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About Marjan Cernezel
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Suffering the Injustices of the Slovenia Courts
I was born on 05.12.1949 in small town Ptuj in ex Jugoslavia. My mother was a housewife and my father was an engine-driver on train. My mother died by canser when I was sixteen years old, my father remarried in different town, so most of my teenage years I lived allone. I had finished my school on my own. I have two brothers, and they halped me so far, so I finished my school. When I was finished military service, I was employet in State service- that was the year 1969, but on 01.01.1971, I begun my handicraft and my brothers had helped me with that becouse they are older that me and bouth of them had their own handicraft. In 1974 I got married and I have three doughters. Me and my wife were very hard-working, we had good times and bad times, but we created a beautifull fammily and some property.
In this handicraft we were making a lot of diferent metal products for different markets in ex Jugoslavia, and I can say that we lived very well. If eaven then was a communism, we lived god. I was running a business with big Firms in car-industry. We were making for military too. Basicly, I was in tuch with marketing people. In the year 1989, when our sistem has finally allowed a privat commpanies(Privat Firms), me and my wife established the Firm named Kovinar d.o.o., and in the year 1990 we bought a business building in Ptuj where we were running business with production and with smoll market shop.
And then came the year 1991. The Jugoslavia has fallen apart and everyone in Slovenia agree abouth independent, but no one did not thought that politics is playing with our thrust. As independent Slovenia, everyone lost all of our markets in Jugoslavia. In the Jugoslavia were 22 milion people, in Slovenia 2 milion- and we were the most developed Republic in ex Jugoslavia. After the Slovenia was independent, the Firms were falling apart one after another-that were State-Firms. My own Firm has sold marketing products to the State-Firm named Jeklotehna d.d.(stock society).In 1990 we sold to them some tehnics goods with the sum of 20.000,00 $ USD. I must tell you that then we take on lease the credit for working capital, this is for turning over the goods-purchase and sell, becouse our capital we spended by buying the business building. The Firm Jeklotehna d.d.did not settled money for the goods that we sold to them, so we could not pay back the credit to the Bank. In the year 1991 the rates(interest) went mad on our Banks. I still have a credit contract, so I can proof you that in 1991 the yearly rates were 400 % and the change for money was dinar:tolar;1:1(DIN:SIT-1:1) and simultaneously the depreciation for 300%. If you did not have foreign currency stipulation in your contract, witch was connected on German currency-Mark(DEM), then they did not confes you the depreciation. My Firm did not have the contract with Jeklotehna d.d., becouse we had their order with formal mark for this goods witch we gave to them, so we on formal did not have to have the contract.
Becouse the Jeklotehna did not pay us for the goods, in 1990 we gave the complaint for exact debt on the Court in Maribor-where is the seat of the Jeklotehna d.d.. It was given the executive proposal, that is seizure becouse it was not have to be judgment, becouse we had all of the facts with peoofs that they get our goods .
The Court has taken for six years to edit the conclusion abouth exact money on the Jeklotehna d.d. account, but they did not have those money on their account becouse they had blockade from different sides of creditors. The Courts were protected the State Firms and that is why they took six years to edit the conclusion. So it happent that on September the Jeklotehna d.d. went in concourse(bankruptcy) and that exactly 2 monaths after the lowfull conclusion on witch the Jeklotehna d.d. should pay us the debt.
The very important abouth the proprietor of Jeklotehna d.d. is, that it was in the proprietor of three funds of State and those three founds gave the Jeklotehna d.d. in to bankruptcy(I have all of the documents(proofs) abouthh this so there is no dilema, becouse the proprietor of Jeklotehna d.d. was the State and the State still exist, so they must pay me that money that they owe it to me). I should go back in time so I can tell you something more.
In the year 1991 after the Jugoslavia has fallen apart, we lost all of the work concerning on production that we were working for this part of the State Jugoslavia. We had to shut off the production, becouse we did not have any buyers any more. So we concetrated on small market shop that we had in our business building in old part of the town Ptuj.
