4
DRAGOJEVIĆ v. CROATIA JUDGMENT
possibility that these individuals could contact each other again and that they could
contact N.I., who travelled to Latin America and is expected to stay there for ten
months. [The OSCOC] therefore considers that by resuming the use of secret
surveillance relevant information for the further investigation could be obtained. On
the other hand, there has been no communication on the telephone numbers of N.I.
and the unidentified person so [the OSCOC] proposes that the secret surveillance in
that respect be discontinued.
The investigating judge finds in the case in issue that it is necessary to temporarily
limit the constitutional rights of the above-mentioned individuals since investigation
by another means would not be possible. It has therefore been decided as noted under
points I and II, while at the same time [certain] measures have been discontinued as
noted under points III and IV of this order.”
18. After further preliminary investigation, on 16 January 2009 the
applicant was arrested and detained on suspicion of drug trafficking.
19. The following day the Dubrovnik Police Department (Policijska
uprava Dubrovačko-neretvanska) lodged a criminal complaint with the
Dubrovnik County State Attorney’s Office (Županijsko državno
odvjetništvo u Dubrovniku; hereinafter: the “State Attorney’s Office”)
against the applicant and another person on charges of drug trafficking.
20. On the same day the applicant was questioned by an investigating
judge of the Dubrovnik County Court (Županijski sud u Dubrovniku). He
stressed that it was true that he worked on an ocean carrier between Latin
America and Europe but denied that he had anything to do with any drug
trafficking.
21. After the questioning the investigating judge opened an investigation
in respect of the applicant and several other persons on suspicion of drug
trafficking. The investigating judge also remanded the applicant in custody.
22. During the investigation the investigating judge questioned several
witnesses and obtained the relevant results and analyses of the use of secret
surveillance measures, as well as evidence obtained following a number of
searches conducted during the investigation. Throughout the proceedings
the applicant was remanded in custody.
B. Proceedings on indictment
23. After the completion of the investigation, on 10 March 2009 the
State Attorney’s Office indicted the applicant and two other persons in the
Dubrovnik County Court on charges of drug trafficking. The applicant was
also indicted on charges of money laundering.
24. On 11 March 2009 a three-judge panel of the Dubrovnik County
Court presided over by judge Z.Č. extended the applicant’s pre-trial
detention under Article 102 § 1 (3) and (4) of the Code of Criminal
Procedure (risk of reoffending and gravity of charges). The relevant part of
the decision in respect of the applicant reads:
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents