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thesis to CEU eTD Collection 5. EstoniaRegimes: Under Oppressive An Overview 4. Estonia and Transitional Justice 3. Dealing withthe Past 2. OnMemory Introduction1. Table of Contents Acknowledgements Abstract E STONIAN STONIAN 5.4. The Occupation of Soviet Estonia: From 1944 5.3. The of Estonia German Occupation 5.2. The Occupation of Soviet Estonia: 1940 5.1. T Institutes4.2. Estonian Memory of 4.1. Mechanisms of Transitional Justice Applied 3.3. andApproaches Mechanisms 3.2. Constraintsand Considerations 3.1. Transitional the Goals Justice: Union 2.3. Memoryand theSoviet 2.2. Collective Memory 2.1. History and Memory 3.3.4. Lustrati3.3.4. 3.3.3. Compensatory Justice 3.3.2. Truth Revelation 3.3.1. Criminal and ProsecutionJustice he YearsIndependence of
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CEU eTD Collection Bibliography Conclusion 7. InstituteThe Estonian ofHistorical Memory Crimes Against Humanity 6. The Estonian InternationalThe for Estonian theInvestigation Commission of 7.2. Institute Analysis ofthe Estonian ofHistorical Memory Goals,7.1. Establishment, and 6.3. Analysis of and theCommission‟s Evaluation Report 6.2 Presentation ofthe Commission‟s Report Goals,6.1. Establishment, a 5.5. The Transition 6.3.5. Possibility Denial of 6.3.4. Reparations Injustice6.3.3. Redressing 6.3.2. Granting Vic 6.3.1. Approach 6.2.3. of Estonia: FromThe Occupation 1944 Soviet 6.2.2. The of Estonia: 1941 German Occupation 6.2.1. of Estonia: 1940 The Occupation Soviet
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CEU eTD Collection of process the how and remembered is what influence to regime new the for possibility the is there past, the of account decided a on based memory collective of establishment the Through of days and sites, symbolic speeches, public through ways, 8 2006, Lebow,(1950; present the inform to is that past the of representation dominant and overall the on ba notion cohesive a is memory collective because group given the of terms in understood be to is memory individual that argues Halbwachs Maurice Moreover,collectivity. the perspective, they upon, agreed in commonly the are transcend memories individual memory. if collective Durkheim, and Emile individual to between According distinction basic the to adhere will I analysis memory the criminal of past. preserving and creating by truth the preserve to and forgetting prevent to is justice transitional of goal important additional One 10). 2001, al., et Brito (de regime new the of accountability reconciliation, to contribute tragedies, such of reoccurrence the prevent thereby and victims, sufferingof the acknowledge and perpetrators the punish to aims ultimately each yet burdened the with deal to seeking regime new the by implemented often process a is justice transitional context, transitional the In past. the of legacies burdened the acknowledge and redress to need the with hl ter dist theory While authoritarian, an from emerging society A - 9; Assmann and Czaplicka, 1995). Collective memory of the past is built in a manner of of manner a in built is past the of memory Collective 1995). Czaplicka, and 9; Assmann iiul n cet a olcie eoy mns toe ih h shared the with those amongst memory collective a create and dividual past and the crimes committed. There are various approaches to the process, the to approaches various are There committed. crimes the and past inguishes between different types of memory, for the purpose of my my of purpose the for memory, of types different between inguishes Memory, isaffective it as insofar andmagical, only accommodates it” suit those factsthat
1. INTRODUCTION 1. Pierre(1989) Nora 1
oaiain ad rmnl at s confronted is past criminal and totalitarian,
commemoration (Forsberg,67). commemoration 2003,
n establish and sed sed CEU eTD Collection identity and circumstance transitional the reflect to past the of narrative dominant the thus and history, of account an of establishment and production the required desire This 1997). Offe, 39; 2001, al., et Brito de 87; 2003, (Teitel, task important an was predecessor, communist the from democratically and independent new the of identity national a building the on focused discourse, e justice democratic transitional international the to dimension normative a added 1990s post their began Europe Eastern theoretical and be thisthesis will furtherdetailed respective basisfor inits chapter. the as utilized be will justice transitional to application its in memory collective of notion This justice transitional of goals broad the to contribute will it that hopes the in driven politically be may memory collective a Establishing r a mechanisms memory,society. and politics futureand present direct can thejustice,With transitional regardsto collective of locus the structures, and institutions Therefore, 70). 2003, (Forsberg, basis this on t as decisions the process, and important, be to deems regime the a As 1995). goals Czaplicka, normative broader also but particular, by guided be and may memory collective a constructing Assmann 70; 2003, (Forsberg, framework present op directly that narratives and and interactions constructed community through consistently reproduced is past the of understanding shared The 188). 1998, (Ignatieff, a establish to narratives and dominant accounts varying of interpretation and selection the requires memory collective creating process, a 24). As 2001, al., et Brito de 69; 2003, (Forsberg, past the throu unfolds construction memory After the collapse of the Soviet Union and and Union Soviet the of collapse the After
understanding of the past which is the least likely to be challenged in public discourse public in challenged be to likely least the is which past the of understanding egime chooses to employ may serve as a site of collective memory construction. memory collective of site a as serve may employ to chooses egime hs 20, 5 Tie, 03 8) I te post the In 87). 2003, Teitel, 65; (2003, thos - communist transition. Forsberg argues that the transitions of the the of transitions the that argues Forsberg transition. communist htevros prahs n ehnss fdaig with dealing of mechanisms and approaches various the gh -
tblt, conaiiy reconcili accountability,stability, 2
the Eastern Bloc, the states of Central and and Central of states the Bloc, Eastern the o what should be remembered are chosen chosen are remembered be should what o - minded regime, distinct regime, minded to, n democracy. and ation, rt ad elc the reflect and erate - od a context, War Cold
CEU eTD Collection there However, 2003). Forsberg, 2000; Teitel, 1997a,b; Mendez, 2004; Elster, 2014; Wouters, 2001; al., et Brito (de studied well been have outcomes negative and positive their as well as function, justice transitional of mechanisms listed in ways The 37). 2001, al., et Brito (de consequences future important have may remember to chooses society the how and What memory. specific a institutionalizes and Criminal manner. combined a or joint a prosecutions in operate and adopted often are that objective, particular way. transition achieving of process the (StanNedelsky, and utilized were justice in transitional 161). ofThus 2013, mechanisms past, the with terms to come to order in and regimes, Nazi and Soviet occupying the of legacies difficult internationalits becameimportance. dimensions utmost of post the of many order, internationalwhich the join deemed are values upon stability,justice. ethos, and democratic modern agreed the for necessary universally These 1). 1997, (Mendez, individual each for forward as well as victims, backward as such normative internationally are that attributes adopted has justice Transitional jurisdiction. domestic to left longer no is past ra has involvement international rights human of set international post the in established the by posed limits the within also is forward moves and regime new the which in way However,the 88). (Teitel,2003, There are various mechanisms of transitional justice, each with their own specific specific own their with each justice, transitional of mechanisms various are There confrontEstoniawas Union, Sovietthe independencefrom Upon , truth revelation, restitution, and symbolic justice all function in a way that produces produces that waya in function all symbolicjustice and restitution, revelation, truth ,
- World War II context (Mendez, 1997b, 5). The growing idea of and actual actual and of idea growing The 5).World 1997b, (Mendez, War context II - looking demands for the rule of law,of dignity,rule respect equal andthe for worth, demands looking sd h sae o tastoa jsie eas daig ih the with dealing because justice transitional of stakes the ised l utc, h Etna ps hs en eebrd n a in remembered been has past Estonian the justice, al - looking demands of accountability and concern and accountability of demands looking 3
a s fr en ite o o eerh analyzing research no to little been far so has - communist states did, transitional justice and justice transitional did, states communist
establishes a narrative of the past the of narrative a establishes
Evidently, for a state seeking to seeking state a Evidently,for ed with the burden of the ofburden the with ed which the above above the which for CEU eTD Collection narrative,furtherestablishingcollective thatrelates agoals the memory new tothe regime. of transitio of mechanisms memory,as of institutes these degree what to and which, in ways the research will thesis This regimes. occupying criminal, oppressive, the from has past internationally 17 its September independence until recognized 1944 from Union Soviet the and 1944, to 1941 from Germany Nazi occupa of years 50 near the have inmeeting been boththe broader universalgoals specific.are aswell as those that context tra of mechanisms these through produced been has collectivememory Estonian what to asunderstanding an for allow will analyzed. beanalysis This Memory,will Historical of Institute Estonian the and Humanity AgainstCrimes of Investigation Comm International memory,Estonian of the institutes Estonian two so, do to order In justice. transitional of goals normative stated broadly the meeting in success their of terms goals ofobjectivity. counter that probability high a thus is There aims. regime's current the as well as context, social and political present fai that facts historical certain dismiss institutes such that impossible not is It past. that of memory of account certain a promote and information, found the publicize past, difficult formed each have of Latvia process the and of Slovakia, Estonia, past. part the of memory as collective a establish years to seeking justice recent transitional in employed been have which institutes, memory This thesis will show how these two bodies have produced a collective memory regarding memory collective a produced have bodies two these how show will thesis This seeks thesis This This thesis will take an empirically driven approach in order to effectively understand the understand effectively to order in approach driven empirically an take will thesis This
likely become a tool to establish a narrative of the new democratic regime as distinct as regime democratic new the of narrative a establish to tool a become likely
-
narratives exist, and that perhaps these institutes do not meet their stated stated their meet not do institutes these perhaps that and exist, narratives to evaluate institutes of memory as a mechanism of transitional justice intransitionaljustice ofmechanism ofa memory asevaluate toinstitutes memory institutes seeking to objectively and impartially evaluate the evaluate impartially and objectively to seeking institutes memory tion of Estonian territory Estonian of tion th
1991 4 –
as criminal. An understanding of the Estonian the of understanding An criminal. as nsitional justice, and how successful they they successful how and justice, nsitional –
by the Soviet Union from 1940 to 1941, to 1940 from Union Soviet the by nal justice, reflect this this reflect justice, nal l to reflect the the reflect to l ission for the for ission
