Lustration in Central and Eastern Europe

Albania

In Albania, after the abolition in 1991 of the 1976 Constitution was adopted transitional "Constitutional Law of the Republic of Albania on the basic constitutional provisions." Lustration law was a series of laws, among which include the amendments to the Labour Code. It included two articles that provide "competent authority" the right to transfer to another job or to dismiss any public officer in the interest of reform. Tens of thousands of people lost their jobs. Legislation does not specify the conditions under which the employee was subject to dismissal, so the decisions are somewhat arbitrary. The judges, the decision does not suit the government shifted from their positions, the same fate befell the first Attorney General, whose resignation was a gross violation of the Constitutional Law of the transition. Lustration used by leaders of the ruling party to gain control of the political process. In 1993 and 1994. organized by the trials of former members of the Albanian Politburo, widow of dictator Enver Hoxha and the head of the Socialist Party F. Nano. In January 1993, a trial was held over K. Budzheli that ensures Communist leaders and their families, special products, and H. Hodge, widow of the former Communist leader E. Hodge. She was accused of embezzling public funds, abuse of state power. Hodge and Budzheli were found guilty of corruption, although some of the charges had to be removed due to lack of evidence. Hodge was sentenced to nine years in prison, Budzheli - to four years in prison. Both were ordered to compensate the state for the cost of their illegal gains. N. Hodge actually ruled the country in the last 10 years her husband's life - the years of cultural cleansing, arbitrary arrests and executions of those who tried to flee the country. Much of the time trial went to investigate reports of extravagant spending defendant. Society has found the verdict fair, but the very atmosphere of the process - comical. The Court of Appeal increased the sentence for Hodge to 11 years and reduced to Budzheli to 3 years. As the 72-year-old Hodge partially amnesty is granted in connection with the 50th anniversary of the liberation of the country, and on the basis of certain provisions of the new Criminal Code, she spent in prison a few years.

The first trial of the former members of the Politburo at the end of 1993 did not cause any interest either in the country or abroad. All ten of the defendants were found guilty of illegal use of public funds in the amount of from one to two million dollars for personal gain and sentenced to prison terms ranging from 5 to 8 years and restitution of illegally used public funds. The process of prominent communist regime R. Alia, M. Mufti, four former members of the Politburo began in April 1994. Prosecutors tried to indict not only the illegal use of public funds, but also in the aftermath of the explosion at the Soviet embassy in Tirana in 1951 that resulted in the collective punishment, bans on religious activity, beginning in 1967, as well as murder in the Albanian border. All ten of the defendants were found guilty of violating the basic human rights and sentenced to long prison terms. The Court of Appeal reduced the number of prison sentences for several inmates (Aliya - up to 5 years). Five people were obliged to compensate the state for different amounts. The process does not look convincing and legally was poorly prepared. We had to solve complex problems, firstly, with the responsibility for acts committed in pursuance of the orders, and second, retroactive criminal law.

Many European organizations have expressed concern about revealing state trial in 1994 against Fatos Nano, Chairman of the Socialist Party, who held in 1991 as prime minister, sentenced to 12 years in prison, convicted of embezzlement of public property and forgery of official documents. European Parliament called on the Albanian government authorities to show restraint in the matter. The appellate court upheld the verdict, several reducing the amount of damage to be recovered. 14-15 May 1994 opposition held its sixth national conference. The conference declared that no person who was related to the former communist party (and even those who only applied for an admission to the party), can not run for parliament.

The Law on verification moral character officials and other persons associated with the defense of the democratic state, on November 30, 1995 and the law on genocide and crimes against humanity committed in Albania during the communist regime for political, ideological or religious grounds ", dated 22 September 1995 found that running for public office can be subject to passing a special administrative procedure determines which posts previously held by the candidate and whether he "accomplice" of the secret police (accomplices were considered those involved in genocide or other crimes against the Albanian people.) Moral appearance of candidates assessed special state commission that reviewed the appeal within 15 days from the date of submission. Commission decision could be appealed within 7 days of the Court of Cassation. latter was obliged to consider the complaint within 15 days. Albania Two opposition parties appealed to the Constitutional Court challenging the constitutionality of lustration laws forbidding "unreliable" to work in elected office, hold positions in government and the media until 2002. Constitutional Court ruled on the constitutionality of the norms of the majority of these laws.

Croatia

In Croatia, the public debate was the issue of lustration, raised by the Committee of victims of the Second World War. Chairman of the Committee defended its intention to publish files of some of those previously collaborated with the security organs, and now have become politicians, and provide evidence killing communist authorities who emigrated to the West politicians. He argued that those who collaborated with the security organs under the communist regime, should be barred from political activity under the new government. Chairman of the Committee believed that the killings and murders are always subject to criminal penalties and the participants are required to appear in court. Opponents warned of the nature presented falsified records and claimed that the country should not stir up his heavy past, and should strive for the future. No decision on the matter has been taken, however, the Committee continued to investigate cases of alleged victims of the communist regime.

