DRAGOJEVIĆ v. CROATIA JUDGMENT
2
A. Investigation
7. In 2007 the police and the State Attorney’s Office for the Suppression
of Corruption and Organised Crime (Ured za suzbijanje korupcije i
organiziranog kriminaliteta; hereinafter: “the OSCOC”) investigated
allegations of possible drug trafficking between Latin America and Europe
via ocean carriers, involving several persons from Croatia.
8. On 23 March 2007, on the basis of a police report, the OSCOC
requested an investigating judge of the Zagreb County Court (Županijski
sud u Zagrebu) to authorise the use of secret surveillance measures to tap
the applicant’s telephone and covertly monitor him.
9. The investigating judge granted the request and on the same day
issued an order for the use of secret surveillance measures. Its statement of
reasons reads as follows:
“On 23 March 2007 the OSCOC lodged a request, no. ..., for secret surveillance
measures under Article 180 § 1 (1) and (3) of the Code of Criminal Procedure in
respect of Ante Dragojević. The request refers to the [police] report of 2 March 2007,
concerning the use of secret surveillance measures in respect of M.R., M.V., B.Ž. and
I.B., alleging probable cause to believe that [Ante Dragojević] is also involved in the
commission of the offence proscribed by Article 173 §§ 2 and 3 of the Criminal Code.
The investigating judge considers that the request is well-founded because the
investigation cannot be carried out by other means and the use of these measures in
respect of Ante Dragojević is also necessary for satisfactory completion of the
investigation, given that there are sufficient grounds for suspecting that he has also
been involved in the commission of the offence in issue.
It is therefore appropriate to temporarily limit the constitutional rights and decide as
above.”
10. In the course of the further investigation the OSCOC learnt that the
applicant had been using another telephone number. On 25 May 2007 it
asked the investigating judge to extend the use of secret surveillance
measures to tap that number.
11. On the same day the investigating judge granted that request and
issued an order, which contains the following statement of reasons:
“Based on an order of this court under the above number, the secret surveillance
measures provided for in Article 180 § 1 (1) and (3) of the Code of Criminal
Procedure are being conducted in respect of several persons for the offence proscribed
under Article 173 §§ 2 and 3 of the Criminal Code.
On 25 May 2007 the OSCOC lodged a request for secret surveillance measures
under Article 180 § 1 (1) and (3) of the Code of Criminal Procedure in respect of D.Š.,
and the secret surveillance measure under [Article 180 § 1] (1) of the above-cited
provision in respect of Ante Dragojević, who was using the telephone number ... This
measure was also requested in respect of another unidentified person who was using
the number ... since the results of the previous use of secret surveillance measures
showed that they had made contact in order to commit the offence in issue.