CEU eTD Collection transitional justice. m establishment, their of details the Memory,providing Historical of Institute Estonian the and Humanity AgainstCrimes of Investigation the for Commission International Estonian the assess each chapters fifth and natureof the and activities, criminal their regimes,past the of application the constrain which of overview descriptive other.a the provides chapteron mechanismsthird context Thejustice transitional of specificities the and hand, one the on normati goals, its between interplay the on focus a with justice transitional of aspects theoretical sources. dr conclusions the because evaluation thorough a for allows approach This Estonia. Tallinn, in 2014 May institute the at interview an in Memory,Historical of Institute Estonian the of directors Maripuu, Meelis be will assessment this literature, secondary relevant fromthe by supported conclusions and findings The Humanity. Against Crimes of Investigation the for Commission International Estonian the by published reports the of reading so, do to order In justice. transitional of goals normative universal the to evaluatedthem byberelating will memoryinstitutes two the of achievements andwork the manipul that sense the in neutral remained and justified been have selectivity historical of process the and memory collective established the whether assess will thesis the memory, of institutes two the bee has memory collective which in ways hpe oe xlrs h cnet f olcie eoy Catr w hglgt the highlights two Chapter memory. collective of concept the explores one Chapter ation of the past has not occurred in meeting the aims of transitional justice. Moreover, justice. transitional of aims the meeting in occurred not has past the of ation
w ae upre ad eie fo a ait o piay n secondary and primary of variety a from derived and supported are awn
andates, and findings in relation to the broad, normative goals of of goals normative broad, the to relation in findings and andates, n established in post in established n 5 as well as statements made by Toomas Hiio and Hiio Toomasby made statements as well as
the transition, respectively.transition, the fourth The - communist Estonia. Focusing on Focusing Estonia. communist
I will undertake a close close a undertake will I ve ve CEU eTD Collection 1 policies, state practices, cultural and narratives, events of variation commemorative a through created be may they of and cultural, collective, individual, are There preserved. givencollectivityLebow, 1950; (Halbwachs, 13). 2006, appropriated, selectively thus b is shaped reinforced, past and remembered, The emphasized. contrast, in or, ignored be will that events of choice the over control the including past, the of interpretation established an providing influe memory dominant A 301). 2012, Rosa, and Luna de Bresco 1393; 1997, Confino, 38; (2001, future the for narratives of construction the between over control and disjuncture a as seen often and r interpretation to subject 12). is 1997b, (Mendez, memory subjugation However, their of ownership gain may victims that reads idea this provide past the of acknowledgement and fact historical over Consensus politics. and society culture, guides largely and future, and present the for meaning provides past the of narrative accepted and dominant mean a establishing and forgetting, remembering,
epresentation of the past and historical fact. De Brito et al., view memory as a strugglepower viewfora memoryal., as etBrito fact.De historical and past the of epresentation French theorist, Pierre Nora's concept of concept Nora's Pierre theorist, French 2001). ser recognition, beyond events historical of There are many forms of memory, and ways through which memory is manifested and manifested is memory which through ways and memory, of forms many are There selective making, history around revolves past the of narrative a Constructing
s individuals with ownership of their history. Applied to transitional justice, transitional to history. Applied their of ownership with individuals s
iu d memoir de lieux 2.1. 2. ON MEMORY2. lieux de memoire, de lieux
H y present considerations, circumstances, and goals of the of goals and circumstances, considerations, present y ISTORY AND ig h pltcl n cultura and political the ving 6
e
ing of the past (de Brito et al., 2001, 24). A 24). 2001, al., et Brito (de past the of ing 1 o . r sites of memory describes the describes memory of sites r M niiul otns n diy practices daily and routines Individual
EMORY iil r ntttoa mmre and memories institutional or ficial
l
a
is f h given the of aims cs h gvn oit by society given the nces
modern appropriation modern society (Nora, (Nora, society
CEU eTD Collection members byway structuring the inwhich th its of actions the delineates and informs that framework a with group given the provides Memory two members. community the among place take that practices and the norms cultural Furthermore, traditions, through understood. reinforced is dominantly and time over been reproduced is has memory collective past the which in way the and past its c often is group community a stance, Takingconstructivist 1950). a by(Halbwachs, members shared is that memory dominant a into transcended have that memories individual circumstantial andcontext islargely and cannotas it history; betaken context, collective inits be relational must studied and 8 2006, (Lebow, and circumstance society's present the to relation in events past of discourse dominant interact, reflecting and communicate the themselves individuals asthe consciousness group of the Lebow,2 (1950; concerns present reflect and society given the of framework the within constructed socially are memories individual Halbwachs, Maurice to according However, 1950). (Halbwachs, event experienced past eventscircumstance. rememberedreflecting are thepresent which in way the is it history,rather factual the of record a never thus is Memory 2001). (Nora, re consistently - ie poes n hc “eoy ae u ad e ae eoy” Tni, 91 97). 1991, (Tonkin, memory,” make we and us makes “memory which in process sided This dependency on context supports the notion that collective memory results from from results memory collective that notion the supports context on dependency This pers a ultimately is memory Individual With its selective nature in mind, collective memory may be interpreted and influenced by influencedby and interpreted collectivebe memoryWithmay mind, selectivenaturein its - appropriate historical event historical appropriate - ; smn ad zpik, 95 Cnio 19) Mmr i therefore is Memory 1997). Confino, 1995; Czaplicka, and Assmann 9; 006, 13). Individual memories are thus linked and understood in terms in understood and linked thus are memories Individual 13). 006, - dependent. 2.2.
C OLLECTIVE s transforming their factual basis beyond recognition beyond basis factual their transforming s ey perceive their past and present (Tonkin,ey theirandpresent perceive past 1991,97). 7
onal and autobiographical interpretation of an an of interpretation autobiographical and onal M EMOR Y Collective memory is therefore a a therefore is memory Collective
onstituted by onstituted concerns
CEU eTD Collection various through consciousness national Estonian the dilute to attempted systematically Soviets 426; this Tamm,2008, maintain Kasekamp, to In(Brüggemann and order 653). 2013, they that is provide acriteriafo setof justice transitional of features normative universal on insist I reason One goes‟. „anything that imply not does however, This past. the of memory collective a establishing of counter relevanceof the demonstratesevents, and Brüggemann 28; historical contested other as well 2009, as example, This 164). Morozov,2009, Haukkala, 54; and 2009, Kasekamp, (Fofanova it of part a once collectives various differing to due re contested presently those and been events, historical the in has involved those among perspectives 1944 in Estonia of occupation and into mobilization mem counter the when contentious are past the of goals social col and political present the reflect to failing perhaps circumstance, present Counter past. the of narratives be thepresent important in (Lebow, 2006,13). to deemed is that past the of understanding specific a further to order in elites political by often Institutional level. involve national memories and social broader a on operates that memory “institutional” an lectivity or the (Confino, 1997), dominant politically interests. shaped r (e rt e a. 20, 6. o eape n rlvn t ti poet te Soviet the project, this to relevant and example For 36). 2001, al., et Brito (de ory ne Sve rl, h party the rule, Soviet Under the of interpretations historical many why on light sheds memory of nature political The memor collective Therefore,
the construction of the collective memory, its dissemination, and imposition, imposition, and dissemination, its memory, collective the of construction the r judging thewrong therightcollective memory. from useof 2.3. -
narratives are not dominant because of the way they reflect the reflect they way the of because dominant not are narratives M EMORY AND THE y must also be understood in terms of its relation to counter to relation its of terms in understood be also must y - state monopolized the politics of memory in Estonia Estonia in memory of politics the monopolized state - eoy tns n otat o h dmnn collective dominant the to contrast in stands memory - narratives and narratives
8
S OVIET
the dismissal involved in the processthe involvedin dismissal the U NION
presenting the presenting
control, the control,
- CEU eTD Collection rm h peiu ciia rgm (oaoa n Mrzv 20, 7 Okn 20, 44; 2009, Onken, 27; 2009, Morozov, and (Fofanova regime criminal previous the from worth moral equal and law of rule the on based one as regime new the distinguish further to was cl a by backed and Estonia, communist re thus were past pre of memories and sentiments o reflection critical avoiding traditions, of continuity the to resort people change, dramatic of periods such in that asserts Pettai Vello occupations. the of those as well as traditions, national of and occupations the to prior times the of memories t revive to population Estonian the encouraged elites Estonian new The Estonia. independent committed crimes the and regimes, counter The (Coser, 1992). events historical same the regarding memory collective new a of construction the to led which 428) 2008, Kasekamp, and (Brüggemann goals future the as well as transitional establis an of construction the and past, the of acknowledgement required obligation This past. country's the of legacies burdened the with deal were suppressed. counter such of expressions and memories individual many and ignored were event historical given the of perspectives Conflicting 28). 2009, Morozov, and (Fofanova another,” liberati a as 1944 of November to February Estonia to entry their perceived Soviets the example, For framework. Soviet the within fit to record historical official the as established were past the of narratives o and archives to access denying and „truth‟, the re the deportations, including means, Upon transition, the newly independent Estonian elites were confronted with the need to to need the with confronted were elites Estonian independent newly the transition, Upon - narratives narratives
n hl n h soin counter Estonian the in while on, - f h past the of wknd isiuinlzd s h dmnn cletv mmr i post in memory collective dominant the as institutionalized awakened, – -
occupied Estonia were officially propagated. Memories of the of Memories propagated. officially were Estonia occupied h inter the – -
writing of textbooks, imposition of the official version of version official the of imposition textbooks, of writing resurfaced and largely became the collective memories of memories collective the became largely and resurfaced i o mrl nert Kna,19,8) hs effort This 84). 1991, (Konrad, integrity moral for aim - war period of independence, the three occupying occupying three the independence, of period war 9
hed account of history that would satisfy the the satisfy would that history of account hed hr ore o hsoia kolde Certain knowledge. historical of sources ther - narrative, “one occupation simply replaced replaced simply occupation “one narrative, ter at 19, 117 (1993, past their f - 125). In turn, turn, In 125). - narrat ives ives heir - CEU eTD Collection by ofand twomemory application the theorycase its Estonia tothe of institutes. followed provided, be will constraints and mechanisms, aims, its justice, transitional of overview especia an played have thesis this in post the in reconstructed Brüggemann and Kasek Therefore, a specific memory of the oppressive Estonian past has been constructed and and constructed been has past Estonian oppressive the of memory specific a Therefore, amp, 2009, 61; 2009,61; amp, Astrov, 2009,86). - transition years. In this process the two institutes of memory examined memory of institutes two the process this In years. transition lly important role. However, first, a general theoretical theoretical general a first, However, role. important lly 10
