HOST COUNTRY PRACTICE SURVEY: CROATIA HAS NO EXPERIENCE

UNCLAS ZAGREB 000189 SIPDIS E.O. 12958: N/A TAGS: CASC HR SUBJECT: HOST COUNTRY PRACTICE SURVEY: CROATIA HAS NO EXPERIENCE WITH BREACHES OF CONSULAR NOTIFICATION REF: STATE 009544 ¶1. The Croatian Government recognizes the obligations of Article 36 of the Vienna Convention on Consular Relations. MFA does routinely notify the Embassy of the arrest or detention of American citizens, though there may be a delay of several days between the detention and our receipt of MFA's notification. This appears to be due more to inefficiency in communication between Croatian government offices than in any intentional delay. MFA will not notify the Embassy, however, of the arrest or detention of Croatian-American dual nationals. Dual nationality is tolerated under Croatian law, though not officially recognized. Those Croatian citizens who obtain U.S. citizenship through naturalization will be considered Croatian citizens unless Croatian citizenship was explicitly renounced, and regardless of which passport is used to enter Croatia. ¶2. The MFA could provide no information regarding possible private rights of action for failure to provide consular notification and/or access. As no such complaint has ever been raised, the law which might provide redress to complainants has never been interpreted in this context. Consequently, Croatian officials could offer no information regarding possible monetary damages or who would be responsible for paying them. BRADTKE