A decisive blow to the Lithuanian regime: The so-called âNationalization of the land of Lithuaniaâ was never declared, being a pure propaganda lie of the regime
The âLaw for restoring the property rights of the Lithuanian citizens to their still existing real estateâ, which had been adopted solely for the simple reason that the property rights, which had allegedly been abolished by the so-called âdeclaration of nationalizationâ of July 22, 1940, had to be ârestoredâ, has, as a matter of fact, neither a legal basis nor any basis at all, it is, instead, seriously and systematically violating the property rights of the lawful owners of real estate, being an unlawful, but cleverly designed construction in order to give the regime the possibility to plunder the real estate of lawful owners.
It should not go unmentioned that the Lithuanian contrivers of this really âvery specialâ law simply forgot, as it seems, to delete from the preambula to this âlawâ this tell-tale sentence âThe parliament of the Lithuanian Republic, …stressing, that the property rights of the citizens of the Lithuanian Republic, having been acquired prior to the occupation, have not been abolished and continue to exist …â, which proves that property rights, which have not been abolished and have continuing existence, cannot be ârestoredâ, this is a legal absurdity.
In the context of the continuing existence of property rights it has to be stressed that the Grand Chamber of the European Court of Human Rights, May 2, 1998, had decided in the case of Vasilescu v. Romania (Nr. 27053/95):
âThe European Court of Human Rights establishes that the fact that the property of the complainant â several decades before â had been confiscated de facto, did not take away from her the right to defend her violated property right, and the property right, as one of the fundamental civil rights, must be protected by the Courtâ.
The so-called âPeopleâs Dietâ was an organ of an unlawful occupational regime. In accordance with constraining international law, from which states must not deviate, all acts adopted by organs of an unlawful occupational regime are null and void from the beginning. Under international law this means that such acts were never adopted or declared!!!
As a matter of fact the so-called âDeclarationâ was a declaration of intent, mentioning and having in mind only the farmers of Lithuania, intending to introduce a land reform (never got underway, though), allowing each farmerâs family to own 30 hectares of land.In this context this essential sentence from that âdeclarationâ must be quoted:
â All kinds of attempts to interfere with the personal property of the farmers or to force upon them the organization of kolkhozes against the will of the working farmers, will be punished severely for causing great harm to the interests of both the people and the state.â
It goes without saying that an allegedly nationalized (confiscated) property cannot at the same time in the same document be explicitly be approved as âPersonal Propertyâ. Consequence: That âdeclarationâ did not mean a nationalization of land, but only a declaration of intent as concerns a future land reform.
Apart from the aforesaid, a decision of the International Law Court states that âall states of the world must not recognize the validity of any acts adopted or performed by organs of an unlawful occupational regime in, for or on behalf of an illegally occupied country, and to consider such acts null and void from the beginningâ. (Source: ICJ-Reports 1971, 16)].
The United States did not recognize the legality of any acts or decrees passed by an unlawful occupational regime (Hyde, Ch. Ch.: International Law. Chiefly as Interpreted and applied by the United States, Boston 19472, vol. II, p. 1534)
In this context decisions by so-called âPeopleâs judgesâ concerning de facto expropriations of real estate of lawful owners are also regarded as ânull and void from the beginningâ. The Grand Chamber of the European Court of Human Rights , on July 28, 1998, stressed in the case of Loizdou v. Turkey (Nr. 15318/89) that â exceptionally – international law recognises the legitimacy of certain legal arrangements and transactions in such a situation, for instance as regards the registration of births, deaths and marriages, “the effects of which can be ignored only to the detriment of the inhabitants of the [t]erritoryâ.
For these reasons the Lithuanian regime is obliged to -
either oblige those persons, who occupy the real estate of lawful owners, to pay the lawful owners a financial compensation in accordance with the market price plus a financial compensation for many years of using this property illegally, both within six months or return to them their real estate âin naturaâ, also within six months,
or to pay those lawful owners of real estate, who have not accepted the financial compensation offered or allocated to them by state institutions, a financial compensation in accordance with the market value within six months (based on the evaluation of an expert of real property).
The judges of the Lithuanian Constitutional Court had, among others, maintained in their decision of September 11, 2013 that â allegedly- the government methodology of calculating the value of landed property could not be altered, as part of the property owners had already accepted the compensation offered to them, and that, therefore, their rights would be violated. However, when basing oneself on such kind of âlogicâ, abolishing capital punishment would likewise be unjust in respect of those, who had previously already been executed.
Citizens, who had received financial compensations, were not forced to accept this form of compensation unconditionally and at once. For a part of these citizens the evaluation of their real estate, many years ago, seemed acceptable and they gave their consent to the respective conditions.
