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Application No. 26828/06 of 4 July 2006

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Application No. 26828/06 of 4 July 2006 EUROPEAN COURT OF HUMAN RIGHTS Council of Europe Strasbourg, France URGENT APPLICATION AND REQUEST FOR INTERIM MEASURES Filed on the basis of Article 34 of European Convention on Human Rights and Articles 39, 40, 41, 45 and 47 of the Rules of Court 1 Plaintiffs are represented and defended by: 1. Name and Surname of the representatives: LANA ANTON GIULIO SACCUCCI ANDREA BALLERINI ALESSANDRA VANO MARCO 2. The profession of the representatives: Advocates 3. The address of the representatives for the communications: Via Emilio de’ Cavalieri 11, 00198 – ROMA 4. Contacts: Studio Lana-Lagostena Bassi Via Emilio de’ Cavalieri, 11 – 00198 ROMA Tel.:+39 06 85300815 Fax: +39 06 85300801 E-mail: [email protected] Studio Ballerini-Vano Salita Salvatore Viale n. 5/2, 16128 - GENOVA Tel.: +39 010 5954200 Fax: +39 010 5954200 E-mail: [email protected] Versus THE ACCUSED PARTY: REPUBLIC OF SLOVENIA 2 II - AS TO THE FACTS 1. Explanation of a concept of citizenship in the former Socialistic Federative Republic of Yugoslavia (SFRJ): “federal citizenship”, “republican citizenship” and “permanent residence” In Socialist Federal Republic of Yugoslavia, a status of the citizen articulated on three levels. Generally, the Yugoslavian citizenship guaranteed all civil and political rights: based on the Yugoslavian citizenship a citizen filed a request for a passport of a Socialistic Federal Republic of Yugoslavia at the local administrative unit in the place of his residence. In addition, there was also a status of “republican citizenship”, on the basis of which the individuals were officially registered into the register of the citizens of one of the six republics (Slovenia, Serbia, Montenegro, Croatia, Macedonia, Bosnia and Herzegovina) that formed the Yugoslavian Federation until 1991 (between the years 1991 and 1992, most of those Republics became independent). The institution of “republican citizenship” was unknown to the public. Matevž Krivic, a former Slovenian Constitutional Court judge, publicly emphasized several times that in Socialistic Federal Republic of Yugoslavia this institution was completely unknown also to many lawyers. (compare J. DEDIĆ, V. JALUŠIČ, J. ZORN, The Erased: Organized Innocence and the Politics of Exclusion, Ljubljana, 2003, p. 93[doc. III]). Many people thus did not know their “republican citizenship” as registered in administrative classification. This classification was stored in the Archives of the Ministry of the Interior, and accompanied by information of an “ethnical identity” of the individuals. There was also the third level, which was crucial from the civil rights’ point of view, but at the same time quite surprising for someone who was not well informed about the multinational and multicultural federal structure of the Republic of Yugoslavia: the so-called “permanent residence”. The individuals obtained the “permanent residence” in the place of their actual residence almost automatically; however, many times the place of actual permanent residence was often different from the place where people were registered as “citizens of certain republic”. The importance of a permanent residence became obvious only at the dissolution of the federal state between the years 1991 and 1992 when it became clear that the “permanent residence” is a basis from which nearly all economic and civil rights derived (the right to the housing, employment, education, health insurance, etc.) Only permanent residence was the basis that made Yugoslavian citizens “citizens” in the full meaning of the word; the concept of citizenship was therefore not tied to ethnicity, but to functionality and relation to the state that guaranteed the enjoyment of fundamental rights. Based on “permanent residence” – and not on the republican citizenship – the Yugoslavian citizens had the right to vote on referendums as well as national and local elections. 3 Foreigners could also obtain “permanent residence” and consequently they enjoyed the same civil rights (except for the right to vote) as citizens of SFRY. 2. Conditions for obtaining citizenship of the Republic of Slovenia after the declaration of its independence On 25 June 1991, Slovenia declared its independence from the SFRY. More than 200,000 persons (10% of the population) that were not registered in the Register of the Citizens of Republic of Slovenia permanently lived on the territory of Slovenia at that time. On 6 December 1990, the National Assembly of the Republic of Slovenia promoted the core document of the Slovene independence process, the Statement on Good Intents. This document promised the members of the Italian and Hungarian minorities and the citizens of other Yugoslav republics, that the results of the plebiscite would not change their political status and their civil, economic and political rights. In this way they were invited to participate at the Plebiscite. The Basic Constitutional Charter on the Sovereignty and Independence adopted by the National Assembly of the Republic of Slovenia on 25 