The World Macedonian Congress (WMC) filed criminal proceedings against the Prime Minister of the Republic of Macedonia Zoran Zaev and Foreign Minister Nikola Dimitrov with the Public Prosecutor’s Office in Skopje for damaging the international reputation of the Republic of Macedonia (Article 178), the public ridicule of the Macedonian people (Article 179), high treason (Article 305), endangering the independence of the republic of Macedonia(Article 308), creating a terrorist threat to the constitutional order and security (Article 313) enemy activity (Article 324) abuse of official position and authority (Article 353) and the autocratic nature (Article 392) of the Criminal Code of the Republic of Macedonia.
In the criminal proceedings filed by WMC it states that in the period 2017 and 2018, Zoran Zaev as Prime Minister of the Republic of Macedonia and Nikola Dimitrov as Minister of Foreign Affairs undertook activities to attempt to change the constitutional name of the Republic of Macedonia and the identity of the Macedonian nation, the Macedonian people and the name of the Macedonian language in a manner contrary to the role of their official positions, their legislative authority and contrary to the parliamentary procedures established in the Constitution of the Republic of Macedonia.
The WMC reminds the people of Macedonia that in the absolute majority result of the referendum held on 8 September 1991, the Macedonian people and the citizens of the Republic of Macedonia voted “FOR A SOVEREIGN AND INDEPENDENT STATE OF MACEDONIA” without any additions and without adjectives. The results of the referendum held on 8 September 1991 were confirmed in the Parliament of the Republic of Macedonia by a Declaration adopted on 17 September 1991 (“Official Gazette of the Republic of Macedonia” No. 42/1991). In accordance with Article 73 paragraph 4 of the Constitution, the decision taken at the referendum is binding for all without exception including the current Government. Zoran Zaev and Nikola Dimitrov are in violation of the Declaration as they currently lead negotiations on changing the name of the Republic of Macedonia, the identity of the Macedonian nation, the Macedonian people and the Macedonian language.
WMC accuses Prime Minister Zoran Zaev and Foreign Minister Nikola Dimitrov of negotiating a name change for the Republic of Macedonia and by association the national identity of the Macedonian people, contrary to the parliamentary declaration regarding the ‘Lisbon Declaration of the European Council of the European Community for the former Yugoslavia adopted on 27 January 1992’ (Official Gazette of the Republic of Macedonia” No. 40/1992).
WMC recalls that item 1 of the Parliamentary Decree regarding the ‘Lisbon Declaration’ states: “The Government of the Republic of Macedonia considers it unacceptable and rejects the UN ‘Lisbon Declaration’ which in itself states its readiness to recognize the republic under a name which does not include the term Macedonia”. The Macedonian Parliamentary Decree goes on to say: “The name Macedonia is the basis for the name of the nation and the Macedonian people which represent the majority in the Republic of Macedonia. The ‘Lisbon Declarations’ is discriminatory against the people and the nationalities that live within Macedonia. It is contrary to ensuring the peaceful and stable development of the Republic of Macedonia and the preservation of its sovereignty and independence which was secured in a peaceful and democratic manner”. Item 7 of the Parliamentary Decree also states: “The Assembly of the Republic of Macedonia continues to insist and demand from the European Community as well as from the wider international community, from the Conference on European Security and Cooperation, from the United Nations Organization and its members internationally to recognize the Republic of Macedonia with its constitutional name and its existing borders.”
WMC accuses the Prime Minister of the Republic of Macedonia Zoran Zaev and the Minister of Foreign Affairs Nikola Dimitrov of acting in a manner contrary to their official positions, outside of their legislative authority and of violating the following acts of international and domestic law:
(1) The Charter of the United Nations and the Universal Declaration of Human Rights, in which the Macedonian peoples right to the name of Macedonia is inalienable, immovable and sacred. It has provided the right to self-determination and self-identification for the Macedonian people!
(2) Resolution 817 (1993) of 7 April 1993, the United Nations Security Council and Resolution 47/225 of 8 April 1993 to the General Assembly of the United Nations in which Macedonia is admitted to the United Nations does not require the change of the name of the Macedonian state, but rather refers only to the PERIOD OF DISCUSSIONS SURROUNDING THE DIFFERENCES regarding the name of the republic between Macedonia and the Government in Athens, with the remark: While the talks take place, only within the United Nations system and only during that time, Macedonia should be referred to as “the Former Yugoslav Republic of Macedonia”.
(3) The request of the Republic of Macedonia (A / 47/876-S / 25147) for admission to the United Nations is filed under its constitutional name of the Republic of Macedonia.
