Property Restitution in Central and Eastern Europe: the State of Affairs for American Claimants
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PROPERTY RESTITUTION IN CENTRAL AND EASTERN EUROPE: THE STATE OF AFFAIRS FOR AMERICAN CLAIMANTS HEARING BEFORE THE COMMISSION ON SECURITY AND COOPERATION IN EUROPE ONE HUNDRED SEVENTH CONGRESS SECOND SESSION JULY 16, 2002 Printed for the use of the Commission on Security and Cooperation in Europe [CSCE 10727] Available via the World Wide Web: http://www.csce.gov U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 2003 84901.PDF For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: (202) 5121800 Fax: (202) 5122250 Mail Stop SSOP, Washington, DC 204020001 COMMISSION ON SECURITY AND COOPERATION IN EUROPE LEGISLATIVE BRANCH COMMISSIONERS HOUSE SENATE CHRISTOPHER H. SMITH, New Jersey BEN NIGHTHORSE CAMPBELL, Colorado Co-Chairman Chairman FRANK R. WOLF, Virginia KAY BAILEY HUTCHISON, Texas JOSEPH R. PITTS, Pennsylvania SAM BROWNBACK, Kansas ZACH WAMP, Tennessee GORDON H. SMITH, Oregon ROBERT B. ADERHOLT, Alabama GEORGE V. VOINOVICH, Ohio STENY H. HOYER, Maryland CHRISTOPHER J. DODD, Connecticut BENJAMIN L. CARDIN, Maryland BOB GRAHAM, Florida LOUISE MCINTOSH SLAUGHTER, New York RUSSELL D. FEINGOLD, Wisconsin ALCEE L. HASTINGS, Florida HILLARY RODHAM CLINTON, New York EXECUTIVE BRANCH COMMISSIONERS LORNE W. CRANER, Department of State JACK DYER CROUCH II, Department of Defense WILLIAM HENRY LASH III, Department of Commerce (ii) PROPERTY RESTITUTION IN CENTRAL AND EASTERN EUROPE: THE STATE OF AFFAIRS FOR AMERICAN CLAIMANTS TUESDAY, JULY 16, 2002 COMMISSIONERS PAGE Hon. Christopher H. Smith, Co-Chairman ..................................................... 1 Hon. Joseph R. Pitts, Commissioner ............................................................... 3 Hon. Benjamin L. Cardin, Commissioner ...................................................... 3 Hon. Joseph Crowley, Member of Congress .................................................... 5 Hon. Hillary Rodham Clinton, Commissioner ............................................. 11 WITNESSES Randolph M. Bell, Special Envoy for Holocaust Issues, U.S. Department of State ............................................................................ 7 Israel Singer, President, Conference on Jewish Material Claims against Germany and Co-Chairman, World Jewish Restitution Organization ............................................................................................. 23 Yehuda Evron, U.S. President, Holocaust Restitution Committee .............. 26 Mark Meyer, Chairman, Romanian-American Chamber of Commerce ...... 30 Olga Jonas, Secretary, Free Czechoslovakia Fund ....................................... 32 APPENDICES Prepared Statement of Hon. Ben Nighthorse Campbell, Chairman .......... 41 Prepared Statement of Hon. Hillary Rodham Clinton ................................ 42 Prepared Statement of Hon. Steny H. Hoyer, Ranking Member ................. 44 Prepared Statement of Hon. Benjamin L. Cardin ....................................... 45 Prepared Statement of Hon. Gary L. Ackerman, Member of Congress ...... 47 Materials Submitted by Randolph Bell: Prepared Statement of Randolph M. Bell ............................................. 49 Summary of Property Restitution in Central and Eastern Europe ..... 53 Questions Submitted for the Record to Randolph M. Bell ................... 66 Materials Submitted by Israel Singer: Prepared Statement of Israel Singer, .................................................... 70 Letter to Secretary of State Warren M. Christopher, from Members of Congress, April 10, 1995 .................................................... 81 World Jewish Congress Policy Dispatches No. 72, October 2001......... 82 Prepared Statement of Yehuda Evron .......................................................... 97 Prepared Statement of Mark Meyer ........................................................... 101 Materials Submitted by Olga Jonas: Prepared Statement of Olga Jonas ...................................................... 111 Proclamation ......................................................................................... 115 Other Materials Submitted for the Record Letter to His Excellency Aleksandr Kwasniewski, President, Republic of Poland, from Members of the Helsinki Commission, dated July 18, 2002 .............................................................................. 118 Republic of Lithuanias Property Restitution, 2002, by Gaila E. Klimas, President, International Democracy Action Council ............ 120 The Property Restitution Process in Macedonia, by the Association for Restitution of Private Property in Macedonia .......... 