CEU eTD Collection Europe South of transitions democratic 2 th international as well as law, the rights human international adopting in rooted ethos thereby democratic and morality, of order established an accepting of formed, element international the emphasizing thus transitio 65), 2003, (Forsberg, scale international an on democracy of values with concerned is that dimension normative a adding by discourse from predecessor. its distinct thus legitimate, and accountable, stable, as itself establish to attempting regime new the per human each post and transition of of period the during worth both justice pursuing and Therefore, dignity the for respect on and law of rule the on based order an established, be to order new the of character fundamental the highlights E. establish to Juan Moreover, past” 10). 2014, Wouters,2009; the (Bell, regime new with the for stability “dealing and reconciliation in help to mechanism a find consensually to is justice move to r In 65). (Forsberg, forward 2003, how with atrocities past the with deal to how to of questions combining challenges
The third wave of democratization refers to the surge of democracy that began in the 1970's and includes the the includes and 1970's in the began surgethat thedemocracy to refers of wavedemocratization third of The Mendez argues that redressing the wrongs is “an urgent task of democratization, because it it because democratization, of task urgent “an is wrongs the redressing that argues Mendez an countries after the collapse of the Soviet Union (Huntington, 1993). (Huntington, Union ofthe Soviet collapse afterthe ancountries nw oiia rgm eegn fo a rmnl at s ofotd ih sre of series a with confronted is past criminal a from emerging regime political new A oee, h t the However, nal justice (Teitel,justice nal 70 2003,
id ae f democratization of wave hird 3. DEALING 3. WITH
3.1. - West South and Central Pacific Europe, of countries America, Eastern the and Asia,
T RANSITIONAL eference to Christine Bell, the “common project” of transitional transitional project”of “common the Bell, Christine to eference - 71). was bylawinternationalabide states that expectation An 11 J
USTICE
2 THE PASTTHE
: a deee te rniinl justice transitional the deepened has
THE THE G
OALS
- e need for stability and stability for need e transition is critical for critical is transition son,” (1997b, 1). 1). (1997b, son,” CEU eTD Collection of typical transitional justice thatdefine balance. and this shape considerations and constraints the discuss will section following The framework. context is past the with deal to approach appropriate most The 29). 2001, Mendez, 76; 2003, (Teitel, n universally the promoting between balance a therefore constraints, and conditions local respect to seeks also but norms, international undermine cannot regime new The 1995). Zalaquett, 2007; Orentlicher, constraint a present simultaneously nation to tied closely justice transitional burdenedpast. legacies of the of law,rule legitimized through the copin appropriately a of justice,means as trials,and 27 2010, Mark, 76; 2003, (Teitel, post the of t seekingto states communist many by desired was order democratic international the with associated values 1995). Zalaquett, (Forsberg,1997a,b; ethosMendez, democraticinternational2003; Adherenceto moral the ofreestablishment the representsand condition transition forwave third regimesdemocratization. inthe of dealing result, a As law. international non violated have that crimes punish and investigate to states of obligation affirmative an thus is There 5). 1997b, Mendez, 34; 2000, (Teitel, accountability - oevr te post the Moreover, human the for respect a signifies abuses rights human and atrocities past with Dealing eedn, n yt ut iutnosy prt wti te universal, the within operate simultaneously must yet and dependent, ormative standards of the rule of law and the transitional political context is needed is context political transitional the and law of rule the of standards ormative - Cold War wave of democratic transitions introduced a form of of form a introduced transitions democratic of wave War Cold ransition and consolidate themselves as distinct from its predecessor its from distinct consolidateasand themselves ransition
- 28). In a sense the new regime could then be internationally be then could regime new the sense a In 28). o te e dmcay Mne 19b Mne, 2001; Mendez, 1997b; (Mendez democracy new the for ih h ps bcm a eesr cmoet f the of component necessary a became past the with - ulig Tie, 03 7) Yt itrainl norms international Yet, 71). 2003, (Teitel, building 12
order as defined by the widely accepted widely bythe defined as order
- eoal rights, derogable u cogens jus
normative gwith the of of - CEU eTD Collection 2001, 35). al., et Brito (de past the of narrative particular a of dissemination the and construction memory of dynamics the influences thereby and remembered, and with dealt be to is past the which in way the defining process the to related beliefs and attitudes the to contributes also transition of mode measur various the frame and shape certainly strategies and strength their actors, transitional the 12). by 2001, defined al., constraints et Structural Brito (de elites former the of punishment public less a for opt may regime ne or pact a through power of degree some retained had elites old the if hand, other the likely.On more much is elites old the of punishment and prosecution thus and op the affectedby and initiated change regime a example, For 13). (2001, others than rather adopted are strategies and strength their groups, the between id al. et Brito de context transitional the In the be it whether transition, adopted. strategies the and the confrontation of levelsociety, the civil or opposition, the incumbents, piloted and initiated who on depending varies transition crimes committed. the and regime predecessor's the of nature the and elites, and society transitional the of attitudes transition to regime'sapproach given a structure and limit that factors predominant three are There context. local the respecting while goals normative accepted universally the between balance preserve and establish to imperative position through a revolution typically removes all the power of the previous government, government, previous the of power the all removes typically revolution a through position The process of dealing with the past is linked with the type of transi of type the with linked is past the with dealing of process The adopted be to narratives and mechanisms of selection The
3.2.
C ONSTRAINTS AND al justice: the type of the transition, the dominant beliefs andbeliefs dominant the transition, the typeof the justice: al s n apoce t tastoa jsie diinly the Additionally, justice. transitional to approaches and es entify certain intervening variables intervening certain entify 13 –
that condition how and why certain measures certain why and how condition that C ONSIDERATIONS gotiated transition, the new new the transition, gotiated
is often dictated by the the by dictated often is
tion. The mode of mode The tion. -
the negotiations the CEU eTD Collection past i mechanisms their of ownership reclaim and crimes subjugation(Tamm, Laar,654; 226 2013, 2004, these uncover to sought actively Estonians with population Estonian the arrestsleft arbitrary and activities, police secret repression, clandestine, often were Union Soviet the under crimes the Estonia, in example, For process. transitional the of part as with dealt be should they respon are they way the influences committed were they which in way the and themselves crimes The 19). 2001, al., et Brito (de regime that under committed crimes the and the selected theprocess sortofdilemmaisimportant to this approach, justice. oftransitional of Regardless respect. and equality on based society a of realization the to consequences reintegration at efforts and apologies public of instead justice criminal on centered mechanisms in result may individuals all for dignity and respect, worth, equal on based society a achieving of instead regimepredecessor's locally and normative the achieve to order in made be to compromises necessary the and mechanisms, available the for implications important has prioritized is What others. of cost the at come values trade justice, transitional of process the In 298). (2006, local and goals,universal desired the for,all strived meetargue to impossibilityal. near et the Kaminski for the and democracy that assumption (Elster, regime 217). previous Taking213, the 2004, towards perceptionoverall the normative the and looking, backward be to reluctance the development, economic prioritize to need perceived trade where 216) (2004, attitudes - oevr Jn ltr pcfcly dniis osrit ta rsl fo bles and beliefs from result that constraints identifies specifically Elster Jon Moreover, The th The pcfc ol o tastoa jsie Fr example For justice. transitional of goals specific nvolving investigation and revelation would be more effective than criminal trials criminal than effective more be would revelation and investigation nvolving ird identified constraint to transitional justice is the nature of the criminal regime criminal the of nature the is justice transitional to constraint identified ird n rprto. hs rmnl utc bsd prah a have may approach based justice criminal This reparation. and - fs r md oe more over made are offs associated values of accountability and stability are what is what are stability and accountability of values associated a blacka 14 - - hole of knowledge. of With hole transition, theofadvent 227). If a goal is to establish a record of the past, the of record a establish to is goal aIf 227).
, the need to criminalize the the criminalize to need the ,
agbe ocrs uh s the as such concerns tangible - fs r tu te nor the thus are offs ded to, and how how and to, ded
and m CEU eTD Collection of each fulfill to 12). (1997, officeA positions public from removed be commitment should crimes the committed who those (4) and done, harms the for reparation of form some granted be also should victims inves to state the allows which truth the know to right a have victims the (2) punished, to need past the in committed crimes and abuses that in process, regards of specifically with m tothetwoinstitutes justice transitional Estonia's of evaluation the in applied directly be will proposals four these and justice transitional of goals normative legitimate and accepted, universally stated, broadly success atheoreticalproposals bemeetingas evaluationEstonia's in takenbasisforthe will the of Mendez' goals. normative the meeting of hope the in justice transitional of mechanism selected o and in goals not are obligations these of Each 12). (1997b, specifics context the considering while justice transitional of goals universal normative the achieve and future adversarial less a to forward move them help to state fo proposed has Mendez Juan Mendez. Juan of approach the follow will legally I thesis this and In norm. the past becoming is regime the predecessor's the of of wrongdoings the addressing legacies burdened the acknowledging Increasingly, types‟. „ideal these between variations the all with forgiving, or forgetting between choice a as understood s following discuss the various approaches. The adopted. be to justice transitional of mechanisms the committed influences crimes the and regime previous the of nature the Evidently, efforts. reparatory or There are two dominant approaches to dealing with a burdened past. They can be simply simply be can They past. burdened a with dealing to approaches dominant two are There The obligations proposed by Mendez are as follows, (1) there is an obligation for justice, for obligation an is there (1) follows, as are Mendez by proposed obligations The
hs olgtos il ae h efc o etbihn acutblt and accountability establishing of effect the have will obligations these 3.3.
A PPROACHES AND tesle, hy r poess o e noprtd n the in incorporated be to processes are they themselves, f
15 tigate and establish a record of the past, (3) the (3) past, the of record a establish and tigate
M ECHANISMS emory under study.
