Download Confiscation of the property of the Jews in Osijek

CONFISCATION OF THE PROPERTY OF THE JEWS IN OSIJEK
AFTER WORLD WAR II
Prof. Ph. D. Miro Gardaš
Faculty of Law Osijek,
[email protected]
Ana Gavran, Mag. iur.
[email protected]
ABSTRACT
After the end of World War II, the new communist government acceded to the procedure of
confiscation of property. This procedure was implemented by applying the institute of
confiscation, and the excuse was economic cooperation with the occupier. In this way, many
factories and workshops were confiscated as well as private properties of wealthy individuals.
In these proceedings, assets of a larger number of Jews in Osijek, who were the owners of a
large number of companies before World War II, were confiscated. Paradoxically, the Jews
were in fact punished twice, i.e. their property was confiscated twice. The first time was when
their property was nationalized during the war in the NDH, and the second when after the war
the new government instead of correcting the wrongs that had been done against the Jews,
confiscated their assets once again.
It is particularly ironic that the large number of former Jewish owners were taken in the
German concentration camps and killed there, and the new government seized their property
because of the economic cooperation with the German forces.
Keywords: confiscation, Jews, economic operators, concentration camps,
1. ECONOMIC SITUATION IN OSIJEK BEFORE THE SECOND WORLD WAR
In this paper we would like to show how the communist government in Osijek treated the
Jews after World War II. On the basis of archival documents from the National Archives in
Osijek we would try to show how the opportunity to at least partially address injustice that
was done to the Jews during the Independent State of Croatia (hereinafter NDH) was not only
missed but, on the contrary, the same property that had already been confiscated was once
again taken away from them. By taking away the property from Jews because of
"collaboration with the occupier" the new communist authorities showed, in an ironic and
sometimes morbid fashion, that they were not driven by any just, or even ideological motives
but simply by the desire for financial gain and property grabbing for the state fund.
At the beginning of the twentieth century Osijek was a commercial and crafts center and a
city with a strongly developed industry and a large number of craft workshops that have their
roots back to the 18th and 19th centuries when Osijek was one of the most economically
developed cities in this part of the Habsburg Empire.
In the second half of the 18th and the 19th century there were many famous economic fairs
that were held all over the Austrian monarchy, and where people sold goods from all over the
empire and the world, and which brought great financial gain to the city. The importance of
these fairs laid in the proximity of the border with the Ottoman Empire, wherefrom a lot of
oriental goods entered the Austrian Empire, but whereto a great deal of craft and industrial
goods war also exported.
There were some factories operating in Osijek that within its scope of work had a leading
position in the region and which exported their products all over the world, for example Drava
- matches factory, OLT - Osijek foundry and machine factory and others.
Osijek was, therefore, in the first decades of the twentieth century a city with a very long
tradition of trade and commerce, and with the industry in the ascending line.
2. CONFISCATION OF JEWISH PROPERTY DURING THE NDH
After the establishment of NDH it came to significant changes in the structure of economic
entities in Osijek because a significant number of those entities in Osijek and Slavonia was
owned by Jews. NDH government followed the policy of the Third Reich against the Jews,
and they used that actually to seize valuable assets which would sell them for personal
financial gain or to reward certain members.
In order for this to be carried out, very soon after the establishment of NDH, it was necessary
to adopt several legal provisions, some of which were crucial for the seizure (nationalization)
of Jewish property1: Legal provision on nationalization of Jewish property, legal provision
about nationalization of economic enterprises2 and statutory provision on nationalization on
the territory of the Independent Croatian State.3
Based on these legal provisions NDH entwined effective network that engulfed the entire
property of Jews, but of the Gentile property it could have expropriated whatever and
whenever they considered it necessary.
To this date I was not able to trace in the Osijek State Archives any decisions on
nationalization of Jewish property, or the nationalization of Gentile property, but in a number
of court decisions on the confiscation after World War II, it is stated that the individual firm
or company was nationalized and sold to the new owners by NDH.
