Petition On Mile Budak,
 
once again
 
As a result of the latest media chase on the Croatian writer Mile Budak, where passionate haters collaborated in an unworthy and ignorant way aiming to prove the authenticity of the principals of depolitisation by juristic bodies and affirm juristic criteria in the area of juristic justice, according to the Constitution of the Republic of Croatia, we bring to light ten facts and put ten questions !
 
 
An Open Letter© 2004
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Petition On Mile Budak, once again

TEN FACTS AND TEN QUESTIONS
WITH AN APPEAL IN CONCLUSION










      As a result of the latest media chase on the Croatian writer Mile Budak, where passionate haters collaborated in an unworthy and ignorant way aiming to prove the authenticity of the principals of depolitisation by juristic bodies and affirm juristic criteria in the area of juristic justice, according to the Constitution of the Republic of Croatia, we bring to light ten facts and put ten questions.


There are the facts:


1. Dr. Mile Budak was a lawyer from Zagreb and member of the Croatian Party of Right (author of two outstanding books of prose “The Stories from Lika – Under the Mountain” and “Crucifixion” – 'the writings of a little intellectual', published in an edition of Matrix Croatia). As a lawyer he also defended the communist principal Vladimir Chopich in front of the Royal court of the Kingdom of Serbs, Slovenes and Croats. Budak was attacked in the afternoon of 7th of June 1932 in the doorway of No. 10, Ilica Street, by order of the Belgrade government, and organised by the Zagreb police office board. The attempted assassination involved three police mercenaries who battered his head with the iron rod. Budak survived and was treated in a Zagreb hospital for three days.

2. Seven days later he went into political emigration with his wife Ivka and joined the Ustasha movement.

3. He returned to Zagreb on 6th of July 1938 without the permission of Dr. Ante Pavelich, the leader of the movement.

4. Budak immediately published his novel in four books “The Herd”, which received acclamation by doyens of Serbian and Slovenian literary criticism as much as those of Croatia. One of these was Josip Horvat of The Morning Herald of July 31st 1938 under the title “ 'Iliad' from Lika” a representative literary work from Croatian literature”. His appraisal was never denied by any relevant literary critic.

5. Budak proceeded to collaborate and renewed the broken friendship with Vlatko Machek (Croatian representative of the party HSS who collaborated with the Serbian King and State), but after the foundation of (confederative) Vice-Kingdom of Croatia (in the borders of Yugoslavia) he was arrested on February 15th 1940 and imprisoned without trial until April 12th 1940.

6. That day in the fountain of Budak's vineyard his wife Ivka was found dead. Until today there has been no light thrown on the circumstances of her tragic death, but the event crushed him psychologically. On the day of the foundation of the Independent State of Croatia, 10th April 1941, he was seriously ill with bile problems and remained hospitalised.

7. In the government of the Independent State of Croatia, he was minister in the Ministry “of theology and education” and was not the initiator of so-called “race laws”: the government passed these laws under pressure from the Germans (which, according to an open letter to the journal 'Vjesnik', Ana Jurić-Šimunčić, August 21st 2004, President Ante Pavelich and Dr. Milivoj Zanić had signed.) In his position Budak influenced deferment of the laws as much as he could, protecting the Jews in teaching positions at the University of Zagreb, a fact brought to light by professor Jaroslav Sidak in the period of the communist government. In fact, there is no knowledge of him ever having committed evil on any person. Budak's peaceful speech on the big political meeting in the city of Virovitica was evaluated by the Serbian newspaper “The New Times” (on 19th August 1941, Nedich government) as “a voice of reason from Croatia”. During the period of his service in the Ministry his personal driver was a Jew and during the period of the Independent State of Croatia he kept friendly relations with a few Jewish families. For that reason a German police attaché denounced him to his German government. As the ambassador in Berlin, Budak did not have any political influence and in 1943 as minister of Foreign Affairs he put conditions to Mussolini's Social republic of Italy insisting on Mussolini's renunciation from Roman agreements with Croatia: this was the reason why he had to leave his position, following which his complete political activity in Croatia was stopped.

