The Zagreb Municipal Civil Court rendered its judgment on September 30, finding evidence that illegal checks cause violations of personal rights and are grounds for citizens to seek damages.

Activist Sandra Benčić was awarded compensation of 20,000 kuna (2,700 euros).

The Security Intelligence Agency (SOA) was performing illegal checks on Sandra Benčić of the Centre for Peace Studies (CMS) from November 17, 2006, to January 2, 2007, after she had nominated herself for the Government Council for Development of Civil Society.

Illegal checks

The September judgment confirmed the decision of the Constitutional Court, which concluded in May 2014 that the security checks were carried out illegally and without judicial supervision, but they could not identify who carried it out and what data was collected. The head of SOA in that period was Tomislav Karamarko.

CMS points out that in this case, as in other cases, it would not be possible to find out whether SOA was conducting illegal surveillance of the citizens, nor initiate legal action, without the Council for Civilian Oversight of Security and Intelligence Agencies.

Therefore, CMS also points out the importance of establishing effective civilian oversight of the security services with the aim to provide additional independent mechanisms for the protection of citizens.

Citizen oversight

The opinion of the Council for Civilian Oversight in the case of Sandra Benčić was crucial in order to establish a violation of human rights. It is very disappointing that the civil control is still not legally constituted by the Croatian Parliament, and that the agencies are working without effective civilian oversight, especially now, when – under the umbrella of protection against terrorism – authorities to easily violate boundaries of security.

Citizens should have a systematic and independent control over the security services to prevent them from conducting unlawful surveillance of citizens.