Article 93 of the Constitution and Article 8 of the Ombudsman Act state that the Ombudsman and their Deputies have immunity from criminal proceedings similar to those of Members of Parliament. However, the law does not expressly provide them with protection from civil liability for acts undertaken in good faith in their official capacity. The SCA notes that the enabling law is silent on protections for ORC staff from civil and criminal liability for acts undertaken in good faith.

The SCA notes ORC’s indication that Croatia is drafting legislation to protect persons engaged in public participation, including journalists and all human rights defenders, from unfounded legal actions which aim to deter public participation.

The SCA is of the view that protection from criminal and civil liability for official acts undertaken in good faith by staff and members should be clearly entrenched in law. Such protections serve to enhance the NHRI’s ability to engage in critical analysis and commentary on human rights issues, safeguard the independence of senior leadership, and promote public confidence in the NHRI.

The SCA encourages the ORC to advocate for protections from civil liability for the Ombudsman and Deputies for acts undertaken in good faith in their official capacity in law.

Further, the SCA encourages the ORC to advocate for explicit protection in law for staff from civil and criminal liability for official actions undertaken in good faith.

The SCA refers to Paris Principle B.3 and General Observation 2.3 on “Protection from criminal and civil liability for official actions and decisions undertaken in good faith”.