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 the whole situation under control with the NOB, “the allies” were not needed any more, so they were forced to sign the Dolomiti Declaration, with which they finally capitulated. With this decree the leaders of the OF hardly obstructed the resistance of traditional parties. Obviously, they did not strive to resist the occupation as such, but to set up the basis for a Communist revolution. As early as at the end of August, the organizing secretary, Tone Tomšič, clearly said: “Those are mistaken who thought that the great Liberation Front of the Slovene nation is possible without the strong organisation of the Slovene KP.” The second important decree was “The decree of the Slovene National Liberation Committee on the inclusion of Slovene partisan units in the national liberation partisan divisions of Yugoslavia”, which was at the same time the first “normative act” of the SNOO after its constitution. It stated that Slovene troops form Slovene military units with their own command structure and incorporate these units into “the National Liberation partisan divisions of Yugoslavia” under a central command. Some kind of completion was then “The decree of the Liberation Front of the Slovene nation on the establishment of National Guard”, which was published in the newspaper The Slovene Reporter on 17 October 1941. This decree subordinated the National Guard (NZ) to the command of Slovene partisans units. The task of the NZ was the prevention of arrests, the requisition of food and cattle, the migration of Slovenes and colonization by foreigners, burning down villages etc. It was organized in villages, towns, factories, and companies. “Joining the National Guard is the duty of every man capable of bearing arms.” Besides its military authority, the SNOO would also gain penal authority with this decree. According to the estimation of the Republican Secretariat for Slovene Internal Affairs SR, this decree stated in 1976 “the first standards of material and procedural criminal law in the National Liberation war”. The third decree with long-term consequences was “The decree of the Slovene National Liberation Committee (SNOO) on the defence of the Slovene nation and its movement for Liberation and Union”, which introduced a severe disciplinary and criminal system. This decree was therefore the basis of “the revolutionary judiciary”, until the Decree of Supreme Headquarters NOV in POJ on 24 May 1944 on courts-martial was issued and came into force on 30 August 1944. It created the conditions to act with reproaches of death and killing of the citizens who would not submit to the manipulation of the Liberation Front, under the word of “betrayal”. “The protective decree” gave the SNOO judicial authority. It identified the future “liquidation”, the killing of Slovenes who did not follow the principles, commandments and orders of the OF, or the KPS. With this instrument all unwelcome enemies could be denounced as “traitors”. And it did not matter if they actually collaborated, or quite the reverse, acted against the occupation outside the OF. “Traitors” could be sentenced to death after the decree “for the defence of the Slovene nation”. “Traitors” were informers, then Slovenes who entered “into relations with the dictators of the occupier or others enemies of the liberty of the Slovene nation” directly or indirectly. And finally, Slovenes who for their own benefits or the benefit of others, “mislead” “national troops to fight against the liberation of the Slovene nation”. On 31 January 1942, in The Slovene Reporter, the executive committee of the OF precisely defined and explained that it should be interpreted as “the sanctions /death penalty/ of this law refer to anyone responsible for the establishment of armed forces not formed within Slovene National Liberation partisan units and National Guard under the political and military leadership of the Liberation Front”. This meant that the death penalty threatened not only to those who mobilized “national forces” against the Liberation Front, but also those who used “national forces” for other purposes outside the OF. All activities, and therefore also resistance were “self-interested” and directed to national liberation if they did not act in the framework of the OF, under Communist leadership and the partisan military. Besides the death penalty, other punishments were determined – confiscation of all property, destruction of property, “national boycott” (exclusion from society). “The protective decree” envisaged special secret courts, but it did not mention how they should be constructed, who should be named to them, and how they were to act. It only defined that the process be quick, oral and secret, and that there was no appeal. Some important sentences were published in The Slovene Reporter, until it was seen that this had a very negative effect on people. Therefore Kardelj gave the order, on the proposal of Zdenka Kidrič, “that the names of killed denunciants should not be published anymore” except in “urgent cases”. From the published sentences we can find no particulars such as who passed the sentence, where and when. The names of the judges were known only to the executive committee of the OF. According to its judgment, this was a “typical form of revolutionary 50

