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Croatia / Supreme Court / II-8 Kr 3/17-4

S.C. v Croatia

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Supreme Court
Type:
Decision
Decision date:
13/07/2017

Key facts of the case: 

On 21 October 2008, S.C. in complicity with O.J., I.K., D.A., and H.A, threw a homemade Molotov cocktail at the Turkish Embassy in Helsinki, causing fire and material damage. The Finnish Court finally convicted the defendant for sabotage in 2009. S.C., a Finnish citizen, was arrested in Croatia following a Turkish international arrest warrant, as Turkish authorities initiated criminal proceedings for the same event, but on different legal grounds. In accordance with the ne bis in idem principle, the Supreme Court confirmed the decisions from the County Court in Dubrovnik denying S. C.’s extradition to Turkey, concluding that the legal conditions for extradition have not been met.

Outcome of the case: 

Respecting the fact that Croatia has become a full member of the European Union on 1 July 2013, the Supreme Court holds that the Dubrovnik County Court was right to include the courts established in other EU Member States under the scope of the term "domestic court" for the purpose of Article 35 (1) point (5) of the Act on international legal assistance in criminal matters. It is in accordance with the right of all EU citizens to equal protection in all Member States, in order to ensure the principle of non-discrimination on the basis of nationality and the freedom of movement and residence in the Union.