There were even cases, in which the government methodology to calculate the value of their landed property, had turned out to allocate to them even more than the real value.
Please note: Even when not returning the real estate to the lawful owners âin naturaâ, the Lithuanian regime would have been obliged to demand from those persons, to whom institutions of the state âsoldâ the real estate of lawful owners practically free of charge, a purchasing price according to the market value, after which these state institutions would have been obliged to hand over the purchasing price to the lawful owners. As this was not done, because the ânew ownersâ, being mostly trustworthy communist party comrades, were not meant to pay any money for the real estate of the lawful owners, the current regime has the obligation to compensate the still remaining lawful owners of real estate the full market price.
Translation of this document:
Kaunas, August 1, 1940 Nr. 721âŠ
Acting for the president of the republic, the prime minister hereby proclaims
the declaration, which had been adopted by the Peopleâs Diet on July 22, 1940 declaring the (farm)land the property of the whole nation, i.e. the property of the state:
Declaration proclaiming the (farm)land the property of the whole nation, i.e. the property of the state
The Lithuanian farmer has fought for centuries for his land and freedom. He has tried to free himself from poverty and lawlessness, from the terrible oppression by the estate owners as well as from the arbitrariness of the ruling classes. In this fight a huge number of the best sons of the Lithuanian people died. In the memory of the Lithuanian people there is alive a number of illustrious and heroic names.
After shaking off the yoke of the landowners, the people were expecting to create better conditions of life for themselves. However, the Lithuanian capitalists, as soon as they had taken over power, were also oppressing and plundering the farmers. The farmers were almost perishing on a small plot of farming land or even without any farming land at all, oppressed by loans and negative interests, being heaped on the farmers on all possible occasions. Farmers were losing their land without any hope left, the land, which had been watered by the sweat of their fathers and forefathers. This land was made the object of infamous speculation by the rich. New estate owners and parasites appeared, but the farmsteads of the working farmers were plunged into poverty and dire need, being left without bread and shelter, without education and culture.
Several times the Lithuanian farmers rose against the joke of the new exploiters. The best sons of the people were standing united under the red flag of the workers and farmers, the flag of communism. A great number of them, like Karolis PoĆŸela, died as heroes in this unequal struggle. And once again the oppressed, humiliated, defenceless working people were forced to retreat, when faced with the armed troops of the old regime, however, retaining the hope and the conviction of near victory.
Now an end has been put to the nightmarish past. The workers themselves have become the masters of the liberated Lithuania. The time has come for the fulfilment of the dreams of our fathers and forefathers, when the working people would create for themselves and for their children a bright and happy life, being based on the new Soviet government.
By declaring the will of all working people and being guided by the vital interests of the working farmers, the Peopleâs diet proclaims the whole (farm)land of Lithuania with the ground below, all forests and waters belonging to the people, i.e. to the state. From today the (farm)land belongs to those, who till it.
The Peopleâs diet decides to set a norm for the farmstead of farmers, limited to 30 hectares for each farmstead in the whole of Lithuania, whereas the areas of the farmsteads of farmers, exceeding this norm, fall into a state land fund, whose aim it is to help the farmers without any land and the farmers, who have little land, to acquire (farm)land.
The whole (farm)land, which is from now on in the hands of the agricultural workers and the farmers, as well as the (farm)land, which will be given to those, who have no (farm)land and to those, who have little (farm)land, is confirmed to be for the eternal use of the farmers.
All kinds of attempts to interfere with the personal property of the farmers or to force upon them the organization of kolkhozes against the will of the working farmers, will be punished severely for causing great harm to the interests of both the people and the state.
Striving to alleviate the status of the farmers, the Peopleâs diet decides, to exempt the farmers from all land acquisition taxes in accordance with the formerly implemented land reform. At the same time the Peopleâs diet mandates the government to consider the question of the possible means of alleviating the farmersâ condition in connection with all remaining credit obligations hampering the farmsteads of the working farmers, also, to consider the questions regarding the abolishment of unjust taxes as well as regarding the means of alleviate the tax load for the working population.
In order to emphasize the historical day, the proclamation of Soviet rule in Lithuania â July 21 â the Peopleâs diet decides to exempt the working farmers from the payment of outstanding taxes, and also from all administrative charges for late payment.
Providing the farmers with no land and the farmers with little land with farmland by assistance of the state means the end of hunger and misery, which had all the time accompanied the economic dominance of the estate owners and the capitalists.
Long live the working people of Soviet Lithuania â the one and only master of all the land!
Long live the firm union of the workers and the farmers!
Acting for the president of the Republic
Prof. V. Kreve Mickevicius
Deputy prime minister
Kaunas, July 26, 1940