8. In May 1945, it was not the partisans who captured him, as “Vjesnik's” journalist wrote, but English military authorities, who extradited him to the Yugoslav communist partisans on May 18th 1945.

9. He and his co-accused colleagues were tried by the military court of the 2nd army in Zagreb on Jun 6th 1945. He was sentenced to be hanged and was executed the next day, on May 7th 1945, the 13th anniversary of the assassination attempt in Zagreb. Nobody knows where his grave is located.

10. The court record of the trial and documentation of the investigation were never made public and it is unavailable for scientific research: it is not studied as a whole document.


And there are the questions:


1. Did the assassins and their commanders commit a crime in 1932?

2. Was the complete juristic process, from the time of investigation to the time of judging in front of the Military court of the 2nd Army in Zagreb, correctly led and juristically valid considering the fact that the investigation was performed in just one afternoon, under circumstances of cumbersome accusation with the trial allegedly lasting no longer than a few hours? The investigation and judging were completed without any attorney, without witnesses for the defence, even without the right of complaint and the cruel punishment was performed the next day in less than twelve hours. Is it possible today, in the Rep. Of Croatia that such a process, judgment and execution are juristically valid?

3. Did those who conducted such a trial commit a war-crime, at the end of war?

4. Was it regular treatment to rape and kill Budak's daughter Grozdana ? After they took her from her father the military authorities killed her somewhere near Skofja Loka, without accusation, without juristic prosecution and according to some reports she had also been raped by the communists. (…..) Is such an outrage, such treatment, a war crime? A war crime after the end of war?

5. Is it correct that proven war criminals put their victim on the list of war criminals, without any juristic evidence?

6. Budak's statement “hang the Serbs on the willow tree!” in Varazdin, (……..) was first uttered in 1914 by Slovene Mirko Natlachen and that did not hinder him from becoming an outstanding member of the Slovene Clerical Party of the priest Antun Koroshec, who in the thirties had become the vice-Roy (Ban) of Dravska Banovina. (….) Is such guilt a good reason to proclaim Budak a war criminal? Should not a regular court connect the Budak's statement with the iron rod incident and order an enquiry into it?

7. If the process in relation to Budak is a political process, as most of the processes of communist courts were (including these after the 'Croatian Spring' in 1971) (……), where is the logical connection to the 'advocates of the juristic state' and of the depoliticization of the judiciary body today in Croatia if they approved the political processes in the period 1945 – 1990 and if they are accepting such adjudge again nowadays, even using the most outrageous/offensive expressions for the judged persons? Should it not be also punishable? Did they not discover that they are the philo-communists of Yugoslav orientation? And if they are of such a kind, why do they hide in such a cowardly way behind democratic principles? (………)

8. Are there any among the juristic experts who would be if not capable at least willing to prove the unsound communist antifascism, because of the split between the communist theory expressed in the laws and the public declarations and different outrages and crimes against the own citizens (which was confirmed by Tito personally when he explained in Prishtina in 1972 that the judges should not act in accordance to the law and keep it as the 'drunk man holds the fence', as he said)? Did not Tito in his way recognise not just the unsound juristic communist system but also the lawlessness of the communist judiciary? (……) The repudiation of such a judiciary is not denial of antifascist roots of the Croatian constitution, but the recognition of its roots…

9. Could not “Vjesnik”, “Novi list” and some other publishing houses, if they decided to write on Budak, find some journalist who would be more qualified to write on the theme - persons who would not repeat the dubious qualifications of the dubious judiciary? Namely, the journal “Vjesnik” misunderstanding the subject mentioned that Budak 'was a reformer of the Croatian literature”?!

10. Croatia is pluralistic nowadays and if “Vjesnik” wanted to hear the opinion of the Croatian citizens on Budak it should ask the people who were not known as the integral Yugoslavs and especially not in the period 1989/90. Don't we have such intellectuals and not just intellectuals of Yugoslav provenience? And finally, why are the majority of the media listening only to the voice of pro-Yugoslav opinion makers? Hiding behind democratic phrases the crypto-communist minority monopolise the complete media space, forge and manipulates public opinion: is it mimicry, courage or villainy? Is it difficult to understand their aim?


