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87-472: Until the 1970s HOP was a Croatian emigrant organization with more than 80 percent of its members made up of people who had been politically active in some way in the 1941–1945 Independent State of Croatia regime. Originally led by Ante Pavelić , the former poglavnik, other signatories of HOP's first foundation charter included former Independent State of Croatia government officials such as Džafer Kulenović and Vjekoslav Vrančić , which caused it to be considered

174-494: A criminal offence" who is in Mr. Colozza’s position, that person should, once he becomes aware of the proceedings, be able to obtain, from a court which has heard him, a fresh determination of the merits of the charge. The Human Rights Committee (HRC) examined Monguya Mbenge v. Zaire (1990) in which the applicant was sentenced to death while exiled in Belgium and was only able to learn of

261-487: A defendant in absentia is represented by court-appointed counsel and where he or she has an opportunity to be re-tried, the right to a fair trial will not be violated. The committee disagreed, describing Italy's position as: clearly insufficient to lift the burden placed on the State party if it is to justify trying an accused in absentia. It was incumbent on the court that tried the case to verify that [Maleki] had been informed of

348-462: A defendant may forfeit the right to be present at trial through disruptive behavior , or through his or her voluntary absence after trial has begun. In 1993, the Supreme Court revisited Rule 43 in the case of Crosby v. United States . The Court unanimously held, in an opinion written by Justice Harry Blackmun , that Rule 43 does not permit the trial in absentia of a defendant who is absent at

435-492: A manner specified by law. In general, the Czech Criminal Procedural Code requires the presence of the defendant in any criminal proceedings. The code recognizes the following exemptions from this rule, when criminal proceedings may be conducted without the presence of the person charged: Apart from the aforementioned cases of in absentia proceedings in the narrow sense, the defendant may also be absent during

522-909: A short stay in Austria, alongside Gustav Perčec , Pavelić moved to Budapest. In March 1929, the Ustaše commenced a campaign of terrorism within Yugoslavia with the assassination of Toni Schlegel in Zagreb. Schlegel was a pro-Yugoslav editor of the newspaper Novosti who was also a close confidante of King Alexander. After establishing contact with the Internal Macedonian Revolutionary Organization in April 1929, he and Perčec went to Sofia in Bulgaria. On 29 April 1929, Pavelić and Ivan Mihailov signed

609-663: A small uprising in Lika in 1932, culminating in the assassination of King Alexander in 1934 in conjunction with the IMRO. Pavelić was once again sentenced to death after being tried in France in absentia and, under international pressure, the Italians imprisoned him for 18 months, and largely obstructed the Ustaše in the following period. At the behest of the Germans, senior Ustaša Slavko Kvaternik declared

696-523: A small uprising. It began at midnight on 6 September 1932 and was known as the Velebit uprising . Led by Andrija Artuković , the insurgency involved around 20 Ustaše members armed with Italian equipment. They attacked a police station and half an hour later pulled back to Velebit with no casualties. This uprising was to scare Yugoslav authorities. Despite the small scale the Yugoslav authorities were unnerved because

783-585: A successor of the Ustashe, the Croatian fascist movement which ran the Independent State of Croatia. The stated goal of the organization was the re-establishment of the Independent State of Croatia in its World War II borders, encompassing most of the territory of present-day Croatia and Bosnia and Herzegovina , which was at the time of HOP's foundation part of SFR Yugoslavia . Although considered by outsiders to be

870-482: A summons prior to being tried. In this sense, the ministers are emphasizing that it is not the presence of the accused at the hearing that is of importance, rather the focus should be on whether or not the individual was informed of the trial in time. In a 1985 judgement in the case Colozza v Italy , the European Court of Human Rights stressed that a person charged with a criminal offence is entitled to take part in

957-499: A visit to Lika with his parents, where he heard townspeople speaking Croatian, and realised it was not just the language of peasants. While attending school in Travnik he became an adherent of the nationalist ideologies of Ante Starčević and his successor as the leader of the Party of Rights , Josip Frank . Health problems briefly interrupted his education in 1905. In summer he found work on