I allready told you that in the year 1991 the Banks has 400% rates, so you could not pay the capital of the credit. You could pay the rates only, becouse it were big. In the year 1992 for the World Banks notion, our rates were understandable. That were the rates, that was changing monathly and this is little r and big R and those two (r,R) were connected on German Mark(DEM). Every monath the rates were nailing on capital and again rates on rates, so in the end of the year, you owe to the Bank allmost 1000% more. Eaven today, when the inflation is formal under 10% they are still having some fictitious formula TOM + %, so the rates are still exceeding over 25% yearly.
Becouse we could not get those money that the State(Jeklotehna d.d.) owe it to us, we gave in the complain on the Court in Ljubljana(Ljubljana is the Cape town of Slovenija)where is the seat of the State of Slovenia. In the year 1999 we loose the complainn on the first degree with explenation- the State do not have to pay us . With selling the property of Jeklotehna d.d. they pay back to the Banks, but for us small creditors they are avoiding and all of the documents are existing.We sue the State Slovenia for 39 milions, that is abouth 250.000,00$ USD, becouse the State funds are still exist they are under the property of State and for the State is duty to pay back what they owe to us. On this judgment you should gave the complain on the higher Court and we did that, but we should get extensive judgment becouse the primary was in short form.
The Court sent us the massage abouth paying the Court tax, the sum was 10.000,00, but the problem was that we do not have such of money to pay that, we bearly live our lives.
Already in the year 1998 we gave the complain on the European commission in Strasbourg(now it is named as European Court for human rights).
Mr. Milan Blaško, a very kind man was leading our case. He was shure, that we will win that case, but we did not- with the explanation that our case should be finished at home Court first.
We turned for help to the President of European Council Mr. Prodi, he helped us with getting the formulars from Court, so we could gave our complain on the European Court for human rights again. Our case was leading an Slovenian lawyer Mrs. Ana Vospernik. In the year 2000, we get our complain reject again with the same reason as the last time. We told them that we can not finish our case at home Court becouse we do not have such a money for Court tax, and we asked them to help us, becouse on the home Court this our case is lasting over 10 years.
And once again, we are on the same deat point.
The complains on the European Court for human rights were leading under nombers:
ECHR-R09R MIB/sst complain No.: 42087/98 and
ECHR-L01R AV/sst complain No.: 52095/99
In Jun 2001, I put in the complain against State Slovenia to the European Court for human rights again, but they reject it with explanation that it is inadmissible.
On the same day, I put in the indemnity complain on the same Court in Strasbourg against the same Court, but they ignoring me and they do not eaven answer to me. I dont know what to do anymore.
I am treating against the depression on the psihiatric clinick for six monaths now, I am taking the medicine named ZOLOFT. I am infront the nervous breakdown and I am scared for the consequence.
I have a property, but I can not sell it becouse there is no buyers, and I think that in short time, the Banks will sell me, and then I will living on the street eatherway that I was working 30 years for my property. To pay the Bank the credit and rates that I owe to them becouse of Jeklotehna d.d., I should have a 300.000,00$ USD and then I would be where I was 12 years a go. My property is value two times moore, but I can not sell it eaven for the quarter of value- here in Slovenia noone is buying the propertys. I understand you if you cant figure out how we bearly live with all of my property, but that is the way of living in my country. Our region-Štajerska, is totally poor.
My hole life I and my fammily worked very hard . I must tell you that me and my wife worked for 12-16 hours per day, so we could created what we have. For 15 years we were not on the holiday. We were working eaven on Sundays and holidays, and so why this is wery affecting for us becouse of voilation of our rights, we are very hardworking and honest fammily.
It hurt me when I am looking our politicians- ex communist, today capitalist, whitch they dont have a face of honesty and all of the European politicians are good with them. Our President of State Slovenia Mr. Milan Kučan is ex president of communist, the President of our Govermant is Mr. Janez Drnovšek has sent the army to Kosovo in ex Jugoslavia, and I should not talking abouth all of the ex directors. Today those peoples are very reach, owners of big Firms that they were leading ,taken those big Firms to the bankruptcy and then buy them for a small money. The last affair happening now in Slovenia is abouth Red Cross(humanistic institution).They were buying propertys, building,they were established personal Firms…and that all with the money from Red Cross.
I dont know what to do anymore, I was turning od President Clinton, Bush, Chirak, Shoder, Prodi, Carle de Ponte, Nicol fortin, Mery Robinson and I dont know on who else, but I didnt get any answer, the world is so spoiled and they never look on one small person like me.
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