In the last three days, the crowd at the stadium in Split shouted “Let’s go, let’s go, Ustashas!” while chanting “For the Homeland Ready!”, then the song “Jasenovac and Gradiška Stara” was publicly sung and played on the loudspeakers in the streets of Sinj, and then in Knin; a retired colonel of a unit named after Ustasha commander Rafael Boban, while chanting “For the Homeland Ready,” publicly stated that no one should bothered by the NDH.
All of this happened shortly after songs praising Ustasha commanders were sung on the streets of Zagreb, the aforementioned “Jasenovac and Gradiška Stara” and “The dawn is here, the day has dawned.”
In the days that followed, the public relativized and downplayed the problematic nature of the use of various symbols, especially the greeting “For the Homeland Ready.” The public message was that it was legal when used in the broader context of the Homeland War, even though this is not currently evident from either the law or the case law, and even though the Constitutional Court has repeatedly stated a clear position that this salute is unconstitutional. Additionally, this salute was also used in the Parliament, but now without any consequences.
Currently, it is more unclear to citizens than before what is exactly legal and what is illegal, or what will be sanctioned and what will not, related to various symbols and greetings, while some publicly sent messages confuse the public and undermine legal certainty and the rule of law.
All of this is a consequence of the long-standing ignoring of the problem by those who have the responsibility to resolve it, including the failure to adopt a more adequate new legal framework (the Law on Offences Against Public Order and Peace, adopted in 1977, is still in force in the Republic of Croatia).
As the commissioner of the Croatian Parliament responsible for the promotion and protection of human rights and freedoms and the head of an independent institution, Ombudswoman Tena Šimonović Einwalter hereby points out that the rule of law and legal certainty mean that the line between what is illegal and what is not must be clearly drawn.
In particular, these latest examples of open singing of Ustasha songs and public messages that no one should be bothered by the NDH demonstrate the need to condemn the glorification of the Ustasha and the relativization of the character of the NDH much more strongly and clearly, and to remind people that legally the today’s Republic of Croatia is not a successor to the NDH, which also follows from the Constitution of the Republic of Croatia.
Regarding the greeting “For the Homeland Ready”, the Ombudswoman once again reminds the public that the previous decisions of the Constitutional Court clearly state that the greeting “For the Homeland Ready” in public spaces is illegal and unconstitutional, specifically, contrary to Article 39 of the Constitution, according to which any call or incitement to war or the use of violence, to national, racial or religious hatred or any form of intolerance is prohibited and punishable.
In this regard, and with regard to the recent case law, the Ombudswoman will act in accordance with her authorities and submit to the State Attorney’s Office a reasoned proposal for the initiation of a request for the protection of legality regarding the latest judgment of the High Misdemeanor Court, in favor of Marko Skeja.
At the same time, the Ombudswoman points out that it is necessary and urgent to complete the work on the new Law on Offences against Public Order and Peace in a way that will leave no room for doubt about the use of prohibited symbols neither for the judiciary nor for the public. This is a solution for which the Ombudswoman institution will advocate through its membership in the working group for the drafting of the law.
Regarding police action after the Zagreb concert in July, the Ombudswoman requested information from the Ministry of the Interior on the action taken in relation to the Ustasha symbols, while the Ministry of the Interior had publicly announced that seven people had been reported for criminal and misdemeanor offenses (so far) and that the criminal investigation was continuing. A faster reaction by the Ministry of the Interior was visible in Sinj, when in the afternoon the police took action against people for inappropriate songs and messages and for inciting others to the same behavior. The Ombudswoman will continue to monitor further police action in relation to the above.
In today’s Croatia, which won its freedom and independence through a difficult struggle and great sacrifice in the Homeland War, it is necessary to preserve the values and ideas on which the Republic of Croatia was founded and which are enshrined in its Constitution. It is the responsibility of everyone in the country to respect the Constitution, including the constitutional prohibition of inciting hatred and intolerance, by drawing a clear line between the present-day Republic of Croatia and the Independent State of Croatia (NDH), and this is especially the responsibility of those in charge of various branches and levels of government, as well as of independent institutions, the academic community and the education system.
