DRAGOJEVIĆ v. CROATIA JUDGMENT 25 as a rule focus its attention not on the law as such but on the manner in which it was applied to the applicant in the particular circumstances (see Goranova-Karaeneva v. Bulgaria, no. 12739/05, § 48, 8 March 2011). 87. In this connection the Court notes that the applicant was subjected to the measures of secret surveillance on the basis of Article 180 § 1 (1) of the Code of Criminal Procedure (see paragraph 55 above). It follows that the applicant’s covert surveillance had a basis in the relevant domestic law, the accessibility of which does not raise any problem in the instant case (see Kruslin, cited above, §§ 29-30) 88. The applicant’s complaints are primarily focused not on the lack of legal basis in the relevant domestic law but on the failure of the investigating judge to comply with the procedures envisaged by law, in particular those related to an effective assessment as to whether the use of secret surveillance was necessary and justified in the particular case, as required under Article 182 § 1 of the Code of Criminal Procedure (see paragraphs 55 and 70 above). 89. Thus the central question for the Court to determine is whether the relevant domestic law, including the way in which it was interpreted by the domestic courts, indicated with reasonable clarity the scope and manner of exercise of the discretion conferred on the public authorities, and in particular whether the domestic system of secret surveillance, as applied by the domestic authorities, afforded adequate safeguards against various possible abuses (compare Malone, cited above, § 70; Kruslin, cited above, §§ 35-36; Huvig, cited above, §§ 34-35; and Kopp v. Switzerland, 25 March 1998, §§ 66-75, Reports of Judgments and Decisions 1998-II). Since the existence of adequate safeguards against abuse is a matter closely related to the question whether the “necessity” test was complied with in this case, the Court will address both the requirement that the interference be “in accordance with the law” and that it be “necessary” (see Kvasnica, cited above, §§ 83-84). 90. The Court notes that, on the face of it, the relevant domestic law clearly provides that for any secret surveillance measures in the context of criminal proceedings to be lawful, they must be ordered by an investigating judge upon a request by the State Attorney (see paragraph 55 above; Article 182 of the Code of Criminal Procedure). The statutory preconditions for issuing a secret surveillance order are the existence of a probable cause to believe that an individual alone, or jointly with others, has committed one of the offences proscribed by law (see paragraph 55 above; Article 181 of the Code of Criminal Procedure), and that an investigation in respect of the offences in issue is either not possible or would be extremely difficult (see paragraph 55 above; Article 180 § 1 of the Code of Criminal Procedure). 91. The domestic law also expressly provides that the investigating judge’s order authorising the use of secret surveillance must be in written form and must contain a statement of reasons specifying: information

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