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1044-460: Is not to harmonise national laws on trials in absentia but to provide terms for the non-recognition of a European Arrest Warrant and other cooperative tools. The framework decision provides detailed conditions and requirements on which a trial in absentia can be considered compatible with Article 6, the right to a fair trial . According to Pieter Cleppe of the think-tank Open Europe , in parts of Europe, in absentia trials essentially give defendants

1131-971: The August 1992 parliamentary election with little success. It has remained a marginal political force ever since. Their only other election campaign came six years later for the 2007 election , in which they also fared poorly. Today, HOP functions as a minor political party in Croatia without holding any seats in the Croatian Parliament or at any other government level. The organization has active branches in Canada (in Toronto, Winnipeg, and Vancouver), and Australia (in Melbourne and Sydney). Ante Paveli%C4%87 Ante Pavelić ( Croatian pronunciation: [ǎːnte pǎʋelit͡ɕ] ; 14 July 1889 – 28 December 1959)

1218-634: The Croatian Committee , a Croatian nationalist organization that was based in Hungary at the time. Pavelić acted as the defence lawyer at the subsequent trial and was released. On 12 August 1922, in St. Mark's Church, Zagreb , Pavelić married Maria Lovrenčević. They had three children, daughters Višnja and Mirjana and son Velimir. Maria was part Jewish through her mother's family and her father, Martin Lovrenčević,

1305-582: The German Ministry of Foreign Affairs called the Croatian Question ( Croatian : Hrvatsko pitanje ; German : Die kroatische Frage ). According to Ivo Goldstein, the survey deemed the "Serbian state authorities, international Freemasonry, Jews and communism"’ as enemies and stated that: Today almost all banking and almost all trade in Croatia is in the hands of the Jews. This became possible only because

1392-549: The Macedonian Youth Secret Revolutionary Organization founded by Ivan Mihailov . During the trial, Pavelić accused the court of setting them up and stressed the right to self-determination . This trial received public attention in Bulgaria and Yugoslavia. Following his election as a member of the Croatian Bloc in the 1927 election , Pavelić became his party's liaison with Nikola Pašić. He

1479-559: The Party of Rights . As an employee and friend of its leader Horvat, he often attended important party meetings, taking over Horvat's duties when he was absent. In 1918, Pavelić entered the party leadership and its Business Committee. After the unification of the State of Slovenes, Croats and Serbs with the Kingdom of Serbia on 1 December 1918, the Party of Rights held a day of public protest claiming that

1566-630: The Sofia Declaration in which they formalized cooperation between their movements. In the declaration, they obligated themselves to separate Croatia and Macedonia from Yugoslavia. Yugoslavia protested to Bulgaria. Pavelić was found guilty of high treason and sentenced to death in absentia along with Perčec on 17 August 1929. Because of the Yugoslav verdict, on 25 September 1929 Pavelić was arrested in Vienna and expelled to Germany. Pavelić's stay in Germany

1653-590: The Starčević and Kvaternik newspapers. Serbian members of the Yugoslav Parliament disliked him and when a Serbian member said "Good night" to him in parliament, Pavelić responded: Gentleman, I will be euphoric when I will be able to say to you "good night". I will be happy when all Croats can say "good night" and thank you, for this "party" we had here with you. I think that you will all be happy when you don't have Croats here any more. In 1927, Pavelić became

1740-465: The Velebit plain, in southern Lika (in today's Croatia ), to work on the Sarajevo - Metković railway line. Searching for work, his family moved to the village of Jezero outside Jajce , where Pavelić attended primary school, or maktab . Here Pavelić learned Muslim traditions and lessons that influenced his attitude towards Bosnia and its Muslims . Pavelić's sense of Croat nationalism grew from

1827-500: The Belgrade government, lack of the necessary intellectual capacity within the early Ustaše movement to properly develop their ideology, and the active involvement of Jews with the Ustaše. Goldstein points out that as Ustaše ideology developed in later years it became more anti-Semitic. At a meeting held in Spittal in Austria in 1932, Pavelić, Perčec and Vjekoslav Servatzy decided to start

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1914-432: The Croatian people were against having a Serbian king, and that their highest state authorities had not agreed to unification. Further, the party expressed their wish for a Croatian republic in a program from March 1919, signed by president of the party, Vladimir Prebeg and Pavelić. At the 1921 local elections in Zagreb, Pavelić was elected member of the city assembly. In the name of the party, he contacted Nikola Pašić ,