The Baltic States

Lustration problem in the Baltic states first emerged in 1990 in the treatment of Congress unlawfully repressed Estonia, Latvia and Lithuania to the appropriate of the SC. Congress participants, including representatives of the Union unlawfully repressed "Memento" (Estonia), the Association of Latvian political repression, the Union of Lithuanian exiles, called an act committed by repressive authorities, crimes against humanity, and bodies operating in the Baltic States after 1940 - Criminal organizations. These proposals met with mixed reactions of various social groups and lawyers. Nevertheless, in accordance with the law on extrajudicial mass repressions in Soviet Estonia in 1940-1950-ies. Prosecutor of the Estonian Soviet Socialist Republic was asked to consider whether to institute criminal proceedings and to prosecute those responsible for mass killings and other crimes against humanity. In Latvia, the Law on Elections of October 22, 1992 required all candidates to the Parliament a written statement on the presence or absence of their relations with the Soviets or other secret services. Individual approach to justice those who had collaborated with the secret services can be found in the Law on the Credentials deputies suspected of conscious cooperation with the special services of other states of Lithuania. However, the practical application of this law has found its many imperfections, caused a public outcry.

Under the Act to monitor and investigate the post-election received publicity conscious cooperation Member of Parliament or local councils with the special services (security, intelligence, counter-intelligence) of the USSR and other countries to create a special parliamentary commission relevant Council that, if necessary, attracted public prosecutors, internal Affairs and National Security. Parliamentary commission interviewed the suspect MP, acquainted him with the data indicating the fact of cooperation, to hear the deputy and to assess the evidence before them of innocence, have a look at the final of the committee. If the MP has not made significant objections opinion, the Commission and signed by him, the commission is immediately transferred to the appropriate conclusion, the Council or the deputy. In cases in which a suspect in cooperation with the special services of other countries did not recognize the face of the charges against him, parliamentary commission to go to court on the legal evaluation of the collected evidence and other evidence, that the facts of the individual co-operation with the special services, that is, relative to support or refute these facts. Parliamentary commission on receipt of a court decision confirming the fact of cooperation, immediately send it to the appropriate Board.

The Supreme Council of Latvia adopted in March 1993, the ruling; political repression in it constitute a crime against humanity. Entered into force on conventional rules on crimes that are subject to limitation. Parliament instructed to set up a special commission to review the cases. In early March 1993 Parliament approved the first reading of an amendment to the election of 22 October 1992. In accordance with the amendment to persons ever been employees of foreign intelligence services (counterintelligence), forbidden to stand for parliamentary elections. All candidates for parliament were obliged to provide a written statement on the presence or absence of their relations with the Soviets or other secret services. However, the law did not forbid to declare the existence of such relations person to stand for election to parliament. Leader of the Democratic Labour Party and a member of the current parliament Yuri Boyars, previously publicly announced its collaboration with the KGB, said the amendment is against him and against the Latvian Constitution and international law. He offered kontrpopravku, under which the Central Election Commission granted the right to check the identity of candidates to the secret service in the KGB archives. During the discussion, there were attempts to bring charges against the speaker of parliament, Anatoly Gorbunov, a former member of the Communist Party, on the basis of the parliamentary resolution in 1991, where the Communist Party has been accused of pursuing a policy of genocide against the Latvian people. But prosecutors refused to open an investigation, arguing that the charges not covered by existing legislation.

Russia

In Russia, attempts to justify the need to bring the organizers and conductors policy totalitarianism. There were both moderate and radical proposals, their essence was to limit the participation of these persons in public life, or "fix" them from the public and commercial sectors, providing them power over society at every level. Law on the Rehabilitation of Victims of Political Repression, adopted October 18, 1991, contained a legal provision under which employees of the Cheka, GPU, OGPU, UNKKVD-NKVD, MGB, prosecutors, members of the commission, "special meeting", "twos", " triples ", employees of other bodies exercising judicial functions, the judges who participated in the investigation and adjudication of cases of political repression carried criminal liability under applicable law. Information on persons convicted of fraud cases, the use of illegal methods of investigation, crimes against justice, periodically published by the media.

However, the practical implementation of these provisions of the Act on the ground was not carried out: there are only a few cases of the question of prosecuting these individuals. For example, January 18, 1992 at the 1st report-election conference of Tomsk "Memorial" was supported by the decision of the Commission on Human Rights of the Tomsk City Council to bring to justice for abuses chief psychiatrist of the Tomsk region MI Petrov. "Memorial" is also considered unacceptable that justice authority headed by AN Vaivode, mired in political participation in the judicial processes of the 80s. "Americans should know their torturers and informers" - Claimed alone. "There is no witch hunt!" - Said the other.

