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