Selected Correspondence:

T. D.
Fruskogorska 15
21000 Novi Sad
Serbia and Montenegro




Dear Mr. Schieder,

Please do allow me the liberty of dressing You in a matter of a particular nature related to the institutional breach of the very essence of the paradigm of human rights in the Republic of Croatia. Indeed in this matter, apart from the very obvious disregard for the sanctity of all the very fundamental human rights, Croatian institutions have shown an utter disrespect towards numerous bilateral and multilateral agreements to which they are signatories. Two years ago, Mr. Schieder, driven by honest belief that the institutional and legal democratization that was taking shape in the Republic of Croatia does inherently mean the reaffirmation of the basic principles of human rights, I have instructed my legal advisers to file the legal proceedings with the appropriate authorities in Croatia, in a bid to reestablish my legal rights to the properties of my family that were nationalized in 1946. Do allow me at this point to digress and underline the fact that my family has, during the last five decades, repeatedly challenged the legality of nationalization itself, in a series of court proceedings that have eventually lead to the decision by the Supreme Court of SFRJ, from 1980, whereby all the titles to the properties in question have been returned to my family. In addition, the same legal decision has established the obligation of the Republic of Croatia to compensate my family for the real-estates that belonged to my family and that have been privatized since the nationalization. As can be ascertained the first part of the decision has been enacted, which is to say that the titles to our properties in Plitvice region have been nominally reestablished, while at the same time no compensatory payment to my family has ever been made by the Croatian authorities. Indeed, at the time of the filing of the petition with the courts in Korenica (with the jurisdiction over the Plitvice region), and in Gospic, I did fully expect to be able to bring an end this gargantuan legal saga within a reasonable time period. Much to my dismay, and in a sharp disagreement with numerous nominal declarations by Croatian authorities vis-à-vis their European orientation, a year and a half passed before I got any answer from the Republic of Croatia. In fact what is even more peculiar, other than the fact that the case was heard incognito in October of 2002 and that the decision has arrived to me in Novi Sad in June of 2004, is the fact that the answer came in a very vague form and from the court in Korenica in which, regardless of the fact that our property under their jurisdiction by far surpasses in value our other properties, the Court has declared that it did not have jurisdiction over the issues in question with most peculiar explanation that since our family never resided in that region we should address the issues in front of "some other court" within Croatia. Needless to say the court in Gospic has not responded to this day regardless of the fact that we have refilled the petition again at the beginning of 2003.

As an academic professional who has gained the highest academic degrees and accomplishments, as well as business acumen in the United States of America I really do stand firm in my assessment of this blatant breach of numerous European and international legal standards by some of Croatian authorities in the case in question. As I have, within the last month, sent several appeals to various Croatian ministries to which I have received absolutely no reply, it is rather clear that the Croatian authorities are in fact openly discriminating in both the definition and the application of the law as it regards foreign nationals. In that regard Mr. Schieder, I am taking a great liberty of rising this question in front of You in a hope that You as a President of the Parliamentary Assembly of the Council of Europe may be able to advocate in this rather delicate matter. As it is my deepest belief that the Republic of Croatia is genuinely on the path towards the full integration in the European Union, it is my further opinion that as inherently this particular issue lies at the very core of the European human rights values it should thus be given the required and deserved attention. As this historical injustice has lasted for almost six decades, and as the process of democratization has irreversibly started, I believe that at this particular point in time it must be possible to find a mutually satisfactory solution between one of the applicant states to the European Union and the victims of the times and ideologies of the past.

Do allow me at this point, to thank You Mr. Schieder in advance for your time, effort and eventual advice in this matter.






Sincerely,


T. D.

Dear Professor

The President of the Parliamentary Assembly, Mr Peter Schieder, has asked me to acknowledge receipt of your letter below, and to reply. Unfortunately he is not in a position to intervene, not least because your cases appear to be still before the domestic courts. However, he would suggest that you ask your lawyers whether any possibilities exist under the European Convention on Human Rights.



Copies of your letter and this reply have been forwarded to the staff of the Parliamentary Assembly's Committee on Legal Affairs and Human Rights for information.



Yours sincerely,

Simon Newman,
Head of the Private Office of the President/
Chef du Cabinet du Président,
Parliamentary Assembly/Assemblée Parlementaire,
Council of Europe/Conseil de l'Europe,
67075-Strasbourg Cedex
France

Tel. +33 (0)3 88 41 26 18
Fax. +33 (0)3 88 41 27 96

simon.newman@coe.int

http://assembly.coe.int

Parts of the natianalized properties in question

Denationalization in Croatia - Human Rights Abuse

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