Justice Through Land
Restoration or Compensation
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During the holocaust and the period directly after, many European countries faced fascist and Communist Regimes. Throughout that time, many people were subject to property confiscations. During the dark days preceding the Second World War, tens of thousands of small land owners and families were quietly working their farms and land, unaware of what the consequences of the forthcoming cataclysm would be. As the ideologies of fascism and communism battled for territory and ill defined nationalist goals, the ownership rights of these farmers and land holders fell under the heel of jackboots from the right and left. Nonhomogeneous minority groups in each of these countries were decimated as communities, subjected to genocide and lost their land heritage. Successive regimes of totalitarians, both fascists and communists voraciously gobbled up these parcels of property. Landowners were killed or evicted, many fleeing to America to escape persecution. These emigres to the United States and throughout the world, never forgot the homes they left behind. As the refugees age and watch their countries of origin reemerge on the world stage, their hearts ache for what they left behind. They imagine and long every day of their lives for their homes and their soil. These governments now hold out to the world that they have embraced democratic values without correcting these unjust grievances is unconscionable. |
Presently, Poland, the Czech Republic and Hungary are anticipating their acceptance into NATO. Meanwhile, their idea of land restoration and compensation is severely restricted to only those who currently reside in the country of confiscation. This excludes those who fled their home nation to seek a new life in the United States.
This project is focused on three Central European countries; Poland, Hungary and the Czech Republic and their applications to join NATO. These countries were restored to democratic systems of governance at the beginning of this decade. This project now seeks the creation of legal due process for former land owners prior to awarding NATO status to these governments.
Our goal is to see these countries take responsibility for all victims before they are allowed to enter NATO.
If you have a property claim, please take the time to print the
Deposition Form and mail to:
| Oakland University Political Science Department C/O John Kelly Attn: Katherine Miller 420 Varner Hall Rochester, MI 48309-4475 |
If you have any questions or concerns, email at:
kkmiller@oakland.edu
We will be using these deposition forms to help you seek representation for your property claims if necessary, and to draft legislation prohibiting Poland, The Czech Republic, and Hungary from NATO acceptance until they take responsibility for all victims. This deposition form is confidential and will only be seen by members of Political Action for European Justice Project.
Proposed Legislation
To amend Title 28, United States Code, relating to jurisdictional immunities of the
Republic of Hungary, the state of Poland and the Czech Republic, to grant jurisdiction to the courts of the United States in certain cases of genocide involving the confiscation of property without due process of law or just compensation during World War II in the successor or predecessor states of the Czech Republic, Poland or the Republic of Hungary or in any territories or areas occupied, annexed or otherwise controlled by those states whose domestic courts and reclamation procedures have been exhausted or where individual rights are diminished or prejudiced by individuals choosing U.S. settlement and family relocation.
Section 1. Exception to foreign sovereign immunity for certain cases involving acts of genocide in a foreign state.
Section 1605 of title 28, United States Code, is ammended--
1.in subsection (a)--
"(9) not otherwise encompassed in paragraph (2), in which money damages are sought against the Czech Republic, the state of Poland and the Republic of Hungary for the personal injury of a United States citizen occurring in the successor and predecessor states of the Czech Republic, Poland and Hungary, or in any territories or areas occupied, annexed, or otherwise controlled by those states and caused by an act committed against that citizen during World War II by, or under the direction or supervision of, such successor or predecessor states or by, or under the direction or supervision of, an official or employee of such successor or predecessor states while acting within the scope of his or her office or employment, whether or not the individual whose injury gave rise to the action was a United States citizen at the time the conduct causing such injury occurred; except that--
'(A) the court may decline to hear a claim under this paragraph if the claimant has not exhausted adequate and available remedies under the laws of the Czech Republic, Poland and the Republic of Hungary, unless pursuing such remedies would cause or would have caused the claimant undue hardship on account of the nature of the injuries sustained and their effects on the ability of the claimant to pursue such remedies; and
'(B) an action under this paragraph shall not be maintained unless the cause of action is brought within 24 months after the date of enactment of this paragraph.'; and
(2) by adding at the end the following new subsection:
'(h) For purposes of paragraph (9) of subsection (a), the term 'act of genocide' means conduct that would be a violation of section 1091 of title 18 if committed in the United States.'.
Sec.2. Exception to immunity from attachment.
'(8) the judgment relates to a claim for which the foreign state is not immune by virtue of section 1605(a)(8) of this chapter, regardless of whether the property is or was involved in the act upon which the claim is based.'
