Article 24 of the Croatian Constitution sets out safeguards for persons arrested or detained, which first requires a court warrant. The police may arrest a person without a warrant when the person is reasonably suspected of having committed a serious criminal offence defined by law, however the arrested person must be promptly informed, in understandable terms, of the reasons for the arrest and of his rights determined by law.

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Article 24 of the Croatian Constitution sets out safeguards for persons arrested or detained, which first requires a court warrant. The police may arrest a person without a warrant when the person is reasonably suspected of having committed a serious criminal offence defined by law, however the arrested person must be promptly informed, in understandable terms, of the reasons for the arrest and of his rights determined by law. The provision also provides that any person arrested or detained has the right to take proceedings before a court to decide, without delay, on the legality of that arrest. Under Article 25 the Constitution states that arrested and convicted persons must be treated humanely and their dignity respected, it also provides that detainees may be released on legal bail to defend themselves and that any person illegally deprived of liberty or convicted shall be entitled to damages and a public apology.

The Act on the Movement and Stay of Aliens of 1991 includes a number of provisions on the protection of national security. Article 33 states that requests for determining refugee status will be rejected where there is a well-founded suspicion that the alien has committed a terrorist activity, or a felony, or has acted contrary to the purposes and principles of the UN, or if reasons of national security or public order require it. Article 43 states that the status of aliens recognized as refugees will be renounced if required by the reasons of national security or public order protection. Article 5 of the new Law on Asylum which comes into force in July 2004 and supersedes the 1991 Act excludes from the right to asylum aliens who have committed crimes against peace or humanity; non-political criminal acts outside the Republic of Croatia before they arrived in Croatia; or if they took part in the planning, financing or organising or helped in anyway or committed terrorist activities; or gave shelter to persons involved in terrorist activities; or if they are accused of activities which are contrary to the goals and principles of the United Nations.

On detention the new Law of Aliens, which came into force in July 2003, and will come into use in January 2004, provides that those who cannot be immediately forcefully removed and those whose identity is not clarified will have their freedom of movement limited through accommodation in reception centres for aliens under Article 58. Article 59 provides that such restrictions may be for a period of not longer than 90 days and that after that period has expired they may be accommodated in a reception centre again only to establish their identity or gather documentation; for security reasons or if during the process of forceful removal they have made a claim for asylum. Migrants would be released from the centre if it can be reasonably expected that it would not be possible to forcibly remove them.

In relation to expulsion the 2003 Act under Article 52 provides that aliens who reside in the Republic of Croatia unlawfully must leave the country immediately or within the period given to them. Article 56 further provides that persons will be forcefully removed if they are unlawfully residing in the Republic of Croatia and do not leave the Republic of Croatia in accordance with Article 52 of the Law. The restriction on the removal of aliens whose life or freedom would be threatened, on account of their race, religion, nationality, social group, or political opinion, or where they may be tortured or inhumanely or degradingly treated or punished in Article 57 does not apply to aliens who are considered a danger to public order or national security or who have been convicted of serious criminal acts.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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