DRAGOJEVIĆ v. CROATIA JUDGMENT
3
The investigating judge considers that the request is well-founded because the
investigation cannot be carried out by other means, so it is necessary to temporarily
limit the constitutional rights and order the measures noted in the operative part of this
order under points I and II.
The OSCOC also asked that certain measures be terminated because they had not
produced any result, and a decision was made accordingly as noted under point V of
this order.”
12. On 2 July 2007 the OSCOC requested that the use of secret
surveillance measures be extended for a further three months.
13. The investigating judge granted the request and on the same day
issued an order based on 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 an offence proscribed
under Article 173 §§ 2 and 3 of the Criminal Code.
On 2 July 2007 the OSCOC lodged a request for an extension of the use of secret
surveillance measures under Article 180 § 1 (1) and (3) of the Code of Criminal
Procedure in respect of M.R., B.Ž. and Ante Dragojević on grounds of suspected
conspiracy in drug trafficking between Latin America and Croatia. It appears, given
their constant contacts, that the offence could be committed within a period of three
months so it was proposed that the use of measures be extended for that period.
The investigating judge considers that the request is well-founded because the
investigation cannot be carried out by other means and given the circumstances of the
offence it is necessary to extend the use of [secret surveillance] measures in order to
achieve satisfactory completion of the investigation and obtaining of evidence.
It is therefore decided accordingly as noted in the operative part of this order.”
14. On 6 August 2007 the OSCOC requested the investigating judge to
discontinue the use of secret surveillance measures in respect of the
applicant on the grounds that the results of the investigation did not justify
further secret surveillance.
15. The investigating judge granted the request and ordered the
discontinuation of secret surveillance on 7 August 2007.
16. On 17 September 2007 the OSCOC made a new request for secret
surveillance in respect of the applicant.
17. On the same day the investigating judge issued a secret surveillance
order with the following statement of reasons:
“By orders under the above number secret surveillance was ordered in respect of
Ante Dragojević (on 23 March 2007 and discontinued on 7 August 2007), and in
respect of ...
On 17 September 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 Ante Dragojević, B.Ž. and M.M. for a period of two months in connection
with offences proscribed under Article 173 §§ 2 and 3 of the Criminal Code, and for
the discontinuation of secret surveillance in respect of N.I and an unidentified person.
In their request [the OSCOC] submits that the investigation shows that there is a