Croatian National Ethics Tribunal In The Making

dr. Zvonimir Separovic

dr. Zvonimir Separovic

In this era we live in, it has become more and more unsettling in a democracy to watch politicians in government or power turning a deaf ear and a blind eye to the plights of their constituents (citizens) to protect and improve the interests of the people, the nation. Cries of helplessness ring at every corner, in every crevice of the developed as well as of the undeveloped nations. The ethics in activities of those in power that affect the citizens’ and the nation’s very lives and livelihood have become to resemble a kind of a “fly-by-night” phenomenon and, yet, they are crucial to the preservation or destruction, if unchecked, of humanity and prosperity.

It goes without saying that the government and society can no longer promote and enforce ethical behaviour solely through the utilisation of ethical codes of conduct or through the promulgation of a plethora of legislation. Something new is required – a measure that will at least serve as a deterrent for unethical behaviour which imposes irreparable or profound damage to national interests.

A group of citizens of Croatia has decided to establish the Croatian National Ethics Tribunal, which will not have behind it the force of the police or the State court system. It will, though, have the force of ethical arguments and public “finger pointing” at those who have inflicted damage upon Croatian interests and who have worked against Croatian independence and have betrayed Croatia in relation to its fight against Serb aggression.

As dr. Zvonimir Separovic, recently said at the launch of his book “The Croatian Claim” (Hrvatska Tužba) – pertaining to Croatian lawsuit against Serbia for genocide that was recently heard at the ICJ in The Hague – “Pantovcak (The Office of the President of Croatia) is a larger Serbian branch than the Embassy of Serbia in Zagreb, itself!” This statement needs no explanation, no corroboration – for it is the political truth that is bringing multitudes to their knees.

And so we are at the dawn of a new era in Croatia. A new era that will see a public Tribunal (Croatian National Ethics Tribunal) pave the way of standing firmly and loudly against the betrayers of Croatian national interests.

Proposal for the establishment of the Croatian National Ethics Tribunal

POSTULATES:

Croatia is in a deep political, moral and general crisis. The group of politicians in government does not manage the country with Croatian national interests at the helm. Betrayal of national interests is at work. It is time to establish a national ethical court that would bring judgments against individuals for betrayal of the country (treason).

We can find examples in Ancient Rome where individual citizens could raise a national claim (Actio popularis) against those who had acted contrary to public interests. In the last century we come across the Russell, and later the Sartre’s international tribunal that brought judgments against the U.S.A. for the war in Vietnam and later against Israel for the discrimination against the Palestinians in the occupied West Bank and East Jerusalem. At the instigation of Archbishop Desmond Tutu, Nelson Mandela formed Commissions for Truth and Reconciliation at which informal judgments were delivered in South Africa – this was a form of lustration and a small number of individuals did consequently end up in official courts.

Different to the examples above, the Croatian case would mount a national ethics tribunal that would judge upon the responsibility for public actions when it’s assessed that the same constitute a betrayal of national interests.

National interest is defined as the aim a State has in the areas of economy, military or culture, but it can apply to wider areas as every interest that is of vital importance for the survival and prosperity of the people and the State.

Members of the Tribunal would be prominent individuals of moral integrity, professionalism and reputation, prominent personalities from public life. Judgments would be based on known ethical principles. The judgment is only moral in nature. Judgments would only be made in cases of severe breaches of ethical principles in public activities.

THE FIRST PREPARATORY MEETING

The Preparatory meeting with view to founding the Tribunal was held on 24 April 2014 and initiated by the Croatian Victimology Society. Those present included Prof. dr. Andrija Hebrang, Zeljko Olujic – prominent lawyer, dr. Nikola Debelic, prof.dr. Danko Milosevic, dr.Srecko Sladoljev, prof. Nevenka Nekic. Ante Beljo, Miljenko Romic – academic artist, Zdravko Vladanovic – lawyer, Rozalija Bartolic – the Association of Homeland Widows, Negzana Pavicic from Skabrnje, dr.med. Aleksandar Soltysik, and the meeting was chaired by dr. Zvonimir Separovic – the President of the Croatian Victimology Society. Apologies with support for the Tribunal were recorded from prof. dr. Zeljko Horvatic, Marko Franovic – Sydney, Australija, Ante Glibota – Paris, France , prof. dr. Josip Faricic – Zadar, prof. dr. Hrvoje Mazija, Zvonimir Hodak – lawyer, prof. dr. Branimir Luksic – Split, Vlado Iljkic – Headquarters for the Defence of Croatian Vukovar, Croatian Army general Tomo Medved, academic Slobodan Novak, prof. Josip Jurcevic – historian and politician, Mate Kovacevic – publicist.

