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From: "HL/Netcom"
<latkovic@ix.netcom.com>
Date: Mon, 21 Jun 1999 11:56:51
Subject: "Non- HUMAN RIGHTS COURT" in Strasbourg
Hi:
Reportedly, Strasbourg is rejecting Property Claims (nationalization,
confiscation etc..) almost "en masse", on basis of "TECHNICALITY".
They refuse to touch anything if it happened before the establishment of
the Human Rights Court what occurred much later than most of the nationalization and
confiscation did. There is a 15 years gap, probably.
So if one writes:
"My property, which was nationalized in 1952,......"
or:
"My property, which was confiscated in 1947,....."
apparently has no chance to succeed in Strasbourg.
At least in Croatia, the law distinguishes with a big difference
nationalized and confiscated properties.
"Nationalized" properties are controlled under the "Law on
compensation(...)"
"Confiscated" properties are controlled under the "Law of
rehabilitation"
"The Law on compensation (...)", passed in the late 1996, is a
forced & "phony" compensation without a possibility of returning properties
to the owners. Furthermore, the Law foresees the purchase of the properties by the today's
occupant of the particular property, without any optional intervention from the real
owner. In this case, the Croatian legal system does not fail in the enforcement of this
particular law.
"The Law of rehabilitation", on the other hand, by
rehabilitating a person is asking to restitute all the confiscated properties to the
rehabilitated person. To the best of my knowledge, non of the rehabilitated persons had
their confiscated properties restituted.
Here, the Croatian legal system fails constantly. But, it fails TODAY
& AFTER the establishment of the Human Rights Court in Strasbourg. It fails to enforce
its own law.
So, it appears that if all required procedures have been followed, all
legal remedies fully exhausted without a positive result, a person with confiscated
properties has all rights to be accepted in Strasbourg.
Since the legal system does not fail in cases of "nationalized"
properties, a person in this case has no longer any grounds for legal remedies because:
- the today's courts had fully obeyed the "Law on
Compensation(...)"
- the person remains "hunted" by the "sequence of events", enforced by
Strasbourg.
In order to circumvent this "cleverly put" obstacle, I would propose the
following, that is to answer to "technicalities" with
"technicalities":
1. In SFR Yugoslavia, the real
"nationalization" never happen or was never enforced, or was never properly
enforced or was never fully enforced. (all apply!)
2. The "Law of nationalization" from the
1940-ties, (National Gazette No.:....., Year.....) foresees the normal, regular, true
nationalization, which consists of two main steps:
- taking of the property by the government
- full and "market-value" compensation of that property to the owner by the
government ("Law of Nationalization, Article No.:....)
3. After the massive taking of the properties occurred,
the owners were never compensated.
Therefore, the process called "nationalization" was never a real
nationalization.
That process could only be called: "blocking of properties
and awaiting payment or de-blocking."
(Please note that this can be proven by the simple fact that the
government didn't allow any selling or buying, or any kind of manipulation whatsoever of
these "blocked" properties.)
4. Therefore properties were never nationalized, because
the law was never enforced.
5. That period called "and awaiting payment or
de-blocking" was stretched from 1950-ties until 1996 when the Croatian
government passed the "Law of compensation (...)".
6. Now this is very important: In Croatia, that process
called Nationalization" lasted from the '50-ties till 1996. The process of
nationalization was only terminated in 1996, by the "Law of compensation
(...)"!!!!
Actually, the process of NATIONALIZATION occurred in 1996 (!!!)
7. In the mean time, the Human Rights Court in Strasbourg
was established.
8. Only after 1996, our prepares were really and truly
disturbed:
- enforced compensation, set by the government, never equal to market
value.
- our properties sold under the market value, to others, by the government who is acting
as a kind of "real estate agency" , through the "Fund for
Privatization."
9. Only after 1996, claims arouse for the first time!!!
Only after 1996 the government revealed the true face of the "and awaiting
payment or de-blocking". Only after 1996 the owner received no awaited payment
neither his/hers property was de-blocked.
10. Therefore, the claim never "arouse" in the
'50-ties, as well as the property was never "disturbed" in the '50-ties, but
indeed in 1996!!!
------ Here, I see the "green brick road"
to Strasbourg. ------
------ The only way.---------------------
...............................................................................................
Further more, if they don't like the above:
- In SFRJ, only CONFISCATION OCCURRED!!!!
- In Republic of Croatia, under the government of President Tudjman, NATIONALIZATION
occurred in 1996!!!
- HOW? Very simple:
1. Something which is taken but never paid is either:
- stealing
or
- confiscation
but never "nationalization."
2. Since what happened in 1950-ties was official and not
done clandestinely, it couldn't be "stealing". Since they never paid for their
actions of taking of properties, it couldn't be nationalization.
So, the only remaining option in respect to the action of taking of
property by that government is indeed "CONFISCATION" (!!!)
3. But WHY the government of SFRJ called some of its
actions of taking the properties "confiscation", another
"nationalization", if both actions were identical.
4. Purely for technical reasons:
4.1. Confiscations were mostly performed to the owners:
a) of considerable wealth
b) who had industrial properties, vital to the existence of the state
c) who were of different political opinions
d) who were Jewish.
4.2. Nationalization were mostly performed to the owners:
a) the above couldn't be applied, except
b) who were Jewish
So, because they couldn't find a firm ground neither a standing pretext to
confiscate property to a larger number of remaining population, they were forced to invent
a "by-pass" which allowed to reach the same goal: taking of properties without
re-payment.
If two totally different words have exactly same definition, these two
words must be identical by definition.
The non-existence of the contrary is a sufficient argument to prove that
this is absolutely true.
