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A LEAFLET distributed in the streets of Zagreb by B. Soric



      The dwellers have bought, for about 10 percent of the price, some 350,000 public and nationalized apartments, as well as some private apartments (by Article 48 of the Law on Renting Apartments, that abolished the dwelling rights in 1996).  What would you say, if the State seized, even without a compensation, such an apartment that you had bought for 10% of the price?! In such a way you would lose some 50,000 or 100,000 euros (EUR), perhaps even more!

      THAT  HAS  ALREADY  BEEN  SEIZED  FROM  ME,  as well as from other holders of equal dwelling rights ("stanarsko pravo") in the so-called private occupied apartments (about 7000 such holders)!   I  HAVE  BEEN  DEPRIVED  OF  ALMOST  ALL  MY  PROPERTY!   The dwelling right was not a lease but an ownership  (i.e. the main owner's rights, acquired forever, by the laws) which is guaranteed by the Croatian Constitution since 1990!

      I have acquired my dwelling right by the free will of the original owner (and I offer to prove that;- please, contact me by e-mail!), and because I had this right, I worked in Zagreb for about 800 DEM (German marks) per month, instead of having worked abroad, where I would have earned several-times more, so that it would have been possible for me to easily buy an apartment. (My pension is 2812 kunas (HRK) i.e. about 375 euros (EUR) per month). The subsequent nominal owner offered to sell the apartment (on November 12, 2002), but the State refused to pay a compensation (although the State should have paid it!) that would have made it possible for me to buy the apartment!  DO  YOU  THINK  THAT  SOMETHING  SIMILAR  WILL  NOT  HAPPEN  TO  YOU  TOO  IN  SUCH  A  STATE  AND  IN  SUCH  EUROPE?!

      The government and the highest courts have violated the Constitution and our human rights, although the following has been said in the Sabor (parliament):

      On April 22, 1998., Dr. N. Mihanović (HDZ): "...let all be allowed to buy their apartments. And the State should give compensations to the owners".  January 29, 1999.,  Ž. Antunovic on behalf of SDP: "All the dwellers should get the right to buy their apartments, and the owners should receive market-value compensations".  January 29, 2003., J. Kosor (HDZ): "...let the dwellers buy the apartments in which they live, And, of course, the owners should receive compensations. That would be in conformity with the documents of the Council of Europe".  January 29, 2003., V. Šeks  (HDZ): "I think we should examine this situation from the point of view of social justice, as the highest principle, and in accordance with the Resolution 1096 of the Parliamentary Assembly of the Council of Europe from 1996".

      On March 3, 2004, the Sabor ratified the international Agreement on Succession Issues with its Annex G, whose Article 2 says that all contracts concluded by citizens before 31 December 1990, including those concluded by public enterprises, must be respected on a non-discriminatory basis. (This comprises the contracts by which we acquired our dwelling rights). That is supplemented (not derogated!) by the Article 6, which reads: "Domestic legislation (...) concerning dwelling rights (»stanarsko pravo«...) shall be applied equally to persons who were citizens of the SFRY and who had such rights, without discrimination on any ground (...)" (Narodne novine - Međunarodni ugovori br. 2 /2004). This international agreement, by its legal power, is above the laws, and so it follows that our dwelling rights must immediately be returned to us (or, practically, that means that we must be given the right to buy our apartments, and the nominal owners should receive just compensations).  However, this is being concealed from the public; the newspapers have refused to publish many of our letters on the importance of Annex G!  What has been said in the Sabor, is not realized, it has been delayed for many years! During that time I grew old, and the State is now waiting for me to die!                     


      We DEMAND that the above-mentioned international Contract and the Resolution 1096 be respected and our dwelling rights be immediately restored to us, and we must be given the same right to buy our apartments at approximately-equal prices as other apartments have been bought including some private apartments that had been compulsorily sold to dwellers (by Article 48 of the Law on Renting Apartments, 1996), which was approved by the Constitutional Court of Croatia for the sake of social justice!   


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 December. 2004.       


  Dr. med. Branko Sorić, Zagreb, and other dwelling-right holders     




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