crimes committed by totalitarian regimes - Ministrstvo za pravosodje

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Crimes committed by totalitarian regimes This Panel is subject to the motto of reconciliation. It is not by accident that I have not yet mentioned this term. Reconciliation is a gift. It happens in relationships and stands at the end of a single, most hurtful process. It requires that injustice be addressed, that those responsible repent and that their victims are prepared to forgive. Such a beneficial process enables both the victims and offenders a new, liberated life. Even alienated people or population groups can reconcile: What kind of Europe would we have today if its people had not reached out to Germany in reconciliation after the horrors of the National Socialist crimes? However, unfortunately, the term “reconciliation” is often used carelessly, and yes, is even abused. For the sake of an alleged reconciliation, the offenders are not made accountable, the sufferings of the victims are not specified, and the truth is hidden in inaccessible archives. However, to remain silent about the past, to renounce retribution, contradicts reconciliation. Reconciliation, which intends to manage without truth, is just a foul peace. In Germany, we are confronted with the task to come to terms with two very different totalitarian regimes. This occasionally results in tensions, which I have no time to address here. However, I am convinced that the effort to come to terms with the communist rule has to do with the deficits concerning this matter after 1945. Never again were the victims to wait decades for their redemption, never again were the former elite to unrestrictedly continue their careers. It would go beyond the scope of this discourse to tell the stories of all institutions in Germany, which, at a great thematic breadth, dedicate themselves to the reconciliation of the Communist SED-dictatorship. The Stasi Records Office I direct is the largest institution. It disposes of approximately 170 kilometres of files of the GDR’s Secret Police, and through its work, essentially contributes to personal and social reconciliation processes. However, it is only part of a network, consisting of central and regional institutions, along with state and private institutions. For example, I would like to mention the Foundation for the Reconstruction on the SED Dictatorship, numerous private archives and reconciliation initiatives, as well as victim associations and counselling centres. The activity of these institutions is complemented by the Laws for the Cleansing of SED-Sponsored Injustice, which above all, govern the rehabilitation and indemnification of the formerly politically persecuted. Most of them do not owe their existence to political decisions, but to civic commitment. This also applies to the Stasi Records Office: The protection of the files and their access goes back to the time of the peaceful revolution and the occupation of the Stasi-offices in numerous cities of the GDR. Only great public pressure resulted in the governments of the GDR and the Federal Republic to include a provision in the Unification Treaty, according to which the files would also remain open in the united Germany. Two fundamental principles characterized the Stasi Document Law, on which basis my office is working: the right of the public to inspect the files and the protection of personal rights. It is selfevident that there is, to some extent, tension between the two. However, experience of more than 16 years shows that practical solutions were definitely found. At that time, it was particularly disputed whether the victims of the Ministry for State Security and the public had the right to know the names of the perpetrators. People feared that there would be acts of revenge. However, no such acts were made known. The right of every person to inspect all existing Stasi documents about themselves is of special significance. Since then, 1.6 million people have made use of their right by filing corresponding applications. The demand for inspecting the files is unalteredly high. During the year 2007 only, we received more than 100,000 applications for inspecting the records. The Stasi documents we manage are used on a large scale by scientists and publicists to research the power structures of the GDR. Legal rules, which stipulate the weighing of the public interest against the protection of personality rights regarding each individual case, apply to the release of the documents. The scientists of our office concentrate on researching the structure, effect and methods of the Ministry for State Security. Numerous publications have been issued, which have become standard works of GDR historiography. Still, there is a gap in Germany between the existing knowledge about the GDR’s system of power and the publicly spread information. Thus, one of the focal points of our work is to inform the public, 284
Crimes committed by totalitarian regimes and especially, the young generation, i.e. mainly through exhibitions, events and educational material for schools. For many years, inspecting civil service employees took up an important part of our work, today, only employees in high ranking positions are subject to regular inspections. However, through scientific research and media, time and again, individual cases become known and it is apparent that a large part of the public still disapproves of former Stasi employees being in important positions in politics, administration, sports or media. Some former spies use judicial means to fight against their names being revealed. Such a case is currently being tried before the local court in Zwickau / Sachsen. Certainly, it is too early to come to any conclusions, and, we cannot empirically prove that the path we embarked on in Germany was better than a path without reconciliation and access to the files. Before I get to what we might have reached, I would not like to conceal any of the deficits or unsolved problems: While many victims of the Communist regime live on the breadline despite compensation for wrongful imprisonment and a special pension, former state officials and state officers receive decent pensions. Apart from the shoot-to-kill at the Berlin Wall, there was hardly any criminal prosecution of communist crimes. Still, there is a lack of knowledge about the SED dictatorship. Only some teachers are interested in these topics. Still, there is a certain tendency toward trivialization. Nevertheless, we have managed to achieve plenty with our work: The past of the GDR not kept quiet is a public topic which is often passionately discussed. This part of our history is entering the fields of art and culture more and more. The victims were able to resolve their fates by means of the files of the Ministry for State Security. They were rehabilitated and received compensation. Politics and administration saw an extensive replacement of their personnel. Extensive research provides us with insights into the mechanisms of a dictatorship – this might help to more appreciate freedom and democracy. By means of secured knowledge, the legends and historic lies can be contrasted with facts. The stories of courage and resistance, as well as of the victims, were saved from being forgotten. I would like to answer the question, which conclusions could be drawn from our experience for Europe, with caution: The individual conditions, as well as the cultures, are just too different. However, before I make any suggestions, please let me express a request: Provided that I see things correctly, the German term “Vergangenheitsbewältigung” [process of coming to terms with the past] is on its best way of making an international career, which I find highly regrettable. The term “Vergangenheitsbewältigung” suggests that our past does not refer to our own painful history, but to an enemy which needs to be conquered and defeated – and, at least I hope, that this is not the manner in which we intend to deal with our past in Europe. Thus, I would like to ask that this term is not provided with an international platform. Now, let me mention a few practical suggestions: The archives – as far as they could be saved – must be made available to research and reconciliation. Reconciliation must not be exploited politically or partly politically. Hence, a strict compliance with constitutional principles is imperative. Furthermore, the institutions established for reconciliation must be protected against political interests and interventions. Europe needs the reminiscence of its liberation movements. I can assent to the statements by Mr Emanuelis Zingeris, according to which anti-totalitarian attitudes should be or should become an integral part of European values. As regards Germany, it can be said that since then, the memory of the resistance against the National Socialists has definitely contributed to the formation of democratic and liberal values. The resistance against any form of dictatorship in Europe, including the revolts against them, are a purely important European heritage, which needs to be preserved and passed on to future generations. It would be absolutely desirable to establish an institute for the reconciliation of European dictatorships and the experience of post-dictatorial transformation. 285
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CRIMES COMMITTED BY TOTALITARIAN RE
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TABLE OF CONTENTS PREFACE Lovro Št
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IV. REMEMBRANCE, RECOGNITION AND PU
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