3. CONFISCATION OF JEWISH PROPERTY AFTER WORLD WAR II
At the head of the then "Anti-Fascist Council of National Liberation of Yugoslavia" was a
lawyer Dr. Ivan Ribar, who tried to put the seized property into the legal framework, so that
the confiscation of assets would fall under the Law on Confiscation and Execution of
Confiscation, which was passed on June 9, 1945.
1
Official Gazette No. 246 of October 30, 1942
Official Gazette No.118 of September 3, 1941
3
Official Gazette No.30 of May 17, 1941
2
In addition to this law, there were many other legal regulations that enabled a wide circle of
persons to be found guilty whose property would hence be seizured. This is primarily the Law
on Crimes Against the People and the Country of August 25, 19454, the Decision on the
Protection of National Honor of Croats and Serbs in Croatia of April 24, 19455, Law on
transfer of the enemy property into the state property and the sequestration of the property of
absent persons of July 31, 19466, and the law on the treatment of the assets that the owners
had to abondone during the occupation and of the property that was taken from them by the
occupiers and their collaborators of August 2, 19467.
In 1948, the Law on Amendments to the Law on nationalization of private economic
enterprises was passed whcih was a tool for the nationalization of all those companies which
according to their meaning or capacity had general significance for federal or republican
economy. 8
For this purpose, in addition to this law, there shall be passed a series of regulations that
regulated this issue, so there were still many legal regulations that allowed the wide circle of
persons to be found guilty and whose property would consequently be seized. In Article 2 of
the Law on Compensation for Property Taken During the Yugoslav Communist Rule9 there
are 32 such regulations listed, and some authors even allege the existence of fifty. (See more:
Crnić, 1991)In this way it was once again re-woven a network of legal regulations through
which no one whose property was of interest to the new authorities could pass.
In the first years after World War II in Osijek there were many bodies that were judging
people who had violated the provisions of the above regulations. These were primarily
District Court in Osijek, then the District People's Court in Osijek, the Military Court of
Osijek Military District in Osijek, and in particular the Court to protect national honor of
Croats and Serbs in Croatia for the districts of Osijek and Virovitica - Osijek.10 Archives
created during the work of these bodies is largely preserved in the State Archives in Osijek,
and is quite well arranged and available to researchers.
There are many examples of the confiscation of Jewish property after the Second World War,
and on this occasion we will show only a few which show us the way in which the
proceedings were conducted and which outline the injustice caused to the former owners.
4. EXAMPLES OF CONFISCATION OF JEWISH PROPERTY IN OSIJEK AFTER
THE WORLD WAR II
1. OSIJEK LEATHER FACTORY LLC
4
Official journal DFJ, No. 18/1945
”Vjesnik”- newsletter of JNOF of Croatia, of June 28, 1945
6
Official Gazette of the SFRY, no. 63/1946
7
Official Gazette of the SFRY, no. 63/1946
8
Official Gazette of the SFRY, no. 35/1948.
9
Official Gazette No. 92/1996
10
”Archive funds and collections in SFRY - Croatia”, Belgrade 1984, section of the Historical Archives in
Osijek, p. 176
5
Osijek leather factory LLC was established with 2 million crowns share capital, and its
main purpose was the production of a variety of leather goods. The capital of this company is
mixed, mostly domestic, and 20% of foreign share.
Osijek leather factory LLC had a steam-power for 150 hp machines. The company employed
70 workers and 10 clerks. (Lakatoš, 1924 ,p. 283-289)
The company "Osijek leather factory LLC " was Jewish property, and since after the World
War II, no one have reported in terms of the Law on handling the abandoned or seized
property the procedure for confiscation was initiated.
The company was confiscated by the judgment of the Court for protection of national honor
of Croats and Serbs in Croatia number Kz-193/45, according to which V. F. from Osijek and
J.H. from Osijek were found guilty, the first one as a director and member of the
administrative committee and the second one as a member of the administrative committee
for putting voluntarily the overall industrial enterprises of Osijek leather factory LLC at the
disposal of the German forces. Both were sentenced to various time penalty, the penalty of
confiscation of personal property and the penalty of confiscation of all property of Osijek
leather factory LLC. Confiscation was carried out by the judgment of the District People's
Court in Osijek, R-806/46.11
According to the enclosed court case on confiscation of Osijek leather factory LLC the paid
up capital of the Company was divided into 10,000 shares of nominal value of 300 dinars. So
the entire share capital would be amounted to 3,000,000 dinars. Out of the total number of
shares 200 were the property of a convicted Director V.F., 1300 shares were in the hands of
different shareholders, and the rest to the total number of 10,000 was in the property of a Jew.
