almanac on security sector oversight in the Western Balkans

There are numerous ways in which parliament and its security sector committees can
perform their oversight functions. Proposing and passing laws is just one (probably the
most visible) activity. There are regular reviews of security sector policies and actions,
reviews of regular reports prepared by security sector institutions, and hearings of
security sector officials, who can always ask for extraordinary reports to be prepared
in case of need. Those hearings and reviews are mostly related to review of legality
of actions and financial accountability of security sector institutions. Representatives
of the security sector are usually invited to participate in sessions of the security sector
related committees. There are also frequent visits to security and defence facilities
where committee members can get deeper insight of day-to-day problems of the
security sector.
Laws also provide parliament with competences for oversight of all security institutions
that are authorised to use these special repressive and investigative measures,
civilian and military intelligence agencies and the office tasked with monitoring information
and communication systems after direct approval of a Supreme Court designated
judge. It is being done through the authority and responsibility of parliament
and its committees to pursue oversight of legality of using special investigative and repressive
measures undertaken by security sector organisations. The role of the Council
for Civilian Oversight of the Security Intelligence Agencies (VGNSOA) (a subcommittee
of the Parliamentary Committee for the Internal Affairs and National Security, staffed
by independent experts chosen from public life) is to ensure influence and authority
of society and citizens over actions of security structures.
The judiciary is there to address issues when mistakes or crimes are committed and
to check behaviour of the security sector as well as all state administration. Judicial
oversight is marked by an independent judiciary conducting impartial review of actions
of possible perpetrators that is subject solely to the laws and regulation and free
of politics.
The Croatian judiciary is broad. The foundation for this wide scope comes from the
legal framework being established around several types of breaches. They are distinguished
by the possible magnitude of breeches, as well as by the underlying nature of
misdemeanours and crimes of would be perpetrators. There is also the common characteristic
of most courts being organised in two levels (first and second tier courts).
There is regular cooperation between the executive and CSOs and human rights experts,
as well as cooperation with independent experts on issues such as reviewing
strategic documents, etc. Despite almost every area of life being constantly surveyed
by media and CSOs eager to find every trace of possible misdeeds, it has been years
since the last case of possible abuse of individual liberties by a security institution has
been substantiated.
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