2001-507: The Italians for military assistance in creating a separate Croatian state which would have had strong ties to Italy, but this plan was postponed by the invasion of France , and subsequently derailed by Adolf Hitler . Trial in absentia Trial in absentia is a criminal proceeding in a court of law in which the person being tried is not present. In absentia is Latin for "in (the) absence". Its interpretation varies by jurisdiction and legal system. In common law legal systems,

2088-609: The NDH during the war, including Serbs , Jews , Romani , and anti-fascists , becoming one of the key figures of the genocide of Serbs , the Porajmos and the Holocaust in the NDH . At the start of his career, Pavelić was a lawyer and a politician of the Croatian Party of Rights in the Kingdom of Yugoslavia known for his nationalist beliefs and support for an independent Croatia . By

2175-450: The NDH's establishment on 10 April 1941 in the name of Pavelić. Calling himself the Poglavnik , or supreme leader, Pavelić returned from Italy and took control of the puppet government . He created a political system similar to that of Fascist Italy and Nazi Germany. The NDH, though constituting a Greater Croatia , was forced by the Italians to relinquish several territorial concessions to

2262-695: The Partisans. Sparked by attacks on their position, the Partisans began carrying out killings of the Ustaše . Pavelić fled to Austria before obtaining a false passport from the Vatican and escaping to Argentina , where he continued to engage in fascist activities. He later served as a security advisor to President of Argentina Juan Perón , who provided sanctuary for many fascist war criminals . On 10 April 1957, a Serbian hotel owner attempted to kill Pavelić by shooting him. The resulting injuries eventually led to his death on 28 December 1959, aged 70, after spending

2349-682: The United States have held that the United States Constitution protects a criminal defendant's right to appear in person at their trial, as a matter of due process , under the Fifth , Sixth , and Fourteenth Amendments . In 1884, the Supreme Court of the United States held that the legislature has deemed it essential to the protection of one whose life or liberty is involved in a prosecution for felony, that he shall be personally present at

2436-431: The Ustaše in Yugoslavia resulted in a severe crackdown on political activity as the state met terror with terror. Impoverished Croat peasants were hardest hit by the counter-terror, usually meted out by Serb policemen. In 1932 he started a newspaper named the "Ustaša – –Herald of Croatian Revolutionaries" ( Croatian : Ustaša – vijesnik hrvatskih revolucionaraca ). From its very first publication, Pavelić announced that

2523-474: The Ustaše in Yugoslavia than elsewhere, since the emigrants had become passive after the assassination. In 1938 he instructed the Ustaše to form stations in Yugoslav towns. The fall of Stojadinović's government and the creation of the Banovina of Croatia in 1939 further increased Ustaše activity; they founded Uzdanica (Hope), a savings co-operative. Under Uzdanica , Ustaše founded Ustaše University Headquarters and

2610-636: The Yugoslav Prime Minister and member of the People's Radical Party , with the goal of weakening the Croatian Peasant Party (HSS), the dominant Croatian party in the interwar period. Pavelić was a member of the Frankovci faction of the Party of Rights. Ivica Peršić, a Croatian politician from the competing Milinovci faction, wrote in his memoir how Pavelić's 1921 election significantly raised

2697-436: The Yugoslav state, which prompted the Yugoslav authorities to try him in absentia and sentence him to death. In the meantime, Pavelić had moved to Fascist Italy where he founded the Ustaše, a Croatian nationalist movement with the goal of creating an independent Croatia by any means, including the use of terror. Pavelić incorporated terrorist actions in the Ustaše program, such as train bombings and assassinations, staged

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2784-450: The abduction were found guilty. The trial of American Amanda Knox for the 2007 murder of British student Meredith Kercher highlighted the issue of Italy's willingness to try defendants in absentia. In 2013 Italy's highest court, the Court of Cassation , decided to annul Knox's appeal (alongside the co-accused, Italian Raffaele Sollecito), thus overturning their previous acquittals, declaring

2871-671: The ability to appeal twice—asking for a retrial at which they would be present and then potentially appealing the second verdict. There are some guarantees in the legal system that make sure that it's fair, that the rights of the defense are not being violated, while still making sure that justice is being done. In absentia judgments are common ... you can criticize that, but it's quite common. The Council of Europe has made commentary on judgments that are made in absentia. The Committee of Ministers , in Resolution (75) 11, of 21 May 1975, stated that an individual must first be effectively served with