Ž.D. from Osijek.12
2. “DUBRAVKA” THE KNITWEAR FACTORY IN OSIJEK:
The knitwear factory "Dubravka" was owned by Jews B.R. and K.R., who were in 1942
shipped to Germany since when they have been missing. That same year the company was
nationalized and sold by the NDH to S.M. and M.M.
According to the judgment of the District People's Court in Osijek No. Kz-235/45, for the
economic cooperation with the enemy B.R., K.R. and M.M., the owners and managers of the
knitwear factory “Dubravka” were the first ones to be sentenced to confiscation of all their
property. For this act as well as for the act from the judgement of the Military Court No.
2840/45, he was sentenced to deprivation of freedom with hard labor for a period of 20 years,
the loss of civil and political rights for 10 years and the confiscation of all property, and the
persecution from the city of Osijek for a period of 5 years.
11
DAO, fund OJT, box 47, file 1/50, report of 3 December 1946, also DAO, fund Court for protection of national
honour of Croats and Serbs in Croatia, file Kz-193/1945
12
DAO, fund Court for protection of national honour..., file Kz-193/1945, Declaration of 11October1940,
annexed to the file on confiscation.
The verdict includes confiscation of all the property of the knitwear factory "Dubravka" in
Osijek. Against the accused K.R. and B.R. the cases proceeded in their absence, and they
were sent a public call for the hearing.13
3. ELECTRICAL MILL GAŠTAJGER AND ŠMIT:
Before the war, the mill co-owners were T.G. and Ž.M. Ž.M. was a Jew and he was sent to a
camp, where in 1942 he committed suicide. Its share in the mill was nationalized and
redeemed by the Germans J.Š. and M.Š.
With the decision of the commission for confiscation in the city NO-Osijek of September 18,
1945, number 686/45, T.G.’s and his family’s share was confiscated and their property was
nationalized. Šmit’s share was not nationalized and it is placed under the management of state
mills.14
4. “FARMACIJA” – CARDBOARD FACTORY IN OSIJEK:
Company "Farmacija" was founded in 1925 by Jews A.N. and D.R. In 1941 the company was
nationalized and in 1942 NDH sold it to P.K. for 1,092.105 Kuna. Being the Jews the former
owners A.N. and D.R. were taken to Germany 1942 wherefrom they never returned.
Charges were brought against the previous owners for economic cooperation with the enemy,
and through the public announncement the absentee owners were called to make themselves
known within three days.
According to the judgment of the District People's Court in Osijek No. Kz-236/45, A.N.,
D.R., and P.K. as owners and managers of the company "Farmacija", were accused of
economic cooperation with the occupier. The first two A.N., and D.R. were sentenced to
confiscation of all property, and the third one, P.K. was sentenced to confiscation of all
property, and in connection with the case of the Military Court in Osijek number 305/45, to a
sentence of deprivation of freedom for 15 years with hard labor, the loss of civil and political
rights for 10 years and the expulsion from the city Osijek for a period of 5 years. The verdict
also included confiscation of all assets of the cardboard company "Farmacija".15
5. RUDOLF MERK I J. BOŽIĆ – FURNITURE FACTORY:
Before the war, the factory was owned by a Jew dr. H.Š. who was in 1942 taken to
Auschwitz, where he remained until the end of the war. By the decision of the District
People's Court in Osijek, R-732/45 the factory was returned to the owner H.Š.16
13
ibidem
ibidem
15
ibidem
16
ibidem, report of November 15,1945
14
According to the judgment of the District People's Court in Osijek, No. Kz-242/45 R.M., the
owner of the furniture factory “Božić” was sentenced to deprivation of freedom with hard
loabor for a period of three years for the economic cooperation with the enemy.