June 1991 stated: “The Republic of Slovenia guarantees the protection of human rights and fundamental freedoms to all persons in the territory of the Republic of Slovenia irrespective of their national origin, without any discrimination whatsoever, in accordance with the Constitution of the Republic of Slovenia and the treaties in force […]” (Article 3). The Statement on Good Intents promised that it would be possible for the approximately 200,000 internal immigrants from the other republics of Yugoslavia, to obtain the Slovenian citizenship if they so desire. This principle was enacted in the Citizenship of the Republic of Slovenia Act, which entered into force on 25 June 1991 (on the day of the official announcement of independence) and in the Constitution of Republic of Slovenia. The conditions for obtaining the Slovenian citizenship for the members of other republics of the former Yugoslavia (i. e. internal immigrants) are defined in the Article 40 of the Citizenship of the Republic of Slovenia Act: “A citizen of another republic that had registered permanent residence in the Republic of Slovenia on the day of the Plebiscite of the independence and sovereignty of the Republic of Slovenia on December 23, 1990, and has actually been living here, shall acquire citizenship of the Republic of Slovenia if within six months of the entry into force of this Act, he/she files an application with the administrative authority competent for internal affairs of the community where he/she has his/her permanent residence.” There were three conditions for internal immigrants to obtain Slovene citizenship: 1) registered permanent residence in Slovenia on the day 23 December 1990 (the day of 4 the Slovenian Plebiscite); 2) actual, not just fictional, residence in Slovenia; 3) filled official application for Slovenian citizenship within the 6-month window. Residents, registered as Slovenian citizens (in the Republican Register of Citizens), did not need to apply for the citizenship, since they got it automatically. For the citizens of other republics who did not apply for the Slovenian citizenship or to whom a negative decision was issued, two months after the expiration of the date by which they could file their application for citizenship (i.e. on 26 February 1992) or two months after they got the final negative decision in the procedure of acquiring citizenship, became applicable the Article 81 of the Aliens Act, which states: “Up until the final effectiveness of a decision in the administrative procedure for obtaining citizenship of the Republic of Slovenia the provisions of this act shall not apply to citizens of the SFRY who are citizens of another republic, and within the six month window of the entry into force of the Citizenship of the Republic of Slovenia Act apply for the Slovenian citizenship on the basis of the Article 40. For citizens of the SFRY who are citizens of another republic, and who do not apply for the citizenship of the Republic of Slovenia within the deadline set forth in the preceding paragraph or to whom a negative decision has been issued, the provisions of this act shall begin to apply two months after the expiry of the deadline within which they could have applied for the citizenship of the Republic of Slovenia, or since issuance of a final decision.” According to the data provided by the Ministry of the Interior, approximately 171,000 residents from the other republics of the former Yugoslavia were granted Slovenian citizenship, based on the conditions stated in the above. 30,000 persons remained without citizenship. Among them, approximately 11,000 allegedly left the country; 18,305 allegedly did not file a request to obtain Slovenian citizenship in the prescribed time window (as already written, it was 6-month window only), or they applied for the citizenship in time, but their applications were solved by the negative decision (according to data provided by the Ministry, 2,400 applications were rejected on the basis of alleged criminal acts against the state or violation of public law and order). Either way, these persons used to have Yugoslav citizenship and permanent residence address in Slovenia: their documents (passport, driving license, ID, health insurance cards etc.) were almost as a rule issued by the Slovenian administrative units. It has to be mentioned that the source of the information regarding the number of the erased persons (18,305) is the Ministry of the Interior. However, this information became public only after public pressure, campaigns of the erased and numerous heated debates in 2002. It is possible that the number of persons, which found themselves in the position without legal status in the new state, is much higher. For example, a non governmental organization Helsinki Monitor, which used to be active on the issues concerning the erased persons’ rights, encountered a higher number of the erased persons. They got the information that there were 62,816 erased persons, which was also delivered by the Ministry of the Interior in December 2000 (in the Annual Report of the International Helsinki Federation for Human Rights, 2001).
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