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Your Majesty Your Excellencies Messieurs Ref. The UN background, the demand of F. R. Germany for the permanent membership in the Security Council, the Security Council, European Parliament and Council. I kindly ask you for your attention to this document. FACTS AND TRUTH ON SFR YUGOSLAVIA SFR Yugoslavia did neither attack any other country, hence nor FR Germany, nor was a treat to any other country including French Republic, FR Germany, United Kingdom of Great Britain and Ireland, United States of America and all other NATO state members. SFR Yugoslavia, as the successor of the former Yugoslav states, was established by Yugoslav peoples and not by its republics (The first sentence of the Constitution of SFR Yugoslavia, in the Merrick, New York 1976 edition, p. 13). The Constitutions of all Yugoslav republics, as they themselves, were accepting the Constitution of the F. R. Yugoslavia as the basic legitimate document. The former were in the full agreement with the latter (Article 205, Constitution of SFR Yugoslavia, p. 92). However, SFR Yugoslavia and its Constitution did not give any right to the Yugoslav republics for their separation, for their secession from the Federation. It was the inviolable and inalienable right and duty of the nations and national minorities of Yugoslavia and of its citizens to protect and defend the independence, sovereignty, territorial integrity and the social system of the SFR Yugoslavia established by its Constitution (Article 237, Constitution of SFR Yugoslavia, p. 99). The Assembly of the SFR Yugoslavia was the supreme organ of power within the framework of federal rights and duties. (Article 282, Constitution of F. R. Yugoslavia, p. 120). Kosovo and Metohiya, and Voyvodina have been parts of S. R. Serbia (now R. Serbia) (Article 1 of the Constitution of SFR Yugoslavia, p. 28). "The boundary of Socialist Federal Republic of Yugoslavia cannot be changed without the agreement of all republics and autonomous provinces" (The third passage of the Article 5 of the Constitution of SFR Yugoslavia). The Serbs were minority among soldiers in the federal Yugoslav People's Army in Slovenia, Croatia, Bosnia and Herzegovina, and Macedonia. They were minority in the federal army troops in Slovenia that accused falsely Serbia and the Serbs for not existing aggression. Serbs officers were substantial minority among the chief commanders of the federal Yugoslav People's Army 1980 - 1992. R. Serbia and the Serbs were wrongly accused for dominating the Federal Army. The Serbs were one of the two constitutive peoples of the S. R. Croatia ("The basic principles": Article 1 of the Constitution of S. R. Croatia). As such, they decided freely by referendum (with the majority exceeding 80 %) not to separate from SFR Yugoslavia. The S. R. Croatia changed its Constitution by ignoring and neglecting completely the constitutional rights of the Serbs. Republics of Slovenia and of Croatia decided to separate anti-constitutionally from SFR Yugoslavia. Such change of the Croatian Constitution, the separatist Croatian decision, and the Croatian Government ignorance of the result of the Serbian referendum forced the Serbs to remind themselves of the fascist crimes committed against their parents, cousins and friends by HITLER protected Independent State of Croatia that massacred about eight hundred thousands of innocent Jewish, Rome and Serbs in one of many camps - in Yasenovats, more than 80% of whom were Serbs (1941 - 1945). Republic of Croatia justified and approved the fear of the Serbs by expelling several hundred thousands of Serbs from their Parentland (1995). Occidental reactions were only favourable. (For details see the document "REQUEST FOR HONEST EQUAL RIGHTS SOLUTION" with fifteen appendices, of May 16, 2003, which was signed by three hundred thirty persons, available at www.truth-action.com/people, and the document " WE ARE ASHAMED AND WE REQUEST" of March 19 through 21, 2004, which has been signed so far by six hundred seventy one persons, available at www.freeserbs.org/petitions/2004-03-06. Both documents were sent to you and/or to your state institutions and/or to your predecessors). The Serbs were one of the three constitutive peoples of the S. R. Bosnia and Herzegovina. As such, they decided freely by referendum (with the majority exceeding 90 %) not to separate from SFR Yugoslavia. The Croat - Muslim dominated Government of Bosnia and Herzegovina and the international community ignored the Serbian referendum. The Muslims and the Croats in Bosnia and Herzegovina decided to separate anti-constitutionally and forcefully the whole Republic from SFR Yugoslavia. The Muslims and Croats started the war in Bosnia and Herzegovina by committing crimes against the Serbs (Sarayevo, Bosanski Brod and Syekovats, 1992. For details see the documents "REQUEST FOR HONEST EQUAL RIGHTS SOLUTION" and "WE ARE ASHAMED AND WE REQUEST"). These events forced the Serbs in Bosnia and Herzegovina to remind themselves of the crimes committed against their parents, cousins and friends by the Government and army of the fascist invaders of the HITLER Germany and of the Independent State of Croatia (1941 - 1945). The Serbs were forced