2958-473: The acquittal as "full of deficiencies, contradictions and illogical conclusions". As Amanda Knox remained at her home in the United States, her appeal was heard in absentia, in Florence, Italy. On 30 January 2014 her guilty verdict was re-instated for the murder of Kercher and her sentence set at 28 years and six months imprisonment. In the case of Goddi v. Italy , the European Court of Human Rights held that

3045-537: The assassination. He found support in the Croatian Rights Republican Youth ( Hrvatska pravaška republikanska omladina ), a youth wing of the Party of Rights led by Branimir Jelić . On 1 October 1928 he founded an armed group with the same name, an act through which he openly called on Croatians to revolt. This group trained as part of a legal sport society. Yugoslav authorities declared the organization illegal and banned its activities. Pavelić held

3132-508: The attempted assassination of the Ban of Croatia-Slavonia , Slavko Cuvaj . He completed his law degree in 1914 and obtained his doctorate in July 1915. From 1915 until 1918 he worked as a clerk in the office of Aleksandar Horvat  [ hr ] , president of the Party of Rights. After completing his clerkship, he became a lawyer in Zagreb. During World War I , Pavelić played an active role in

3219-428: The beginning of trial. This case requires us to decide whether Federal Rule of Criminal Procedure 43 permits the trial in absentia of a defendant who absconds prior to trial and is absent at its beginning. We hold that it does not. ...The Rule declares explicitly: "The defendant shall be present...at every stage of the trial... except as otherwise provided by this rule " (emphasis added). The list of situations in which

3306-481: The case against him through the media. Due to these circumstances, the committee found that a number of the applicant's procedural rights had been violated, especially in consideration of the fact that the Zairean authorities had hardly attempted to contact the applicant despite possible knowledge of the applicant's address. This highly impeded the applicant's capacity to prepare any form of defense. Failed evidence to support

3393-595: The case that a court had tried to inform the accused of proceedings against him/her provides the committee with the opinion that the right to be tried in one's presence was violated. Under Article 8(2) of the Charter of Fundamental Rights and Basic Freedoms of the Czech Republic , which has the same legal standing as the Czech Constitution , no one may be prosecuted or deprived of their liberty except on grounds and in

3480-688: The classical gymnasium , where he completed his fifth-year classes. Health problems again interrupted his education, and he took a job on the road in Istria , near Buzet . In 1909 he finished his sixth-year classes in Karlovac . His seventh-year classes were completed in Senj. Pavelić graduated in Zagreb in 1910 and entered the Law Faculty of the University of Zagreb . In 1912 Pavelić was arrested on suspicion of involvement in

3567-667: The creation of military formations trained for sabotage and terrorism . With financial help from Mussolini, in 1931 Pavelić established terrorist training camps, first in Bovegno in the Brescia region, and encouraged the foundation of such camps all around Italy. Camps were founded in Borgotaro , Lepari and Janka-Puszta in Hungary. The Ustaše were involved with smuggling weapons and propaganda into Yugoslavia from their camps in Italy and Hungary. At

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3654-521: The demands of Italian authorities, the camps were often moved. The main Ustaše headquarters was at first in Torino , and later in Bologna . On Pavelić's initiative, his associates established Ustaše associations in Belgium, Netherlands, France, Germany, Argentina, Uruguay, Bolivia, Brazil and North America. Pavelić also encouraged publishing magazines in various countries. The series of bombings and shootings by

3741-411: The end of the 1920s, his political activity became more radical as he called on Croats to revolt against Yugoslavia, and schemed an Italian protectorate of Croatia separate from Yugoslavia. After King Alexander I declared his 6 January Dictatorship in 1929 and banned all political parties, Pavelić went abroad and plotted with the Internal Macedonian Revolutionary Organization (IMRO) to undermine

3828-576: The entire historical and ethnic area of the Croats. In mid-1928, the leaders of the Croatian Bloc, Trumbić and Pavelić, addressed the Italian consul in Zagreb to gain support for the Croatian struggle against regime of King Alexander. On 14 July, they received a positive response, after which Pavelić maintained contact. Historian Rory Yeomans claimed that there are indications that Pavelić had been considering