123 (iii) APPENDICES (CONTINUED) PAGE Restitution of Church and Communal Properties of the Hungarian Minority in Romania: Not Completed Yet, by the Hungarian Human Rights Foundation ................................................................................ 126 State of Property Restitution for American Claimants in Romania, by the Committee for Private Property ............................................... 132 Restitution of Private Forest Lands Stolen by Communist Regimes in Romania, by Ioan Caton Paltineanu, President, Paltin International, Inc. ................................................................................ 134 Written Statement of American Owners of Property in Slovenia ..... 136 (iv) PROPERTY RESTITUTION IN CENTRAL AND EASTERN EUROPE: THE STATE OF AFFAIRS FOR AMERICAN CLAIMANTS JULY 16, 2002 COMMISSION ON SECURITY AND COOPERATION IN EUROPE WASHINGTON, DC The Commission met in Room 334, Cannon House Office Building, Washington, DC, at 2:00 p.m., Hon. Christopher H. Smith, Co-Chair- man, presiding. Commissioners present: Hon. Christopher H. Smith, Co-Chairman; Hon. Hillary Rodham Clinton; Hon. Benjamin L. Cardin; and Hon. Joseph R. Pitts. Other Members present: Hon. Joseph Crowley. Witnesses present: Randolph M. Bell, Special Envoy for Holocaust Issues, U.S. Department of State; Yehuda Evron, U.S. President, Holo- caust Restitution Committee; Olga Jonas, Secretary, Free Czechoslova- kia Fund; Mark Meyer, Esq., Chairman, Romanian-American Cham- ber of Commerce; Israel Singer, President, Conference on Jewish Material Claims Against Germany and Co-Chairman, World Jewish Restitution Organization. HON. CHRISTOPHER H. SMITH, CO-CHAIRMAN, COMMISSION ON SECURITY AND COOPERATION IN EUROPE Mr. SMITH. The hearing will come to order. I want to welcome our very distinguished panelists who are here today. We will do a more proper introduction momentarily. During and after the Second World War, millions of people fled Cen- tral and Eastern Europe to escape Nazism and Communist persecu- tion. Most of them lost everything they and their families had and had built over generations including homes, businesses and artwork. In addition, totalitarian regimes seized tens of thousands of communal properties from religious and ethnic communities. For more than a decade now, post-Communist countries in Central and Eastern Europe have struggled with the question of how to re- dress these wrongful confiscations of property. Since the early 1990s, the Helsinki Commission has monitored the property restitution and compensation efforts of post-Communist governments. I have person- ally raised concerns with officials of many countries regarding the need for nondiscriminatory laws that are faithfully implemented. Todays meeting is the third Helsinki Commission hearing to exam- ine these issues. 2 Central and Eastern European governments have done much regard- ing property restitution that is commendable. In particular, the return of communal properties to Jewish communities decimated during World War II have been undertaken to some extent in every country. Catho- lics and other religious congregations in the region have also been able to regain some of what they lost under atheistic Communist regimes. Many countries have also passed laws to govern the return of properties to individuals, which is no small achievement. Nonetheless, the Helsinki Commission continues to receive a steady stream of letters from individuals and organized groups pleading for assistance in their struggles to recover expropriated properties. The common thread in these letters is that, despite the laws enacted and the positive efforts made, these governments cannot bring themselves to part with most of the loot stolen by undemocratic predecessors. Governments seeking membership in Western institutions want to be perceived as reform governments by passing private property resti- tution laws, or by touting their efforts to return communal properties. Upon closer examination, however, one finds lackluster the implemen- tation of the laws, or exceptions to restitution which severely limit the properties that can be returned, or bureaucratic hurdles that govern- ments lodge before every person who actually makes a claim. Restitution laws are specifically undermined through discriminatory citizenship requirements, which often deny restitution or compensation to individuals who left the country under previous regimes. This has been the problem in Lithuania and Croatia, but is most stark in the Czech Republic where the citizenship requirement for restitution dis- criminates almost exclusively against individuals who lost their Czech citizenship because they chose the United States as their refuge from communism as opposed to any other country. The bilateral treaty that led to this loss of citizenship has not been enforced in the United States since the 1960s. Nevertheless, the Czech Republic