to defend themselves. They did not start war in any part of SFR Yugoslavia (1991/1992). The UN did not permit any military action against SFR Yugoslavia. FR Yugoslavia was pacific state. Serbia and Montenegro, and R. Serbia have been, pacific countries. FR Yugoslavia and R. Serbia were free and independent until NATO bombing 1999. French Republic, FR Germany, Great Britain, United States of America, and all other NATO state members were well recognising them, hence their Constitutions. FR Yugoslavia did not attack, Serbia and Montenegro, and R. Serbia have not attacked any country, hence neither French Republic, FR Germany, Great Britain, United States of America, nor any other NATO state member. Kosovo and Metohiya, and Voyvodina have been inseparable parts of SR Serbia and of its successor R. Serbia. ( Article 6 and Section VI of the Constitution of R. Serbia). "The territory of the R. Serbia is undivided and inalienable. The fascist state of the Great Albania invaded the South West part of Serbia - Kosovo and Metohiya - and imposed the inhuman occupation (1941 - 1945). This resulted in a more than hundred fifty thousands of expelled autochthonous Serbs and more than hundred thousands of Albanian Nazi protected invading newcomers to Serbia. The national minorities enjoyed freely in Serbia all human and national rights guaranteed by the UN Charter and by the international conventions. They were greater than in any NATO state member country. They were much greater than those that the national states of the same national minorities have been ensuring to the Serbian national minorities therein. Serbia was admitting (after 1948) thousands of Albanian immigrants to Kosovo and Metohiya in order to save them from the Stalinist dictatorship of Enver HOJA. Serbia was enabling the Albanian immigrants to live in freedom, to become its citizens with equal political rights and employment opportunities, full social and health security, cheap good state owned apartments, and free of charge scholarship for education in their native language. They enjoyed children financial support by Serbia equally as all other citizens as long as the support existed. The Albanian birth rate in Kosovo and Metohiya has become the highest in the world. The Albanian terrorists have been committing the permanent aggression against the Serbs since the Second World War. They were forcing Serbian families to flee from their homes and properties in order to get ethnically clean Albanian region and then to separate Kosovo and Metohiya from the other part of Serbia. The artificially granted autonomies to Kosovo and Metohiya, and Voyvodina were changed legally and legitimately by the valid legitimate decisions of their Assemblies (1989). The Serbs did not expel the Albanian people. The Serbs did not commit the so called massacre of civil Albanians in Rachak (1999). However, the Serbs were falsely accused by NATO, in particular by the CLINTON's USA Government, in order to justify unjustifiable NATO bombing Serbia and Montenegro, in order to hide the truth that the Albanian exodus had started only the third day of the bombing and that NATO planes bombed not only the civil Serbs and other non-Albanian civil people but also civil Albanians (1999). NATO heavy bombing of Serbia lasted continuously 78 days and nights by killing more than thousand five hundreds of innocent people including children (see www.truth-action.com/people). It destroyed largely the country. It was led by CLINTON's Government of the USA with the main participation of the army forces of French Republic, FR Germany and Great Britain. The fully unjustifiable NATO bombings (1995 and 1999) with the depleted uranium have been sowing continuously everyday death in Republic Srpska and Serbia. The bombings destroyed their industrial structure, civil objects including schools, hospitals and churches, as well the historical cultural heritage. The Albanian terrorists, partially organised by Mujahedeens and instructed by Bin Laden, who came freely to fight in Bosnia and Herzegovina and in Serbia - Kosovo and Metohiya, partially instructed by the USA military experts, have become protected, sometimes even indirectly supported, by the unbelievable KFOR passivity against their terror. The Serbs have been expelled almost completely (more than two hundred fifty thousands) from Kosovo and Metohiya. Their ancient invaluable and internationally appreciated monuments, churches, monasteries, as well as homes and other private properties, have been destroyed in the presence of the international UN troops. Their celebrated Christian frescos and natural richness of their mines have been robbed articles on the black market. The industrial and thermal plants built by the financial investments of the people of Serbia are now robed and property of the Albanian invaders. The armed Albanians have been massacring almost every day innocent civil Serbs, often children, (more than three thousands only after the NATO bombardment 1999) in the presence of the international, so called peacekeeping, UN troops led mainly by the Governments of USA, FR Germany and French Republic. The Albanian escalating terrorism has re-become its fascism against the Serbs and other non - Albanian people