3915-471: The establishment of probable cause . In Gallina v Fraser , the appellant Vincenzo Gallina was convicted in absentia according to established Italian procedure for two robberies. The verdict in Gallina has been since interpreted to suggest that the presence of legal counsel alone is, in certain cases, insufficient to give an in absentia conviction that establishes probable cause. For more than 100 years, courts in

4002-519: The executions of prominent NDH politicians Mladen Lorković and Ante Vokić on charges of treason when they were arrested for plotting to oust him and align the NDH with the Allies . Following the surrender of Germany that May, Pavelić ordered his troops to keep fighting even after the surrender. He subsequently ordered the NDH to flee to Austria to surrender their armed forces to the advancing British Army , which refused and directed them to surrender to

4089-425: The failure of Italy's judiciary to inform the officially appointed lawyer of the applicant in regards to the correct date of the trial hearing deprived the applicant of an effective defence, and therefore Article 6 (3) (c) had been violated. Certain case law supports the notion that in some circumstances representation by counsel at the trial will not be enough to make an in absentia conviction conclusive enough for

4176-669: The fascists. In autumn 1929 he established contacts with Italian journalists and Mussolini's brother Arnaldo , who supported Croatian independence without any territorial concession. Pavelić created sympathy and understanding of Croats among Italians. That autumn Pavelić published a brochure called Establishment of the Croatian State: Lasting Peace in the Balkans which summarized important events of Croatian history. The Italian authorities did not want to formally support Ustaše or Pavelić, to protect their reputation; nevertheless,

4263-530: The formation of some kind of nationalist insurgency group as early as 1928. After the assassination of Croatian politicians in the National Assembly, of which he was an eyewitness, Pavelić joined the Peasant-Democratic Coalition and started to publish a magazine called Hrvatski domobran  [ hr ] in which he advocated Croatian independence. His political party radicalised after

4350-585: The group received support from Mussolini, who saw them as a means to help destroy Yugoslavia and expand Italian influence in the Adriatic . Mussolini allowed Pavelić to live in exile in Rome and train his paramilitaries for war with Yugoslavia. In the Ustaša organization of 1929–1930, Pavelić's closest associates were Gustav Perčec, Branimir Jelić, Ivan Perčević and later Mladen Lorković and Mile Budak . The Ustaše began with

4437-414: The hearings. This entitlement is based on the right to a fair trial and the right to a defence, both of which are required by the convention (articles 6(1) and 6(3)). Furthermore, the court stressed that a person convicted in absentia shall be entitled to a fresh trial once he becomes aware of the proceedings: When domestic law permits a trial to be held notwithstanding the absence of a person "charged with

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4524-524: The illegal association Matija Gubec. However, Pavlowitch observes that Pavelić had few contacts with the Ustaše within Yugoslavia, and that his esteemed position within the Ustaše was partly due to his isolation in Italy. Despite their rise in activity in the 1930s, the movement experienced only moderate growth of popularity, and remained a marginal group. In the late 1930s, about half of the 500 Ustaša in Italy were voluntarily repatriated to Yugoslavia, went underground and increased their activities. During

4611-498: The intensification of ties with Nazi Germany in the 1930s, Pavelić's concept of the Croatian nation became increasingly race -oriented. On 1 April 1937, after the Stojadinović - Ciano agreement, all Ustaše units were dissolved by the Italian government. After that, Pavelić was put under house arrest in Siena , where he lived until 1939. During this period he penned his anti-Bolshevik work Horrors and Mistakes ( Italian : Errori e orrori ; Croatian : Strahote zabluda ) which

4698-466: The king, were captured and sentenced to life imprisonment by a French court. Pavelić along with Eugen Kvaternik and Ivan Perčević were subsequently sentenced to death in absentia by a French court. That the security was lax even though one attempt had already been made on Alexander's life testified to Pavelić's organizational abilities; he had apparently been able to bribe a high official in the Sûreté General. The Marseilles Prefect of Police, Jouhannaud,