Crimes committed by totalitarian regimes judiciary, which demands constant watchfulness from the responsible holders of political authority, the integrity of members of the court and the ability to properly evaluate information about criminal offences”. Therefore this statement already indicated the true character of these sentences. Victims were selected by the leadership of the Party and not the executive committee of the OF. It only gave orders for the circle of people from whom the Security Intelligence Service (VOS) as an executor of the Party selected the appropriate casualties. According to the published cases, the accusations were very general, and did not bother to cite concrete evidence. They were dictated by the needs of revolution. They did not consider the principles of the rule of law or humanitarian acts. The purpose of these “liquidations” was not a punishment for some concrete act, but the discouragement and intimidation of others. Only after the decision of the executive committee of the OF on 31 July 1942 in “liberated regions” – regions which the Italians had deserted and were then invaded by Partisans – was a “special judicial commission” established. It was to make judgements according to “the protective decree”, but because of the hard fighting it could not act properly. Later, after 1943, some criminal acts under “the protective decree” were left to military courts. But these “revolutionary courts” were also based on the reports of the VOS. In autumn 1943 their representatives accepted the reports of the VOS about the alleged guilt of “the accused” as a valid proof of guilt without further deliberation. On 24 October 1941 The Slovene Reporter published the “Warning” of the OF that “executions of traitors are matters of regular judicial operations, based on the decree of the SNOO. Neither so far nor in the future will there be unfounded death penalties and their execution.” There are no proofs that these named courts even existed until the establishment of the partisan courts, but it is known who executed these so-called sentences – the VOS. And now again arises the question of legitimacy, in this case of the Security Intelligence Service (VOS) or the Intelligence and Security Service as it was named until May 1942. It was established by the political bureau of the KPS on August 1941. It was led by political bureau VOS, which on 10 February (upon the instructions of the CK KPJ) was renamed the Central Commission of VOS. The Central Commission was directly responsible to the CK KPS and CK KPJ. The VOS acted until 19 February 1944, when at the first session of SNOS in Črnomelj it was dissolved. The successor of VOS became OZNA. Although the VOS had the title OF (VOS OF), which should emphasize party responsibility for the OF and documented that it served the whole National Liberation struggle (NOB), it was actually an exclusive body of the Party. The Liberation Front did not subsequently identify the VOS. Members of the VOS were exclusive members and candidates of the KP and the Communist Youth Organisation, SKOJ. The VOS answered directly and exclusively to the Central Committee of KPS and served the Party exclusively. They carefully hid certain information from “the allies”, and later wrote special censored reports for them. The VOS was divided into three departments: the Mass Intelligence Service, Special Intelligence Service, and Security Service. The latter was some kind of executive body of the Intelligence Service. The units were organized on military lines and actions executed (sabotage actions and “liquidations”) according to precisely defined plans. The units were manned by activists, supposedly brave and calm, but not reckless, ruthless, suitable and ready for total individual armed actions. The Security Service in Ljubljana executed house searches of obvious enemies of the NOB, stole their documents and records, destroyed printing offices, robbed weapons, equipment and money and, particularly, liquidated groups of people. By the end of the year 100 people had lost their lives. They were shot because of alleged denunciation and betrayal. Two were injured. In Ljubljana five socalled “sentences” were executed. On 4 December 1941 in Šiška among them was “liquidated” Fanouš Emmer, a rabid anti-communist and one of the first to expose the character of the Liberation Front at the time, when the majority of Slovenes had not even heard of the OF, and who organized an illegal group against the occupation which was to have united with Mihajlović. The execution of these “liquidations” failed three times, among them with General Leon Rupnik (25 September) and the Head of police Lovro Hacin (13 October). The VOS was very active the following year. They violently forced people to join the Partisans not only in Ljubljana, but also in the country. The causes of growing violence, which greatly increased in this period, lay in the conviction of the Communist Party that the war would be decided in 1942. During the war 4,000 civilians were killed by the Partisans. These were people, who represented ideological enemies for the Party. In Ljubljana in 1942, the VOS killed among many others the president of the Association of Industrialists, August Praprotnik (20 February), academician Franc Župca (16 March) and Jaroslav Kiki (18 March), priest and Prof Lambert Ehrlich (26 May). The last great actions in Ljubljana were the liquidations of the Ljubljana Police officer Kazimir Kukovič on 51

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

the whole situation under control with the NOB, “the allies” were not needed any more, so they were<br />

forced to sign the Dolomiti Declaration, with which they finally capitulated.<br />

With this decree the leaders of the OF hardly obstructed the resistance of traditional parties.<br />

