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Please send in any articles note worthy on the subject illegal
property seizures.
Further information, please contact:
Ms. Alexandra Mareschi
Email: alexandra.mareschi(at)projusticia.net
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Subject: November 2005
Sender: Alexandra Mareschi, Secretary-General, ILOG
Contact: www.projusticia.net
Email
To whom it may concern!
We kindly call upon EU and International institutions, politicians,
legal scholars, NGO's and the press to help us insist on establishing
a forum competent to deal with confiscated property claims as well as
implementing the necessary legal mechanisms to provide an effective
and enforceable remedy in cases where a violation has been
established.
Up to the present date claims regarding communist mass property
confiscations have not been resolved in accordance with international
law. Recent decisions, namely von Maltzan and others (No. 7191/01),
show that the European Court of Human Rights prefers not to touch the
subject and tends to consider itself ratione temporis not competent
to hear such claims.
The UN Human Rights Committee, although more
responsive to these questions in context with discrimination, may
only issue recommendations, which most countries, in particular the
Czech Republic, simply ignore. (cf. U.N. Communications: No.586/1994
Adam v Czech Republic,516/1992 Simunek v Czech Republic, No.857/1999,
Blazek v Czech Republic, No.747/1997, Des Fours Walderode v Czech
Republic, No. 945/2000 Marik v Czech Republic).
Unfortunately, the European Union likewise has not been very
cooperative in this issue. Despite numerous demands by NGO's to
resolve pending property claims in former communist countries before
the latter accede the European Union, the Union, especially the
European Commission rigorously refused to include this matter in the
accession negotiations and that although the Copenhagen Criteria
clearly demand that the rule of law must be respected.
It is quite apparent that there is something terribly wrong with the
present system; former totalitarian and abusive regimes fall outside
of the scope of the European Union's legislation as well as the
jurisdiction of European Court of Human Rights. There is a striking
absence of individual procedural capacity. This creates an
unacceptable climate of impunity, which must be amended as soon as
possible.
In this respect we refer to ILOG's EP-Petition, EPP-ED resolution
condemning totalitarian communism (available under
www.projusticia.net and
www.projusticia.net ) and our correspondence with the Office of the Commissioner for Human Rights.
Fortunately, the office of the Commissioner for Human Rights of the
Council of Europe has taken note of our suggestion regarding the
establishment of a competent forum. Due to the additional workload
the Council of Europe will surely a priori try to avoid adopting the
necessary measures, unless of course the public opinion compels them
to do otherwise.
Therefore, for the sake of Justice, it is important that we all,
victims, intellectuals and institutions determinedly demand the
establishment of a competent and independent tribunal, otherwise the
Judiciary will continue to disregard the victims.
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