(b)Agency or Instrumentality-Section 1610(b)(2) of such title is amended by striking 'or (7)' and inserting in lieu thereof' (7), or (8)'.
Sec. 3. Venue
Section 1391(f) of title 28, United States Code is amended--
'(5) in the case of an action for which there is no immunity by virtue of section 1605(a)(8), in the judicial district in which the plaintiff resides.'.
Sec. 3. Applicability
The amendments made by this Act shall apply to any cause of action arising before, on, or after the date of the enactment of this Act.
The United States Congress has plenary authority over the question of whether or not specific legislation is needed to authorize claims of United States nationals for loss of property in specific foreign countries. The primary entity for advising Congress on these questions and the entity responsible for administering the claims is the Foreign Claims Settlement Commission. While the present commission came into being in 1954, since 1980 it is a separate agency within the U.S. Department of Justice.
POLITCAL ACTION FOR EUROPEAN JUSTICE PROJECT DESCRIPTION
The Political Action for European Justice Project is a committed group of faculty and Students at Oakland University in Rochester, Michigan dedicated to seeking justice for all exiles from Central European oppression. The students and faculty are working on this project without reward in order to advance political justice for persons who believe they have no recourse without the balancing and support of the United States Government.
POLITICAL ACTION FOR EUROPEAN JUSTICE PROJECT INTENT
The registry created by the PAEJP will serve as a confidential way in which potential claimants may register their claims against foreign national governments, trespassers, and adverse possessors with a non-profit, neutral organization that can combine the claims for greater leverage with foreign governments.
ACTIVIST DESCRIPTIONS
John F. Kelly
Mr. Kelly is a former Michigan State Senator. He is now a professor at Oakland University in Rochester, Michigan, teaching mostly international politics courses. Mr. Kelly is also of counsel for the law firm Sommers, Schwartz, Silver & Schwartz.
Katherine K. Miller
Ms. Miller is a senior at Oakland University in Rochester, Michigan. She is a political science major with a concentration in pre-law. Ms. Miller is the student leader of this project. She will be collecting land claim files and actively lobbying the legislature regarding the above stated bill.
PROPOSED STATUTE
A. No representative of the United States Government shall vote affirmatively in any multilateral organization or entity that would advance the admission of the governments of Poland, Hungary, or the Czech Republic to the North Atlantic Treaty Organization until such government has passed domestic statutes that restore or compensate victims of land confiscation for their property seized in the period of 1939 to 1990 from persons, or heirs of persons, who lost their rights to the same by virtue of their ethnicity, religion, or political beliefs and are presently citizens of the United States.
B. (1) Applicant nations to the North Atlantic Treaty Organization may demonstrate their respect for the rules of law and respect for human rights by establishing domestic statutes, and administrative or judicial institutions, for the settlement of claims by permanent residents or citizens of the United States seeking relief from actions by totalitarian regimes by establishing the following:
(a) A public policy that directs U.S. citizens to accountable, appropriate institutional sources within their government that can inform them, and assist them, in the filing of a claim for reparations, restitution, restoration or compensation of lost personal and real property; and
(b) A procedure for permitting persons who have filed claims to return as a matter of right to their nation and place of origin, and with the assistance of the government, to visit their expropriated property to make a determination as to the value and possibility of return for either the individual owner or their heirs, and to investigate the circumstances and legitimacy of the present settlers claim to the real property for purposes of advancing or pursuing the claim, and to provide potential claimants with the police, investigative, legal assistance, records and documentation research , and travel funds necessary to make a sufficient determination as to their claim; and
(c ) A reparations commission to determine for survivors the level of appropriate compensation for individuals, or spouses, children, parents or the immediate family members and heirs of individuals who were victims of personal oppression by totalitarian regimes and who should be compensated for their anguish, torture, pain and suffering; and
(d) A compensation commission to determine for personal and real property, the appropriate valuation and market-value of properties confiscated by totalitarian regimes.
(2) Applicant nations may file a copy of the appropriate statutes that satisfy the requirements of this subsection with the Clerk of the House and Senate. Not later than thirty (30) days following submission of the same, if the Congress shall be in session, the Majority Leader of the Senate and the Speaker of the House shall introduce a concurrent resolution of Approval, which upon adoption by a roll-call vote shall signify that the government of the Applicant has met the conditions of this act.
C. The United States Foreign Claims Commission shall establish a registry in which claimants, their representatives or heirs, may notify the U.S. Government of the pendency of their claim, and the government responds in writing as to the means and method from just resolution by means of U.S. courts or administrative instrumentalities.
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