The sentence also includes the loss of civil and political rights for a period of three years as
well as the confiscation of all assets of the furniture company "Božić".17
6. “REX” – FACTORY FOR STOVES AND IRON FURNITURE:
Before World War II the company was owned by a Jew D.V., who was in 1942 shipped to the
concentration camp, from where he did not return. The company was nationalized and in 1943
it was purchased from NDH by J.P.
Having established economic cooperation with the enemy, the charges were brought against
J.P. and the former owner D.V., who would be called by the public announcement. 18 Because
of economic cooperation with the enemy as well as for the act from the verdict of the Military
Court in Osijek No 91/45 according to the judgment of the District People's Court in Osijek,
No. Kz-243/45, as a supervisory commissioner and later administrative commissioner, and
finally, from 1943, the owner of the furniture factory "Rex" in Osijek J.P. was sentenced to a
deprivation of freedom with hard labor for a period of 8 years and 5 months as well as to
confiscation of the entire property and the loss of political and civil rights for a period of 5
years.
Also he was sentenced to confiscation of all assets of the furniture company "Rex" in Osijek.
19
7. “RIS” – THE KNITWEAR FACTORY:
Before World War II the company was owned by Jews K.R. and O.R. After the establishment
of NDH the company was nationalized. In order to prove economic cooperation with the
enemy charges were brought against the owners K.R. and O.R.20
Because of economic cooperation with the enemy according to the judgment of the District
People's Court in Osijek, No. Kz-234/45, as a co-owner of the company "Ris" K.R. was
sentenced to deprivation of freedom with hard labour for a period of six months on probation
for one year. At the same time he was sentenced to confiscation of the entire asset of the
knitwear company "Ris" in Osijek as well as the wholesale haberdashery of short and woven
goods in Osijek. 21
Real estates, where the factories were located, were confiscated by court decision of the
District People's Court in Osijek, No. R-1739/46 and nationalized by FPRY.22
17
This confiscation, which was rendered to a Jew who managed to survive and return from Auschwitz upon
which he was convicted for economic cooperation with Germans, migh be the most absurd case among all
mentioned cases.
18
DAO, fund OJT, box No. 47, file 1/50, report of November 15, 1945
19
ibidem, report of November 30, 1945
20
ibidem, report of November 15, 1945
21
Ibidem, report of November 30, 1945
22
ibidem, report of December 3, 1946
8. SANATORIUM “BATORY - WEISSMANN”:
The co-owners of the sanatorium in Osijek were Dr. J.B. and Dr. K.W. The first was charged
for criminal acts of political cooperation with the enemy, and others for assisting the enemy.
Because of political cooperation with the enemy according to the judgment of the District
People's Court in Osijek, No. Kz-277/45, dr. J.B. was sentenced to force labor without
deprivation of freedom for a period of one year. Among other things, he was sentenced
because he bought off half of sanatoria, which was confiscated from a Jew K.W. by NDH.
The second accused dr. K.W. was acquitted because as a Jew he was persecuted by the
occupiers. That he was a doctor in the camp Jaska contains no output of the crime because
there in the camp were only Serbian and Jewish children.
The sentence also included confiscation of the whole sanatorium.23
9. “VIKTORIJA” – PASTEBOARD FACTORY IN OSIJEK:
Before the war, the factory was owned by V.L. in the proportion of 60%, and A.L. in the
proportion of 40%. A.L. was a Jew and his wife V.L. Austrian by birth, but declared herself a
Croat. During the war NDH nationalized A.L.’s part, but his wife purchased it in 1942 and
became the sole owner of the company.
Becasue of economic cooperation with the enemy charges were brought against V.L. 24
According to the judgment of the District People's Court in Osijek, No Kz-231/45, the
accused were sentenced as follows: V.L., and AL, against whom the charges on the main trial
hed been extended to economic cooperation with the enemy, were sentenced to deprivation of
freedom with hard labor for a period of one year, on probation for two years, and as a special
punishment they were sentenced to confiscation of all assets of the pasteboard company
"Viktoria".25
10. “MARA” – THE KNITWER AND UNDERWARE FACTORY OSIJEK:
Before World War II the company was the Jewish property. The owners H.K., D.K. and Dr.