4785-409: The last two and a half years in Francoist Spain . Ante Pavelić was born in the Herzegovinian village of Bradina on the slopes of Ivan Mountain north of Konjic , roughly 15 kilometres (9.3 miles) southwest of Hadžići , then part of the Ottoman Empire occupied by Austrian-Hungarian Empire . His parents had moved to Bosnia and Herzegovina from the village of Krivi Put in the central part of

4872-465: The latter. After taking control, Pavelić imposed largely anti-Serbian and antisemitic policies that resulted in the deaths of over 100,000 Serbs and Jews in concentration and extermination camps in the NDH, murdering and torturing several hundred thousand Serbs, along with tens of thousands of Roma and Jews. These persecutions and killings have been described as the "single most disastrous episode in Yugoslav history ". In 1945, Pavelić ordered

4959-458: The memorandum also agreed to cede the Bay of Kotor and Dalmatian headlands of strategic importance to Italy, and agreed that a future Croatia would not establish a navy. As the most radical politician of the Croatian Bloc , Pavelić sought opportunities to internationalize the "Croatian question" and highlight Yugoslavia's unsustainability. In December 1927, Pavelić defended four Macedonian students in Skopje who were accused of belonging to

5046-427: The memorandum effectively made any such Croatia 'little more than an Italian protectorate'. The memorandum also stated that the Party of Rights recognised the existing territorial settlements between Italy and Yugoslavia, thus giving up all Croatian claims to Istria , Rijeka , Zadar and the Adriatic islands which Italy had annexed after World War I . These areas contained between 300,000 and 400,000 Croats. Further,

5133-418: The most radical Croatian nationalist organization, HOP officially described itself as an anti-communist organization committed to democratic political means. After the collapse of communism in Yugoslavia in the early 1990s, the organization's headquarters were moved from Buenos Aires to Zagreb and it was officially registered as a political party in Croatia in October 1991. Following registration, HOP ran in

5220-445: The organization changed its name from Ustaša – Croatian Revolutionary Movement to Ustaša – Croatian Revolutionary Organization (Croatian: Ustaša – Hrvatska revolucionarna organizacija ; abbreviated to UHRO). By killing the king of Yugoslavia, Pavelić saw an opportunity to cause riots in Yugoslavia and eventual collapse of the state. In December 1933, Pavelić ordered the assassination of King Alexander. The assassin

5307-401: The other party). In some civil law legal systems , such as that of Italy, absentia is a recognized and accepted defense strategy. Such trials may require the presence of the defendant's lawyer, depending on the country. Member states of the Council of Europe that are party to the European Convention on Human Rights are bound to adhere to Article 6 of the convention, which protects

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5394-454: The pending case before proceeding to hold the trial in absentia. Failing evidence that the court did so, the [HRC] is of the opinion that [Maleki's] right to be tried in his presence was violated. In 2009, a former CIA station chief and two other Americans were tried and convicted in absentia by a Milan appeals court for the abduction of Egyptian terror suspect Osama Hassan Mustafa Nasr. The decision meant that 26 Americans tried in absentia for

5481-431: The person can be said to have been aware of the trial; if a counsellor took their place at the trial; if they do not request an appeal in due time; and if they are to be offered an appeal. The framework decision on the European Arrest Warrant provides for the legal guarantees relevant to trials in absentia. While the framework decision explicitly refers to Article 6 of the European Convention on Human Rights , its purpose

5568-414: The phrase is more than a spatial description. In these systems, it suggests a recognition of a violation of a defendant's right to be present in court proceedings in a criminal trial. Conviction in a trial in which a defendant is not present to answer the charges is held to be a violation of natural justice. Specifically, it violates the second principle of natural justice , audi alteram partem (hear

5655-472: The position of the Party of Rights secretary until 1929, the beginning of the 6 January Dictatorship in the Kingdom of Yugoslavia. According to Croatian historian Hrvoje Matković , after the King declared his dictatorship Pavelić's house was under constant police watch. At this time, Pavelić started to organize the Ustaša ( Ustaša – Hrvatski revolucionarni pokret ) as an organization with military and conspiratorial principles. Its official foundation

