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Letters to the President of ECHR, November 2005
Letter to ECHR (March, 2004)

DEPRIVATION  IN  CROATIA  (Summary)

 

      Do you believe that the Constitutional Court of Croatia, or the European Court of Human Rights (or any other court) is right, if it says that something is white, while everybody can see that it is doubtlessly black?!  Do you think it is impossible that any court could be so wrong?  Many of us in Croatia know quite well  that the "impossible" has really happened!

 

      Resolution 1096 (Para 10) of the Parliamentary Assembly of the Council of Europe (1996) says that the State should award a just compensation to original owners, in cases where the rights of tenants or current owners would be violated by restituting the previously seized property in integrum.  In conformity with that, the nationalized apartments in Croatia have  not  been restituted, but have been cheaply sold to "tenants" i.e. tenantship-right holders, who paid less than ten percent of the market value.  [Note: The "tenantship-right" was not a common tenancy or lease! A "tenant" was practically (or about 90 percent) an owner of his apartment, which had thus been seized forever from the original (nominal) private owner, by the laws  in former Yugoslavia (SFRJ). The tenantship rights lasted, and new tenantship rights have also been acquired, in the new Republic of Croatia, until 1996].

      Moreover, by a Croatian law  of 1996, a part of  private owners  were  compelled  to cheaply sell  their apartments to the users of these apartments (even without the tenanatship rights). This new seizure of the apartments has been approved by the Constitutional Court too,  for the sake of  social justice.

 

      On the contrary, about 7000 of us, who are tenantship-right holders in the so called "nominally-private occupied apartments" (i.e. apartments seized from original owners in former Yugoslavia- SFRJ),  have  unjustifiably  been  discriminated against  by being  not allowed to likewise cheaply buy our apartments!  Also, we and our families are  deprived  of our  property  (i.e. our tenantship right, abolished in 1996)  which is worth about 90 percent of the market price of an empty apartment. 

      In this way, I am also being deprived of more than 100.000 EUR, which is almost all my property!  Even though the nominal owner had offered  (in 2002) to sell the apartment to me, the government has  refused to grant the compensation (i.e. the money which I don't have). That compensation would make it possible for me to cheaply buy my apartment in the same way as other tenantship-right holders had bought theirs  (i.e. for about 10 percent of the price - payable by installments through 30 years).

      (The deprived tenantship-right holders are compelled to sign contracts by which they should temporarily become "protected lessees". I have NOT signed such a contract, because I resist being deprived of my permanent, forever-inheritable tenantship right).

      So far, the Constitutional or the European Court has not helped us!

      Our wrongly-abolished tenantship right must be restored to us, and we must get the right to cheaply buy our apartments in the same way as others have bought theirs.  The leading political parties (HDZ, SDP) and others have repeatedly proposed in the Sabor (=parliament) that all tenantship-right holders must get equal rights to cheaply buy the apartments in which they live, but they have not made actual drafts needed for changing the bad laws!

 

      In 1991, by a new law, the publicly-owned apartments were sold to tenantship-right holders for less than 10 percent of the market price. Many nominal owners would also agree that the seized (so-called "nominally-private") apartments be cheaply bought by tenantship-right holders (for about 10 percent of the price)  if the State would pay the rest.  But the State did not allow this just solution, although it is the State's duty to make it possible!  Instead of compensating the original owners, the State unjustly violates our human rights and grabs our legally acquired property (i.e. our permanent, forever-inheritable tenantship right)!

      To read more, please, click on the links below:

BS TR

CHC support

Branko Soric,  dr. med.

Vlaska 84

10000 ZAGREB

CROATIA

E-mail:   branko.soric@zg.t-com.hr   

                                  

Some web-addresses:

   http://soric-b.tripod.com/id2.html   - Resolution 1096, para 10

   http://soric-b.tripod.com/hho/id9.html   -  CHC's support

   http://soric-b.tripod.com/hho/   

   http://soric-b.tripod.com/obespravljenost/id9.html 

   http://soric-b.tripod.com/obespravljenost/id8.html

   http://soric-b.tripod.com/krivica/

   http://soric-b.tripod.com/     

   http://soric-b.tripod.com/bs/  

 

   http://soric-b.tripod.com/ulaz/

   http://soric-b.tripod.com/visp/

 

   http://soric-b.tripod.com/prijava/

   http://soric-b.tripod.com/prijava/id3.html 

   http://soric-b.tripod.com/bssp/  

   http://soric-b.tripod.com/prvokup/

Everything in these sites is based on opinions of many other persons (tenantship-right holders, lawyers, and others).  If anything is unclear, additional explanations and arguments can be given. /   Tekstovi na ovim stranicama u skladu su sa misljenjima mnogih drugih osoba (nositelja stanarskog prava, pravnika, i drugih).  Eventualne nejasnoce mogu se objasniti i dodatno argumentirati. 

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