provided migrant parents with educational material for their children.
Many hospitals provided procedures that considered the specificities of Jehovah’s Witnesses. Some hospitals did not have the capacity to carry out such procedures, so they referred patients to hospitals that could provide such services.
Croatia recognised the problem of the long duration of court proceedings. It had amended the Civil Procedural Act and Criminal Procedural Act to implement deadlines for adopting decisions in courts. Cases could no longer be transferred back to courts of first instance. Audio recordings and transcripts were produced in municipal courts. The salaries of judges and investment in judicial infrastructure had increased. Compensation was now paid to victims at an earlier stage of proceedings. Between 2015 and 2023, the backlog of court cases had been reduced by 56 per cent.
The State party had adopted guidelines on communication between the judiciary and the public on the work of the courts, and developed training on such communication for judges. A database for the publication of court decisions was being developed. The procedure for electing the Chief Justice of the Supreme Court was regulated by the Constitution. Non-governmental organizations provided free legal aid in rural areas to increase its accessibility. Payments to lawyers providing free legal aid had increased by 69 per cent. Leaflets and posters were produced on the free legal aid scheme and information on the scheme was published online.
Defamation could be committed only by persons who intentionally disseminated disinformation that they knew to be false. Criminal charges had been pressed in seven cases of threats against journalists, and all other cases were being investigated. Police officers reacted to all instances of threats and attacks against journalists. There were police protocols on the protection of representatives of the media. A working group had been set up in 2021 to address the issue of strategic lawsuits against public participation. The working group aimed to improve legislation related to such lawsuits. In May of this year, a directive on strategic lawsuits was released. Legislation stated that HRT was independent of political influences. A new act on Croatian radio and television would incorporate European Union standards on freedom of the media and provide increased protections against political interference in the media.
In 2020, the State party adopted new operational programmes as part of its national action plan for national minorities. Targeted measures promoted the rights of the 22 recognised national minorities.
Follow-Up Questions by Committee Experts
A Committee Expert asked how the State party could prove that persons who distributed disinformation were aware of its falsehood. Was the budget increase for State mechanisms for protecting whistleblowers sufficient?
Another Committee Expert asked whether the Human Rights Commission was operational and what its mandate was. How was the State party strengthening the capacity of minority councils and promoting the participation of minorities in elections?
One Committee Expert asked for examples of declarations of assets by State officials, and sanctions implemented for not declaring assets. Was the State party using print media and social media to conduct campaigns on trafficking? How was the State party addressing forced marriage and other harmful cultural practices among victims of trafficking? How were victims of trafficking being informed of their rights? Had there been any property rights granted in courts to victims of trafficking? How were prosecutors appointed? Had there been any cases of sanctioning of judges or prosecutors? Were there spokespersons for regional courts and prosecutorial services? The Expert welcomed that the State party was increasing funding for legal aid for vulnerable groups.
A Committee Expert asked about the number of people assisted in the Assisted Voluntary Return Programme and its oversight. What investigations and convictions had there been regarding cases of abuse of asylum seekers and Serbian Orthodox persons?
Another Committee Expert asked for more information on measures to promote transitional justice in relation to historic war crimes. Well-targeted prosecutions needed to be issued to show communities that justice had been done. Revisionism could undermine national reconstruction efforts.
One Committee Expert asked how Croatia could help to build greater tolerance and cohabitation among all residents of the Balkan region.
Responses by the Delegation
The delegation said national elections had delayed the operationalisation of the Human Rights Commission. Minority candidates only had priority if their qualifications were equal to those of other candidates. The State party would consider why minorities were rarely hired by public bodies, despite having priority in the hiring process. Training was planned for public officials on the role of minority councils.
The Government used media platforms that the target audience used most when conducting campaigns. It would use social media to target young people in campaigns on trafficking in persons. The Ministry of Interior informed citizens of its activities related to combatting trafficking on its YouTube channel. Government websites provided information for victims on support services available to them, and victims could use the national hotline to report cases of trafficking. Specialised police training courses covered harmful cultural practices. There were two campaigns in place on combatting forced and early marriages.
Defamation was processed in the same manner as other criminal offences. It was punished when a court found that there was clear evidence of a criminal act. Members of the Judicial Council were elected by court judges and magistrates using a point-based evaluation procedure and interview.
In 2022, a new act on whistleblowers was launched. A media campaign was being conducted to promote protection for such persons. Funds had been secured for the commission on preventing conflicts of interest. The commission was working on digitising certain procedures. Many officials were required to submit property declarations. Officials were fined for not submitting such declarations.
The State party had a strategy for prosecuting war crimes and was implementing activities to promote regional cooperation on prosecution. More than 700 persons had been convicted of war crimes in Croatia.
Most cases of statelessness in Croatia involved persons who had citizenship of the former Yugoslavia. The Aliens Act regulated assessment of whether such persons were truly stateless. The Government did not plan to implement any additional statelessness recognition procedures. Around 240 asylum seekers had chosen to withdraw their asylum application after counselling and participated in the voluntary return scheme.
Spokespersons for prosecutorial services proactively communicated with members of the media and the public. All courts’ public relations were regulated in the same way.
Closing Remarks
JURO MARTINOVIĆ, State Secretary, Ministry of Justice, Public Administration and Digital Transformation of Croatia and head of the delegation, thanked the members of the Committee for the questions asked. He expressed hope that the delegation’s answers had demonstrated the respect that Croatia had for the Committee’s work. Croatia had developed efficient mechanisms to respond to many challenges it faced in the domain of human rights. The Committee’s questions would serve as guidelines in the State party’s future work. The State was dedicated to protecting and promoting human rights and would devote further efforts towards this aim in the future. Croatia hoped to continue its successful and fruitful dialogue with the Committee.
TANIA MARÍA ABDO ROCHOLL, Committee Chairperson, said that the Committee trusted that Croatia would continue to work to implement the Committee’s concluding observations and Views. The dialogue had addressed, among other topics, the human rights framework in Croatia, measures to combat corruption, responsibility for past human rights violations, hate crimes and hate speech, the rights of minorities, violence against women, trafficking in persons, fair trial, treatment of detainees, prohibition of torture, internally displaced persons, freedom of religious belief and freedom of expression, and the right to vote. The Committee was determined to ensure the full implementation of the Covenant in Croatia. This determination would be reflected in its concluding observations. Ms. Abdo Rocholl expressed thanks to the delegation for its cooperation and efforts to answer the Committee’s questions, and to all who had contributed to holding the dialogue.
CCPR24.011E