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crimes committed by totalitarian regimes - Ministrstvo za pravosodje

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

books like Bulgaria in the Secret Archive of Stalin, Over Glowing Coal, The Communist Legal System<br />

and many others. A significant number of repressed persons published their stories in the press and<br />

books, describing their lives. Numerous organi<strong>za</strong>tions of repressed persons were registered in Bulgaria<br />

with the main goal to inform the society about the lives of known dissidents and repressed persons and<br />

their support. Regular debates and commemorations were organized and one of the last monuments was<br />

opened at the place that became notorious for repressions – the camp in Belene.<br />

4. Foreign experience lessons<br />

At this stage, the long way of Bulgaria to reconciliation could be positively evaluated. The admission<br />

immediately after the changes on behalf of the supreme national institution – the National Assembly,<br />

of the misfeasance of the regime defused desires for taking the matters into individual hands and did<br />

not permit bloodsheds for revenge. The compensations for repressed persons restored their confidence<br />

in the democratic order. The negative experience from this approach should be shared: alleged false<br />

witnessing. The release of state financed benefits to persons, who sustained legally stipulated repression<br />

due to their criminal offences on the ground of falsified declarations of witnesses, provokes a feeling<br />

of injustice in persons, who are aware of how things are. Often, the following question arises: “Should<br />

we again have privileged ‘active fighters’?” On the other side is the anger of repressed persons, who<br />

feel scorned while the check of the authenticity of facts submitted on their behalf is ongoing. The law’s<br />

positive role is the sieving of facts, thus, admitting any repressions as illegal, but remedying only those<br />

proven. Unavoidably, the authorities will further face criticism from both sides, as it is hardly possible<br />

to avoid the controversy of all incoming demands. In this respect the Roman rule, that settlement <strong>by</strong><br />

extrajudicial agreement is preferable to resolving disputes <strong>by</strong> court adjudication, is applicable. Public<br />

awareness in this aspect is crucial not only concerning legislative measures, but also concerning their<br />

application. Only publicity and explanation could prevent further contradictions between individuals<br />

and social groups. Bulgarian experience in revealing the former State Security dossiers is controversial.<br />

On the one hand the long period before opening the dossiers allowed a part of them to disappear. On the<br />

other hand, namely the length of the elapsed time allowed emotions to fade out and prevent eventual<br />

aggressive attacks on behalf of affected close relatives after revealing the persons, whose reporting to<br />

the authorities caused their tragedies. Time worked in favour of reconciliation.<br />

There is much evidence for reconciliation in Bulgaria – the scope of entitlement of repressed<br />

persons was expanded <strong>by</strong> the Government of the Bulgarian Socialist Party that is identified as the<br />

successor of the Communist Party, but is increasingly promoting liberal motions in all aspects of<br />

government, including economy. The National Assembly adopted on 9 September 2004 a Declaration<br />

on the occasion of the 60 th anniversary of the introduction of the communist regime in Bulgaria that<br />

condemns once again the arbitrary acts, violence and mass murders, downtrodden human rights and<br />

constitutional principles, repressions of entire ethnic and religious groups. It could not be denied that<br />

the Bulgarian society is not evading the solution of the problems related to confrontation between<br />

separate groups of the population, but is consequently seeking ways for their solution. Whether the right<br />

answers were found is a matter of the check of time.<br />

Doubtlessly, the will and the responsibility of the ruling parties to prevent new public controversies<br />

should be appreciated. The first prerequisite for a right solution is the acceptance of different opinions.<br />

The second prerequisite is learning the lessons of history. Different states, where similar stages of<br />

development passed, approached the issue differently: to forgive and forget the past, to achieve national<br />

reconciliation, peace and stability (the former “Red Khmers” – President of Pol Pot’s regime – Khieu<br />

Samphan), amnesty for the political offenders due to imminent civil war in case of legal actions<br />

(the Cambodian Prime-Minister Hun Sen), judicial pursuits (at national and international level) and<br />

sentencing those found guilty. Correlated to remedy, reconciliation is a more effective approach as<br />

it is centre positioning both – the victim and the doer. Namely the establishment or restoration of a<br />

dialogue between the parties in the conflict, the creation of a feeling of responsibility and taking over<br />

responsibility on behalf of the doer, the remedy of the damages, the reconciliation of the parties in the<br />

conflict, the elaboration of sustainable solutions are the means and the ways to a better future while<br />

stigmatizing the mistakes of the past. The role of the EC is to prevent conformism as well revenge from<br />

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