Our legitimate democratic demand is; audiatur et altera pars!


      The monument (the plaque) to Mile Budak in St Rok: yes or no? That question is just a motive of the text but not the essential question which needs an urgent answer. (…)

      We sign the text as an appeal. We do not want to usurp the role of the regular judiciary bodies. We expect the Rep. Of Croatia to be consistent in performing the role of the State, which is a State of law and order (…) and it should perform its official duty in launching a review of the political process held in the period of the communist and other totalitarian governments including the process against Mile Budak. We expect all documents to be taken into account (……) sine ira et studio. We expect legal valid sentences and everybody will accept them.


The appeal is open to everybody who wants to sign it subsequently/afterwards.


In Zagreb, August 2004.



Academy of science Ivan Aralica, writer
Jakov Aralica, professor
Rudolf Arapović, journalist and publicist
Mirsad Bakšić, dipl.iur., brigadir CROATIAN ARMY i President of the Society “Dr. Safvet beg Bašagić”
Mile Balen, writer
Josip Baotić, dipl. oec. kib., director INTERCON-a, International advisor for strategic development of the society
Mr. sc. Ivan Bekavac, publicist
Nada Beuc, professor, Secretary, Matrix Croatia Makarska
Dr. sc. Ivan Biondić, University professor
Damir Borovčak, dip. ing. i publicist Kruno Bošnjak, Academic Sculptor i professor ALU u m.
Josip Botteri Dini, Academic Painter, President Matrix Croatia in Split
Dr. Ivan Brzović, physician in Kupres
Suzana Budimir, dipl. ing., professor
Matija Bulić, domaćica
Emil Čić, publicist, musicologist and musician
Dr. dr. h. c. Nikola Debelić, University professor
Miodrag Demo, brigadir of Croatian Army
Julije Derossi, writer
Zlata Derossi, professor
Tonka-Marija Dobrinić, emeritus
Mira Donadini, Social activist, emeritus
Dr. sc. Andrej Dujella, University professor
Dr. sc. Senadin Duraković, University professor
Dr. Ivo Dužević, psychiatrist-psychotherapeutic, Member of the presidencyMatice Hrvatske Makarska
Nela Eržišnik, actress
Vlado Franjević, cultural activist and painter, Lichtenstein
Vladimir Fuček, judge in em., President of URV “Hrvatski domobran”
Osvin Gaupp, Baden, Švicarska
Dunja Gaupp, Baden, Švicarska
Ivan Ivanda, professor, Member of the presidency at Matrix Croatia Makarska
Dr. Luca Ivanda, specijalist of school medicine
mr. sc. Nenad Ivanković, journalist, publicist, President of HONOS-a
Ilija Ivezić, film and theatre actor
Dr. sc. Jere Jareb, professor emeritus Saint Francis University, Loretto, USA
Academy of science Dubravko Jelčić, writer, scientific advisor em.
Ivan Jindra, journalist
Tomislav Jonjić, lawyer i publicist
Dinko Jonjić, long-term political prisoner, today a lawyer in Imotski
Josip Jović, journalist i publicist
Dr. sc. Josip Jurčević, scientific advisor
Anto Jurendić, President of the Society Uzdanica 90. ATJ Lučko
Marko Jurič, journalist
Dr. sc. Fra Karlo Jurišić, professor of theology and history, emeritus
Marina Jurišić, Member of the presidency of Matrix Croatia Makarska
Pajo Kanižaj, writer
Pavao Slavko Keserović, dip. ing., Melbourne, Australija
Jure Knezović, President of the Political prisoners Society
Mato Kovačević, journalist
Marko Krilić, ing., Busovača
Ivan Kujundžić, Academic Sculptor
