WASHINGTON – Rep. Benjamin L. Cardin today told a Congressional hearing of the Helsinki Commission that European nations continue to resist turning over property that was illegally seized by the Nazis during World War II or by Communist regimes after the war.

   The Congressman is a Commissioner on the Helsinki Commission and recently traveled to Berlin to participate in the Parliamentary Assembly meeting of the Helsinki Commission about the growing problem of property restitution in Europe.

   The Helsinki Commission, which was created in 1975 to promote the rule of law, democracy and human rights in Eastern Europe, has strongly urged European nations to establish a fair and equitable property restitution program. Unfortunately, many of these countries discriminate against claimants based on citizenship, residency, statute of limitations and other criteria.

   In highlighting the difficulty claimants have in pursuing a claim, Rep. Cardin stated that: "No country has adopted a ‘model' law, and the few laws that do exist discriminate on the basis of residency, citizenship and other factors. It's clear that property restitution laws are not being implemented and that many countries treat religious communities differently, giving preference to one religion over another. Efforts to return property to former owners have been uneven and often unsuccessful, with practices varying from country to country.

   The Congressman cited an example of Jacqueline Waldman, a constituent, who fought for years to get her family home returned to her by the Romanian government. Despite four Romanian court rulings declaring her the "rightful heir," the government refused to return the property.

   In 1999, Rep. Cardin traveled to Romanian and presented Romanian President Emil Constantinescu with a personal letter urging the Roman government to accept the decision of the courts. The Romanian government finally agreed to stop appealing the case and returned the property to Mrs. Waldman in 2001.

   The Congressman singled out Poland, the Czech Republic, and Romania as the countries most resistant to property restitution claims. "These claimants suffered a terrible injustice when their property was illegally seized. That injustice continues today as these countries resist doing what is right."