POLICE DETENTION OF FOOTBAL FANS AS MEASURE OF PREVENTING VIOLENCE IN CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS

Stanić, Miloš and Andonović, Stefan (2020) POLICE DETENTION OF FOOTBAL FANS AS MEASURE OF PREVENTING VIOLENCE IN CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS. In: Thematic conference proceedings of international significance Archibald Reiss Days. University of Criminal Investigation and Police Studies, Belgrade, pp. 65-75. ISBN 978-86-7020-453-9; 978-86-7020-190-3

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Abstract

Violence among supporters at football matches has become a part of everyday life. Legal systems are trying to provide appropriate answers to this negative phenomenon. Regarding the fact that Serbia is a signatory to the European Convention for the Protection of Human Rights and Fundamental Freedoms, it is of the utmost importance to secure that actions of state authorities are in line with the case law of the European Court of Human Rights. At the same time, it provides useful guidelines and boundaries for both the legislator and state bodies dealing with this specific problem. Consequently, the paper analyzes two decisions of the European Court of Human Rights, concerning the police detention of fans for the purpose of preventing violence at football matches. The authors pay special attention to the standards and conditions that the respective state is obliged to fulfil in a specific case. Authors also offer, where that seems necessary, an appropriate critical opinion. The scientific justification for studying this topic lays in the fact that there is the social need to clearly define the limits of preventive actions of state authorities, which have to be in line with the principle of protection of guaranteed human rights and freedoms, as an imperative in any democratic legal order, if Serbia one day decides to implement this measure in our legal system.

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