crimes committed by totalitarian regimes - Ministrstvo za pravosodje

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Crimes committed by totalitarian regimes I believe that open objective discussions organized at the European level, with evaluation and condemnation of the Soviet totalitarian regime, its crimes and ideology, should be the next positive example of critical thinking and will strengthen the grounds of European democracy. “Resolution 1481” (2006) of Parliamentary Assembly of Council of Europe and these hearings are first steps in that direction. European political leadership and value-based decisions are in greatest importance. But it seams that most of these leaders do not recognize the importance of this process for Europe’s future. Some because they and their countries were happy not to experience Soviet atrocities and these “historical questions” are not simply important for them. But some, mostly left wing politicians, usually do not support the idea of condemning Soviet-Communist system because of their ideological proximity. Political proximity of the Marxist-Communist ideology to the Western democratic left-wing parties most likely contributed to it. I must stress that on one hand, Western social-democratic ideology and principles of social solidarity and the welfare state have nothing to do with pseudo-scientific Communist ideology and the totalitarian anti-human practices of the Soviet totalitarian state. But on another hand, some theoretical-ideological proximity exists. So, softly speaking, the sceptical attitude of the representatives and leaders of left-wing parties in international organisations and forums when trying to suspend the initiatives to evaluate the ideology of the communist regime and its crimes leads us to this conclusion. The position of the post-Soviet States also adds to the fact that thus far the communist regime, its ideology and crimes have not been properly evaluated yet. A large part of the political and economic elite of these countries has been rooted in that time period and they are not interested in raising similar issues. Furthermore, “young democracies of Europe” lack maturity – they clearly fail to identify themselves in the historical process and are at a loss within the geopolitical context; issues of the long-term state strategy and values are practically not discussed in policy and public discourse; their elite is mainly concerned with material issues – solving short-term economic problems. Though value-based issues are difficult to grasp, it is in this sphere that the most intense competition, and even a struggle, is going on between the most powerful of the world for the brains of individual people, communities, entire states or even regions. Mature Western States understood it a long time ago and devote special attention to the value-based issues in their policies – dozens of institutions and “think tanks”, hundreds of ideologists who carry out the state commissions, are at work. Long-term strategies and conceptions are being devised for the implementation of which services of total administrative capacities of the state, and the diplomatic corps, in particular, are requested. When observing Russia’s policy, one can unambiguously state that it also clearly positions itself in this value-based space devoting special attention to the use of history within the geopolitical context. Summarizing this part of my presentation: Europe is lacking determination and political leadership based on moral grounds. In my view, politics that are not based on moral considerations are, at the end of the day, not practical politics at all. 5. The concept of genocide One of the arguments that Nazism and Soviet Communism cannot be treated at the same level relates to the concept of genocide. The “United Nations Convention on the Prevention and Punishment of the Crime of Genocide of 1948” is taken as the standard of this concept. The Convention enumerates those groups against whom the activity committed is considered as the crime of genocide – they are national, ethnic, racial and religious groups. However, it should be noted that the definition of the very term genocide by its author Raphael Lemkin involved also attacks against political and social groups. Political groups also appeared in the “United Nations Resolution No. 96” (I) of 1946, in the draft of the “Convention” prepared by the Ad Hoc Committee. It was only at the last moment that with efforts of the Soviet Union and its satellites – other puppet communist regimes – no place was left in the final text of the Convention for repression against political groups. However, did dozens of millions of victims of the Soviet-Communist regime suffer less, or is the totalitarian communist regime less evil because of that? Does the modern world of the 21 st century have to follow documents from Stalin’s time and spirit, 16
Crimes committed by totalitarian regimes dividing victims and crimes into ‘more’ or ‘less’ important on this formal basis? Can Soviet totalitarian regimes just on these formal grounds therefore be regarded as lesser evil? I very mach agree with famous Holocaust scholar Prof Yahuda Bauer, who stated that “/…/ victim is victim, murder is murder, torture is torture, and rape is rape. Starvation, pain, disease, and humiliation are the same, no genocide is more important than another one; no one is more victim than another one /…/”. 6. The Nuremberg Tribunal Within this context, in 2006 the European Court of Human Rights made a very significant decision in the case of Estonia. It recognised Soviet occupation, and according to international law, identified the crimes committed by the regime as crimes against humanness. The decision also underlines that the principles of the Nuremberg Tribunal apply to Soviet crimes too. Court noted that “although the Nuremberg Tribunal was established for trying the major war criminals of the European Axis countries for the offences they had committed before or during the Second World War, the Court notes that the universal validity of the principles concerning crimes against humanity was subsequently confirmed by, inter alia, Resolution No. 95 of the General Assembly of the United Nations Organisation (11 December 1946) and later by the International Law Commission. Accordingly, responsibility for crimes against humanity cannot be limited only to the nationals of certain countries and solely to acts committed within the specific time frame of the Second World War. In this context the Court would emphasize that it is expressly stated in Article I (b) of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity that no statutory limitations shall apply to crimes against humanity, irrespective of the date of their commission and whether committed in time of war or in time of peace.” 7. How to change the situation of double standards in the perception of totalitarian regimes and how to overcome barriers? For that we need: – Clear political will; – Moral grounds for political decisions; – Open dialog; – Legal framework; – Institutional framework; – Modern education. Some aspects I already discussed earlier, but on some I want to elaborate. 7.1. Open dialog The initiative of the European Commission is very positive steps in this direction. But the process should be continued and public debates should be stimulated on all levels and supported by the Commission and EU Member States. 7.1.1. The objectives and principal discussion topics of the public hearings and debates can be: – Historical and educational. Presentation of the historical experience of various countries (which is vitally important to understand each other better): – Ideologies and doctrines of the communist and other totalitarian regimes; – The genocide crimes, crimes against humanity and war crimes of the regimes; the damage caused by the crimes and their scope; 17
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