ur responsibilities for the the for responsibilities ur
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two CEU eTD Collection the making 28) previously ofneeding t mentioneddilemma 2000, tobalance (Teitel, considerations local of importance the emphasizing victims, of dignity the restore and democracy new the legitimize to law of rule the establish and enhance However,salient. and prominentproce thus the is justice criminal ofelement legal international The norms. legal international on based often is process the and Orentlicher,2007), the from demand communi a international arguably is There internationally. recognized been have that crimes for wrongdoers of exposure and identification the on focused is justice criminal justice, transitional th delegitimizing by order re moral criminal the also establishes it justice, and responsibility, transitional personal accountability, of of line direct mechanism a for a allow prosecutions As 28). 2000, (Teitel, justice transitional traditio the dominates punishment of idea The accountable. responsible 3.3.1. drawbackst an in attempt and benefits their on emphasis an with described briefly and listed be will justice transitional of mechanisms four sense, broadest their In others. with conjunction in operate often and adopted, va the however, regime, new the by utilized be may that past the with deal to mechanisms of multitude a are There particular. in institutes memory Estonian meetgoals theoftransitional normative focusing justice while particular c ontheir to attempt regimes the to contributing externally, and internally regime new the for legitimacy
C h nw eie a ot o ciia jsie o uih poeue ad od those hold and prosecute, punish, to justice criminal for opt may regime new The justice transitional of mechanisms explore to intend I approach Mendez‟ of light In oal, rmnl utc i otn ae o te ainl o dsr. oee, certain However, desert. of rationale the on based often is justice criminal Morally, RIMINAL J USTICE AND ty for states to implement measures of criminal justice (Zalaquett, 1995; (Zalaquett, justice criminal of measures implement to states for ty o relategoals and constraints themtothe fardiscussed. thus P ROSECUTION 16
peiu rgm. pcfc o h cnet of context the to Specific regime. previous e he universal and local context evident.he context andlocal universal rious mechanisms are rarely singly singly rarely are mechanisms rious a udrtnig of understandings nal ircumstance. ss also seeks to seeks also ss
– -
CEU eTD Collection f the allow instead but conditions, present the suit to history of any aspects prioritize not do past the of record a establish to seeking efforts that ensure to important awarenes “social provide and reintegratevictims, to committed, crimes the of acknowledgment represent to post in justice transitional pur identify al. et Brito De happened.” “what really establish and past the investigate to created are mechanisms special where revelation, 3.3.2. 2000, 28). (Teitel, employed frequently and intuitive most the perhaps is justice transitional of mechanism justice criminal The law. of rule the on based is and past the from break moral a demonstrates the that knowledge explicit the with left are Victims justice. to perpetrators bringing in value normative and moral inherent an is there Regardless, 17). 1997b, (Mendez, arise to likely are thus selectivity of Problems Africa). Latin (some justice criminal against perpetrators the of protection (Argentina‟sin secrecy degree a regimechange involves the natureof sometimes the war‟); „dirty f perpetrators direct distinguish to difficult sometimes is it atrocities, mass with reasons: different for reach, beyond remain sometimes Perpetrators 33). 2000, Teitel, 2007; (Orentlicher, matter and gap, impunity an avoid to how offenders, the punish proportionally to how crimes, individual identify to how to as dilemmas, rom the whole chain of complicity (the Holocaust, My Lai); sometimes crimes were committed were crimes sometimes Lai); My Holocaust, (the complicity of chain whole the rom
T The second identifiable mechanism tied to Mendez‟ obligation for the new regime is truth truth is regime new Mendez‟the to for tied obligationmechanism identifiable second The RUTH RUTH , olcie eoy [n] oiaiy” d Bio t l, 01 2) Hwvr i is it However, 21). 2001, al., et Brito (de solidarity,” [and] memory, collective s,
R EVELATION - communist states (2001, 5). Establishing a record of the past has come has past the of record a Establishing 5). (2001, states communist
wrong o t icroae nentoa lw no lcl context, local a into law international incorporate to how - doers have been punished, the regime as a whole whole a as regime the punished, been have doers suing truth as one of the two dominant policies of policies dominant two the of one as truth suing 17
American countries, South South countries, American cs o pa for speak to acts CEU eTD Collection formalized reportfindings ( of the producea andto aremeant limit temporalahave state,officially bytimeframe,are authorized the specific a in place took that events of series a on focused are witnesses, and victims perpetrators, specific.are context goals its and justice transitional again, once however, drawback a as seen be mayimpunity. This the their for However, prevent acknowledgement suffering. of reconciliation, sense a with to victims the contribute leave to and to crimes, of order reoccurrence in regimes previous of wrongdoings Trut 2006). Nalepa, and Kaminski 2000; Dyzenhaus, 2011; (Hayner, commission truth the is revelation truth of process the with 3.3.2.1. the local conditions. truth goalsThese through revelation. canachieved bodiesof be various accountability, a on specific focus goalswith oftransitional justice thenormative thereby meeting the help to meant is narrative, accepted an establish a to However, record. seeking historical justice transitional of mechanisms of drawback obvious counter certain of dismissal the to and leads likely which process inevitable, nearly are constructed interpretation and selectivity a is history that is difficulty The 14). 1997b, (Mendez, themselves - h ms cmol kon n well and known commonly most The sn Hye' dfnto, rt cmisos iety nae with engage directly commissions truth definition, Hayner's Using T artvs ( narratives RUTH AND R Assmann 1950; Halbwachs,
ECONCILIATION truth commissions do not directly punish perpetrators and may lead to to lead may and perpetrators punish directly not do commissions truth udrtnig f h ps, n tu te oiaty accepted dominantly the thus and past, the of understanding n 2011, 11). h commissions are tasked with uncovering and revealing the the revealing and uncovering with tasked are commissions h rniinl oit ahee eoclain n re and reconciliation achieve society transitional C OMMISSIONS
- tde mcaim f rniinl utc dealing justice transitional of mechanism studied 18 and Czaplicka, 1995). Such challenges are an an are challenges Such 1995). Czaplicka, and
hs ivle, the involved, those - establish
CEU eTD Collection Against HumanityInstitute Estonian ofHistorical and the Memory. Crimes of Investigation the for Commission International Estonian the institutes, memory be areexamined, how, tobe when, outcomeare andof the the final what findings expected tobe. events historical what of terms in restricted less are institutes Memory 3.3.2.1. section in detailed truth referenceto oppositional in understood be will done previous, 27 2010 (Mark, the criminality and oppression from its by defined regime new the distinguishing of effect the has often which constructed collectiv a past the of record established this through Furthermore, research. and investigation of form some through legitimate as perceived and accepted widely be to is narrative est to aim institutes memory past," the "reclaim to order In past. the reclaim to seeking mechanism be a as understood will institutes memory purposes, definitional For sense. any in temporally restricted they t required necessarily not are They events. discrete on narratives victims‟ and perpetrators‟ of juxtaposition direct require not do they particular, In investigated. be to events historical given the in involved those all with collaboration close the (Mark, 2010, 31). Yet, mechanism oftransitional justice islargely this missing from the literature. t to response in Slovakia, post several in established been have institutes 3.3.2.2. Memory institutes are distinct from truth commissions as they do not necessarily as necessarily not do they as commissions truth from distinct are institutes Memory memory past, the of record a establish to need the of terms in commission truth to Similar This definition wi definition This M EMORY I NSTITUTES bih nraie f h gvn itrcl vn o tm pro, hr this where period, time or event historical given the of narrative a ablish ll be utilized for the evaluation of two bodies considered and deemed to deemed and considered bodies two of evaluation the for utilized be ll he nature of the clandestine crimes committed under the Soviet Union Soviet the under committed crimes clandestine the of nature he
- 19 communist
o produce an end result of their works nor are are nor works their of result end an produce o
commissions, using Hayner's definition Hayner's using commissions, - 28). The way in which this process is process this which in way The 28).
states,
including Estonia, Latvia, and Latvia, Estonia, including
mmr is memory e sume
CEU eTD Collection secret of networks extensive notably, (most responsibility criminal beyond going collaboration party the of corruption political and moral widespread the the regime, transitional the of nature fragile the reasons: several the communist post th punishing to means alternative an as serves lustration therefore justice; transitional of process the in to justice criminal constraints legal and practical certain are there mentioned, As service. public of positions 3.3.4. form ofrestitution. some through come or monetary,symbolic, be may reparations example for forms, of multitude (Elster, account into considerations these all take to have justice compensatory of Measures agency. the responsible pinpointing and harm, of identification victims, of identification the regarding dilemmas suffering intangible amd personal, material, among distinguishes Elster Jon kinds. different of be may suffering However, rehabilitation. and reintegration, for support suffering, past for remedy of form some with collectively, and pr to seeks and victims the compensatory on focused is is justice Compensatory described justice. be to mechanism third the done, harms the for reparation of sort 3.3.3. - communist transitional justice transitional communist
L C Related to the third obligation proposed by Mendez, focused on granting the victims some victims grantingthe focusedon obligation by proposedthird the Mendez, to Related ihn t Within Mendez by noted obligation final and fourth The USTRATION OMPENSATORY - era(Williams services,” security et al., 2005,23). e rniinl post transitional he 2004, 167; Teitel, 2000, 146 2000, Teitel, 167; 2004,
e perpetrators. Lustration is typically identified as a mechanism specific to specific mechanism a as identified typically is Lustration perpetrators. e J UST ICE
- - omns sae lsrto ws emd eesr de to due necessary deemed was lustration states communist
it is “the systematic vetting of public officials for links to links for officials public of vetting systematic “the is it
- 4) hs opnaoy utc a cm n a in come may justice compensatory Thus, 147). 20, 6) Ti dsicin mle normative implies distinction This 168). (2004, 20
- state apparatus that apparatus state
s o eoe h prertr from perpetrators the remove to is
long durée long ovide them, individually them, ovide
of the old regimes, old the of involved forms of forms involved CEU eTD Collection 3 there and systems arelaws various oflustration However criteria. of set specified legally a on based disqualification power or position certain a or from individual removal legitimate the as 28). understood 2005, be al., can et (Williams lustration trusted Generally, be to not were they that sense the and record, previous prev the with associated those that sense a was There 28). 2005, al., (Williamset exposure into blackmailed be archives police secret personal holding individuals would nor state, democratic new the permeate form distrustful the that ensuring of means a ultimately was Lustration informers). of thousands of tens included countries some in that police
Prague to Baghdad: Lustration Systems and their Political Effects,”Political 2006. their and Systems Lustration Baghdad: to Prague “From David's Roman see effects different and of lustration, systems, ofthe laws, completeoverview a For os eie edd o e xldd rm eti pbi pstos u t their to due positions public certain from excluded be to needed regime ious
3 r lts n ter noml ewrs ol not would networks informal their and elites er 21
(David, 2006).
f an of CEU eTD Collection transition, andthe goals prioritized asdefinedregime. ofthetransition, by thenew natu the by conditioned were that mechanisms appropriate and available the of reflection direct a is crimes past with cope to chosen has regime new the in which way the Moreover, 14). 2014, Wouters, 10; 2001, al., et Brito de 87; 2003, (Teitel, justice transitio with attempt regime's new the for crucial collective been has regime a previous the of establishing memory context, transitional Estonia's in Therefore, 161). 2013, Nedelsky, ac repressive with dealing thecountry illegal, beencriminal, has periodandthus, the Soviet was been that ontheview based each have they However justice. transitional of mechanisms identifiable six adopted has Estonia occup of periods three its from regime new the distinguishing of effect the had has that memory collective a of construction the upon predicated been largely has justice transitional with experience Estonia's Accordingly, 161). 2013, Nedelsky, and Stan 20 (Laar, steps transitional first the of one arguably was past the of record established an and committed, were that crimes the of understanding an for demand collective a was there transition Due 6). 2009, (Stan, and freedomliberty individual limiting high, was censorship and secrecy, repression, of degree the regime, Soviet the Under adopted. measures the influenced that nature particular a of were Union n eain o post to relation In Estonia's approach to transitional justice is largely predicated on distinguishing t distinguishing on predicated largely is justice transitional to approach Estonia's 4. ESTONIA 4. AND TRANS 4.1.
M ECHANISMS OF ts committed by a foreign power rather than by Estonia itself (Stan and(Stan itself Estonia by than rather power foreign a by committed ts - omns tastoa justi transitional communist
o h hg lvl f erc ad upeso i Etna upon Estonia, in suppression and secrecy of level high the to T RANSITIONAL 22
ITIONALJUSTICE ce, the crimes committed in the Soviet Soviet the in committed crimes the ce, J USTICE ation. Since independence in 1991 1991 in independence Since ation. re of the crimes, the nature of the of nature the crimes, the of re A PPLIED
he new he 04; 04; nal CEU eTD Collection evicting 1991, of 1999,167 tenants, andpossibly (Feldman, many homeless leaving June in ownership reclaim to able legally were o 1940 legal in property The Estonian controversial. been has restitution property with experience Estonia's office inpublic position tovowthatthey a 161; seeking individuals requires conscience 2013, of oath written The Stan,399). 2006, Nalepa, and Kaminski and (Nedelsky conscience of oath written the of solely consisting limited, lustra mechanisms, employed the Considering 2014). (Kaitsepolitsaiemet, Rights Human of Court European the by as well as state, Estonian the by tried been have individuals died already had involved those of many limited; was justice criminal of pursuit the regime, Stalin‟s of end the after years 40 roughly began transition Since 189). 2003, (Raun, 1953 in death his deportation evacuations, forced the and humanity, against crimes 162 prosecuting (2013, justice symbolic agents, security former of names the revealing six Estonia's restitut identify property rehabilitation, Nedelsky victim Nadya as: and mechanisms Stan Lavinia history. recent country's the of producingmemory a measures, at eachaimed byemployingsix pastoppressive its remember and 40; 2009, regime Onken, new The 86). 27; 2009, Astrov,61; 2009, 2009, Kasekamp, and Brüggemann Morozov, and (Fofanova oppressive and immoral, criminal, collectivelyrememberedas occupying previous powers, inversion the to moralregime its through r ee o il o ciia poedns Kieeoisimt 21) Atog, some Although, 2014). (Kaitesepolitsaiemet, proceedings criminal for ill too were or an Taking for Procedure on Oath, 1,1992,1). Article (Act Estonia." of Republic the of services defence con political their for citizens of repression or persecution the in participated not have they that and Estonia occupied have which states of services intelligence counter orintelligence hv not "have en n h srie r n gn o scrt ognztos military organizations, security of agent an or service the in been victions, disloyalty, social class or service in the government or government the in service or class disloyalty,social victions, - 167). However, the majority of the crimes and repression, including repression, and crimes the of majority the However, 167).
