Illegal evictions and attempted illegal evictions of people living in former JNA (Yugoslav People's Army) apartments have been a matter of concern for local human rights activists since 1992. Recorded case details of human rights activists have shown that in the majority of these cases, the evictions or attempts to evict people, are carried out in a violent manner and directed towards women.In 1991, Croatia signed an agreement with the JNA, while it was withdrawing from Croatia, that the ownership of those apartments would be transferred to the Croatian Ministry of Defence. The agreement stated that those who stayed, or whose families decided to stay, would be able to keep their homes in accordance with Croatian Housing laws. Most who left were officers, whereas many who stayed were retired people, those who considered Croatia to be their home or families of the officers. The Ministry of Defence quickly faced a crisis after promises of an apartment were made to soldiers (in return for their service in the Croatian Army), there were no more apartments. This has resulted in the not uncommon sight of Croatian soldiers appearing at the door of an apartment and evicting, or attempting to evict, the inhabitants. These soldiers claim they have an entitlement to the apartment in question.
These illegal acts have been carried out by members of the Croatian army, the military police and more recently members of HVIDRA (The association of Croatian war invalids in the war for the homeland). It is common that up to 10 soldiers will arrive at an apartment and try to evict a family. These soldiers are always in uniform and usually armed. Access is gained to apartments either by impersonating a member of the Military Housing Commission or by force.
Once inside the apartment the soldiers physically and verbally harrass the women inside. In the case of Mrs. S.P. soldiers entered her apartment and immediately began to throw her belongings out into the hallway. When she tried to intervene the soldiers threw her against the wall and called her a "Cetnik whore". All of this in the presence of her young son. In another case, a soldier entered the apartment of Mrs. Z.M. with 3 hand grenades strapped to his waist and ordered her and her sister to get out before he blew them all "sky high". When soldiers tried to evict Mrs. N.S. from her apartment they threatened to rape her daughter and then to kill her if she did not leave. Faced with this physical and verbal violence, many women choose to leave their apartments rather than live in fear.
In other cases, women are not illegally evicted from their apartments, but rather court proceedings are starting against them. These proceedings are based on article 99 of the Housing Law (not using the apartment for a period of 6 months or more) or article 102a of the Housing Law (enemy activity). Where a case of 102a is brought against the women, it is usually with regard to their husband (or ex-husband) who is no longer in Croatia.
The case of Mrs. J.R. highlights what many women are experiencing. Her husband was a member of the JNA and left in 1992. She has not lived with him since before that time and has been divorced from him since the end of 1992. The apartment rights were transferred to her name in 1993. The Republic of Croatia brought charges against her husband, in accordance with article 102a. She has subsequently lost the rights to the apartment and although she is still inside the apartment, she lives in fear. Soldiers come to her door at least once a week shouting threats and trying to kick the door down. She is afraid to leave the apartment for the fear that when she returns they will be inside. A similar story can be heard from Mrs. M.G., her husband left in 1992 and she has no contact with him. She also receives visits from soldiers, threatening her and trying to break into her apartment.
In other cases, where women are evicted and they begin court proceedings against the evictor. If they win, the Republic of Croatia brings charges against them of "enemy activity". Mrs. M.S. was violently evicted in 1994 by a member of the military police. Mrs. M.S. was out when the member of the military police broke into her apartment, when she tried to return he threatened to kill her. Mrs. M.S. has the legal rights to the apartment and started court proceedings against him. In 1995 she won her court case, however the Republic of Croatia then brought charges of "enemy activity" against her, by virtue of correspondance with her husband who is in Belgrade. Today, Mrs. M.S. and her children still have not returned to their apartment and rely on the humanitarian aid of the local human rights organisation DOS (Dalmatian Solidarity Committee) to support them.
Local human rights activists express concern at the seemingly lack of response by the authorities with regard to such incidents. Women report that when they complain to the police, who are present and have witnessed threats, they claim to have heard and seen nothing. Mrs. S.P. asked the police to intervene when the soldier pushed her against the wall, the police response was that they had not seen anything happen. When Mrs. K.D. tried to prevent members of the Ministy of Defence Housing Commission throwing her belongings onto the street, she was thrown to the ground twice, striking her head on the concrete, and then dragged away. Military police were present but made no attempts to intervene. Other women also report incidents where the military police do not intervene in cases of violence. In another incident, Ms. T.P visited the offices of the Ministry of Defence Housing Sub-Committee in Split to make enquiries. During her meeting, the head of the Sub-Commission, a military officer, used violence to remove her from his office. This was in the presence of 5 other uniformed men. She reports how she was grabbed by the hair and with full force slammed against the door. Ms. T.P. reported this incident to the military prosecutors office in Split. These accusations have been publicly denied by the head of the Sub-Commission.
Local human rights activists continue to voice their concern with regard to incidents like this and the amount of violence used against women, especially in the presence of the military police. They draw attention to the Code of Conduct for Law Enforcement Officials (adopted by the United Nations Genaral Asembly, 17 December 1979) UN GA Resolution 34/169. Article 1 states that "Law enforcement officials shall at all times fulfill the duty imposed upon them by law, by serving the community and by protecting all persons against illegal acts". Furthermore, the guidelines for the effective implementation of this code of conduct (1989/61) states under General Principle 3 that, "The code shall be made applicable to all law enforcement officials, regardless of their jurisdiction".
While human rights activists acknowledge that these acts are not just carried out against women, they are concerned that in correlation with the number of reports they receive and the use of violence it is women who are overwhelmingly the victims of such incidents. Concern is high at the use of violence and the seemingly lack of response by the authorities. They also express concern about the frequency of such incidents and that despite appeals by the various groups no postive action has been taken to prevent such incidents. Organisations like HVIDRA contend that they are the victims of war. Local human rights activists see women as the victims, but since they did not serve in the Croatian Army, they have no entitlements.
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