ZAGREB, Feb 24 (Hina) - The Main Headquarters for the Protection of the Dignity of the Homeland War last week initiated the signing of a petition on organising a referendum on a proposal that all participants in Croatia's Homeland War
be freed of any criminal prosecution, i.e. be given the same right, the sponsors believe, as enjoyed by members of all anti-fascist movements in the western world and Croatia. To organise a referendum, it is necessary to gather the signatures at least 10 percent of all voters in Croatia, that is, some 400,000 signatures. The decision of the referendum would be binding for the parliament only if some two million citizens eligible to vote should take part in the referendum. The Constitution, however, does not say within which time the parliament would have to comply with the decision. The Headquarters' request is based on conclusions adopted at last week's par
ZAGREB, Feb 24 (Hina) - The Main Headquarters for the Protection of
the Dignity of the Homeland War last week initiated the signing of a
petition on organising a referendum on a proposal that all
participants in Croatia's Homeland War be freed of any criminal
prosecution, i.e. be given the same right, the sponsors believe, as
enjoyed by members of all anti-fascist movements in the western
world and Croatia.
To organise a referendum, it is necessary to gather the signatures
at least 10 percent of all voters in Croatia, that is, some 400,000
signatures. The decision of the referendum would be binding for the
parliament only if some two million citizens eligible to vote
should take part in the referendum. The Constitution, however, does
not say within which time the parliament would have to comply with
the decision.
The Headquarters' request is based on conclusions adopted at last
week's parliamentary debate on the current political situation
regarding the 'Norac case', which was suggested by the Croatian
Party of Rights (HSP) and the Croatian Christian Democratic Union
(HKDU).
HSP and HKDU deputies urged the adoption of a special law
guaranteeing the permanent cessation of the criminal prosecution
of all Croatian soldiers. The lower house rejected these
conclusions by a majority vote.
HSP president Anto Djapic welcomed the Headquarters initiative,
claiming Croatian soldiers should have the same status as Croatian
WWII anti-fascist fighters, who faced no criminal prosecution
whatsoever for criminal acts committed between 1941 and 1945.
Ivan Fumic, president of the Association of Anti-fascist Fighters
of Croatia, however, claims Djapic's statement is not true.
"The Headquarters petition is based on the fabrication that
participants in the anti-fascist movement were pardoned after
World War 2," he says. "That is an untruth, such a law was not
adopted by any country which was on the side of the winner in that
war."
Fumic claims that persons suspected of grave violations of
discipline were convicted during and after World War II.
Djapic claims that no one has ever answered for mass murders such as
the mass killing at Bleiburg.
A criminal law professor, Petar Novosel, believes there is neither
a legal nor a political document which could be the basis for the
Headquarters' demands.
"Whether those who fought on the side of the victor in World War 2
were via facti freed from criminal prosecution is another matter,
but I do not know of the existence of any document which would free
the members of a victorious army from criminal liability in
advance," Novosel told the Republika daily.
According to Novosel, the existing Amnesty Law can, in a limited
scope, be applied to Croatian soldiers, too, "but certainly not to
war crimes, regardless of who committed them."
Protection of participants in the Homeland War has been made
topical by the case of retired general Mirko Norac, who is suspected
of war crimes in Gospic in 1991. After hiding for two weeks, Norac
surrendered to the Croatian police and is currently in custody at
the Rijeka County Court Investigative Centre.
(hina) sb rml