s, and murders were committed under Stalin and ceased after after ceased and Stalin under committed were murders and s,
23
o, h witn ah f conscience, of oath written the ion, - 169; Nedelsky and169; Nedelsky Stan, 2013, chose to deal with, deal to chose in a very was tion wners of of wners CEU eTD Collection noti particular a propagated have Memory Historical of Institute Estonian the and 2001, 5;Mark, 2010, 27 hidden the took place activities andthat under crimes of much uncover to attempted have that Estonia, including societies, transitional post amongst salient particularly is dilemma This 72). 2003, Forsberg, 25; 2001, history,between tension the memory,is problem important ( justice and 2007, 110; 2007,321). Kott, Estonian the A convening Crimes of Meri Investigation the Lennart for Commission President International former of culmination the to led context political and environment international the Perhaps 437). 2008, Kasekamp, and (Brüggemann burdened its with deal NATOto and Estonia Union motivated European likely the into membership of Leverage Holocaust. the to reference with particularly activities, criminal to needed EstoniaSpecifically, 321). 2007, Kott, 110; 2007, (Onken, mounting was past criminal the with deal to pressure NATO,the and Union European the with membership seeking and cooperating democraci young the in “endanger actively stability confronting fearingsocial recent would inapolicy thatit of past,” the 117 delayed arguably was past the confronting of process The 163). - 125). Moreover, Eva Onken points to the fact that “many Balts shied away from engaging too engaging from away shied Balts “many that fact the to points Onken Eva Moreover, The Estonian International Commission for the Investigation Crimes ofthe forInternational Commission Estonian HumanityThe Against An justice. transitional of process the to constraints various are there mentioned, As
oe o em wt te osblt o Etna ivleet n claoain with collaboration and involvement Estonian of possibility the with terms to come - 28). 4.2. es,” (Onken, 2007, 110). However, as Estonia was increasingly increasingly was Estonia as However, 110). 2007, (Onken, es,”
E STONIAN the communist regime(Teitel, communist the al.,Brito 81; deet 2003, I NSTITUTES OF 24
M gainst Humanity in 1998 (Onken, (Onken, 1998 in Humanity gainst EMORY
(Onken, 2007, 110; Pettai, 1993, Pettai,110; 2007, (Onken,
Teitel,Brito, de 78; 2003,
historical legacies legacies historical - communist n f the of on CEU eTD Collection beginning history, independence internationallyending its with and acknowledged independencein1991. recent Estonia's of overview historical a from I needdepart to abovedilemmas, the andstated evaluateinstitutes, of their light success in possibility inthe processestablishing anof ofmanipulation understanding of the and objectivity,selectivity, over concerns inevitable are There narrative. historical accepted relating above described dilemmas the question into brings outcome This regime. previous the criminalizing of task the on focused largely are institutes memory objectivity, of claim the despite that show institute of sort this described, been has that when construction memory However,collective of process the justice. and institutes memory transitional of details the with considering success Estonia's of evaluation an collectiv for a important of dissemination and construction thereby the past, to the contributing of understanding an As establish chapters. to proceeding meant in justice transitional assessed of be mechanisms will which findings, their on based past Estonian n re t poel cnetaie h ciia aayi o te w Etna memory Estonian two the of analysis critical the contextualize properly to order In
o rniinl utc mcaim seig o noe te at pouig an producing past, the uncover to seeking mechanisms justice transitional to
needs to be critically analyzed. This analysis will will analysis This analyzed. critically be to needs 25
ih h inter the with mmr, hi wr is work their memory, e
the past. - war years of of years war
CEU eTD Collection Molotov the of protocols” “secret the into signed was Estonia of Republic the culture, economic and social, political, Estonian the of establishment the and independence, amongst idealized (Benni and embraced Estonians was that individualism and cooperation, communalism, 133 cult the the of solidification to further contributed festivals song the including traditions as well as education, and literature, 19 the of awakening national the of, continuation Soviet Federativethe Russian Republic. Socialist 2 February on recognized and gained lost recover to lea Estonia, occupied and territory attempting was Russia Soviet However, Government. Provisional Estonian 317 2007, Björkman, nationalis Estonian suppress to attempts the country's the and occupation of years the werethroughout carried in period this of Memories process. transitional formative been has II, War World and I War World between independence - 3; asn 20) Te inter The 2004). Jansen, 137; i Bennich Li n soi idpnec ad h 12' sgiid a signified 1920's the and independence Estonia In 5. ESTONIA 5. UNDER OPP ch - jrmn rus ht soi' hsoia legacy, historical Estonia's that argues Björkman - jrmn 20, 4) Hwvr floig hs re pro of period brief this following However, 341). 2007, Björkman, - 1) Atr ol Wr , h Gra ocpes add oe t the to power handed occupiers German the I, War World After 319). 5.1. ural autonomy originally sought in the late 1800's (Raun, 2001, 2001, (Raun, 1800's late the in sought originally autonomy ural
T ding to the war for Estonian Independence. Independence was Independence Independence. Estonian for war the to ding HE - a pro cn e hrceie b a oiia clue of culture political a by characterized be can period war nd OVERVIEW Y
1920 with the Tartu Peace Treaty, signed by Estonia and Estonia by Treaty,Tartusigned Peace the with 1920 EARS OF ad independence and t 26
RESSIVE REGIMES: RESSIVE AN
I th NDEPENDENCE
century. The use of the Estonian language, Estonian the of use The century.
eid soitd ih ad a and with, associated period - idd etmns (Bennich sentiments minded
atclry h pro of period the particularly - Ribbentrop Pact and Pact Ribbentrop -
CEU eTD Collection 145 2001, (Raun, people‟” had or withdrawing into frightened and “coerced either were candidates Party. opposition Moreover,Communist Estonian the with People's bloc leftist Workinga League, Estonian the to went votes of 92.8% and place took Elections 145). 2001, gove “people's the as to referred and reorganized was cabinet Estonian The 143). 2001, (Raun, Estonia entered troops Soviet 90,000 days, two next the in and demands Soviet the any avoiding in remained survival confrontat Estonia, for hope of best President “Estonia's the that believed options, Päts, limited Konstantin With 54). 2009, Kasekamp, and Brüggemann ne the despite Soviet the of execution honest warrant to willing and capable be would that Estonia in established be Molotov the of in ambassador Estonian the presented protocols secret the of advantage took Union Soviet the Eastward, move the began and France invaded had Germany Nazi After 143). 2001, (Raun, and more Union Soviet the and Finland Warbetween Winterongoing the Withprotest. not did government Estonian the which pact, assistance mutual powers both of interests the after, targetedtheSoon violated142). Finland mission 2001, Soviet (Raun,aagainst environment balancing by stance neutral a taking region, the officially in interests German of degree a accommodate to attempting while the all Union, gov 139 2001, (Raun, 1939 August late by becamea the “sphere part Soviet ofinfluence”on of August 23 rmn dcdd o ne it ngtain oe a uul sitne at ih h Soviet the with pact assistance mutual a over negotiations into enter to decided ernment - soin uul sitne at” o rtc “h ms iprat etr o Estonia,” of centers important most “the protect to pact,” assistance mutual Estonian The Soviet Union occupied the Baltic state and began to send Soviet forces into Estonia into forces Soviet send to began and state Baltic the occupied Union Soviet The ion with the USSR,” (Raun, 2001, 145). Thus, the Estonian government conceded to conceded government Estonian the Thus, 145). 2001, (Raun, USSR,” the with ion r 000 oit ros led saind n soi (an 20, 144; 2001, (Raun, Estonia in stationed already troops Soviet 30,000 ar - 146). On August 6th, 1940 Estonia was officially annexed into the into annexed officially was Estonia 1940 6th, August On 146). Moscow with an ultimatum demanding that “a government “a that demanding ultimatum an with Moscow - 140). On September 26 September On 140). 27
more Soviet troops were based in Estonia Estonia in based were troops Soviet more en iqaiid s eeis f the of „enemies as disqualified been rd th , 1939. , 1939, members of the Estonian the of members 1939, ,
- ibnrp at and Pact Ribbentrop rnment,” (Raun, (Raun, rnment,”
n hostile a in CEU eTD Collection 102 in large space” 170 cities and floor of“useful 4 ave the confiscated, were rubles 1,000 of equivalent the over of savings dropped, power purchasing declined, living of standard largehouses and banks, largeindustries, 150 2001, (Raun, camps prison to sent or deported, and arrested were officers Estonian many and Russia, Soviet to deported were era independence the from states of heads and ministers including figures, political Estonian Meanwhile, troops. Soviet o number large the by protected were and 150), 2001, (Raun, Republics,” Union “other from communists of up made mostly was that Party Communist Estonian growing the of hands the in of beginning the and ownership, private associations, civil collectivization and nationalization. of end the saw year next 143 2001, (Raun, constitution the and structures of Sovietization the and institutions 25 on August power political concentrated Republic (Raun, 2001,143 143 2001, (Raun, yield to government existing the demanding Estonia occupied and Pact Ribbentrop inter the ending life, Estonian of aspects all in began Sovietization of process the and Union Soviet
A9 at established was space living for standard - - 103). - 4) n o Ags 6 August on and 144) war of period independenc Political tra Political made officially who representatives Soviet instated Moscow Molotov the of clauses secret the of advantage took Union Soviet the mentioned, As
5.2. nsformations modeled after the Soviet Union took place, concentrating power concentrating place, took Union Soviet the after modeled nsformations
T HE
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OVIET
1940 Estonia was “voluntarily” announced as a Soviet Socialist Socialist Soviet a as announced “voluntarily” was Estonia 1940 e.