The meeting accepted and delivered the following conclusions:

1. The establishment of the Croatian National Ethics Tribunal (HNES) is justified, current and socially beneficial;
2. The Tribunal in its activities is independent of the State and Political parties, objective, legitimate and it does not deliver executive decisions;
3. Research for the Tribunal’s use is undertaken by committees or by individuals appointed by the Tribunal;
4. The Tribunal proceedings are open to the public, Tribunal’s decisions are published to the public;
5. The person who is the subject of an investigation or a claim will be notified about the sitting of the Tribunal at which the hearing will take place, and they have the right of presence at the hearing;
6. The Tribunal’s Founding Assembly to be held by the end of May 2014 and other potential members of the Tribunal shall be invited to it;
7. The Organising Committee – Zvonimir Separović, Zeljko Olujic and Zdravko Vladanovic will prepare the draft of the Program Declaration and other essential documents for the Founding Assembly. ( Source of details regarding the founding process of the Tribunal: Dr. Zvonimir Separovic)
Ina Vukic, Prof. (Zgb); B.A., M.A.Ps. (Syd)

Croatia: Political Parties, Corruption And Deadly Ricochet

Are the scales of justice in Croatia still red?

Are the scales of justice in Croatia still red?

Former Croatian prime minister dr Ivo Sanader and his former political party (Croatian Democratic Union/HDZ) were found guilty on Tuesday 11 March in a Zagreb court of rigging public tenders and abusing and siphoning off state funds in the biggest corruption trial to date in Croatia. The trial had lasted over two years and, in the sense of demonstrating that Croatia was serious about fighting corruption, it certainly pumped positive strides in Croatia’s accession into EU membership in July 2013.
The Zagreb county court gave Sanader, already sentenced to 10 years’ jail in another corruption trial in 2012, a new nine-year sentence. The HDZ, now in opposition, was ordered to pay back about 29 million kuna ($5.26 million).
Reading her verdict, Judge Ivana Calic said Sanader and four other people had conspired to secure illegal funding for the HDZ from public firms from 2003 to 2009, when Sanader quit the government without explanation.
He was later expelled from the party and fled the country but was arrested in Austria and sent home for trial.
The judge said he had used his authority to mastermind a scheme to divert money from public firms to make illegal financial gains both for the party and for himself.
They were elected to enforce the law, not to break it,” judge Ivana Calic said in her judgment and by pronouncing that HDZ as political party was guilty of corruption she pointed a finger at each and every single person of a 200,000 HDZ membership establishment!
How extraordinary!
Legal professionals in Croatia say that the case against HDZ has no base in law, if it had that would mean only one thing “literally, that would effectuate an attack against the state, the lawmakers have already made a distinction the moment they decided on and allowed a legal entity to be brought to an accused bench. Never in Europe since 1945 to today has there been such an attack against a political party, there are 5 criminal cases against Silvio Berlusconi (in Italy) but it has never crossed anyone’s mind to bring his political party to an accused bench – that would be an attack on democracy,” said for Croatian news Zeljko Olujic, a distinguished lawyer and a former State attorney of Croatia.
Tomislav Karamarko, president of HDZ, commented on this judgment saying: “Never, not ever will we accept a collective guilt or responsibility. The individuals who had committed crimes must carry the responsibility for that. No one can call all the members of the party guilty,  HDZ members are innocent people…”. Karamarko was adamant that what this court process against individuals that attached HDZ as an accused party to the proceedings is nothing more than demonisation of HDZ by the Social Democratic Party (SDP), which holds power in government and which ha never distanced itself from the communist party.
Sanader and HDZ officials both say they will appeal the verdict.

