crimes committed by totalitarian regimes - Ministrstvo za pravosodje
crimes committed by totalitarian regimes - Ministrstvo za pravosodje crimes committed by totalitarian regimes - Ministrstvo za pravosodje
Crimes committed by totalitarian regimes 4. Conclusions Having, since the fall of the Berlin wall, been very committed to cooperation in reforms for the more recent members of the Council of Europe – including those who would later become members of the Union – I would like to conclude by sharing a few personal thoughts: Since 1989, European institutions have had to face an unprecedented challenge; to extend their democratic values to the whole of our continent. This does not happen in one day; it can even take decades and must be done in synergy and dialogue with the countries concerned and accepted by their citizens, which necessitates this “transformation of hearts and minds” that cannot be imposed from above, whether it be by Brussels or Strasbourg and even less so from outside Europe! The elimination of the remains of totalitarian regimes, justice for victims, and punishment of the guilty must absolutely go together with reconciliation, whether on an international or a national level where each country must find its own way. Reconciliation can sometimes be slow and require patience because totalitarian regimes have made and left millions of victims. These victims or their families long for justice. This justice can only be rendered while respecting the constitutional state and the rights of man that the European institutions must continue to promote tirelessly. Procedures in a spirit of vengeance or exacerbated nationalism run the risk not only of prejudicing reconciliation but also of giving rise to nostalgia for “former regimes” or even favouring their resurgence. It is indispensable, on the other hand, that victims see their suffering recognized. Knowledge of the history of totalitarian regimes and their crimes must therefore be promoted not only on a national level but also on a European level. And yet this question is too often considered by our older member countries as only a concern to the east of our continent. The Iron Curtain no longer exists physically but it has a tendency to endure in people’s minds; to ignore or neglect to deal with the problems encountered by more recent democracies is not only contrary to European solidarity but dangerous because a resurgence of totalitarian ideologies would seriously compromise freedom and peace in Europe and would certainly also make new victims! Let us not forget history, but let us not forget either that we are the ones who are creating the history of our era! 282
Crimes committed by totalitarian regimes Marianne Birthler Reconciliation and totalitarian crimes: which lessons can be drawn from a successful experience? How quickly civil structures and a constitutional state can be destroyed has become evident a number of times during the 20 th century. It has also become as evident how difficult the way back is. They say it is relatively easy to make fish soup from an aquarium; however, to reconvert the fish soup into an aquarium is much more complicated. The end of a dictatorship is associated with profound political and social changes. The path towards a functioning democracy and constitutional state is long. It is a necessary step that previous rulers are replaced, and at best, a democratically legitimised political power takes over, however, it is merely the first step on a long route. 20 th -century-Europe has plenty of examples to offer: the National Socialist rule of the Germans, the communist rule of 40 years and the foreign rule in many of its countries, as well as the dictatorships in Spain, Greece, Portugal and Italy. A lot of time went by in too many instances, before the truth about the crimes was revealed, therefore, the victims or their relatives were no longer able to obtain reparation. What does a society need after the end of a dictatorship, on its path towards a life of freedom, justice and human dignity? Which social processes are necessary after the end of a dictatorship in order to facilitate peace within the society and to limit damage which continues to have an effect? Which political frame conditions are necessary? Which laws or regulations are necessary along with which material efforts? Which role do society’s civil structures and initiatives play? How can they be encouraged? These general questions are supplemented with a few more specific, however not less important questions: How does a society treat its victims of despotism? Are they rehabilitated? Do they receive any compensation? Are they and their fates given public attention? Are those responsible made accountable? Are the perpetrators put on trial? Are their names made known? Are inspections carried out in order to remove previous collaborators from important offices and positions? Are the archives opened and is the previous knowledge of the regime made accessible to the public? Are there any efforts to research the power structures? How is such knowledge published? Which forms of publicly dealing with the past exist? Is the opposition to the dictatorship appreciated? Is there a public commemoration of the victims? Are the stories of the victims and of the opposition collected and stored for generations to come? Which attitude does the “silent majority” take: Does it express solidarity with the former rulers because it benefited from the conditions and remained silent with respect to the crimes? Are there attempts to glorify the past? Or, does the public side with the previously politically persecuted – be it due to sympathy or due to feeling guilty? Lack of civil courage, love of liberty, civic-mindedness and democratic self-confidence are all part of the disastrous consequences which continue to have a long lasting effect. What encourages people to use their newly gained freedom for themselves and for the common good? Efforts of accounting for the past are, at times, in danger of being politically or partly politically exploited. Which precautions are to be taken? Questions upon questions. The answers to those questions will always turn out differently. The experience of individual countries is not transferable. However, it is worth mutually recognizing such an experience, especially as Europe continues to unite. “Every country has its own 20 th century” was what I recently read in an appeal by Memoriale which encouraged people to respectfully deal with the different, even contrasting, political experience. This surely does not only apply to the memories of dictatorships, wars and civil wars, but also to dealing with these memories. 283
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Crimes <strong>committed</strong> <strong>by</strong> <strong>totalitarian</strong> <strong>regimes</strong><br />
4. Conclusions<br />
Having, since the fall of the Berlin wall, been very <strong>committed</strong> to cooperation in reforms for the<br />
more recent members of the Council of Europe – including those who would later become members of<br />
the Union – I would like to conclude <strong>by</strong> sharing a few personal thoughts:<br />
Since 1989, European institutions have had to face an unprecedented challenge; to extend their<br />
democratic values to the whole of our continent. This does not happen in one day; it can even take<br />
decades and must be done in synergy and dialogue with the countries concerned and accepted <strong>by</strong> their<br />
citizens, which necessitates this “transformation of hearts and minds” that cannot be imposed from<br />
above, whether it be <strong>by</strong> Brussels or Strasbourg and even less so from outside Europe!<br />
The elimination of the remains of <strong>totalitarian</strong> <strong>regimes</strong>, justice for victims, and punishment of the<br />
guilty must absolutely go together with reconciliation, whether on an international or a national level<br />
where each country must find its own way. Reconciliation can sometimes be slow and require patience<br />
because <strong>totalitarian</strong> <strong>regimes</strong> have made and left millions of victims. These victims or their families long<br />
for justice. This justice can only be rendered while respecting the constitutional state and the rights of<br />
man that the European institutions must continue to promote tirelessly.<br />
Procedures in a spirit of vengeance or exacerbated nationalism run the risk not only of prejudicing<br />
reconciliation but also of giving rise to nostalgia for “former <strong>regimes</strong>” or even favouring their resurgence.<br />
It is indispensable, on the other hand, that victims see their suffering recognized.<br />
Knowledge of the history of <strong>totalitarian</strong> <strong>regimes</strong> and their <strong>crimes</strong> must therefore be promoted not<br />
only on a national level but also on a European level. And yet this question is too often considered <strong>by</strong><br />
our older member countries as only a concern to the east of our continent. The Iron Curtain no longer<br />
exists physically but it has a tendency to endure in people’s minds; to ignore or neglect to deal with<br />
the problems encountered <strong>by</strong> more recent democracies is not only contrary to European solidarity but<br />
dangerous because a resurgence of <strong>totalitarian</strong> ideologies would seriously compromise freedom and<br />
peace in Europe and would certainly also make new victims! Let us not forget history, but let us not<br />
forget either that we are the ones who are creating the history of our era!<br />
282