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meters per capita and any building with more220 withthan any and building capita metersper
1940, marking the end of indep of end the marking 1940, 28
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1940 - p lgsaie oy with body legislative a up - 1941 endent Estonian state Estonian endent
- 146). The 146). 2 meters
f - CEU eTD Collection emn truh h “emnzto o te aily utbe lmns” n forced and elements,” suitable racially the of “Germanization the through German” “truly become could Baltic's the Territories,Eastern that arguedOccupied the for Minister Reich Rosenberg, Alfred countries. European Eastern other in than severe less much be to argued 153 2001, (Raun, activities communist communi Soviet August 28 welcomi of sense general a with advance their in continued forces German the as retreated forces Soviet The liberators. as people 5 July By 1941. of June in Union Na Meanwhile, were 156). clergy 2001, the (Raun, of deported and members prosecuted many and expropriated, was property church abolished, was practice religious Estonia, in goals Soviet of realization the in obstacle major a as perceived was 154 2001, (Raun, Soviet disseminated and and rise promoted actively the was on ideology was theatre and radio, literature, Russian of availability the banned, Cultura 151 2001, (Raun, against discriminated were independence of period the during settled had who farmers and established, were farms state land, arable of holdings individual decreasing oe o wrie cuain n aodd neain” Ru, 01 142; 2001, (Raun, annexation,” avoided and occupation Parming, 1977,47 wartime a to role resistance armed leadership possible better with that implied is it Furthermore, concerns. security Soviet ignoring and suspicions Soviet encouraging stand…thus German Esto neutrality, official despite that and country the of fate the on impact significant a have did leaders Estonia's of actions “The lly, the Estonian language and display of national symbols were discouraged and often and discouraged were symbols national of display and language Estonian the lly, After the Nazi forces had gained full control of Estonia by 21 October ofEstonia full control gained forces had After Nazi the th
of 1941(Brüggemann 2008,427). and Kasekamp, sts had fled, except a few who remained underground conducting anti conducting underground remained who few a except fled, had sts 5.3. - 48, 89).
T HE ng and help from Estonian partisans, and took control of Tallinnof control took and partisans, Estonian from help and ng th G
– , the Nazi's reached Estonia and were greeted by the Estonian the by greeted were and Estonia reached Nazi's the ,
ERMAN Estonia could conceivably have limited limited have conceivably could Estonia - 5) Gnrly te ai cuain f soi was Estonia of occupation Nazi the Generally, 158). O CCUPATION OF 29
i to a ams oety pro overtly almost an took nia
E zi Germany attacked the Soviet Soviet the attacked Germany zi STONIA - 5) Given 156).
–
including the the including st , 1941, most of the ofthe most , 1941, h Soviet the
that religion religion that - Nazi pro Nazi - - 153). 153).
the the - CEU eTD Collection Soviet the 1944, of September In forces. German the joined had who those against pitted been had occupation Soviet the under mobilized been had who Estonians Army, Red advancing the (B War1918,” in Independence of Estonian the of start the at circumstances hopeless seemingly the with parallels “drawing enlist, to Estonians encouraged leadership national The Estonia. throughout cities various conquered retreat to prepare to began forces Nazi the 1944 of by August but slowed temporarily was advance Soviet The 428). 2008, Kasekamp, and Brüggemann 159; 2001, (Raun, forces the Allied to Germany another Nazi of fall the of ofanticipation in also but occupation fear of out Germany Nazi under mobilize to men Estonian 30,000 nearly and Estonians. outright to turned occupiers German con the and mobilization and volunteers many not were there However, 157 2001, (Raun, independence Estonian of ideas for support no had and ideology Nazi Waffen Estonia. Estonian to An return to unable were or war of prisoners as Germany to sent were many newspaper were les also much Estonian The national and religion, occupation. literature, Estonian on restrictions restored; was their system education primary throughout had Soviets the than autonomy and expression allowed regime Nazi The population. Jewish the and communists, regime, Nazi the opposed had that figures political leading were targets Nazi main The 428). 2008, Kasekamp, and (Brüggemann regime Nazi the under severe less was suffering 159 2001, (Raun, displacements - ayEtnas osrpe yteSve e rydsre o h emnsd, yet side, German the to deserted Army Red Soviet the by conscripted Estonians Many n aur o 14, oit ocs eund o h Etna bre, hc encouraged which border, Estonian the to returned forces Soviet 1944, of January In S nt a eetal est eventually was unit SS
tinued to undermine the state structure and inflict suffering upon Estonia upon suffering inflict and structure state the undermine to tinued s hostile and 2001,166 s hostile strict (Raun, - 161). In comparison to the Soviet occupy Soviet the to comparison In 161). rüggemann and Kasekamp, 2008, 427 2008, Kasekamp, and rüggemann ablished on a voluntary basis requiring the full adoption of of adoption full the requiring basis voluntary a on ablished 30
infcnl mr clua ad national and cultural more significantly as the Red Army had successfully successfully had Red Army the as - 168).
- 428). At this point, with point, 428). this At ing regime, Estonian regime, ing
Soviet - 158). CEU eTD Collection d were that soldiers Estonians Many retreat. Nazi Estonian Communist Party was and replacedhardliners nearlyoverhauled withMoscow 171 2001, (Raun, camps labor to sent or deported, fired, demoted, were ideology Soviet promote properly 19 anti for convicted often pro in part high the of Moscow‟s Reflecting 74). 1983, la majority the and 41.5% at was Russian were functionaries Party the of share Estonian the 1952 under Stalin‟s leadership. 1950 to 1944 from place took mostly Sovietization of process The reinstated. were Sovietization and rule Soviet and 1944 of November to February from Estonia of out forces German the drove from 1941. 1940to to Soviets the under placed took that repression and deportations the of fled memories the to due mostly citizens Estonian 100,000 nearly and 1944 in retreated then forces German pre surviving by led “„liber forces 50, individuals of the Party that were perceived .to be “too much of a nationalist,” or failed to failed or nationalist,” a of much “too be .to perceived were that Party the of individuals 50, n h imdae post immediate the In Arm Red Soviet the Germany, Nazi of collapse the and II WarWorld of end the With It is also essential to acknowledge the anti the acknowledge to essential also is It - 172). As a result of these actions known as the purge the as known actions these of result a As 172). - oit n cmuit ciiis Ru, 01 10, omr edr ad lts were elites and leaders former 170), 2001, (Raun, activities communist and Soviet ated‟ Tallinn and crushed an attempt to restore an independent Estonian governmentated‟Estonian independent an restore to Tallinnattempt an crushed and 5.4.
-
war T - HE communist activities and many were sent to labour camps. In March of March In camps. labour to sent were many and activities communist -
era political figures,” (Brüggemann and Kasekamp, 2008, 428). The 428). 2008, Kasekamp, and (Brüggemann figures,” political era - S Estonians and Russians (Raun, 2001, 171; Misiunas and Taagepera,and Misiunas 171; 2001, (Raun, Russians and Estonians OVIET - a yas the years, war ck of trust in Estonians, and the reluctance of Estonians to take take to Estonians reluctanceof the and Estonians, in trust of ck O CCUPATION OF
soin omns Pry rw n ubr. By numbers. in grew Party Communist Estonian 31 -
Soviet guerilla movement that formed with the the with formed that movement guerilla Soviet rafted into the Waffen the into rafted E STONIA : of “bourgeois nationalists,” the the nationalists,” “bourgeois of
F ROM - 1944 S ee tadd and stranded were SS
Western - level level y CEU eTD Collection their(Taagepera,farms liquidate to wanted 381). 1980, the and Soviets 6 152). 2001, (Raun, contributions theirindividual for werewhopaid area surrounding 5 furthering of Estonia. theSovietization and culture, Estonian diluting expressions, nationalist limiting significantly years, Stalinist the Brügge 182; 2001, (Raun, 1940s insharp so the was population the shareof Estonian ethnic the 429).declineof Kasekamp,2008, The of half later the in Estonia to immigrated have to estimated are Union, Soviet the of republics other and Russia from mostly Estonians, were nationalists,” “bourgeois depo the and kulaks, the members, family their brothers,” the Guard, “forest Home the Army, German the of members leadership, Stalin's under years WWII 179; 2001, (Raun, population) rural Estonian the of 12% to (up 1949 March of end the by deported were kulaks 178). 2001, (Raun, implemented was kulaks the and brothers,” “forest kolkhozes joining from banned were individuals 175 2001, (Raun, agriculture of collectivization forced the and economy promised were they 1955 amnesty (Raun, 2001,174). in Then forces. Soviet the by deportations and captures, attacks, strengt the however, 1948; “forest the as anti known The 174). 2001, (Raun, also brothers,” brethren,” “forest the becoming forests, Estonian in refuge took
The “kulaks” were a class of Estonian farmers labeled by the Soviets. the by labeled farmers Estonian of class werea “kulaks” The Kolkhoze td datcly hnig h dmgahc o Etna Mroe, ery 8,0 non 180,000 nearly Moreover, Estonia. of demographics the changing drastically rted, Addition post Estonia In s were collective farms under the Soviet Union that were operated by farmers and labourers in the labourers by and werefarmers operated that Union underthe Soviet farms werecollective s ly cags o h euain ytm ee nttd o i te oit model, Soviet the fit to instated were system education the to changes ally,
Parming and Järvesoo, 1978; Taagepera, 1980, 391). In the immediate post immediate the In 391). 1980, Taagepera, 1978; Järvesoo, and Parming - war reconstruction mostly consisted of the heavy the of consisted mostly reconstruction war
h of the “forest brothers” declined in the 1950‟s following a series of of series a following 1950‟s the in declined brothers” “forest the of h
6
were pro were
- Soviet guerilla movement was at its height from 1946 to 1946 from height its at was movement guerilla Soviet t s siae ta nal 8,0 Etnas considered Estonians 80,000 nearly that estimated is It hibited, and the “liquidation of the kulaks as a class,” a as kulaks the of “liquidation the and hibited, 32 5 , Nazi collaborators, families of members of the of members of families collaborators, Nazi ,
The kulaks were considered to be well be to wereconsidered kulaks The
industrialization of the of industrialization - 178), However, some some However, 178), an and mann - off - - CEU eTD Collection legal and cultural the emphasized they as later decades place took that independence Estonian hist of post the then inter the of consciousness cultural, national and independence, Laar, 2004,226 n crimes, inter the of desire and andculture, identity, language, theEstonian threatto Despite2001, 207).the collective memory a of effect the had which the of share Estonian native the decreasing Estonia, into immigration Russian encouraged Union Soviet The 168). 1995, Ruutsoo, 424; 2004, (Miljan, Sovietized and reorganized pol were formal, and informal social, Estonian entire the Union, Soviet the of policies 212 2001, (Raun, Russia in also were broadcastings television of majority schools, in Russian enforced through use language Estonian diminish to attempts were There with Moscow from demands national desires(Miljan, 2004,294). Estonian the balance to attempted he as people, Estonian the by leader (1978 Soviet Supreme the of Chairman the Käbin, Johannes and autonomy more Party Communist Estonian the gave Khrushchev,decentralization 185 2001, (Raun, moderate more became they significantly,and altered system and Sovie the 1953, in Stalin‟sdeath after However, prevalent. were propaganda Soviet and use language Russian and discouraged, again was religion limited, were publications Estonian ory and memories of the inter the of orymemories and Rein Ruutsoo argues that a collective memory of the pre the of memory collective a that argues Ruutsoo Rein continue projects Stalinist annihilation national and cultural soft the of many However, amely the mass deportations and the assault on culture and history (Raun, 2009, 529, 2009, (Raun, history and culture on assault the and deportations mass the amely - communist transition (1995, 172 (1995, transition communist - 227;
Bennich - war years of independence was able to withstand the occupations and the and occupations the withstand to able was independence of years war - war period that was called upon in the struggle for independence and and independence for struggle the in upon called was that period war - Björkman, 2007 - war period were evidently critical in the process of regaining processof the in critical evidently wereperiod war political, and economic autonomy helped shape a collective a shape helped autonomy economic and political, population by roughly 10% from 1959 to 1979 (Raun, 1979 to 1959 from 10% byroughly population
- ). 173; Bennich173; 33
- 1983), was genwas1983), - Björkman, 2007, 330 2007, Björkman, itical and economic structures, structures, economic and itical - erally regarded as a respectablea as regardederally occupation period of Estonian of period occupation - 218). According to the the 218). to According - 332). - 189). Under 189). t policies t The role role The the d. d. CEU eTD Collection Inthe awakening (Laar,1987 227). national of 2004, of August period new a announcing country cover that factions local establishinggrew, Society Heritage Estonian the and form 226 (2004, movement” liberation the to essential sec of restoration the history,where was battlefield first “the that Laar,claims Mart Estonia, In 1992). Coser, 428; 2008, Kasekamp, and Brüggemann 222; 2001, (Raun, history of version Soviet the challenge Gorbachev‟s of permissiveness perestroika The scale. global a on end an to coming was playedoverview Estonia, an outin dynamics these how understand to order In memory. collective Estonian independent the into incorporated be to were history of aspects which and past its with deal to chose elites and regime import was transition the of character The Nations. United the to membership and independence its of culminated recognition international the and with l980‟s1991 17th, September late the in place take to began transition the Estonia, In 5). 2001, al., non a from shift “the conceptualizedas 2009, 27). 2009 Kasekamp, and (Brüggemann communism anti and occupation Soviet the of illegality the emphasized has that memory collective the of help with itself defined state independent the Estonians, aggrieving committed, been had crimes Ba occupation. of periods the nullified and country the of continuity By the mid the By is discussion, this of purposes the for transition, that initially noted be must It
provided the opportunity the Estonians for provided tions which had been whitened out, mainly regarding the Stalinist crimes,” were crimes,”Stalinist the regardingmainly out, whitened been had which tions - l980‟s it was becoming increasingly clear that the Soviet communist system communist Soviet the that clear increasingly becoming was it l980‟s of the transition is provided. transition is of the 5.5. - democratic regime type to a democratic one,” (de Brito (de one,” democratic a to regimetype democratic
T HE T 34 RANSITION , 61; Astrov, 2009, 86; Fofanova and Morozov, and Fofanova 86; 2009, Astrov,61; ,
- to exploit the changesto exploit theregime butalsoto in 2) Hrtg peevto gop bgn to began groups preservation Heritage 227).
