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There are so many misunderstandings about the issue of restitution in Poland that arise either from ignorance or ill will. I will try to shed some light on it [THREAD] jewishnews.timesofisrael.com/jewish-peer-cl…
1) #TerezinDeclaration is a non-binding political document and it cannot be perceived as creating rights and obligations under international law; it's a set of good practices regarding "Holocaust Era Assets and Related Issues";
2) After #WW2 Poland did not close the legal path to compensation for eligible persons, anyone who has lost his property had and has the opportunity to assert his property rights by way of civil claims;
3) And BTW we have learnt recently that Polish courts were quite forthcoming on these issues. To the extent that they recognized the claims “filed” by 130-year-olds;
4) Poland ensures the restitution of property of Jewish religious communities or compensation from the state budget. $24 million has been allocated to Jewish religious communities so far;
5) As for so called “Heirless property”, this has been addressed in line with commonly recognized legal standards: transferred to the municipality where the deceased last lived, or to the state;
6) On top of that, the regime imposed by the Soviet Union brought nationalization and other forms of property seizure. In Poland, the question of restitution is extremely complicated. Reducing it to the issue of Holocaust victims is a simplification;
7) Poland, at its own initiative, tried to satisfy claims from foreign nationals deprived of property, too. Between 1948 and 1971 Poland entered into so-called indemnization agreements with 14 states, agreeing to transfer considerable funds to compensate for lost property.
8) So overall the #TerezinDeclaration principle of "a fair, non-discriminatory manner with relevant national law and regulations" has been observed. To conclude:
9) A) Jewish communal and religious property has been restored, B) legal path for civil claims has been opened, C) and the "Heirless property" has been treated as it should have been everywhere. #END