(4) “The former Yugoslav Republic of Macedonia” is not an international name whose replacement is to be negotiated with a new international name, but a temporary address only in the United Nations system during the discussions on the difference regarding Macedonia’s constitutional name between the governments in Skopje and Athens. Macedonia does not have a composite name that consists of two or more words, nor a separate name for domestic and an international name for the rest of the world. The name of the state consists of only one word – the word Macedonia!
(5) The report of the Arbitration Commission from the ‘Conference on Yugoslavia to the European Community’, adopted by the Council of the European Community on 16 December 1991 states that the Republic of Macedonia meets the requirements of the ‘Guidelines for Recognition of New States in Eastern Europe and the Soviet Union’. In the report, it states in the Declaration on Yugoslavia that “the use of the name Macedonia does not contain any territorial pretensions to another state”.
(6) The amendments to Articles 3 and 49 of the Constitution, adopted on January 6, 1992, at the request of the European Union and under pressure from Greece confirm that “Macedonia has no territorial pretensions towards neighbouring countries” and that “Macedonia will not interfere in their internal affairs in relation to and rights of the Macedonian minority in the neighbouring countries”
(7) The judgment of the International Court of Justice in The Hague of 5 December 2011, after a complaint from Macedonia against Greece in 2008, suspended Greece’s suspensive rights against international organizations and confirmed the right of Macedonia to apply for membership and to become a member of international organizations under its constitutional name. It did not accept Greece’s claim that the use of the name Macedonia fell under the exception provided in article 11 of the Interim Accord that permitted Greece to object to Macedonia’s admission to organizations if the “Republic of Macedonia applied to them using any name other than FYROM”
The WMC states that the actions of Zoran Zaev and Nikola Dimitrov are contrary to the constitutional obligations of the Prime Minister of the Republic of Macedonia and Minister of Foreign Affairs which are to protect the constitutional order and sovereignty of the Republic of Macedonia. On May 31, 2017 before the Assembly of the Republic of Macedonia, Zoran Zaev gave a solemn declaration in accordance with Chapter 7 Article 116 of the Rules of Procedure of the Assembly of the Republic of Macedonia which read: “I declare that I will conscientiously undertake the function of office, its direct responsibilities and I will respect the Constitution and the laws of the Republic of Macedonia.” The solemn statement was signed and handed over to the President of the Assembly.
The actions are contrary to his responsibilities and Zoran Zaev’s actions are in direct contradiction to the written statement given to the President of the Republic of Macedonia on May 17, 2017 as a guarantee in order to be granted a mandate for the composition of a Government, in which he confirmed that no document, platform, declaration, act or action would be allowed that is contrary to “the unitary, sovereign, territorial integrity, independence and multiculturalism of the Republic of Macedonia, it’s constitutional order, the territorial integrity of the Republic of Macedonia or its state interests. No decisions will be taken outside of the rule of law nor will any decisions be made that place the Republic of Macedonia in a position of subordination or dependence in relation to another state and any such decisions will not be allowed to provide any basis for the formation of, nor the activities of the Government!”
WMC reiterates that with the current negotiations on changing the constitutional name and the identity of the nation, Zoran Zaev and Nikola Dimitrov undermine the international standing of the Republic of Macedonia, which is a criminal offense punishable under Article 178 of the Criminal Code, because “they publicly damage the Republic of Macedonia’s international reputation”.
With the negotiations on changing the constitutional name and the identity of the nation, Zoran Zaev and Nikola Dimitrov also subject the Macedonian people and the members of other communities living in Macedonia to public ridicule, which is a criminal offence punishable under Article 179 of the Criminal Code.
Zoran Zaev and Nikola Dimitrov are carrying out the criminal act of high treason, punishable under Article 305 of the Criminal Code. With negotiations for changing the constitutional name and the identity of the nation “they are attempting to change the constitutional order of the Republic of Macedonia”. Zoran Zaev’s recent public statements that he would attempt to change the constitutional name and the identity of the nation at the cost of his political career, is a serious threat to the constitutional order of the state because it encourages future conflict in order to recompose the sovereignty and territorial integrity of Macedonia.
The attempted change of the constitutional name and the identity of the nation at the same time is recognition of a foreign occupation, punishable under Article 306 of the Criminal Code because the Republic of Macedonia is brought into a position of subordination or dependence to the Republic of Greece. Any person who allows the occupation of the Republic of Macedonia shall be punished with imprisonment of at least ten years or life imprisonment.