P.K. were in 1942 sent to the camp, since when they were missing.
The company was nationalized and sold by NDH in 1943 to J.P., M.P. and S.V., and the same
year the part of J.P. was transferred to F.B.
The authorities brought charges against the former owners and they issued a proclamation to
report to the court. 26
According to the judgment of the District People's Court in Osijek, No. Kz-238/45 as a coowner of the factory of knitwear "Mara" in Osijek F.B. was sentenced for the economic
23
ibidem
ibidem, report of November 15, 1945
25
ibidem, report of November 30, 1945
26
ibidem, report of October 15, 1945
24
cooperation with the enemy to deprivation of freedom with hard labor for a period of one
year, on probation for two years. He was also sentenced to confiscation of all assets of the
company knitwear "Mara" in Osijek.
The defendant F.B. was tried in absentia, thus, a public call to report to the court was issued.
He was also appointed a counsel. 27
11. “MURSA MILL” PAPER GOODS FACTORY:
Factory "Mursa Mill" was before World War II owned by a Jew S.D. During the war the
owner remained in Osijek, where he was repeatedly arrested and released.
According to the decision of the District People's Court in Osijek, R-417/45, the factory was
returned to its owner.
Having established economic cooperation of the company with the enemy institutions,
charges were brought against the owner S.D. According to the judgment of the District
People's Court in Osijek, No. Kz-233/45, as the owner of "Mursa Mill" D.S. was accused for
the cooperation with the enemy and sentenced to one year of deprivation of freedom with
hard labor, on probation for one year. The sentence also included confiscation of all the
property of paper goods factory "Mursa Mill" in Osijek. 28 The sentence also included the
confiscation of property of the company paper goods, "Mursa Mill" in Osijek
12. “PATRIA” – CARDBOARD FACTORY:
Co-owners of the company were Dr. M.Š. in a ratio of 47.5%, D. B. in a ratio of 17.5%, and
O. T. in a ratio of 35%.
According to the decision of the District People's Court, No. R-185/45, parts of assets were
returned to Dr. M.Š. and D.B., and a part of the late O.T was committed to the management of
D.B. as the testamentary heiress.
The public persecutor of Osijek District supervisory filed an appeal against this conclusion
number G-779/45, and examined the company's business during the occupation. 29
According to the judgment of the District People's Court in Osijek from November 24, 1945,
No. Kz-242/45, R.M. from Osijek, as the owner of the furniture shop “Božić”, and J.S from
Osijek, as the owner and manager of "Patria" cardboard factory, were accused of economic
cooperation with the enemy and sentenced to deprivation of freedom with hard labor, each for
a term of 3 years and 3 years of loss of civil and political rights. The sentence also included
confiscation of all property of "Patria" and "Božić" company.
The charges against Dr. M. Š. and D. B., who were charged as being co-owners, was
dismissed and the two of them were released. R.M. and J.S. were tried in absentia, provided
27
ibidem, report of November 30, 1945
ibidem
29
ibidem, report of November 15, 1945
28
that a public call was issued.30 Property belonging to the factory were confiscated by the
decision of the District People's Court, No. R-1931 / 45.31
13. OSIJEK FACTORY OF SWEETS AND CHOCOLATE JOSIP OREŠKOVIĆ:
Before the war the company was Jewish property, in one half of the E.K. and the second half
of Lj.K. and M.K.
On April 10, 1941 J.O. bought the part of E.K. In 1942 NDH nationalized parts of minors
Lj.K. and M.K., and the same year J.O. purchased it from the state. According to the
judgment of the Court to protect national honor of Croats and Serbs in Croatia, No. Kz-54/45,
J.O. was sentenced for engaging in commercial collaboration with the enemy and for
grabbing Jewish property. According to the decision of the District People's Court in Osijek
half of the company was returned to Lj.K. and M.K., and the second half to L.T., the daughter
of the late co-owner E.K.