in Serbia, in particular in Kosovo and Metohiya. Its strong intensification, which re-blazed up on March 17, 2004, has been only formally verbally condemned by the UN and its Security Council. It has been continuously reinforcing. It has continued to expel or kill Serbs and other non-Albanian people including children, to destroy further Serbian monuments and properties. The goal is the complete elimination of all proves, signs and indications that Kosovo and Metohiya is the Serbian ancestor land, and the realisation of the Albanian fascist dream - Kosovo and Metohiya inhabited exclusively by Albanians and its secession by all means from Serbia. The Albanian occupational government has been re-established in Kosovo and Metohiya - sixty years after the defeat of the HITLER supported fascist Great Albanian invasion on this part of Serbia! In spite of all these facts, the Occidental Governments, the Security Council and the European Parliament, continue unbelievably to force the Serbs to accept and to obey, in such fascist manner created, the Albanian occupational Government, rather than to halt the Albanian fascism and to respect the UN Charter, the International Law, the antifascist devotion of the Serbs and sovereignty of R. Serbia over Kosovo and Metohiya! " Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security." " For the first time in centuries, we Germans are no longer a source of strife on the agenda of Europe. Our unification was not forced on Europe; rather, it was achieved in peaceful agreement. It is part of a common historical development, one which assures nations their liberty and which can overcome the division of our continent. We Germans in particular want to contribute resolutely to this process and have a special obligation to do so. Our unity is dedicated to it. In doing so, we fulfill the mandate of our constitution together." "The German people therefore acknowledge inviolable and inalienable human rights as the basis of every community, of peace and of justice in the world." "1. The Federation shall establish Armed Forces for Defense purposes. Their numerical strength and general organizational structure shall be shown in the budget. "Aber das Engagement im Kosovo entsprach unserer gewachsenen internationalen Verantwortung, nachdem wir unsere nationale SouverÔnitÔt zurìck erlangt hatten. Und es war klar, dass ohne ein militÔrisches Engagement unsere politischen Initiativen (Stichwort: Balkan-StabilitÔtspakt) keine Aussicht auf Erfolg gehabt hÔtten." "But the engagement in Kosovo corresponded to our increased international responsibility, after regaining our sovereignty. And it was clear, without the military action our political initiatives (Under title: Balkan - Stabilisation Pact) would not have any chances for success." "The bombing campaign -- 15,000 bombs and missiles so far -- is working", The FR Germany was recognising SFR Yugoslavia and FR Yugoslavia, hence their Constitutions. This obliged FR Germany to restrain of both any anti-constitutional action in these states of Yugoslavia and any support to such an action. The state authorities of the FR Germany were kindly appealed (July 5, 1991: Attachment 1 herein) to support legitimate pacific and democratic resolution of the Yugoslav crises and, therefore, to respect the Federal Assembly as the only competent institution to lead constitutional changes. The German Bundestag acknowledged (after three weeks) receipt of the Appeal. Besides, the state authorities of FR Germany were kindly asked to support the honest, equal rights based, legitimate pacific solution of the Yugoslav problems (the document " REQUEST FOR HONEST EQUAL RIGHTS SOLUTION", and the document " WE ARE ASHAMED AND WE REQUEST". The state authorities of FR Germany acknowledged receipt of the latter.) Unfortunately, the Governments of FR Germany have been acting oppositely to these appeals. Let this be briefly illustrated. FR Germany has violated the UN Member duty (Point 4, Article 2, Chapter I, UN Charter) to refrain in its international relations from the treat or use of force against the territorial integrity and political independence of any state, which in this case were SFR Yugoslavia, FR Yugoslavia, Serbia and Montenegro, and R. Serbia. FR Germany was acting as enemy against SFR Yugoslavia, FR Yugoslavia, Serbia and Montenegro and R. Serbia by recognising and supporting anti-constitutional secessions of Slovenia and Croatia from SFR Yugoslavia, by forcing the Occidental Governments to recognise these secessionist Republics of SFR Yugoslavia as sovereign and independent states, and by participating in bombing the innocent people in these countries and states in order to destroy the Serbs and their lands, thus acted again as enemy against a Yugoslav state - SFR Yugoslavia, and against FR Yugoslavia, hence against R. Serbia- in the sense of enemy defined in Point 2, Article 53, Chapter VIII of the UN Charter. FR Germany has been acting against peace and humanity by supporting the anti-constitutional annihilation of the peaceful and antifascist SFR Yugoslavia, which caused the civil war and crimes in the country, by participating in the bombing the innocent people, and by supporting the Albanian fascist occupation of