The United States would like to join
our voice of concern to the concerns raised by the
United Kingdom on behalf of the EU and associated
states.
Our Croatian colleagues have
appropriately invited our comments regarding the
procedure for the return of persons who have left the
Republic of Croatia.
The Government of Croatia must permit
all documented Croatian citizens to return
unconditionally to Croatia.
This is a fundamental right, and part
of Croatia's international commitments. The Constitution
of the Republic of Croatia states, at Article 32:
"Every citizen of the Republic of Croatia shall
have the right at any time to leave the state territory
and permanently or temporarily to settle abroad, and
at any time to return home."
The conditions imposed by the current
procedures represent an unacceptable abridgment of the
freedom of movement of Croatian citizens and violate
numerous commitments by the Croatian government.
We cannot accept any effort by the
Croatian government to make the return of refugees
conditional on assistance from the international
community.
Nor can the right of a Croatian citizen
to return be conditioned on bilateral agreements with
foreign states, the availability of housing, financial,
or other extraneous issues.
We urge the Croatian government to
consult closely with the OSCE mission and other
appropriate multilateral organizations in advance,
regarding any official action that could affect its
commitments regarding refugees, minorities, and
displaced persons.
(Amnesty issue)
I would like also to raise some
concerns we feel about the Croatian statement given at a
recent Permanent Council regarding the issue of amnesty
in the case of Milorad Stetic.
We start from the premise -- which we
understand is shared by the Government of Croatia --
that the amnesty provisions should be fully applied.
This is an essential element in the
reconciliation process.
We wholly reject any argument that, in
this case or any other, acts that would otherwise be
subject to the amnesty provisions according to accepted
international legal principles should be reclassified in
order to make them not subject to amnesty.
For those cases where Croatian
authorities allege that a case otherwise subject to
amnesty should be prosecuted as a war crime, we expect
Croatia to cooperate fully with the ICTY to review all
such cases.
We are fully committed to supporting
the international tribune's thorough examination of all
alleged war crimes, regardless of the ethnicity of the
perpetrator or victim.
Regarding the specific case of Mr.
Stetic, we also call on the Government of Croatia to
investigate allegations of his mistreatment while in
government custody.
His case is important on its own terms,
but it is also part of a general concern, which we count
on the Government of Croatia to address
fully.