Backtracking a bit, the corruption charges leveled against Sanader and a handful of other HDZ officials were a key factor in HDZ’s loss of government in December 2011 general elections. However, under the new leader, Tomislav Karamarko, HDZ has worked hard to distance the party from the individuals being tried for corruption, clear the party’s name and to avoid a potentially disastrous consequence in which every single member of the HDZ would be tarnished with the paint of corruption despite his/her innocence.

New EU Parliament elections are due in May this year and these verdicts of corruption are likely to go against HDZ’s candidates unless what Karamarko believes will happen, actually happens: HDZ membership will actually grow stronger, become more united than ever and grow in number because that would seem to be a realistic expectation from someone wrongly accused and wrongly convicted.  Indeed, it is ludicrous to even imagine that 200,000 innocent people, proud members of HDZ movement that created the democratic and independent Croatia, will idly sit by and not fight back. It is ludicrous that the HDZ that created this modern Croatia will sit back and allow itself to be totally obliterated by the party SDP (formerly known as the League of Croatian Communists), which walked out of Croatia’s parliament in protest when voting for independent Croatia (secession from former communist Yugoslavia) was held in June 1991.  This, of course, is not to say that all guilty individuals from HDZ who are proven to have committed acts of corruption should not be punished.

At first sight the convictions against Sanader and his HDZ colleagues might seem to be a godsend for the current centre-left coalition headed by the Social Democratic Party (SDP), and if the joinder of HDZ as party to these proceedings was politically arranged and plotted, then SDP will be gasping for mercy!

For there is no doubt in my mind that somewhere in this case, when under the SDP government HDZ was joined as a party in the court case against Sanader and four other persons, stands the evil plot to further the communist’s cause to degrade and criminalise the democracy Franjo Tudjman started with HDZ in 1989.

SDP has been struggling to turn around the Croatian economy that has been in recession since 2009 and whose evident incompetence has brought the country on its knees with almost 400,000 unemployed  (in the country of 4.3 million total population) under a veil of suspect and corrupt allegations in privatisation, almost 80,000 working but without receiving a wage – the incompetence list grows longer every day.

SDP has not been spared from corruption scandals over the past two years since they have been in government, which scandals truly call into question its own political and otherwise ethics. To name only two examples: mass sackings of people and replacing them with the politically ideal ones who are loyal to SDP and Marina Lovric Merzel, the SDP prefect of the Sisak-Moslavina county in central Croatia, is currently under investigation by the anti-corruption police on the back of allegations that she has misused public funds to pay for private parties for her family and friends and to purchase expensive gifts for herself and political supporters…

The trial, which pronounced HDZ guilty of corruption – pending an Appeal – may indeed ricochet and serve to badly hurt SDP’s electoral chances in the upcoming European elections, as the disillusioned and disappointed Croatian electorate may act upon a conviction that the SDP is just as corrupt as the HDZ. The chances for untainted political parties not aligned, not in coalition with either HDZ or SDP, could, therefore, easily find a fruitful ground sooner than imagined. Ina Vukic, Prof. (Zgb); B.A., M.A.Ps. (Syd)

Croatia: Last-Ditch Efforts To Prevent Extradition For Communist Crimes

Josip Perkovic (L) Zdravko Mustac (R)

Josip Perkovic (L) Zdravko Mustac (R)

The District court in Zagreb ruled on Wednesday 8 January that the communist-era intelligence chief, Josip Perkovic, could be extradited to Germany where he is wanted over a killing of Croatian emigrant Stjepan Djurekovic in the 1980s.
On Thursday 9 January the District court in Velika Gorica (near Zagreb airport) ruled that the second ex-communist secret service chief, Zdravko Mustac, couldn’t be extradited to Germany (wanted for the same crime as Perkovic) because of Statute of Limitations.

Some 15 Km apart, two courts in Croatia, rule in opposite directions – on the same crime of murder that occurred in Germany in 1983!