Any agreement to change the constitutional name and the identity of the nation jeopardizes the independence of the Republic of Macedonia. It is punishable under Article 308 of the Criminal Code, according to which independence is jeopardised if “the Republic of Macedonia is put in a position of subordination or dependence on another state and shall be punished with imprisonment of at least five years.”
With the negotiations on changing the constitutional name and the identity of the nation, the Government performs a “terrorist threat to the constitutional order and security of the nation” punishable under Article 313 of the Criminal Code. With that, the Prime Minister and members of the Government of the Republic of Macedonia demonstrate an “endangering of the constitutional order and security of the Republic of Macedonia” and creates a feeling of insecurity and fear among the citizens.
With the negotiations for changing the constitutional name and the identity of the nation Zoran Zaev and Nikola Dimitrov are guilty of a conspiracy which is a crime according to Articles 305 and 311 of the Criminal Code, and makes Zoran Zaev and Nikola Dimitrov guilty of the criminal act of “association for the purpose of hostile activity” which is punishable under Article 324 of the Criminal Code, that states;
- A person who creates a plot, gang, group or other association of persons or organization for the purpose of committing the crimes referred to in Articles 305 to 311, 313, 314, 315, 321 and 322 paragraph 2, shall be punished with imprisonment of at least four years.
- A person who becomes a member of the association referred to in paragraph 1 shall be punished with imprisonment of one to five years.
Zoran Zaev and Nikola Dimitrov are carrying out a flagrant violation of the Constitution and laws, as well as the international law with “abuse of official position and authority” punishable under Article 353 and “autonomy” punishable under Article 392 of the Criminal Code.
Under Article 353 of the Criminal Code, Zoran Zaev and Nikola Dimitrov in the use of their official position’s, have exceeded the limits of their legislated authority, have failed to exercise their official duty and in doing so harm the Macedonian people and citizens of the Republic of Macedonia as a whole. This is highly damaging to the people of Macedonia and a violation of their rights.
According to Article 392 of the Criminal Code, Zoran Zaev and Nikola Dimitrov have incorrectly appropriated for themselves the right that is not theirs. The ability to change the constitutional name and the identity of the nation is not within the jurisdiction of the Government of the Republic of Macedonia, nor the Prime Minister of the Republic of Macedonia, nor the Minister of Foreign Affairs of the Republic of Macedonia.
Because of the above-mentioned reasons, the WMC proposes to the Public Prosecutor that Zoran Zaev and Nikola Dimitrov be detained and a measure for securing their assets in the Republic of Macedonia and abroad be implemented due to them being a flight risk.
For a long time, Zoran Zaev and Nikola Dimitrov have made public statements that unequivocally raise a reasonable suspicion of the committing of criminal acts against the sovereignty and territorial integrity of the state that are in direct contrast to his statements made in 2017 and 2018, where a solemn declaration was given to the Assembly stating his government would respect the Constitution, the laws, the sovereignty and territorial integrity of the state of Macedonia.
Zoran Zaev and Nikola Dimitrov as members of the Government of the Republic of Macedonia have undertaken actions sanctioned in the Criminal Code under the heading ‘Criminal Offences against the State’. In accordance with their public statements, it is evident there is an attempt to change the constitutional name and the identity of the nation, which jeopardizes the integrity and unity of the Republic of Macedonia. The independence of the Republic of Macedonia is also endangered by putting it in a position of subordination or dependence on another state i.e. the Republic of Greece, the Republic of Bulgaria and the Republic of Albania for the purpose of changing the constitutional name and the identity of the nation, the identity of the Macedonian people and of the Macedonian language.
That commitment by Zoran Zaev as Prime Minister of the Republic of Macedonia to conspire with the Prime Minister of the Republic of Greece and Nikola Dimitrov as Foreign Minister to conspire with the Minister of Foreign Affairs of the Republic of Greece against the sovereignty and territorial integrity of the state and the constitutional order outside of the Constitution and the law, threaten Macedonia’s unitary nature and statehood. It causes harmful consequences for the lives and property of the citizens and constitutes the most severe criminal offence against the state of high treason.
WMC expects that the public prosecutor will impose the most severe punishment of life imprisonment against Zoran Zaev and Nikola Dimitrov with the confiscation of all assets that exceeds their legal income, that they do not have a declaration of origin and a court ban on performing any state duties due to the criminal acts the Prime Minister and the Minister of Foreign Affairs of the Government of the Republic of Macedonia have committed against the state and the nation when they were holders of public office.
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