ZAGREB, Jan 21 (Hina) - Three Croatian bills on compensation for damage which occurred during the Homeland War, forwarded into parliamentary procedure by the government last week, do not solve legal issues which the European Human
Rights Court registered in 2002 and should, therefore, be reviewed, the Mission of the Organisation for Security and Cooperation in Europe (OSCE) to Croatia said in a press release on Tuesday.
ZAGREB, Jan 21 (Hina) - Three Croatian bills on compensation for
damage which occurred during the Homeland War, forwarded into
parliamentary procedure by the government last week, do not solve
legal issues which the European Human Rights Court registered in
2002 and should, therefore, be reviewed, the Mission of the
Organisation for Security and Cooperation in Europe (OSCE) to
Croatia said in a press release on Tuesday. #L#
The Croatian government adopted three bills last Thursday, which
are supposed to regulate the government's liability for damage
caused by the army and police during the war in the country (from
August 17, 1990 through June 30, 1996), damage caused as a result of
terrorist acts and public demonstrations, and damage which
occurred in the former Yugoslavia, but only in cases where the
damaged party is a Croatian citizen and if the loss occurred in
Croatia.
The Mission says the "bills should provide complete solutions for
those affected by a 1996 decision by the Croatian parliament on the
cessation of all court procedures in which compensation was sought
for damage caused by terrorist acts".
"The bills should in a similar way secure a legal remedy for all
those affected by the parliament decision in 1999 on the cessation
of all court proceedings for compensation for damage caused by the
Croatian Armed Forces and police between 1990 and 1996. Finally,
the bills should regulate liabilities for damage caused to
individuals, which Croatia inherited as a successor of the former
Socialist Federal Republic of Yugoslavia," the press release
continues.
According to the OSCE, the bill on compensation for damage caused by
terrorist acts allows only suits for personal damage, although the
rescinded law allowed suits for damage to and destruction of
property.
"It is not in accordance with Croatia's international legal
commitments to have court rulings awarding compensations for
damaged property, as well as truncated suits, ceased
retroactively. This is what will happen if the parliament adopts
the bill on liabilities for damage caused by terrorist acts in its
present form," said the Mission's head, Peter Semneby, according to
the press release.
The government has been committed to regulate this issue by the
March 2000 ruling of the European Human Rights Court in the case of
Kutic Vs Croatia. The court ruled that the discontinuance of
incomplete suits by the Croatian parliament without any new laws to
regulate the issue was a violation of rights to approach courts.
According to the bill moved by the government, the Kutic family,
which sought compensation for the destruction of property, would no
longer be able to demand this compensation.
The bill on compensation for damage caused by the army and police in
the period from 1990 though 1996 provides no legal remedy for the
parliament's desisting to process unsolved cases dating back to
1999. It seems that the bill practically excludes any compensation
for damage caused by the army and police, considering the
retroactive definition of "war damage" for which the state is not
responsible, says OSCE.
The European Court recently accepted the reviewing of several cases
to establish whether the cessation of unresolved cases from 1999
constituted the violation of the right to approach courts, the
organisation said in the press release.
The moved bill on liability for damage caused by the army and police
during the Homeland War envisages that the state bears
responsibility for damage which does not have the character of war
damage.
War damage is seen as damage which occurred during and in the
location of combat operations, such as shelling.
The third bill regulates Croatia's liability to pay damages for
loss to individuals for which the former Yugoslavia was
responsible, before Croatia's independence.
The proposed restrictions to claims by citizens and non-citizens of
states with the condition of reciprocity is cause for concern that
some damaged parties could lose the right to legal remedy, said the
OSCE.
(hina) lml sb