Obviously, they did not strive to resist the occupation as such, but to set up the basis for a Communist<br />

revolution. As early as at the end of August, the organizing secretary, Tone Tomšič, clearly said: “Those<br />

are mistaken who thought that the great Liberation Front of the Slovene nation is possible without the<br />

strong organisation of the Slovene KP.”<br />

The second important decree was “The decree of the Slovene National Liberation Committee on<br />

the inclusion of Slovene partisan units in the national liberation partisan divisions of Yugoslavia”, which<br />

was at the same time the first “normative act” of the SNOO after its constitution. It stated that Slovene<br />

troops form Slovene military units with their own command structure and incorporate these units into<br />

“the National Liberation partisan divisions of Yugoslavia” under a central command. Some kind of<br />

completion was then “The decree of the Liberation Front of the Slovene nation on the establishment of<br />

National Guard”, which was published in the newspaper The Slovene Reporter on 17 October 1941.<br />

This decree subordinated the National Guard (NZ) to the command of Slovene partisans units. The<br />

task of the NZ was the prevention of arrests, the requisition of food and cattle, the migration of Slovenes<br />

and coloni<strong>za</strong>tion <strong>by</strong> foreigners, burning down villages etc. It was organized in villages, towns, factories,<br />

and companies. “Joining the National Guard is the duty of every man capable of bearing arms.” Besides<br />

its military authority, the SNOO would also gain penal authority with this decree. According to the<br />

estimation of the Republican Secretariat for Slovene Internal Affairs SR, this decree stated in 1976 “the<br />

first standards of material and procedural criminal law in the National Liberation war”.<br />

The third decree with long-term consequences was “The decree of the Slovene National Liberation<br />

Committee (SNOO) on the defence of the Slovene nation and its movement for Liberation and Union”,<br />

which introduced a severe disciplinary and criminal system. This decree was therefore the basis of<br />

“the revolutionary judiciary”, until the Decree of Supreme Headquarters NOV in POJ on 24 May 1944<br />

on courts-martial was issued and came into force on 30 August 1944. It created the conditions to act<br />

with reproaches of death and killing of the citizens who would not submit to the manipulation of the<br />

Liberation Front, under the word of “betrayal”.<br />

“The protective decree” gave the SNOO judicial authority. It identified the future “liquidation”,<br />

the killing of Slovenes who did not follow the principles, commandments and orders of the OF, or the<br />

KPS. With this instrument all unwelcome enemies could be denounced as “traitors”. And it did not<br />

matter if they actually collaborated, or quite the reverse, acted against the occupation outside the OF.<br />

“Traitors” could be sentenced to death after the decree “for the defence of the Slovene nation”.<br />

“Traitors” were informers, then Slovenes who entered “into relations with the dictators of the occupier<br />

or others enemies of the liberty of the Slovene nation” directly or indirectly. And finally, Slovenes who<br />

for their own benefits or the benefit of others, “mislead” “national troops to fight against the liberation<br />

of the Slovene nation”. On 31 January 1942, in The Slovene Reporter, the executive committee of the<br />

OF precisely defined and explained that it should be interpreted as “the sanctions /death penalty/ of<br />

this law refer to anyone responsible for the establishment of armed forces not formed within Slovene<br />

National Liberation partisan units and National Guard under the political and military leadership of<br />

the Liberation Front”. This meant that the death penalty threatened not only to those who mobilized<br />

“national forces” against the Liberation Front, but also those who used “national forces” for other<br />

purposes outside the OF.<br />

All activities, and therefore also resistance were “self-interested” and directed to national liberation<br />

if they did not act in the framework of the OF, under Communist leadership and the partisan military.<br />

Besides the death penalty, other punishments were determined – confiscation of all property, destruction<br />

of property, “national boycott” (exclusion from society).<br />

“The protective decree” envisaged special secret courts, but it did not mention how they should be<br />

constructed, who should be named to them, and how they were to act. It only defined that the process<br />

be quick, oral and secret, and that there was no appeal. Some important sentences were published in<br />

The Slovene Reporter, until it was seen that this had a very negative effect on people. Therefore Kardelj<br />

gave the order, on the proposal of Zdenka Kidrič, “that the names of killed denunciants should not be<br />

published anymore” except in “urgent cases”. From the published sentences we can find no particulars<br />

such as who passed the sentence, where and when. The names of the judges were known only to the<br />

executive committee of the OF. According to its judgment, this was a “typical form of revolutionary<br />

50

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