Dr. sc. Nedjeljko Kujundžić, University professor
Ivan Lacković-Croata, Painter
Miro Laco, professor, colonel of CROATIAN ARMY u m.
Dr. sc. Hrvoje Lorković, University professor
Ana Luetić, emeritus
Dr. sc. Branimir Lukšić, University professor
Dražen Keleminec
Dr. sc. Jure Krišto, scientific advisor
Dr. sc. Milan Kruhek, scientific advisor
Duško Malešević, Academic Painter , professor
Mato Marčinko, dipl. iur, publicist, Long-term political prisoner
Domagoj Margetić, journalist i publicist, President of the Society of journalists in RH
Dr. Radoslav Marić, M. D., ABOG, LMCC, FLEX, ECFMG, Ansonia, SAD
Vlado Marić, lawyer
Žarko Marić, professor, journalist
Ivica Marijačić, journalist
Dr. sc. Ante F. Markotić, University professor
Frano Marušić, dipl. ing.
Dr. sc. Zlatko Matijević, scientific advisor
Dr. sc. Anđelko Mijatović, scientific research, publicist
Marko Mikulandra, Artistic director, dramski pisac
Miroslav Mikuljan, film, Artistic director
Bosiljko Mišetić, lawyer
Ratimir Mocnaj, dipl. ing.
Ana Mocnaj, professor, tajnik AMCA-e Kanada
Ivan Nogalo, gospodarstvenik
Javor Novak, publicist
Tomislav Nuernberger, dipl. ing. matematike
Željko Olujić, dipl.iur., lawyer
Ivo Paradžik, umirovljenik
Josip Pavičić, writer i nakladnik
Mladen Pavković, journalist i publicist
Dr. sc. Dragutin Pavličević, University professor
Dr. sc. Davor Pavuna, fizičar
Marija Peakić-Mikuljan, writer
Academy of science Josip Pečarić, University professor
Kornelija Pejčinović, javni radnik
Marija Pejić, članica predsjedništva Ogranka Matrix Croatia Makarska
Dr. sc. Nedjeljko Perić, University professor
Branimir Petener, dipl. ing. i publicist
Slavko Petračić, dipl. ing.
Ivica Petrović, professor at Mostaru University
Nenad Piskač, writer
Vlado Polgar, dipl. ing.
Valentin Pozaić, S. I., professor of moral theology
Juraj Rajčević, catering industry
Filip Rajčević, catering industry
Milka Rajčević, catering industry
Ankica Ravlić, professor, predsjednica Ogranka Matrix Croatia Makarska
Maja Runje, professor
Mag. iur. Darko Sagrak, President of the Society“Dr. Milan Šufflay”
Dr. sc. Aleksandar Stipčević, University professor
Dr. Stjepan Sraka, Dentist
Branko Stančić, dipl. ing.
Oskar Šarunić, journalist, cameraman
Dr. sc. Zvonimir Šeparović, professor emeritus, President of the Croatian Victimological Society
Stjepan Šešelj, writer
Ante Škrabić, nastavnik, Vise-President of Matrix Croatia Makarska
Mr.sc. Ljubomir Škrinjar
Dr. sc. Hrvoje Šošić
Vlado Tadej, Artistic director
Branko Tinodi, dipl. Jur.
Branka Tinodi, professor
Benjamin Tolić, philosopher, publicist
Dr. iur. Željko Tomašević, pričuvni časnik CROATIAN ARMY
Zlatko Tomičić, writer
Dr. sc. Luka Tomić, vice-President of Ogranka Matrix Croatia Makarska
Nenad Udiljak, dipl. ing.
Mr. sc. Mario Vasilj, professor at Mostar Uni.
Đuro Vidmarović, writer
Mladenka Vrljičak, dipl. ing. arh.
Bože Vukušić, publicist
Dr. sc. Petar Vučić, Jurist, politologist
Igor Zidić, Director of Modern gallery, President of Matrix Croatia
Ivan Zlopaša, President of the Society "Pogledi" for the protection of the Croatian National Interests in Bosnia-Herzegovina
Dr. sc. Darko Žubrinić, University professor

And hundereds of others ....
Published in: FOKUS, Hrvatsko Slovo, Novi List, Vjesnik; August 2004.

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