Vladimir Bukovsky, a prominent human rights activist, a former dissident who opposed the disclosure of the names of informants KGB in order to prevent social tension and social reconciliation. December 17, 1992 Deputy G. Starovoitova as a representative of "Democratic Russia" made to the Supreme Soviet of the Russian Federation a draft law "On the prohibition on trade policy for the conductors of a totalitarian regime." The explanatory note stated: "Our society, calling the faithful intelligent Leninists and Stalinists dissidents, as if more concerned about their comfort than spiritual and material situation of the victims of Leninism and Stalinism - all this despite the broadcast declaration of a return to human values."

In the absence of the country's political safeguards against a return to totalitarianism "Democratic Russia" has indicated that the following picture of the contents lustration process. Certain professional constraints on the transition period (for 5-10 years), in accordance with the proposed law shall be as follows:

all liberated secretaries of party production and territorial organizations of the CPSU

first, second and third secretaries of district, city, provincial and territorial committees of the CPSU

workers (including the Secretary of the Central Committee, but with the exception of technical staff) and national central committees of the Communist parties of the Union in force until November 6, 1991 (listed categories of persons exposed to occupational restrictions, if the general experience of their work location for this position for a total of 10 years or more, if at August 21, 1991 they held one of these positions)

existing staff and gave sign a co-operation with the NKVD-MGB-KGB-MSB-ICBM or serving on these bodies for the last ten years (including the reserve).

Under the restriction (ban) on the profession for such persons understood the temporary ban for them (for 5 or 10 years) and appointed as a result of indirect elections responsible positions territorial executive from the heads of administrations, regions, cities, regions, and up to the Ministerial republics in the Russian Federation as a whole, including the prime minister. For up to 10 years for the same person to be prohibited activities related to teaching in secondary and higher education institutions. Other professional activities, including private business or work in the public sector, including those in management positions are not forbidden. Restrictions on trade policy for active conductors of the totalitarian regime did not apply to persons who have received positions in the system of representative and executive power in free elections as a form of expression of the will of the people.

The basis of the bill, in fact, was the recognition of the principle of collective guilt. The concept of "active wires policies of the totalitarian regime," "free elections" can not withstand legal review.

None of the post-communist governments in Eastern Europe and the Soviet Union have not found a simple way of lustration, although purification of the public service of the former agents are supported by all parties and the public at large Eastern European countries. "Cleaning" can be considered a moral and ethical, political, pragmatic and legally. Appropriate "angle" determines the different estimates of lustration - from emotional and enthusiastic to cool and critical. Lustration undeniable moral value in the sense that its purpose is a moral catharsis. From a legal point of view holding lustration involves the retroactive implementation of justice, which creates significant legal problems. The adoption of legislation on lustration was intended cleansing of the totalitarian regime by restoring the rule of (management) rights. On the other hand, the practice of lustration in Eastern Europe is controversial because of imperfections in the legislative acts and doubt about the validity of the idea of professional restrictions for persons who made up the support of power, breach of fundamental human rights. A major shortcoming of lustration was the fact that it has stimulated new forms of abuse. "Cleaning" has encouraged the emergence of malicious informers, has created a new injustice. It was necessary to distinguish morally reprehensible behavior from simple collaboration. In all countries, prosecutors met with difficulties of collection and presentation of evidence. Dominated processes in cases of financial abuse and corruption, and not about the atrocities of the totalitarian system. In the process of lustration elite interests usually dominate the motives of justice and revenge.

Now possible to speak of "phasing out" decommunization in many post-socialist countries (although, for example, in Poland, the idea still has many supporters among politicians).

Some see in oblivion of the past unfortunate withdrawal of moral responsibility, the other - a victory of common sense. The population did not show much interest in the proceedings and did not receive the results of their satisfaction.

In Poland, Hungary, Russia, Lithuania, the former communists won the election and took leadership positions. Lustration in Albania limited number of show trials. In Poland, ended in failure attempts to accuse L. Walesa ties to the secret police. In Bulgaria and Romania the process of lustration failed to develop. Exception was the former East Germany, where teachers and lawyers were dismissed.

Even in Czechoslovakia lustration affected only a few hundred people.

The reasons for the extinction of the anti-communist impulse is seen in post-socialist countries in need of social reconciliation, the reluctance to use the files of the communist secret police to blame the Communists, in the sense of involvement of the population in the crimes of the old regime, the complexity of the current economic and social problems in the understanding of society the fact that the lustration a struggle for power, in need of state structures in the knowledge of the old elite.

Recognition of these facts does not constitute a waiver of the restoration of historical justice and punish those responsible for the atrocities and abuses. Recently, some political forces again raise the issue of lustration, which should be an act of retribution.

However, no doubt that the legal regulation of lustration procedures should be as correct and eliminate human rights violations, incompatible with the rule of law.

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