ant in determining how the new new the how determining in ant e ntecness that consensus the on sed lsot and glasnost ed the whole whole the ed
et - CEU eTD Collection of body legislative the 1988 16th November on and Front Popular Estonian the with cooperate to forced was Party Communist Estonian the eventually and strengthen to continued movement Front Popular Estonian the by led state, Estonian the of independence thepastEstonians with andthushistorical continuity (Raun, 2001,224). signifying flag white and black blue, the of reinstatement and Independence, of War the to monuments of restoration the through done was This 233). 2004, (Laar, form,” make to began authorities the demonstrations mass two these Following again. place same the at gathered people 100,000 later, days Thirteen 233). 2004, (Laar, SSR Estonian the of leader the Vaino, the Dubbed years. 40 roughly for bannedbeenhad that songs patriotic nationaltheyflagssang aswhite and black, blue, wavingthe and(Laar, rights 2004,230). independen freedom, their seek actively to population the encouraging by system Soviet the 1 April held assembly an during (Br terror,” of rule Stalin‟s under deportations mass the of victims the commemorating foremost and first history, of spots blank “the in fill to sought actively historians and Journalists 428). 2008, Kasekamp, for calling 2 February Day,Independence Estonian the of independence, Estonian seeking acted (1918 Independence of War and the of remembrance formed groups more and more its for advocate to and Pact the of signing the against Molotov the of Disclosure the for Group Estonian September 11th of 1988, 300,000 people gathered for an appeal for the restoration of the of restoration the for appeal an for gathered people 300,000 1988, of 11th September the TallinnGrounds at Festivalgathered Songindividuals thousand ten 1988, 4th June On
certain concessions, most notably “the restoration of the historical memory in physical physical in memory historical the of restoration “the notably most concessions, certain gean n Kskm, 08 48. h cii i Etna otne and continued Estonia in crisis The 428). 2008, Kasekamp, and üggemann
st
and 2 and
"Singing Revolution," the event led to the removal of Karl of removal the to led event the Revolution," "Singing nd
of 1988, popular and well and popular 1988, of 4 35 th -
1920), the Tartu Peace Treaty, and recognition Treaty,and Peace Tartu the 1920), 1920 (Raun, 2001, 243 2001, (Raun, 1920 - Ribbentrop Pact was formed to demonstrate to formed was Pact Ribbentrop
n ullification. O ullification. - known Estonians criticized Estonians known ver the next few months months few next the ver
(Laar, 2004, 233). The The 233). 2004, (Laar, - 245; Brüggemann and Brüggemann 245;
the reconnection of reconnection the ce, CEU eTD Collection collectivity. Estonian the by supported was and occupiers, Soviet oppressive the to inversion its through regime new the of grounding moral the to contributed independence, Estonian for basis Pettai, 654; 2013, (Tamm, country the in actions political and illegal its and Union Soviet the of illegality the andcontinuity, legal of idea the in based were Estonia independent of ideas and rhetoric the of much 245). result, post a As the in to appealed reconciliat and transitional the be simplified ultimately had this and transition,” could era...[which] of decades interwar two the initial their in of independence memory historical a “retained Estonia that argues Raun U. recognized. 17 September on and independence Soviet Augu In occupation. the before 1940, from state the of continuity the confirmed Council Supreme the and and freedom their for independence Union(Laar, from theSoviet Moscow 235 2004, pressure further to aim the with formed was Chain,” “the Baltic as known Lithuania, and Latvia, Estonia, between chain human kilometer 3600 a 1989, splittin seats the of most won had reformers The 330). (Taagepera,1990, 1940 since time first the for Estonia multi be to were Union Soviet the throughout 16th March on place take to were Republic ofEstonia onlegal based continuityto nullify and Molotov the the restore to goal the with formed then Estonia of Republic the of Citizens the of Committee out sovereign, as itself declared SSR Estonian the However, t However, Estonia of Congress the occupation, of years 50 previous the despite 1990, of March In experimental order froanBased on
g the Estonian Communist Party (Taagepera, 1990, 336 1990, (Taagepera, Party Communist Estonian the g he new regime was confronted with a series of transitional challenges. Toivo challenges. transitional of series a with confronted was regime new he st 1991, the Supreme Council and Congress of Estonia decided on national on decided Estonia of Congress and Council Supreme the 1991, st 07. h Etna cletv mmr poie a sound a provided memory collective Estonian The 2007). th
m Moscow,m Republic that Socialist elections Soviet the 91 Etna idpnec ws internationally was independence Estonian 1991, 36
- 237). raging Moscow (Laar, 2004, 234). The The 234). 2004, (Laar, Moscow raging
- 338). Then on August 23 August on Then 338). - Ribbentrop Pact. ion processes (2001, processes ion - addt in candidate - communist
rd
CEU eTD Collection with afocus onthe collective memoryworks.its thathas disseminated been through Commission the of assessment analytical an by followed be will institute memory the of overview descriptive This findings. its as well Humanity,as Crimes Against of Investigation the for Commission International Estonian an requires Memory, Historical of Institute Estonian understanding ofthe natureofthe regimesand oppressive committed. thecrimes the successor, its and Humanity th for Commission International Estonian the memory, of institutes two the specifically and Estonia, in justice transitional of process the evaluate to order re memory on focused remains and focused Estonia just transitional of process the why understand to helps also It transition. its in regime new guided and transition the justified past the of interpretation particular a how to as understanding future post the of product a was Estonia Applying - oriented goals newlyoriented independent Estonia. ofthe h floig hpe wl iiily eal h establi the detail initially will chapter following The his the of overview This h dsrbd hoy f olcie eoy te rmto o cletv mmr in memory collective of promotion the memory, collective of theory described the in terms of its success in meeting the goals of transitional justice transitional of goals the meeting in success its of terms in torical background and the road to independence allows for an an for allows independence to road the and background torical - communist transitional framework that sought to reflect the the reflect to sought that framework transitional communist 37
- evaluation and construction. Therefore, in Therefore, construction. and evaluation
Ivsiain f rms Against Crimes of Investigation e shment, goals, and mandate of the the of mandate and goals, shment,
ice in ice CEU eTD Collection Nazi and Union Soviet circumsta the attendant “the establish of to as well occupation as Germany,” the during Estonia of Republic the of the territory on or citizens Estonian the against committed humanity against “crimes of investigation Meri‟s Lennart President from announcement convening theCommission. derived Commission, the of mandate and goals the the defines by produced “Introduction” The publishe and Commission 479). (2008, Estonia towards “friendliness” their Weiss Anton to According Commission. Unit the from politicians non seven designations, Presidential Through Introduction). hereafter: Humanity,1; Crimes 2008, Against of Investigation the for Commission Lennart Estonia, of Republic the of President the by 1998 2nd October on decision presidential a by established was Commission) (hereafter: 6. 6. THEESTONIAN INTERNA The Estonian International Commission for the Investigation Crimes ofthe forInternational Commission Estonian HumanityThe Against s ad u i te nrdcin te rnia ga o te Co the of goal principal the Introduction, the in out laid As CRIMES AGAINSTHUMAN 6.1. i 20 sre a te iso saeet f hs oy I formally It body. this of statement mission the as serves 2008 in d
d tts Fnad Dnak Rsi, n Gray omd the formed Germany and Russia, Denmark, Finland, States, ed E STABL THE INVESTIGATIONTHE OF ISHMENT - ed, h mmes ee oiae o te ai of basis the on nominated were members the Wendt,
,
38 G ei Itouto o te soin International Estonian the of (Introduction Meri TIONALCOMMISSION FO
OALS - soin cdmc, oiy nlss and analysts, policy academics, Estonian ,
AND nces of the crimes against humanity, against crimes the of nces M ANDATE ITY
msin a “the was mmission R CEU eTD Collection de Presidential initial the in formulated Introduction formal the includes 2008 in published report final the government, Estonian the to relationship its and goals, of its Commission, the of functioning internal the regarding detail limited the of result a As 2014). Maripuu, and (Hiio bodies state other to relationship its and work its Estonian the by funded being despite Therefore, Commission. this convene to decision the regarding speech Meri‟sLennart President in outlined they were nor Introduction, the in detailed not otherwise are ( archives international and Estonian available Presidential speech(Introduction,2008; A Word of Welcome, 1999). producing though even report, a produce eventually to members Commission‟s international the by discussed and analyzed be to were scholars history Estonian by papers research where consensus of basis the on work to instructed towards and Estonia in committed humanity the against of crimes account an compile to order In action. judicial of sort any launch to not is facts the of record established the and limited, are powersbody, judicial its a thus not is Commission the that emphasiz is it However 1). (2008, eliminated be to are events,” particular of assessment the in standards “double because facts,” the to up facing avoid to or happened what deny to able be will “ compile to and Rome, of Court Criminal International the of Statute the the of 8 Introduction,and 7, 6, Articles the from proceed to to is Commission According 1). (2008, background,” historical relevant the also and n re t prom uh eerh te ie hsoin wr gvn ces o l o the of all to access given were historians hired the research, such perform to order In state, the Commission had a significant degree of freedom in terms of the method of method the of terms in freedom of degreesignificant a had Commission the state, a record sufficiently well sufficientlyrecord a –
cannot be regarded as a direct reflection of the expectations the of reflection direct a as regarded be cannot cision. Furthermore, despite its many similarities, this this similarities, many its despite Furthermore, cision.
