Communicated on 2 October 2019
FIRST SECTION
Application no. 4760/18
Ivan KOBAŠ
against Croatia
lodged on 17 January 2018
SUBJECT MATTER OF THE CASE
The application concerns the alleged ill-treatment by the police of the applicant, who is an attorney. The applicant was stopped by the police during a routine check-up. He had no valid driver’s license or identification documents on him. He claims that two police officers brutally beat him up while he was lying handcuffed on the ground and that they left him there for some time to wait for a patrol car which transferred him to the police station. The applicant also alleges that he was unlawfully deprived of his liberty in that he stayed in a police station cell for over seven hours prior to his formal arrest.
QUESTIONS TO THE PARTIES
1. Has the applicant been subjected to inhuman or degrading treatment at the hands of the police, in breach of the substantive limb of Article 3 of the Convention?
2. Was the investigation into the applicant’s allegations of ill-treatment by the domestic authorities in the present case in breach of the State’s procedural limb of Article 3 and/or Article 13 of the Convention? In particular, have the police officers ever been questioned in relation to the incident?
3. Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention? How long was the applicant deprived of his liberty before being formally arrested? The Government are invited to submit any relevant documents in this regard.
Full & Egal Universal Law Academy