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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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Dear Madam, Dear Sir,
On 10 February 1947 Italy, together with the Allied Forces winners of the Second World War, had signed the Paris Peace Treaty, ratified by Law 2 August 1947 n. 811 and enforced on the 15-16 September 1947.
The aforementioned Peace Treaty was also signed by the ex Yugoslavia, no longer in existence and divided into various states.
By means of the aforementioned Peace Treaty, Italy had ceded to the ex Yugoslavia a part made up of territories acquired after World War I.
The Peace Treaty had foreseen, at Article 21, the Formation of the Free Territory of Trieste, resulting from the zones of occupation entrusted respectively to the military administration of Great Britain and the Unites States (called Zone A) and to the military administration of the ex Yugoslavia (called Zone B).
With the London Memorandum of 5 October 1954, Zone A was entrusted to the civil administration of Italy, while Zone B to the one on the ex Yugoslavia.
With the Osimo Accord of 1975, between Italy and Yugoslavia were defined the criteria of determination of the territorial boundaries of the two countries, the citizenship of the residents of the border areas and of various economic rights (settlements following expropriations or nationalizations, social security, etc.).
Because of the signing of the Peace Treaty, the Italian State, even through the promulgation of a long series of laws (those identified by the numbers 1064 of 1949, 590 of 1950, 1050 of 1954, 1325 of 1956, 269 of 1958, 1469 of 1962, 387 of 1963, 193 of 1968, 16 of 1980, 135 of 1985, 98 0f 1994 and 137 of 2001) has intervened in the matter recognizing an amount of money to correspond to the proprietary farm lands and not, to the real estate and businesses lost in the previously mentioned territories.
Such settlements, foreseen only in favor for those who – for specific conditions and within prefixed time limits – made a specific request, are totally inadequate and unsatisfactory with respect to the real market value of the real estate, of the farmland and not, of the businesses and of the damage that was incurred.
Today it is unanimously shared the requirement to come to an understanding, after over 60 years, to the payment of a fair and final reparation in favor of the thousands of Italians who, after the installation of the Tito regime, were deprived of all the goods and the undertakings that belonged to them in Istria, Fiume [Rijeka], Zara [Zadar] and Dalmatia.
It is well known the sequence of events which – by the killing of more than 10,000 Italians by throwing them into sink holes, the exodus of another 350,000 and the inhuman treatment to which they were subjected.
The Peace Treaty of 1947, the drafting by a mixed Italian-Yugoslavian commission of the list of the nationalized or confiscated goods from the residents who constituted the people noted above 350,000 refugees and to the Italian citizens not resident in the territories ceded to Yugoslavia, and to come to the numerous national dispositions (laws and, very much more often, plans and propositions of law that never reached their conclusion) – have shown that, notwithstanding 60 years have gone by and well over three generations of our co-nationals have followed, the wound is still open and their discomfort is total.
Well then, with the present petition it is intended to submit to the Italian Parliament a proposal of law entitled “Dispositions on the compensation owed to the citizens, Italian corporations and companies for goods, rights and interests lost in the territory of ex Yugoslavia”, with which, through the provisions of the multiplication of the recoupement recognized by Law number 135 of 1985 and by Law number 98 of 1994 for the single coefficient of fifty, it should come in favor of the allocation in favor of the refugees of a sum that finally comes closer to the real value of the goods in question and of the multiple requests of damage subject to the consequence of their loss.
It would naturally remain safe the ability of those that have the right to move for the restitution of their goods in the territory of the ex Yugoslavia, expecting that the foreseen repayment from the proposed law in question does not pre-judge their right of restitution.
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The whole text of the petition with the attached proposal of law to be submitted to the Italian Parliament is available at Studio Legal Carta.
Alexandra Mareschi
Giovanni Carta
Translated from the Italian into English by Edward Brumgnach, NYC 9/18/2008
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