The District Attorney of Osijek County filed a supervisory appeal against that decision
claiming that this half was purchased on the basis of free contract and that it should not have
been allowed for it to be recovered to the heiress of L.T., because this half became the
property of J.O. based on valid legal transaction. 32 At the hearing, it turned up that J.O. also
became the owner of the other half of the company based on valid legal transaction.
In fact, even before the part of minors Lj.K. and M.K. was nationalized there had been an
agreement between them and J.O. (who was their stepfather) on the purchase of their parts.
The opposition could not register the contract in the Land Registry Office and in the
meantime, NDH nationalized this company as being Jewish. On the basis of previously
reached understandings with co-owners O.J. bought that part from NDH.
On September 28, 1945 an appeal was sent to Zagreb.33
In all documents relating to the Osijek factory of sweets and chocolate it is pointed out that
the confiscation was carried out according to the verdict of the Court to protect national honor
no Kz-54/45, which we have previously mentioned. It would certainly be interesting to find
out how this legal dilemma was resolved, whether the plant was returned to the previous
owners or it was confiscated. It is deliberately said "that a legal dilemma was resolved"
because it is well known what the situation in reality was, the factory was confiscated.
14. “OSIJEK FACTORY OF BRUSHES SIVA”
Before the war, the company was owned by Jews K.A. and S.V., who during the occupation
were taken away and disappeared. Half of the company was returned to the widow of the late
co-owner S.V., and regarding the second half of the company a proceeding was held before
30
ibidem, report of November 30, 1945
ibidem, report of December 3, 1946
32
This is of course not a question of any altruism, but the desire to consolidate the ownership of a person which
had already been accused of economical cooperation with the enemy.
33
PAO, fund OJT, box 47, file No. 1/50, report of November 30, 1945
31
the County People's Court in Osijek in order to restore the ownership right to the children of
the late co-owner K.A.34
According to the judgment of the District People's Court in Osijek, No. Kz-241/45, the
defendants D.S. and J.S., as trustees who managed the overall operation and performance of
the company "Siva", were accused for the crime of collaboration with the enemy, thus
sentenced to deprivation of freedom with hard work for a period of six months, on probation
for one year. The sentence also included confiscation of all assets of the company of brushes
"Siva".35
Confiscation of the factory was made according to the judgment of the District People's Court
in Osijek, No 241/45, and the verdict was final. Property belonging to the factory were
partially registered as the property of NDH, and the part which was registered as the property
of the company "Siva" was placed in the confiscation proceedings before the County People's
Court in Osijek, No. R-1737/45.36
5. CONCLUSION
As seen from the above examples after the Second World War new authorities regarded the
property of Jews in the same way as the property of all other owners. Companies or craft
workshops owned by Jews were nationalized during the NDH and sold or assigned to the
management of new owners or persons and they normally continued with their operations
during the war. According to the interpretation of the new government they committed a
crime of cooperation with the occupier thus had to face the law. With fewer prison sentences,
often on probation, they were also sentenced to confiscation of individual factories or craft
workshops.
The authorities have initiated proceedings against the owners who had bought the nationalized
factory during the NDH, the manager who was appointed by the government of NDH, but
also, just in case, against former owners from whom the property had already been seized by
NDH.
It is ironic that in the case of Osijek Jews it was mostly about people who were in time of war
taken to concentration camps by the government of NDH or German troops, who were from
when missing. To accuse such persons of collaboration with the occupier is at least ironic and
possibly morbid. Such a performance of the new communist government in Osijek, but also in
the rest of Croatia, shows that their only desire was to nationalize valuable assets of
individuals, while at the same time ignoring any moral dilemmas.
6. BIBLIOGRAPHY
a) Crnić, J., (1991), Kako vratiti oduzeto nacionalizacijom, konfiskacijom, agrarnom
reformom [How to reclaim the property seized by nationalization, confiscation and
agrarian reform], Official Gazette, Zagreb
b) Lakatoš, J., Industrija Hrvatske i Slavonije, Zagreb
34
ibidem, report of November 15, 1945
ibidem, report of November 30, 1945
36
ibidem, report of December 3, 1946
35