The CHC supports
the tenants and the SDP's proposal.
The letter of
support by the CHC received on April 10,
2002, in SUS Zagreb (Received by Ms Cvijeta Kovac)
TRANSCRIPT (translated into English by Branko Soric):
INTERNATIONAL
HELSINKI FEDERATION FOR HUMAN RIGHTS (lHF)
CROATIAN HELSINKI COMMITTEE FOR
HUMAN RIGHTS ( CHC )
llica
15 / III, 10000 ZAGREB, CROATIA
Tel (+385)-1-481 2322, Fax (+385)-1-481 2324
E-mall: hho@zg.tel.hr Web:
www.hho.hr __
PREDSJEDNIK / CHAIRPERSON: Zarko Puhovski
IZVRSNI ODBOR / EXECUTIVE BOARD: Izet Aganovic,
Tatjana Burjacenko Grubisa, Gvozden Flego, Veljko
Miljevic, Igor Mandic
RIZNICAR / TREASURER: Dragomir Vojnlc
IZVRSNI DIREKTOR / EXECUTIVE DIRECTOR: Tin Gazivoda
CLANOVI / MEMBERS: Zdravko Bazdan, Dushako
Delmatho, Ljiljana Filipovic, Rajko Grlic,
Miro
Jakovljevic,
Aleksandra Langerholz-Miladinov, Paolo
Magelli, Vilim Matula, Edo Murtic, Mijo
Pavic,
Katarina
Peovic-Vukovic, Nenad Popovic, Vlatko
Silobrcic, Ivo Slaus, Nikola Viskovic, Vice Vukov, Daniel
Zderic
--------------------------------------------------------------------------------------------
The letter of support to the "Independent Union of Tenants Zagreb and the Federation od Tenants of Dalmatia, Split, Dubrovnik and Sibenik"
The Croatian Helsinki Committee
for Human Rights fully supports the tenants who have been deprived of their tenantship right and who justly oppose a forcible
eviction into substitute flats of a lower market value.
The
Croatian Helsinki Committee for Human Rights supports the proposal made in the Sabor (=Parliament) in 1999 by the leading party of the today's ruling coalition i.e. the Social-Democratic Party of Croatia
(SDP), who proposed equal rights for all tenants to cheaply buy their flats and a market-value
compensation for the owners.
Some
tenants' tenantship rights have
been transformed into ownership by means of their being allowed to cheaply buy
the social-property flats. In the same way the nationalized flats have also been
cheaply bought by tenants. These nationalized flats, in conformity with the Resolution 1096 of the Parliamentary Assembly of the Council of Europe, have not been
returned to the owners because the tenants had acquired the tenantship rights
in these flats. However, the Resolution 1096 has not been respected in the case
of the so-called private occupied flats,
but, instead, these tenants
have been deprived of their tenantship rights by the Law on Renting Flats (1996) in
order that these flats be restituted to owners. In this way, these tenants have been discriminated against and deprived
of the economic value of their tenantship right. (Namely, the tenantship right could
forever be inherited and it was worth about 90% of the market value of
a flat, while the new right of "protected lease-holding" has almost no value as a property or possession, because the new family
members will completely lose this right and they will not be protected at all).
The
tenatship right has been considered (during SFRJ) as a divided ownership on a flat ("dominium divisum"), because the owner of such a flat had
lost forever the greatest and most
valuable part of his ownership rights, which
had been comprised within the tenantship right and given forever to the tenant and his legal inheritors. Such occupied private flats used to be sold by the owners, during SFRJ, for about 10% of the market value
of an empty flat. The rest of the value has been kept by all those tenants who
had cheaply bought the social-property flats, as well as other flats, on the ground of their tenantship rights, with the exception of tenants in the
so-called private occupied flats, whose human rights to possessions (in the sense
of the European Convention on Human Rights) have thus been violated.
The
tenants in the private flats should be given equal rights to cheaply buy their flats as other tenants had been given, the more so because Article 48 of the
Law on Renting Flats compels the owners to cheaply sell to tenants even some
of the flats that are in the owners' complete, undiminished ownership (without tenantship rights on them), because these owners have, in some measure, been compensated by having themselves cheaply bought other flats;
and this has been confirmed by the Constitutional Court of Croatia in the name of social justice.
For the CHC: Zarko Puhovski
_
_
NATIONAL HELSINKI COMMlTTEES IN: Albania-Austria-Bulgaria-Canada-Croatia-Czech Republic-Denmark-Finland-France-Germany-Greece-Hungary-Italy-Kazakhstan-Kosovo-Macedonia-Montenegro-Netherlands-Norway-Poland-Romania-Russia-Serbia-Slovakia-Stovenia-Spain-Sweden-Switzerland-United
Kingdom-United States - Associates:
Belarus
______________________________________________________________
The
IHF has consultative status with the Council of Europe
_________________________________________________________ ____
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