Statement by the Justice and Peace Commission of the Croatian Conference of Bishops
On the decision by the Government of the Republic of Croatia to revise the Law on Judicial Cooperation with the Member Countries of the EU after all the member countries had signed the Treaty of Croatia's Accession
Croatian citizens were recently informed of a decision by the Government of the Republic of Croatia to initiate an amendment to the Law on Judicial Cooperation with Member Countries of the European Union, particularly the section proposing limiting application of the European Arrest Warrant solely to crimes committed after August 2002. It should be recalled that the European Arrest Warrant is a mechanism that was undertaken during the negotiations concerning Chapter 23, which until the last moment was the most important political criterion for us and, indeed, compliance with the European Arrest Warrant is also stipulated by the Constitution of the Republic of Croatia (Article 9).
We cannot help feeling that all of this is due to amnesty for crimes committed by the Yugoslav secret police during the communist era. It is known that the German court indicted a senior official of the former state security service for the murder of Stjepan Đureković in 1983 on the territory of the former Federal Republic of Germany, who would have been the first to be extradited to the German court after the accession of the Republic of Croatia to the European Union.
We are surprised by the fact that the Republic of Croatia embarked on this without consultation with the EU. We appeal to the Government of the Republic of Croatia to withdraw the controversial proposed law, so that Croatia does not enter the European Union under the suspicion and stigma of a protector of the ideological crimes from the communist era but as a credible partner. However, although it is hoped that the Government of the Republic of Croatia will be prudent and withdraw the controversial law, there remains a bitter taste due to the realization that the democratically elected government is prepared to protect the crimes of the undemocratic totalitarian system, which in Europe with the fall of the “wall” experienced a political, moral and civilizational collapse. Therefore, the European Union as a community of anti-totalitarian countries promotes democratic values, including the rule of law and the prosecution of all those who committed crimes in all three totalitarian systems in the recent history of Europe: fascism, Nazism and communism.
The case of Josip Perković, therefore, has far-reaching implications. Respecting the presumption of the innocence of every person, the Commission can only conclude that this case has become a paradigm of the situation in Croatian politics and society.
We had hoped and expected that during this final phase prior to accession, the Government of the Republic of Croatia and the EU would be discussing tourism potentials, the development of agriculture, which, according to EU estimates could feed 20 million inhabitants of Europe, and money from funds that will strengthen Croatian science and higher education, the only real strength that the Croatian society can develop. Instead, the Government of the Republic of Croatia, just prior to the accession of Croatia into the European Union, without the knowledge of the EU, devised a way to protect crimes from the communist era.
It is also truly sad that in terms of political mentality, the Croatian authorities are not ready to enter the European Union. The authorities did not participate in the negotiations, which were difficult and demanding, in which it was of utmost important to remain credible. Moreover, during the past year on several occasions it was evident that the Government does not know what was agreed upon by the Treaty of Accession to the European Union. It was derogated several times with a variety of titles, including an attempt to change the Police Act and the misunderstanding of the special legislative framework by which the Treaty of Accession is a specific legislative framework that prevents politicians from being members of supervisory boards, the clumsy revival of the question of the Ljubljanska banka, unprovoked opening of the issue of the border with Bosnia and Herzegovina, not to mention others. In addition, the activities and statements by our politicians clearly show that they do not differentiate between the obligation to help neighbors to enable them to enter the European Union as soon as possible, now, within the framework of the common foreign policy of the European Union, from that which is called regional and in this case neo-Yugoslav politics, which only seek a new form and variant.
The damage has already been done.
Nonetheless, the Croatian Government, if it concentrates on the European Union and development of Croatia, can still repair the image of Croatia and become legitimate as a democratic government that does not cheat its partners, conceal crimes or protect criminals, whoever they may be. It should be borne in mind that a crime is a crime and people killed after World War II by the communist regime are not “less dead” than those killed during World War II by the Ustasha regime. Such an anti-totalitarian attitude must be part of our identity in the free world.
We hope that the accession of the Republic of Croatia to the European Union will promote the final rejection of all totalitarianism, especially the criminal communist legacy in our Croatian society.
We urge all our citizens who are religious to pray for our Homeland!
In Zagreb, June 26, 2013
Msgr. Vlado Košić, Ph.D.
President of the Justice and Peace Commission of the Croatian Conference of Bishops