Therefore, NATIONALIZATION & CONFISCATION in the former SFR Yugoslavia
is one and single process of taking of properties from the people. Indeed.
So, if someone is arguing on basis of nationalization and the sequence of
events, we should press back the abolishment of the definition of the word
"nationalization" as it is defined in the West, equalizing it with the word
"confiscation". Furthermore, we should prove that "nationalization" as
it is defined in the West, didn't occur in the '50, but in 1996, when the government of
Croatia decided to "compensate".......
I would appreciate all of your comments, from all of you.
If you agree with the above, please feel free to forward this message by
all means! If the attention to this subject of Strasbourg is not brought-up, many cases
will be lost.
Best regards,
Hrvoje Latkovic
201 867 1483
201 867 3794 fax
latkovic@ix.netcom.com
From: Juan Sopianac
<sogan@tiscalinet.it>
Date: Monday, June 21, 1999 4:59 PM
Subject: Re: Non-Human Rights Court in Strasbourg
Dear Mr. Latkovic,
Your above communication should be somehow re-written prior to
distribution although its content is correct.
1) The High European Court for Human Rights in
Strasbourg:
This 'institution' will NOT CONSIDER any pertinent CASE originated PRIOR
to its constitution ( in 1957) and will send the 'case' back to sender's address,
indicating, its decision is anchored in some Constitutional milestones! This decision
cannot be appealed!
Accepted cases by the Court for violations of 'Human Rights' have some
pre-conditions:
a) The subject Country (State) must have signed up all
EU-Charters and is willing to accept the E-Court as a major-superior one. (All States
permitted for entry into the "Council of Europe" did this - Croatia in 1996, as
well!)
b) All Claimants to this E-Court, MUST PROVE ALL LEGAL
MEDICINE has been applied and exhausted to their 'case' in their homeland - without
success! Timing of this act (or acts) MUST be later then 1957! Note: Above procedure is
intelligent & efficient! Since all member-states in the 'Council of Europe' HAVE
ACTUALLY SIGNED UP ALL PAPERWORK IN QUESTION, their CONSTITUTIONAL LAWS have been checked,
prior to their acceptance...the European High Court for Human Rights....has ONLY TO CHECK
on a -case by case- basis, if "signed up papers by the states" are properly
executed, or maybe violated (!) The statistical elaborate State by State gives a good
picture of 'the state of art of democracy' in certain Countries.
A special situation shows up in certain States and Cases, if "the
pertinent Court" does NOT CONCLUDE a case within a reasonable spread of time. This is
defined by the E-Court as a 'INTENTIONED TIME-DELAY' for whatsoever reason it might
happen! The average lead time on subject 'National State Courts' is assumed with approx. 6
Month. This defines an average time interval, an individual should wait to get step by
step from one instance to an other in his own country. If this '6-month-timedeadline'
exceeds, the Claimant CAN REVERSE HIS PROBLEM to the E-Court in Strasbourg.
2) Nationalization:
UNPAID (or not equitable Pay out) NATIONALIZED PROPERTY is THEFT! It means
an 'unfinished deal' under two parties! Most transactions (sales contracts) of goods for
money or vice versa have clauses as: Goods are to be understood sellers property, as long
as the entire convened sum under both parties has not been cashed on the sellers' end!
Of course, the word (or the act) NATIONALIZATION has been corrupted by the
Communist regimes. NEVER PAID PROPERTY or NEVER PAID AN EQUITABLE MARKET PRICE FOR
NATIONALIZED PROPERTY, is a dirty malfeasance, let me say a "Legal theft". Since
Legal thefts in democratic countries are unknown and juridical not feasible, it is not
upon a translator to interpret 'what really was Communist-Nationalization' but a serious
international juridical question, to be defined and resolved. No doubt therefore, what
Croatian Laws, Croatian Legislators or Croatian Government did, is....legal-mislead and an
extreme violation of Private Property Rights on their own citizens!
3) Confiscation: ...is a juridical Court process due to
'unfair praxis' of a citizen! The verdict of 'confiscation' can only be removed by a
second Court-verdict, the 'rehabilitation'! In Croatia in 1945-46, most of the
Trade-Industrial-Real Estate Private Property was 'confiscated' by only ONE NEW LAW! This
law was 'invented' just to can confiscate all (desired) property at once, fast and in a
simple way. People were accused of 'collaboration with the enemy' and found guilty in 5
minutes. No witnesses were permitted, and no appeal was permitted. Industry, Commerce,
Hotels, Cinemas, Taxi-undertakers, Barbers, Butchers, Hairdressers, Backers...all were at
once guilty and therefore the verdicts were 'confiscation' +++! 'Cogent' circumstances
were not allowed at all. Short: Almost all cases were Show-Trials, and the verdicts very
likely! This period can be defined as the 'First step in depriving people of their
Property'.
Today Croatian Courts DO NOT WANT TO REHABILITATE all these cases! Reason:
The Croatian Authority doesn't want to return seized property at all! What happens in
praxis?
1) Courts do not conclude any verdict for more then 6 years!
2) Courts deliberately 'invent' any kind of 'excuse' e.g. how to present
a witness, 50 years later (?) a.s.o.!
3) Courts deliberate 'partial rehabilitations' (?), excluding the
restitution of 'confiscated property'(!) ..an unknown procedure at all!
Some cases came up in 1992-93 with a 'clean rehabilitation' verdict,
but......the confiscated property is still there....under the State-Control!
Croatia is still a long way from being a 'State of Rule of Right'. All
this will become more and more visible on the desk of the E-Court in Strasbourg as soon as
more and more 'cases' will be examined! This will take some more time....until all
claimants will be dead (..as doornails!).
Regards,
John
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