5742-680: The power of the Ustaše had been unknown. As a result, major security measures were introduced. This action appeared in the foreign press, especially in Italy and Hungary. On 1 June 1933 and 16 April 1941, the Ustaša program and "The Seventeen Principles of the Ustaše Movement" were published in Zagreb by the Propaganda Department of the Supreme Ustaša Headquarters. The main goal was the creation of an independent Croatian state based on its historical and ethnic areas, with Pavelić stating that Ustaše must pursue this end by any means necessary, even by force of arms. According to his rules he would organize actions, assassinations and diversions. With this document

5829-502: The railway in Sarajevo and Višegrad . He continued his education in Zagreb, the home city of his elder brother Josip. In Zagreb, Pavelić attended high school. His failure to complete his fourth-year classes meant he had to retake the exam. Early in his high school days, he joined the Pure Party of Rights as well as the Frankovci students' organization, founded by Josip Frank , the father-in-law of Slavko Kvaternik , an Austro-Hungarian colonel. Later he attended high school in Senj at

5916-493: The right to a fair trial. Trials in absentia are banned in some member states of the EU and permitted in others, posing significant problems for the fluidity of mutual recognition of these judicial judgments. The executing member state possesses some degree of discretion, and is not obliged to execute a European Arrest Warrant if the country that is making the request has already tried that person in absentia. Conditions under which trials in absentia must be recognised include: if

6003-413: The right to be present requires true freedom of choice. A trial court may infer that a defendant's absence from trial is voluntary and constitutes a waiver if a defendant had personal knowledge of the time of the proceeding, the right to be present, and had received a warning that the proceeding would take place in their absence if they failed to appear. The courts indulge every reasonable presumption against

6090-492: The standing of his law office in Zagreb – a number of rich Jewish clients paid him to obtain Yugoslav citizenship, and Pavelić subsequently started to make frequent visits to Belgrade, where he would procure those documents through his increasing number of connections to the members of the ruling People's Radical Party . In 1921, 14 Party of Rights members, including Pavelić, Ivo Pilar and Milan Šufflay , were arrested for anti-Yugoslav activities, for their alleged contacts with

6177-507: The state gave them privileges, because the government believed that this would weaken Croatian national strength. The Jews greeted the foundation of the so-called Yugoslav state with great enthusiasm because a national Croatian state would never suit them as well as Yugoslavia did. ... All the press in Croatia is in Jewish hands. This Jewish Freemason press is constantly attacking Germany, the German people and national socialism. According to Matković, after 1937 Pavelić paid more attention to

6264-401: The streets of Zagreb. After Pavelić's released from prison, he remained under surveillance by the Italian authorities, and his Ustaše were interned . Disappointed with relations between the Italians and the Ustaše organization, Pavelić became closer to Nazi Germany , who promised to change the map of Europe fixed under the 1919 Treaty of Versailles . In October 1936 he finished a survey for

6351-565: The trial may proceed without the defendant is marked as exclusive not by the "expression of one" circumstance, but rather by the express use of a limiting phrase. In that respect the language and structure of the Rule could not be more clear. However, in Crosby , the Rehnquist Court reiterated an 80-year-old precedent that Where the offense is not capital and the accused is not in custody, ...if, after

6438-618: The trial under following circumstances: Italy is one of several countries in Europe that allow trials in absentia, and they are a regular occurrence. In Maleki v Italy (1997), the United Nations Human Rights Committee held that the Italian policy on trials in absentia was a breach of the right to fair trial under Article 14 of the International Covenant on Civil and Political Rights . Italy argued that where

6525-535: The trial, that is, at every stage of the trial when his substantial rights may be affected by the proceedings against him. If he be deprived of his life or liberty without being so present, such deprivation would be without that due process of law required by the Constitution. A similar holding was announced by the Arizona Court of Appeals in 2004 (based on Arizona Rules of Criminal Procedure): A voluntary waiver of

6612-451: The use of violence was central to the Ustaše: ‘ "The dagger, revolver, machine-gun and time bomb; these are the bells that will announce the dawn and the resurrection of the Independent State of Croatia."’ According to Ivo Goldstein , there were no instances of antisemitism in the newspaper in the beginning. Goldstein suggests there were three reasons for this; the total focus of the Ustaše on

6699-514: The vice president of the party. In June 1927, Pavelić represented Zagreb County at the European Congress of Cities in Paris. When he was returning from Paris, he visited Rome and submitted a memorandum in the name of HSP to the Italian ministry of foreign affairs in which he offered to cooperate with Italy in dismembering Yugoslavia. In order to obtain Italian support for Croatian independence,

