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President of the European Union
Rue Wiertz
B-1047, Brussels
Belgium

Reference: Croatia’s application for membership to the European Union and article 17 of the E.U. Charter of Fundamental Rights

25 February 2005

Dear Mr. President:

I am writing to you on behalf of a group of Survivors of the Holocaust in Croatia with whom our organization is working to obtain financial compensation for their stolen properties in Croatia.

The names I am furnishing below represent just a small number of individuals who were born in Croatia before World War II and whose families were persecuted, murdered and had properties confiscated by the Croatian government for no other reason but that they were Jewish. The confiscation of their property by the Croatian government of 1941-1945 was part of a larger planned crime of genocide perpetrated against all Jews, Serbs and Romas under their rule.

The names of the first group of individuals on whose behalf we are writing are:

Eva Deutsch Costabel, ( - address given - )
Michael Danon, ( - address given - )
Leonard Danon, ( - address given - )
Otto Friedmann, ( - address given - )
George Bozo Radan, ( - address given - )
Ricki Danon Soltan, ( - address given - )

All of these individuals are naturalized American citizens and Holocaust Survivors. In some cases, these individuals hold dual Croatian and American citizenship. In other cases their birthright to Croatian citizenship has been denied by the current government of Croatia. All of the individuals named have been denied compensation for their property. The present government of Croatia is deliberately attempting to dispossess and deprive these and other victims of World War II Croatian crimes of genocide, and evade responsibility for such crimes prior to joining the European Union. In the process they are engaging in the most extreme forms of Holocaust denial.

The Croatian government has adamantly refused either to return the properties of the above named individuals or to compensate them in any way. Legislation passed by the Croatian government makes it virtually impossible for anyone to qualify for compensation. Talks with representatives of the United States on a bilateral agreement to compensate American citizens (but not their heirs) for their loss of property have been taking place for years without result. This agreement would, in any case, contradict the individual’s right to bequeath property, as guaranteed by the constitution of the European Union.

Article 17, of the European Charter of Fundamental Rights states that:

“The right to property is a traditional fundamental right in democratic and liberal societies. It is contained in all national constitutions and has been established by the jurisprudence of the Court of Justice.”

“Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired Possessions. No one may deprived of his or her possessions, except in the public interest and in the cases and under then conditions provided for by law, subject to fair compensations being paid in good time for their loss. ”

Croatia’s refusal to come to terms with its past crimes is in direct contravention of the laws and practices of the European Union. To allow Croatia entry in to the European Union without forcing it to resolve its longstanding disputes with its own Holocaust victims would constitute both an in insult and an injury to these victims as well as a travesty of immense proportions.

To allow Croatia’s entry under such conditions would inevitably harm and undermine the reputation and stature of the E.U., for these are claims that will never go away or be forgotten. They must be settled legally and it is yours and the European Union’s responsibility to recognize this beforehand. I feel certain you will agree.

I urge you to make the return of properties to the rightful owners without conditions a mandatory requirement for Croatia’s admission to the European Union. In doing so, Croatia will not only fulfill the requirements of the European Union constitution but it will also join the rest of the European community in closing this painful chapter of its history.

Sincerely,

(signed)

Barry Lituchy, National Coordinator Jasenovac Research Institute

cc.: U.S. Ambassador Edward B. O’Donnell, Jr.
cc.: D. Sprajic, Secretary General, Jewish Communities in Croatia
cc.: U.S. Senator Charles Schumer of New York
cc.: U.S. Senator Hilary Clinton of New York
cc.: U.S. Representative Anthony Weiner of New York
cc.: Claims Conference