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Croatia / Supreme Court / VSRH Kž-eun 21/14-4

The Republic of Croatia and R.V.

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Croatia / Supreme Court of the Republic of Croatia
Decision date:

Key facts of the case:

The appellant appeled the the Zagreb County Court in Zagreb decision (No. Kv-eun-32/14 of 10 April 2014) whereby his surrender to Germany for the criminal proceedings for group grand teft and serious bodily injury was allowed. The applicant did not speficy legal basis for his appeal, arguing that it was wrongfully determined that there was no reason to deny the surrender* and that his right to fair trial would be violated if surrendered to Germany. The Supreme Court held that decision was lawful: the County Court was not obliged to examine culpability under national law as the criminal act for which surrender was sought was on the list of crimes for which verification of double criminality was excluded. As regards the alleged risk to the right to fair trail, the Court held that this claim was not made probale by the fact that the appellant had already been tried in Germany and alleged deficiencies in the conduct of the police and assessment of evidence in another trial. The Court also stressed that Germany was bound by the Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Chapter VI of the European Charter of Fundamental Rights of the European Union. • It is not clear what the appellant contested from the Supreme Court’s decision, while the County Court decision and his appeal is not available.