Zašto rh pred europskim sudom za ljudska prava gubi sporove o pritvoru / istražnom zatvoru?

After Croatia had signed European Convention on Human Rights in 1996, it entered into force in 1997. According to the Croatian Constitution, it is a part of the Croatian internal legal order, and by its legal effect it is above the law. Not only the Convention, but also the interpretation of its norms by the European Court of Human Rights is relevant. Therefore, case law of the European Court of Human Rights is one of the key factors in development of the criminal legislation and judicial proceeding. The purpose of this paper is to highlight and analyze the judgements of the Court against the Republic of Croatia, related to pre-trial detention / remand, i.e. illegality of remand, violation of the right to control its adequacy, inhumane or degrading treatment of the detainees, deprivation of the right to a fair trial etc. After the explication of the obligations of the legislator set by the Convention, the submission of the application to the European Court of Human Rights is briefly explained. The central part of the paper focuses on presenting some of the basic and fundamental principles of the Convention, that are key to understand the institute of remand and the Court's judgements and interpretations. It is analyzed how are these basic principles applied to the facts in some particular cases in which the Republic of Croatia was sued. In the end, this paper aims to present what has already been done, what should have been done and what should be done in order to comply with the Convention, and also what is the role of the representative of the Republic of Croatia before the European Court of Human Rights. [ABSTRACT FROM AUTHOR]