You may well ask: how on Earth can this be possible?
Aren’t all courts in the country supposed to rule in similar ways on the same cases, under the same laws? You’d think so. But, we are dealing here with what seem to be last-ditch efforts by lawyers defending Josip Perkovic to prevent his extradition to Germany to face the German courts on what is classified as a “communist crime” or political assassination of persons by the ex-Yugoslav communist regime.

So, since last Wednesday, Perkovic’s lawyer Ante Nobilo (whose law office also defends Mustac!) has been working frantically, trying to make a case against extradition court decision, pending an appeal. He went on saying how Statute of Limitations or related laws had changed a number of times since 1983 and that his client has the right to chose the one that suits him best. I.e., chose the one under which Statute of Limitations in Croatia precludes his client from being extradited.  Nobilo expressed the view that Perkovic would not receive a just trial in Germany, which is ludicrous! Yesterday, 14 January, Nobilo stated that he has received a statement from Vinko Sindicic (a Yugoslav communist secret police operative convicted in the UK to 15 years prison for attempted assassination of Croat émigré Nikola Stedul in 1988 in Scotland and whose name has also been associated with the murder in Germany of Croat family Sevo) in which he says that he had lied (committed perjury) in the German court which convicted Krunoslav Prates in relation to the murder of the same Stjepan Djurekovic, Perkovic and Mustac are sought for by German court – how miraculously convenient!

To make matters worse for those yearning for justice for victims of communist crimes, the Croatian State Attorney Office has now shown its full colours: it too wants to stifle the extradition to Germany.
Yesterday, 14 January Croatia’s Office of State Attorney, as party to these two cases in Croatian courts, has filed an appeal NOT against the decision made by the court in Velika Gorica against extradition of Mustac BUT against the Zagreb court decision to extradite Perkovic! This has enraged many in Croatia as it’s seen as yet another ploy to defer or prevent processes dealing with communist crimes. Some say that the Croatian State Attorney is on the path to open a whole new trial in Croatia in the case of the murder of Djurekovic in 1983 in Germany! If this is true then the State Attorney, Mladen Bajic, is handing out an indictment of bad and rotten practices against German courts and German judiciary (?).

Some say that Germany as country seeking extradition should file an appeal, while Zeljko Olujic, a well known lawyer and former State Attorney in Croatia, sees the moves by the Croatian Office of State Attorney as attempts to save Perkovic and Mustac from accountability for acts they committed in the former communist Yugoslavia. “That is the opinion of the State Attorney who currently finds himself in times of re-elections and who exclusively flirts with politics, which is scandalous. This what’s happening in Croatia is the twilight of the legal system and the rule of law in the state,” said Olujic for Croatian TV news.

So, to say matters simply, one would have expected the Office of State Attorney to take a different path in ensuring that both District courts delivering on the same case, but different defendants, make similar or same judgments regarding extradition. After all what kind of a country can Croatia be when courts can interpret a simple matter such as Statute of Limitations for murder in such conflicting ways! Only a country which is failing scandalously in transitioning from communism into democracy and only a country that has as its State Attorney a person with heavy political leanings when there should be none – I’d say! The Office State Attorney by appealing one of the court decisions, the one to do with Perkovic’s extradition rather than appealing the other, the one of Mustac’s non-extradition, has clearly taken sides. The side it has taken – not to extradite Perkovic – seems to me to be an attack on judiciary, an attack on democracy, an attack on the people and victims of communist crimes to whom these cases under Germany’s arrest warrant mean a great deal.

A spark of good hope in these matters, though, is that the family of Stjepan Djurekovic has, according to Croatian HRT TV news, filed an appeal against the court decision in Velika Gorica and seek Mustac’s extradition or that all courts dealing with the issue of extradition rule similarly. Whether the court will accept their appeal is yet to be seen given that they were not a party to the proceedings.

After all these appeals in lower courts are exhausted we may yet be pleasantly surprised because the Supreme court in Croatia will be the step in this process that will deliver the final ruling on extradition of Perkovic and Mustac and it will need to rule on equal ground in both cases. We may yet celebrate the extradition of Perkovic and Mustac to Germany. But then again, we may be in for an even bumpier and a more torturous path for dealing with communist crimes in Croatia. Ina Vukic, Prof. (Zgb); B.A., M.A.Ps. (Syd)

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