ZAGREB, June 2 (Hina) - The Mission of the Organisation for Security and Cooperation in Europe (OSCE) in Croatia and the Croatian Helsinki Committee (HHO) on Monday issued a press release explaining indicators of the number of
abolished tenancy rights in Croatia, recently presented in the media.
ZAGREB, June 2 (Hina) - The Mission of the Organisation for Security
and Cooperation in Europe (OSCE) in Croatia and the Croatian
Helsinki Committee (HHO) on Monday issued a press release
explaining indicators of the number of abolished tenancy rights in
Croatia, recently presented in the media. #L#
Both organisations say that they are convinced an adequate legal
remedy had to be found to compensate the former holders of tenancy
rights.
The OSCE Mission cited official number indicators of the Croatian
government which relate to court-abolished tenancy rights through
more than 23,700 initiated proceedings, many of which were
initiated by the government, in areas which stayed under the
government's rule during 1991-95 conflicts, says the press
release, adding that processes for the abolishment of tenancy right
had been initiated in 85 municipalities.
Two-thirds of these cases relate to seven large cities -- Zagreb,
Osijek, Zadar, Karlovac, Split, Sisak and Rijeka -- with 20% of all
abolished rights being in Zagreb alone.
Most of the proceedings were started and completed during the
Homeland War, based on a court's assessment that a family being
absent for more than six months was not justified.
A significant number of the abolished rights was based on suspicion
of taking part in enemy activities, the press release says.
The HHO did not comment on the government's official indicators,
but said it expected a small number of applications, about 10,000,
from former tenancy rights holders for their flats to be returned or
to be adequately compensated.
The HHO believes this will be the consequence of a policy which was
conducted towards returnees in the past decade, as well as of the
lack of political will to make return to the country possible and
sustainable.
The OSCE also wishes to stress that a certain number of families
have had their tenancy rights abolished automatically, based on
them being absent from the flat for three months, according to the
law on the lease of flats in liberated areas, which was adopted
immediately after the "Storm" liberation operation in 1995.
The government did not provide official information about the
number of abolished tenancy rights cases in areas of special
government concern, but based on the number of applications for
restitution which former tenancy rights holders have submitted to
local housing commissions since 1999, it is evident that there are
several thousands of such cases.
One should also note that court proceedings on abolishing tenancy
rights has not been completed. Final judgements on the issue are
being carried out even today, as are the evictions of families whose
tenancy rights have been abolished, which is leading to new
displacements, the press release says.
Furthermore, the government's ministries and the State Prosecution
are still requesting the abolishment of tenancy rights for all
family members for suspicion of participating in enemy activities,
which is contrary to Constitutional Court decisions of 1999 and
2000 that this provision can be applied in line with the
Constitution only if a judgement to that effect was passed in court
proceedings.
(hina) lml sb