DRAGOJEVIĆ v. CROATIA JUDGMENT
21
inform the Court of his complaint before his position in connection with the
matter has been finally settled at the domestic level. In this regard, the Court
has already held that in order to comply with the principle of subsidiarity,
before bringing complaints against Croatia to the Court applicants are in
principle required to afford the Croatian Constitutional Court the
opportunity to remedy their situation (see Orlić v. Croatia, no. 48833/07,
§ 46, 21 June 2011; Čamovski v. Croatia, no. 38280/10, § 27, 23 October
2012; Bajić v. Croatia, no. 41108/10, § 66, 13 November 2012; Remetin v.
Croatia, no. 29525/10, § 81, 11 December 2012; Tarbuk v. Croatia,
no. 31360/10, § 29, 11 December 2012; Damjanac v. Croatia,
no. 52943/10, § 70, 24 October 2013; and Šimecki v. Croatia, no. 15253/10,
§ 29, 30 April 2014).
72. The Court notes that the use of secret surveillance measures giving
rise to the case in issue was ordered in the context of the criminal
investigation which eventually led to the applicant’s criminal prosecution in
the competent courts. Throughout the criminal proceedings before the
competent courts the applicant argued that his secret surveillance had been
contrary to the relevant domestic law (see paragraphs 35, 42 and 47 above)
and he raised the same complaint before the Constitutional Court in his
constitutional complaint against the final judgment of the criminal courts
(see paragraph 49 above). Indeed, the Court notes, given the Constitutional
Court’s practice of declaring any constitutional complaint against an
indictment inadmissible (see paragraph 61 above), that it was the only way
for the applicant to bring his complaints about the alleged unlawful use of
secret surveillance before the Constitutional Court, as required under the
Court’s case-law (see paragraph 71 above; and Blaj v. Romania,
no. 36259/04, § 118, 8 April 2014). The Court cannot therefore accept the
Government’s argument that the six-month time-limit started running from
the moment when the applicant learned that the indictment had been lodged.
73. Furthermore, the Court considers that the applicant, having raised
the issue in substance in his constitutional complaint, did raise before the
domestic courts the complaint which he has submitted to the Court (see, by
contrast, Mađer v. Croatia, no. 56185/07, § 137, 21 June 2011, and Merot
d.o.o. and Storitve Tir d.o.o. v. Croatia (dec.), nos. 29426/08 and 29737/08,
§§ 35 and 36 10 December 2013). The applicant thereby provided the
national authorities with the opportunity which is in principle intended to be
afforded to Contracting States by Article 35 § 1 of the Convention, namely
of putting right the violations alleged against them (see Lelas, cited above,
§ 51; Gäfgen v. Germany [GC], no. 22978/05, §§ 144-46, ECHR 2010;
Karapanagiotou and Others v. Greece, no. 1571/08, § 29, 28 October 2010;
Bjedov v. Croatia, no. 42150/09, § 48, 29 May 2012; and Tarbuk v. Croatia,
no. 31360/10, § 32, 11 December 2012). The Court also notes that the
decision of the Constitutional Court was served on the applicant’s
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