crimes committed by totalitarian regimes - Ministrstvo za pravosodje

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Crimes committed by totalitarian regimes “constructing Europe”, hence their experience of the shared values of Europe is bound to be thinner and so is their understanding of the informal rules and meanings. West Europeans seldom recognize this disadvantage and make few allowances for it. Although there may be a certain variety of legitimate opinions, whatever is common in Europe is based on a common understanding of truth and what are the legitimate ways of reaching this truth – debate, discussion, the collision of ideas. The wider the scope of a common understanding of our difficult past is, the stronger the European identity will be. France and Germany were the first to start reconciliation, not only on the grounds of common economic interest but also on the grounds of common understanding of the fact that bad history can only be overcome through its sincere reconsideration. This process required a conscious effort of will, a determination that as Europeans, they could construct a shared future through a better understanding of their shared past. It is time now to follow this path, to return to this conscious effort of will and to try to incorporate the historical memory of the twenty seven Member States into a broader, as common as possible, vision of the past. At the same time, there must be recognition that there will always be considerable variation in the national narratives of the European past. So why is history important today? Simply because the way history is being presented tells a lot about credibility of those who present it. Major distortions of history and denials of past wrongdoings always come as a warning sign for other partners. The most cogent and thoroughgoing way to achieve this is to reappraise the history of Europe from the perspective of human rights. The concept of human rights derives quintessentially from the European experience, it has taken a long struggle to establish it and violations of human rights have taken place in every part of Europe. The mission of the European Parliament informal working group on truth, justice and reconciliation should be: 1. To establish principles for the evaluation of historical developments; 2. To define the time and space framework of its considerations; 3. To plan its proceedings; 4. To specify the possible effects of its proceedings. As to point one, we suggest the following principles: – There must be a thorough and sincere recognition of facts. – There must be a respect for a minimum common ground of principles, such as the respect for human rights and international obligations. – There should not be a collective responsibility. – There must be a respect for proportions. One should not too easily compare events and developments of different nature and scale. But also one must bear in mind that even one individual innocent victim is a victim. – In court procedures one must apply the principle lex retro non agit. But the international community has now developed concepts, such as human rights, aggression, war crimes or genocide without a prescription, which are useful for evaluation of the past. Legal consequences can only result from action that was legally defined at that time, if only the “law” and subsequent law enforcement was not dealt by an unlawful, criminal regime; so, the said concepts are necessary points of reference for contemporary moral assessments. As to point two, we suggest that the 20 th century should be the time frame and geographical Europe, including, for historical reasons, the USSR-Russia and Turkey, should be the space frame. As to point three, we suggest the group should initiate a statement of case studies to be examined (open for future extension) and it should launch professional studies on these cases aimed at reaching formal conclusions. We consider them as not exclusively wrongdoing and crimes, but also or even at first – the cases of cooperation among nations and solidarity for a better future. 304
Crimes committed by totalitarian regimes As to point four, we suggest, firstly, the group should select cases that should be either: – sent to the International Court of Justice, or should be – examined by a special Tribunal, or should be – publicized in the media and promoted as necessary in the European Union schools. Secondly, the group should promote the discussion for establishment of general and legal principles how a democratic state should deal with the legacy of undemocratic or totalitarian past. Thirdly, the group should initiate the establishment of an European institute which should promote the awareness of the common European History which also includes the experience of new member state and which should investigate past wrongdoings in order to strengthen the European identity and the consciousness of democracy and human rights. The formation of our group would go in line with the Council declaration of 19 April 2007 dealing with crimes of genocide, crimes against humanity and war crimes, as well as with activities aimed at condoning, distorting or trivializing these crimes. Draft Resolution on Formation of a Working Group “United Europe – United History” (Wojciech Roszkowski, Gyoergy Schoepflin, Tunne Kelam, Girts Valdis Kristovskis, Vytautas Landsbergis) A. Considering that the European Union is based on certain common values. B. Considering that justice belongs to these fundamental values and that a sound historical knowledge is necessary to the exercise and promotion of justice. C. Considering that a broad common historical memory would be a strong unifying factor and that the lack thereof is an obstacle in the construction of a stronger and more compact Union. D. Considering that ignorance and false clichés in the historical memory of Europeans may create room for nationalistic or other abuses of historical remembrance. E. Considering the fact that present perceptions of past abuses and atrocities are an important part of contemporary debates on democracy. F. Considering that without due reflection and re-examination of historical experience past abuse may have an important impact on present international relations. G. Considering that the overcoming of bad historical legacies is possible, as the case of France and Germany after 1945 clearly shows. H. Considering that the recent extension of the European Union has added a new dimension to the European historical heritage. I. Considering that it is possible to work out common principles to assess historical developments, such principles formulated in the Briand-Kellogg Pact of 1927, the UN Declaration of 1948, the European Convention of Human Rights of 1950, the Helsinki Final Accord of 1975, as well reference to other international obligations. J. Considering that the denial of debate on past atrocities and abuses increase the risk of their repetition. We, the undersigned: 1. Believe that a comprehensive reassessment of European history will strengthen the European integration since a better future may only be built by means of a better understanding of the shared past. 2. Share the view that there is one historical truth but that there exist various opinions about this truth. A sincere exchange of these opinions in the spirit of mutual understanding and quest for reconciliation should lead to the elaboration of a wider and more common historical memory among Europeans. 3. Are of the opinion that although parliaments cannot change history, they should draw attention to the consequences of historical presentations and teaching. 4. Wish to establish a working group “United Europe – United History” to deal with the most important developments of the European 20 th century history, including unrecognized or forgotten crimes or other abuses of human rights and other international obligations, with the purpose of: 305
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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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