The Erased - Information and documents

Assistance to the erased persons in regulating their legal status and awareness raising of the public on the erasure and the status of remedying the violations.

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Statistics

On 26 February 1992 the authorities erased 25,671 people from the register of permanent residents of the Republic of Slovenia. The number is a result of counting carried out by the ministry of Interior in January 2009.

Among the erased people 42 % were women and 58 % were men. 79 % of the erased people were adults while a striking 21 % of them were children.

The Erased Number Share
Men 14,775 58 %
Women 10,896 42 %
Total 25,671 100 %
The Erased Number Share
Children 5,360 21 %
Adults 20,311 79 %

By 2009, 1,302 of the erased people had already died, 10,943 had regularized their status (7,313 were citizens of Slovenia at that time), whereas 13,426 remained without any kind of regulated legal status in Slovenia. These numbers do not include new family members of the erased (children). The data does not enable an insight into the number of the erased without any regulated legal status in Slovenia still living in Slovenia and those living abroad. However, it is likely that a majority of the remaining erased does not live in Slovenia anymore (as they were forcefully removed, were not able to return or because they decided to leave the country since their legal status was not regularized or because of the consequences of the erasure).

Erased by status 2009

Statistics of statuses obtained under the new law

In 2010 the Act Amending the Act Regulating the Legal Status of Citizens of Former Socialist Federal Republic of Yugoslavia Living in the Republic of Slovenia (ZUSDDD-B) has been passed and entered into force on 24 July 2010. On the basis of this act the erased can apply for a permit for permanent residence in the Republic of Slovenia at the latest by 24 July 2013.

Until 31 August 2015 (source: Ministry of the Interior) 1899 applications for permanent residence permits were received by all administrative units in RS. From this, 1601 applications were issued by the erased people, 71 application were issued by children of the erased, and 227 applications were issued by other foreigners that have not been erased. The administrative units issued 237 permits for permanent residence on the basis of the new ZUSDDD-B (195 to the erased from the RPR, 16 to their children, and 26 to other foreigners). Joint number of rejected and dismissed applications and suspended cases is 1350, while 312 applications are awaiting decision.

Until 24.7.2013 1773 applications were issued, and after this date (thus, too late) 126 applications.

 

Statistics on the issued supplementary decisions

Those erased persons who already acquired a permanent residence permit before ZUSDDD-B was passed (that is before 24 July 2010) received ex officio supplementary decisions recognizing their permanent residence permit from erasure onwards (retroactively). Supplementary decisions were issued directly on the basis of the 2003 constitutional court ruling. Supplementary decisions were issued by the Ministry of the Interior in 2004 and again from February 2009 onwards. In 2004 4040 supplementary decisions were issued and since February 2009 a further 2581 (altogether 6,621 supplementary decisions have been issued until 31 January 2012). (Source: Ministry of the Interior)

Until 31 August 2015 (source: Ministry of the Interior) 926 applications for retroactive supplementary decisions were received by all Administrative Units in Republic of Slovenia. 248 applications were made by the erased from the RPR, 70 by their children and 608 by citizens of Republic of Slovenia which have been erased from the RPR. 612 retroactive supplementary decisions were issued, 111 to the erased from the RPR, 39 to their children and 462 to the citizens of the Republic of Slovenia. Joint number of rejected and dismissed applications and suspended cases is 252, while 62 applications are awaiting a decision.

 

Statistics on the compensations under Act on compensation scheme for the erased

Administrative procedure

Until 15 September 2015 (source: Ministry of Interior) 6888 claims for compensations were received by all Administrative units in Republic of Slovenia. In 6654 cases the administrative units have already issued decisions. Among those, 5045 claims have been approved, 1443 claims have been rejected, and 166 cases have been dismissed or suspended. 234 cases are still open.

The total amount of compensations granted with final decisions is 20,813,350 eur.

Court proceedings 

When claiming compensations, the erased can choose to file a lawsuit directly with a court or file a proposal for an out-of-court settlement with the State Attorney’s Office that is representing the state before all courts. Until 1 October 2015 (source: State Attorney’s Office) the State Attorney’s Office directly received 23 cases. 15 claims have already been processed and all 15 claims have been rejected. At the moment we do not have the total number of the lawsuits received by the courts, but they have communicated 40 lawsuits to the State Attorney’s Office as the counterparty. So far one of these cases has been concluded with a court settlement between the applicant and the Republic of Slovenia in the amount of approximately 9850 eur.