Kosovo and Metohiya. FR Germany has been violating: ° its own Constitution by participating in the bombing the Serbs and their ancestor lands, and by destroying their liberty and peaceful life for the third time in less than hundred years, by imposing the power of military occupation against the people of R. Srpska and of Serbia and Montenegro, hence of R. Serbia. ° the devotion of the German people as stated by the first President Richard von Weizsacker after the Germany re-unification (cited above) by participating in NATO destruction of: - independence, sovereignty and territorial integrity of the antifascist SFR Yugoslavia, which was the first important international engagement of FR Germany after its re-unification, - independence, sovereignty and territorial integrity of the antifascist both FR Yugoslavia, and Serbia and Montenegro, in particular of R. Serbia, - by participating in the NATO forceful setting the people and the state institutions of the Serbia and Montenegro, and of R. Serbia into the deep humbling and humiliating vassal position, - by participating in the NATO support to the recovery of the Albanian fascism and its occupation of the Serbian cradle - the South West part of Serbia - Kosovo and Metohiya. The current demand of the FR Germany to become a permanent member of the Security Council ° in spite of all its enemy actions against antifascist states of SFR Yugoslavia, FR Yugoslavia and Serbia and Montenegro, in particular against R. Serbia, and against the Serbian people, and ° in spite of its support to the recovery of both HITLER founded Albanian fascism and its Great Albany occupation of Kosovo and Metohiya, is an additional illustration of the German Government inability and/or the lack of readiness and/or its misunderstanding of the obligation to obey the UN background. Its reference to the German all over great current power reminds of Germany of 1938 and of all what it caused later. Such German Government's reference sounds as its full ignorance of the UN fundamental: the permanent elimination of the fascism world-wide. FR Germany has failed to prove its determination to the fundamentals of the UN (as stated in the Preamble of the UN Charter) ° to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind caused by German states, and ° to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and ° to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and ° to promote social progress and better standards of life in larger freedom. FR Germany has violated the following basic obligations of all UN members (Preamble of the UN Charter) rather than to prove that it has become ready and fully able This document is a trial not only to assist the UN, European Parliament and European Council, but also to help the state institutions of the FR Germany to face honestly and bravely what they have been doing, to halt its support to the recovery of Albanian and other fascism against the antifascist Serbian people, and to lead the FR Germany faithfully to antifascism by expressing the devotion of the current generations of the German people, rather than to betray its own people and to ignore the noble faith of the Allies obtained for its pacific unification. The KOHL Government of FR Germany influenced substantially the Governments of member states of the Security Council - of French Republic, Great Britain, and in particular acted as a challenge to the CLINTON Government of the United States of America relative to the influence in Yugoslavia. They and the European Parliament and Council joined the FR Germany in violating the cited UN principles equally as FR Germany. Passivity of Russia and PR China, their reluctance to assume an initiative in the Security Council against the support to terrorism escalating into fascist movements and military operations undertaken against the antifascist Serbs were helpful to the former. If the Security Council, the European Parliament and/or the European Council continued that way by supporting the re-established Albanian fascism instead of halting it, instead of re-recognising and re-respecting the full sovereignty and independence of Serbia and Montenegro, hence of R. Serbia over Kosovo and Metohiya, instead of re-recognising and re-respecting the equal human and national rights of the Serbs in their ancestral lands, then the Governments of the member states of the Security Council, the European Parliament and/or the European Council would betray the noble and courage antifascist warriors from their own peoples and from other nations, who devoted their lives to liberate the humanity of fascism, and they would destroy the UN background. With the hope that the Governments of the member states of the Security Council, the European Parliament and the European Council will restart to act in the full sense and spirit of the UN background, the UN Charter, the UN principles, the International Law and the antifascist devotion of their peoples, and that the Government of FR Germany will be permanently faithfully devoted to them and will be acting accordingly, I am in advance grateful to you and I stay Belfort, France, October 10 - 13, 2004 With deep respect, Lyubomir T. GRUYITCH
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