crimes committed by totalitarian regimes - Ministrstvo za pravosodje
crimes committed by totalitarian regimes - Ministrstvo za pravosodje
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 />
Preface<br />
Lovro Šturm *<br />
Europe rests on the ashes of <strong>totalitarian</strong> <strong>regimes</strong>. The area of freedom, security and justice we<br />
know today covers countries which in the 20 th century, the “century of ideologies”, bore witness to what<br />
was then the greatest political, national and ideological schism and violence in all human history.<br />
After the First World War, also known as the “primordial catastrophe of the 20 th century”, at a time<br />
which was unmistakeably marked <strong>by</strong> economic crisis, the political stage was taken <strong>by</strong> dictatorships –<br />
particularly in central and eastern European countries. This was the time that saw the rise of fascist and<br />
national socialist <strong>regimes</strong> and, from as early as the 1917 October Revolution onwards, of communist<br />
<strong>totalitarian</strong>ism in the far east of Europe. With the end of the Second World War, however, and with it<br />
the demise of fascism and national socialism, communist <strong>totalitarian</strong>ism seized power in the eastern and<br />
south-eastern European countries and remained there until as late as the end of the ‘80s.<br />
The <strong>totalitarian</strong> <strong>regimes</strong> experienced <strong>by</strong> Europe in the past century managed to assume and<br />
strengthen their power not only through lies but also through mass murder, or, as we would call it<br />
today, <strong>crimes</strong> against humanity. A common expression for this is “gross and systematic violation of<br />
fundamental human rights”, which, as stated <strong>by</strong> the Convention for the Protection of Human Rights and<br />
Fundamental Freedoms, also includes the right to life. Many lives were taken without court proceedings<br />
and many guilty verdicts were passed <strong>by</strong> using discriminatory legislation without actual guilt being<br />
proven or a fair trial being enabled. The opponents of <strong>totalitarian</strong> authorities and of their laws were<br />
tortured and treated in an inhuman and humiliating way, and were sometimes forced to work in labour<br />
and concentration camps. What is more, <strong>totalitarian</strong> powers were also known for blatantly violating the<br />
freedom of expression, which was exposed to limitations, control and severe punishment if it criticised<br />
the system. Finally, such <strong>regimes</strong> were fundamentally characterised <strong>by</strong> discrimination on the grounds<br />
of sex, race, skin colour, language, religion, nationality, social origin and political conviction.<br />
Unfortunately, the forms of <strong>totalitarian</strong>ism we just mentioned were not copied from a textbook on<br />
political philosophy or legal history. They are real and they were experienced directly or indirectly <strong>by</strong><br />
large numbers of Europeans who were born before the fall of the Berlin Wall.<br />
Each country lived the 20 th century in its own way: while some countries never saw <strong>totalitarian</strong>ism,<br />
others had one or even two such <strong>regimes</strong>. What makes Slovenia special is that it is the only EU Member<br />
State to have experienced all three European <strong>totalitarian</strong>isms.<br />
As we have seen, the 20 th century was a difficult time for many countries. While they often came<br />
to be on separate sides, they all had their fair share of victims. To respect and nurture the general<br />
fundamental right to personal dignity of all victims is to prevent discrimination amongst the latter<br />
and guarantee their equal treatment. The right to personal dignity is one of the rare, if not the only<br />
fundamental personal freedom which does not expire together with human life in a physical sense, but<br />
must be respected after death.<br />
This publication is a collection of papers from the hearing “Crimes <strong>committed</strong> <strong>by</strong> <strong>totalitarian</strong><br />
<strong>regimes</strong>”, organised on 8 April 2008 <strong>by</strong> the Slovene Presidency of the EU Council and the European<br />
Commission, bearing in mind the framework decision on combating racism and xenophobia and the<br />
statement <strong>by</strong> the Council to organise a public European hearing on genocide, <strong>crimes</strong> against humanity<br />
and war <strong>crimes</strong> <strong>committed</strong> <strong>by</strong> <strong>totalitarian</strong> <strong>regimes</strong>.<br />
In the Europe of today, we are well aware that violence and discrimination do not belong in a free<br />
and democratic society. We need nothing more than critical knowledge of the violence and injustice<br />
caused <strong>by</strong> the past century’s <strong>totalitarian</strong> <strong>regimes</strong> in Europe to understand the present and hope the 20 th<br />
century will never happen again. History needs to be seen as it really is and not to be diminished. This is<br />
the only way for us to learn that violence, be it based on race, skin colour, religion, political conviction<br />
or nationality, cannot lead to the mutual respect and harmony that enable people to live side <strong>by</strong> side in<br />
peace.<br />
* Prof Dr Lovro Šturm, Slovenian Minister of Justice.<br />
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