6786-527: The waiver of fundamental constitutional rights. Although United States Congress codified this right by approving Rule 43 of the Federal Rules of Criminal Procedure in 1946 and amended the Rule in 1973, the right is not absolute. Rule 43 provides that a defendant shall be present However, the following exceptions are included in the Rule: Indeed, several U.S. Supreme Court decisions have recognized that

6873-456: Was "the only language Serbs understand". During his time in prison, Pavelić was informed about the situation in Yugoslavia and the 5 May 1935 election , in which a coalition of opposition parties was led by HSS leader Vladko Maček . Pavelić declared the election results as a "success of the Ustaše actions". By the mid-1930s, graffiti with the initials ŽAP meaning "Long live Ante Pavelić" ( Croatian : Živio Ante Pavelić ) had begun to appear on

6960-502: Was 7 January 1929. The Ustaša movement was "founded on the principles of racialism and intolerance". Because of the threat of arrest, Pavelić escaped during a surveillance lapse and went to Austria on the night of 19/20 January 1929. According to Tomasevich, Pavelić left for Vienna to "seek medical aid". He contacted other Croatian emigrants, mainly political émigrés , former Austrian-Hungarian officers, who gathered around Stjepan Sarkotić and refused to return to Yugoslavia. After

7047-523: Was a Croatian politician who founded and headed the fascist ultranationalist organization known as the Ustaše in 1929 and was dictator of the Independent State of Croatia (NDH), a fascist puppet state built out of parts of occupied Yugoslavia by the authorities of Nazi Germany and Fascist Italy , from 1941 to 1945. Pavelić and the Ustaše persecuted many racial minorities and political opponents in

7134-524: Was a member of the Party of Rights and a well-known journalist. Later Pavelić became vice-president of the Croatian Bar Association, the professional body representing Croatian lawyers. In his speeches to the Yugoslav Parliament he opposed Serbian nationalism and spoke in favor of Croatian independence. He was active with the youth of the Croatian Party of Rights and began contributing to

7221-605: Was caught by the police and the assassination attempt failed. However, Pavelić tried again in October 1934 in Marseille . On 9 October 1934, King Alexander I of Yugoslavia and French foreign minister Louis Barthou were assassinated in Marseille. The perpetrator Vlado Chernozemski , a Bulgarian revolutionary, was killed right after the assassination by French police. Three Ustaša members, who had been waiting at different locations for

7308-565: Was constrained by opposition from the German ambassador to Yugoslavia, Adolf Köster, a supporter of Yugoslavia. A friend of King Alexander, he did his best to prevent Croatian nationalist activity in Yugoslavia. Pavelić left Germany under a false passport and went to Italy, where his family already lived. In Italy he frequently changed location and lived under false names, most often as "Antonio Serdar". Since he had been in contact with Italian authorities since 1927, he easily established contact with

7395-450: Was one of two elected Croatian Bloc candidates alongside Ante Trumbić , one of the key politicians in the creation of a Yugoslav state. From 1927 until 1929, he was part of the minuscule delegation of the Party of Rights in the Yugoslav Parliament. In 1927, he secretly contacted the fascist dictator of Italy, Benito Mussolini , and presented his separatist ideas to him. Pavelić proposed an independent Greater Croatia that should cover

7482-511: Was published in 1938. It was immediately seized by the authorities. At the onset of World War II he moved to a villa near Florence under police watch until spring 1941. After Italy occupied Albania and prepared an attack on Yugoslavia, Ciano invited Pavelić to negotiations. They discussed Croatian armed revolt, Italian military intervention and the creation of a Croatian state with monetary , customs and personal unions with Italy, which Pavelić later refused. In 1940 Pavelić negotiated with

7569-575: Was subsequently removed from office. The Ustaša believed that the assassination of King Alexander had effectively "broken the backbone of Yugoslavia" and that it was their "most important achievement." Under pressure from France, the Italian police arrested Pavelić and several Ustaša emigrants on 17 October 1934. Pavelić was imprisoned in Turin and released in March 1936. After he met with Eugen Dido Kvaternik on Christmas 1934 in prison, he stated that assassination

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