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Date: Tue, 25 Jul 1995 19:59:13 -0700 (PDT)
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From: PeaceNet Balkans Desk 
Subject: Re: Tribunal via Internet - Action Alert -Forwarded
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From: PeaceNet Balkans Desk 
Subject: Re:  Tribunal via Internet - Action Alert -Forwarded

Dear Indira - IGC does have a gopher area devoted to war crimes in BiH
(go to  gopher://gopher.igc.apc.org/11/peace/yugo , then go to the war 
crimes directory).

In it are collected the Bulletins of the BiH War Crimes Commission. I've
wanted for a long time to supplement these with reports from other
sources, but the job has proven daunting for one person. 

The IGC gopher might be a natural place for the materials mentioned by 
Tom Warrick in your posting. I'll download your post, figure out the 
best way to make the IGC gopher available, and then I'll be in touch by 
private email. I hope we can make this go. Thanks for opening up the 
possibility.  - ed agro, facilitator, peacenet/IGC Balkans conferences

ps - Some of the BiH War Crimes Bulletins are still in need of 
translation from Bosnian/Serbocroatian to English. Anyone who wants to 
volunteer for this, please be in touch.
From OTVORENE-OCI_ST@ZAMIR-ZG.ztn.apc.org Wed Jul 26 01:21:46 1995
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From: OTVORENE-OCI_ST@ZAMIR-ZG.ztn.apc.org (Otvorene oci  )
Path: bionic.zerberus.de!zamir-zg.ztn.apc.org!OTVORENE-OCI_ST
Organization: Otvorene Oci
Subject: First eviction based on alleged "enemy activity"
Date: Tue, 25 Jul 1995 23:16:00 +0100
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FIRST EVICTION ON THE BASIS OF ALLEGED "ENEMY ACTIVITY"

(Split July 25th, 1995) On Monday, July 24th 1995, for the
first time in Croatia an administrative eviction was supposed
to be carried out of a family (Nenezic) that had been
convicted of "participation in enemy activity against the
Republic of Croatia". 

The lawyer representing the family used the very last legal
possibility to postpone the eviction for approximately one
more week. The president of the Municipal Court now has to set
a new date for the eviction.

The importance of this case lies in the fact that the outcome 
will set a precedent for an alleged 6000 other "enemy
activity" cases in Croatia, 600 of which are in Split alone. 
The lawyer representing the Nenezics took the case to the
Constitutional Court three months ago; the first time that
such a case was taken to the high court. So far no decision
has been taken.

According to article 102a of Croatian housing law, people
convicted of "enemy activity against the Republic of Croatia"
lose the right to their apartment.  The first such case to
reach the eviction stage is that of the Nenezic family.

Article 102a came into effect on April 19th, 1992.  As the
article has not yet been extensively applied, judges are able
to interpret it as they wish, and, as the Nenezic case shows,
it is possible to interpret it in a very broad way.  

Mr. and Mrs. Nenezic left Croatia in March of 1992 and are
currently residing in Montenegro.  Their daughter, Nada
Spanovic, her husband Zeljko, and their two children have been
living in the apartment for over 15 years.  In correspondance
with their daughter, Mr. and Mrs. Nenezic have indicated their
desire to return to Croatia. However, based on the Municipal
Court decision (Opcinski Sud, Split, Sept 7, 1994) the Nenezic
family has been found guilty of "enemy activity". The result
of this is that not only the Nenezics but also the Spanovics
lose the right to their apartment.  The lawyer representing
the family filed an appeal which was denied by the County
Court (Zupanijski Sud; Dec 21, 1994) and the case was
subsequently taken to the Constitutional Court.  

The decision of the Municipal Court stated that the fact that
the Nenezics did not return to Croatia is enough to be
considered as enemy activity.  "[The defendents].....continued
to live in another state which only means that the defendents
do not accept this state or its politics".  The Municipal
Court states that the Nenezics left Croatia when they could
have stayed in Croatia, that the Nenezics received medical
treatment in Belgrade which they could have received in
Croatia, that they heve accepted humanitarian aid in
Montenegro and that they allegedly have arranged their
pensions and refugee status in Montenegro. These arguments
were the basis used to convict the Nenezic family of "enemy
activity".

Human rights activists in Split consider this conviction as a
dangerous precedent. The Croatian human rights community will
ask the Constitutional Court to postpone the eviction until it
makes a decision in this case.  Mrs. Spanovic herself
contacted the Constitutional Court on Monday afternoon and the
chief secretary made clear to her that the court would not
take a decision this week. If the Constitutional Court does
not act, the eviction will be carried out the beginning of
next week.

The importance of the case was accentuated by precautions
taken by the Split Military Housing Commission - of which
currently previous Croatian 4th Brigade army soldiers (also
evictors) are now members - to assure that the eviction would
be carried out.  The eviction was to be carried out at 8.30 am
and already at 6.30 am soldiers of the 4th Brigade of the
Croatian Army were present at the entrances to the building
where the Spanovics live.  The human rights activists were
denied access to the building and so were unable, as is their
custom, to be present inside the apartment.

Present at the scene of the eviction were human rights
activists of the Dalmatian Committee of Solidarity, the
Dalmatian Committee for Human Rights, the Croatian Helsinki
Committee and the Osijek Centre for Peace, Non-violence and
Human Rights, a journalist from the Split weekly Feral
Tribune, members of the 4th military brigade and the couple
who have been promised the apartment after the eviction. The
eviction team of the housing authorities was let into the
apartment. The monitors of Otvorene Oci and members of the
Dutch peace group Tilburg Za Mir however, did manage to enter
the apartment. Later they were forced by the Military Police
to leave the apartment.

The situation was tense outside of the building. At the
entrance to the building soldiers took photographs of the
activists and when one activist wanted to take photographs of
the soldiers the camera was hit out of her hands. A 4th
Brigade member took the journalist's tape recorder, kept the
tape and afterwards was pressured by others to return it. From
above two water `bombs' were thrown at the activists waiting
outside. 

The events of the following week will likely determine the
fate of many other families involved in "enemy activity" cases
in Croatia. ## CrossPoint v3.02 ##