crimes committed by totalitarian regimes - Ministrstvo za pravosodje

crimes committed by totalitarian regimes - Ministrstvo za pravosodje crimes committed by totalitarian regimes - Ministrstvo za pravosodje

22.11.2013 Views

Crimes committed by totalitarian regimes of the Council of Ministers of the Communist state in the period until 23 August 1989. Each citizen may also access copies of files of these vetting proceedings which have concluded with a binding resolution. The amended Act on The Institute of National Remembrance grants the right to access the archival documentation collected within The Institute of National Remembrance to journalists, subject to approval by President of The Institute of National Remembrance. At present, the most important task for the archival department of the Institute is development of an IT system which will facilitate greatly then use of the preserved documents. To start with, in autumn 2006, an integrated database was prepared and launched including information on record references of files kept within 15 branches of the archives of The Institute of National Remembrance in the country. At present, the database is available, apart from the Institute archivists, also to all persons who have been granted approval to access documents retained by the Institute. Simultaneously, work has begun on digitalisation of the card file resources, as well as – in co-operation with the state security services – review of the so-called restricted set, which should enable reduction of the size of the collection. 184

Crimes committed by totalitarian regimes Ekaterina Salkova * On rehabilitation and remedy measures in Bulgaria for persons repressed from 1944 through 1989 1 1. Introduction Prior to the substantial response to the questions, we would like to note our persuasion that the use of the term “totalitarian crimes” is inappropriate because of a contradiction in terms related to the basic principles of penal law. The principle of the individual penal responsibility is а positive result of the development of law through the centuries. It is hardly believable that any lawyer would admit the possibility of commitment not only of a violation but even of a crime by a non-personified group. On the other hand, as “totalitarian regime” is a notion of vague content being colloquial rather than a legal term, should it be used in a legal act? The term “regime” as a legal one characterizes the form of the government of a state, where as the government includes both the ones, who are being governed and the ones that exercise power. By using the phrase “crimes, committed by totalitarian regimes” one might admit a coincidence of the subject of the crime (the offender) and the object of the offence. The crimes were committed by particular representatives of the government – high-level and operational officials against certain persons, who also were part of this regime. Furthermore, in numerous cases repressions were exercised by one official representative against another. In case of such absence of clarity concerning the content of a term and its legal meaning, would it be reasonable to apply it in an international act or a legal act of a European institution? Wouldn’t it be more acceptable to use a non-contradictional legal term such as “crimes, committed during totalitarian regimes”, but crimes committed by individual officials? We are of the opinion that the term “illegal repression”, which is being used under the Bulgarian law for compensation of persons, who have suffered damages as a result of actions against them during the totalitarian regime, would be more correct. By the abovementioned opinion we join the efforts of the international community to undertake the necessary measures for prevention of crimes against peace and mankind, as well as the serious violations against human rights, accepted as a course of action of an entire political regime. Bulgarian people, having recently gone trough such a regime, have understanding for all persons oppressed due to their political believes and/or their religious faiths. The sensitivity of Bulgarian people to repressive measures motivated the adoption of laws of international importance, some of them being: the Declaration of the Grand National Assembly of April 5, 1991 for Cease of the Cruel Repressions Against Kurdish People, the imposing of embargo against numerous states (Uzbekistan, Zimbabwe, Burma (Myanmar) in line with the general positions of the Council of the European Union, the resolutions of the UN Security Council and the Organization for Security and Cooperation in Europe. 2. Awareness and understanding of repressions Almost immediately after the change of the totalitarian regime (10 November 1989) in the Republic of Bulgaria, the National Assembly passed in January 1990 a series of decisions to eliminate the consequences of infringement of the parliamentarian order, related to the policies of repressions against opposition parties and their representatives. With the adoption of a decision of 15 January 1990 on rehabilitation of political organizations and persons, object of repressions for political reasons, the National Assembly condemned political, judicial and administrative repressions, committed after 1 January 1946 “as a blatant infringement of the parliamentarian democracy and violation of the constitutional rights of citizens”. With the same decision, the National Assembly declared the political and civil rehabilitation of many active political figures and declared illegal and void the administrative deeds, according to which, Bulgarian citizens have been detained in arrests or in camps for political * Ekaterina Salkova, PhD, Senior Research Fellow, First Degree. 185

Crimes <strong>committed</strong> <strong>by</strong> <strong>totalitarian</strong> <strong>regimes</strong><br />

of the Council of Ministers of the Communist state in the period until 23 August 1989. Each citizen<br />

may also access copies of files of these vetting proceedings which have concluded with a binding<br />

resolution. The amended Act on The Institute of National Remembrance grants the right to access the<br />

archival documentation collected within The Institute of National Remembrance to journalists, subject<br />

to approval <strong>by</strong> President of The Institute of National Remembrance.<br />

At present, the most important task for the archival department of the Institute is development of<br />

an IT system which will facilitate greatly then use of the preserved documents. To start with, in autumn<br />

2006, an integrated database was prepared and launched including information on record references of<br />

files kept within 15 branches of the archives of The Institute of National Remembrance in the country.<br />

At present, the database is available, apart from the Institute archivists, also to all persons who have<br />

been granted approval to access documents retained <strong>by</strong> the Institute. Simultaneously, work has begun<br />

on digitalisation of the card file resources, as well as – in co-operation with the state security services –<br />

review of the so-called restricted set, which should enable reduction of the size of the collection.<br />

184

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