RE: An Open Letter to the Croatian Reserve Officers Association of Split regarding the announcement of a criminal complaint against the Youth Initiative for Human Rights

Dear Mr. Buzdovačić, dear members of the Croatian Reserve Officers Association of Split,

We have seen in the media that you are announcing a criminal complaint against the Youth Initiative for Human Rights. In that respect, we wish to address you regarding two issues: (a) inaccurate and false allegations in your statement, and (b) potential legal implication of your action in this case.

First, we are not so-called human rights association, but a human rights association focused on democracy and reconciliation. We are registered as such in all mandatory registries of the Republic of Croatia. Our work is founded on the values of human rights. As the human rights organisation contributing to reconciliation, we have been recognised by many local and international institutions, including the European Commission, which stressed twice in the Enlargement Strategy that we were a relevant actor in the process of reconciliation between societies. Last year, we were one of the three finalists for the Vaclav Havel Prize of the Parliamentary Assembly of the Council of Europe. We cooperate regularly with local and international human rights mechanisms, and on a daily basis we strive to improve our society by protecting and promoting human rights.

Second, a detail from your press release is indicative, when you presented our statements in Serbian language, maybe because you are especially fond of it, maybe because you are getting informed through Serbian media, but maybe because you wanted to maliciously suggest that the initiative for the apology to the ‘Storm’ victims is conducted by Serbs. Whatever it is, feel free to continue; we understand both Serbian and Croatian, some of us even read Cyrillic – therefore, feel free to continue writing that way if you prefer it. We have no hatred for languages or alphabets or peoples. Quite the opposite, our very work is aimed at suppressing such hatred, at least among young people.

You say that: “Their action is reduced to repeating monstrous lies that NUMEROUS crimes were committed in the ‘Storm’ and that THE INNOCENT suffered!?” You add: “In this way they not only belittle Croatian soldiers and question the dignity of the Homeland War and the truth established before international courts, but they ultimately mock the common sense of the Croatian people and Croatian citizens.”

Numerous crimes were committed and the innocent did suffer in the ‘Storm’. You are making reference to the judgments of international courts, but with such an enormous ignorance that you are convinced that if no one was found guilty, it is a proof that the crimes were not committed. It does not work that way. Unless the crimes had been committed, unless they had been numerous and unless they had been committed by Croatian forces, there would not have been proceedings. And even when the judgment results in acquittal, it does not mean that the crime was not committed, but that the court did not manage to establish defendants’ guilt. It means that the crimes were committed. And it means that someone is guilty indeed.

You further say that “The only real truth is that in the Homeland War, during the Serbo-Chetnik aggression, burning, bombarding and other crimes, 15,000 Croatian soldiers were killed, as well as more than 8000 Croatian civilians, while more than 150,000 were expelled from their homes.” You are playing with numbers, making several mistakes or oversights while doing that. First, the civilians killed during the ‘Storm’ are Croatian civilians – citizens of the Republic of Croatia. If you refuse this fact, which arises from the Constitution of the Republic of Croatia and the decisions of the Constitutional Court, you are acting against the state. And you are doing this in the worst possible manner, by excluding a group of citizens based on their ethnic identity. There is a name for such attempts. You know it very well. 

Further, much more people were expelled from their homes. Some of us writing to you are among them. If you were dealing with these issues with any seriousness, and not for the reasons of cheap and obvious petty politics, you would care about every person, every family, every destiny which suffered because of exclusive and violent nationalism. You would see a person who suffered behind every number, and you would not talk nonsense.

You also say: “Let us mention the fact that this Youth Initiative is just another international Soros’ clique in Croatia. That Initiative is led by a Social Democratic Party member, Mario Mazić, from the surrounding of Sisak.” The Initiative and its members are not affiliated with any political parties nor are their members. Quite the opposite, we are a non-partisan organisation. Had you been the least serious and had you given some time to research before reacting publicly, you would have found out all of this. But it is easier to be uninformed and shallow instead of taking time and effort to research. Easier, but irresponsible. However, this is the question of your reputation and your conscience, so we will not go into this.

Next, you are announcing the filing of a criminal complaint against us: “For all the above, the Croatian Reserve Officers Association of Split will file a criminal complaint against the initiators of this initiative, for a series of criminal offences, including the spreading of fake and disturbing news as the least serious one.”

First, you are making slanderous allegations and that is a criminal offence. Second, you are potentially committing another criminal offence, the one under Article 325, para. 4 of the Croatian Criminal Law (public incitement to violence and hatred in terms of denial or gross trivialisation of the crimes of genocide, crime of aggression, crime against humanity or war crimes). Finally, you are at risk of committing the criminal offence of false reporting of the criminal offence under Article 305 of the Criminal Law.

A position you disagree with is not necessarily unlawful. However, imposing that idea by attempting to initiate criminal prosecution is. 

The laws are not a toy. Get serious.

Sincerely,

Youth Initiative for Human Rights – Croatia

PDF version of the letter in Croatian available at: Odgovor HCZ GS