a report is not mandated by the Introduction or the the or Introduction the by mandated not is report a Introduction, 2008, 2). The internal working rules rules working internal The 2). 2008, Introduction, 39
- documented and complete that no one no that complete and documented
soin, h Cmiso was Commission the Estonians,
iil adt and mandate ficial –
which ed CEU eTD Collection 7 Int the of Statute the in out laid as Humanity Against Crimes and Aggression, of Genocide, Warof Crimes the byprovided is Crimes past Crimes, the of evaluation its of basis the truth a whereas stated, wouldtemporallycommission and spatially definethehistorical under study. events explicitly not is events historical of set actual the yet independence, Soviet the regarding 1 investigated in be to beginning is occupation what to as limit or events of set defined clearly no is there However, 2). 2008, Humanity, Against Crimes of Investigation the for Commission 1944, in beginning occupation Soviet second the 1940 in forces Soviet by Estonia of occupation the “(1) periods, historical distinct three in Estonia in committed humanity of againstCrimes Humanity, Investigation 2008,1). the for Commission International Estonian the of (Introduction elsewhere,” but nations of community international the into reintegration further its and society our within reconciliation to contribute only not will past the of tragedies the of some on truth of light bright Internationalthe shining that Estonia in hope our Estonian “reflect the justice, institu memory transitional a is Humanity Against of Crimes of Investigation the mechanism for Commission a As outset. the at report period historical the in involved those all from cooperation there was nor witnesses, as victims for call commission truth a as accepted be cannot body
Ain 3. Section detailed is definition Hayner's on based commission truth
under study, and there was not a clearly defined timeframe or requirement to produce a produce to requirement or timeframe defined clearly a not was there and study, under olwn is salsmn, h Cmiso dcdd o netgt te c the investigate to decided Commission the establishment, its Following It must als must It o be noted that although the Commission was established as non as established was Commission the although that noted be o -
1942, (2) the occupation of Estonia by German forces in 1941 in forces German by Estonia of occupation the (2) 1942, 4. t s la ta i ed wt te rcaain f Estonian of proclamation the with ends it that clear is It 944.
also help to prevent the repetition of such tragedies such of repetition the prevent to help also 40 7 . Unlike truth commissions, there was no formal no was there commissions, truth Unlike .
(nrdcin o h Etna International Estonian the to (Introduction ” 3.2 .1.
- ie against rimes judicial body,judicial
te meant to meant te - ernational 1944, (3) (3) 1944, CEU eTD Collection 6) 2004, (Report, arrests these regarding decisions the of many made Counsel Special their or (NKVD) USSR the of AffairsInternal of Commissariat People‟s arr the 5 2004, with (Report, 1918 associated since communists Estonian being of convictions and Union, Soviet the against activity movement, labour the repressing included arrest for reasons 1940. Alleged ofto August June from Estonians Statute,Rome “Crimes Against Humanity,”“War and Crimes,” (Report,1 2004, the of 8 and 7 Articles under fall that events criminal particular six identifying power,” of over the of toge who citizens Estonia of Republic “those to responsibility attributes Commission the Furthermore, illegal. was 1940 in Estonia of annexation the that states 2004) Report, (hereafter: Humanity Crimes Against 6.2.1. specificallygoals aswellnormative stated justice. asgoals theuniversaland oftransitional fi the relating work, Commission‟s the of analysis an by followed be will overview events place thattook the under occupyingregimes. of background historical the detailing occupation, of period per one reports, three published Commission the 2008, to 2001 From regimes. occupying the 1 2008, (Introduction, Rome of Court Criminal
T The At the outset, the Report of the Estonian Interna Estonian the of Report the outset, the At This reports. three these of overview descriptive a provide will section following The HE HE S is cie dniid y h Cmiso ws h ars o a etmtd 0 plus 300 estimated an of arrest the was Commission the by identified crime first OVIET O 6.2 CCUPATION OF
P RESENTATION OF THE ther with the Soviet officials prepared for and carried out the take the out carried and for prepared officials Soviet the with ther E STONIA 41 : -
2; Statement, 1998), implying the criminality of of criminality the implying 1998), Statement, 2; 1940
C
OMMISSION - 1941 tional Commission for Investigation of of Investigation for Commission tional
ah cuain n te criminal the and occupation each . Some individuals were taken to taken were individuals Some . ‟ S - R ) Mltr tiuas f the of tribunals Military 6). EPORT
-
10). ndings to the to ndings
ss and ests
- CEU eTD Collection thesummer theSoviet ofResidents Union in to 1941." Citizens Estonian of German Evacuation looming Forced "the the as of listed are fear evacuations of These occupation. out some and imprisonment, or execution of threat under 33,000 wereand theUSSR, 3,000diedon to way 2004,7). sent (Report, (1919 whereby res 1941," of August and July in Union Soviet the to Men Estonian of Transfer Forced Residents oftheRepublic ofEstonia." a identifies Commission the which crime, third the mark 6 2004, (Report, Estonia from deported were people 10,000 over well 1941, June of month the in USSR, the of People‟s the Commissars 1941 to 1940 from executed (Report, 2004,6). or USSR the in camps prison to sent either were that farmers politicians, Estonians, 1,600 estimated business the to refers Estonia," of Republic the of Residents 2004, 6). Citiz of Conviction and Prosecution "the as listed are and Commission the by criminal deemed are arrests These imprisoned. were some and executed, were some camps, prison the to sent were some trial, for Moscow or Leningrad ervists and men born during the years of the War of Independence, and shortly thereafter thereafter shortly and Independence, of War the of years the during born men and ervists - 92, ee et o on h RdAm.A oa o 5,0 mn ee oiie, 32,000 mobilized, were men 50,000 of total AArmy. Red the join to sent were 1922), I (1940 occupation Soviet the under crime fourth the notes publication The a CPSU the of Committee Central the by issued decree a to According and Citizens of Imprisonment "the Commission, the byidentified crime listed second The The final criminal event listed by the Commission is "the Killing of Estonian Citizens andCitizens Estonian of Killing "the is Commission bythe listed event criminal final The te umr f 91 2,0 idvdas ee vcae t te oit no, some Union, Soviet the to evacuated were individuals 25,000 1941, of summer the n
people, military members, active members of the Defense League, and prosperous prosperous and League, Defense the of members active members, military people,
ens and Residents of the Republic of Estonia" (Report, (Report, Estonia" of Republic the of Residents and ens - ) Tee eottos f e, oe, n children and women, men, of deportations These 7). 42
, te eotto o Ctzn and Citizens of Deportation "the s,
nd the Council of of Council the nd - 1941) as "the as 1941) and - CEU eTD Collection suffered under itsillegalannexation by from 1941 1940to theSoviet Union. the Soviet broader identifyingof involvement also while responsible those out single to able is it furthermore Soviets, the of criminality the emphasizes Commission The 4). (2004, goals expansionist its and in the werein people, but its and Estonia of interestthe in werenot place took that events the and Accordingly,Estonia in committed werecrimes of multitude a In 10). (2004, USSR,” the of conclusion, ideology the to conform not did that individuals and groups e the and USSR the into Estonia of incorporation rapid the was objective “whose leadership, Soviet the with lies crimes these for responsibility that concludes Report accor crimes war “considered are some and population,” or civilian [a] widespread against directed “a attack systemic of part were they because humanity against crimes considered are crimes State for Security), and theRed guerillaArmy warfare through174). (Raun, 2001, Commissariat People‟s (the NKGB NKVD, the resisted had who brothers” “forest Ar Red Retreating and Battalions Destruction NKVD NKGB, the by 1941 of autumn and summer the in Residents ding to Article 8 of the Rome Statute of the International Criminal Court” (2004, 8). The The 8). (2004, Court” Criminal International the of Statute Rome the of 8 Article to ding
ae o ril 7 Article on Based Republic of Estonia in the service of their country and people, in accordance with accordance in people, and country a their of service the in Estonia of The Republic people. of thousands of execution and maiming imprisonment, the justify can ideology no that is Commission the of position “the existing laws of Estonia before the Soviet occupation, could not under any any under not could occupationthe Soviet Union,”of1 was whose (2004, ofillegitimate Estonia occupation, Soviet th to according the conviction subsequent their for grounds be before circumstance Estonia of laws existing
my and Baltic Naval Fleet Units." Over 2000 people were killed, mostly the the mostly killed, were people 2000 Over Units." Fleet Naval Baltic and my f h Rm Saue f h Itrainl rmnl or, hs six these Court, Criminal International the of Statute Rome the of - led institutions, fur institutions, led 43
ther demonstrating the oppression Estonia oppression the demonstrating ther tvt o ctzn o the of citizens of ctivity terest of the Soviet Union Soviet the ofterest
iiain f social of limination
e laws of of laws e - 10).
CEU eTD Collection of War;Prisoners Soviet Killingof the an Estonians; Ethnic 6000 Approximately non and cri identified later. follows that section analytical the in to returned be will which questions, many raise occupation C the of findings and attitude The sparse. are crimes established four remaining the regarding details Report‟s The 2001). Report, hereafter: 2; Humanity,2001, Against Crimes of Investigation the for Commission International Estonia, in citizens Estonian Jewish of murdering the in involved battalions of number a found trials Soviet the from records and established territory camps Estonian various throughout in killed were Jews foreign of number unknown An killed. were 9 roughly although Germans, the of fear in country the fled community Jewish Estonia's of 75% about Report, the to VarietyRoles.” According a of Played Units the which in Civilians, H Against Crimes or Genocide of Acts while Estonia, in Camps Camps Concentration and Labour Transitat and Estonia, Outside and Towns in Battalions Police and Units Military Estonian of Participation Killin “the Jews,” Estonian of Killing against humanity, crimes. and war crimes genocide, deemed are that place took crimes five Estonia, of occupation the and Union 6.2.2.
T n eain o h Hlcut te eot dniis he sub three identifies report the Holocaust, the to relation In Sovi the of invasion German the regarding publication Commission‟s the to According For simplicity, and because their title offers adequate information, the remaining remaining the information, adequate offers title their because and simplicity, For HE HE - soin Rm i Etna te iln o a Lat Frhr 00 epe Including People, 7000 Further a Least at of Killing the Estonia; in Roma Estonian) G minal events regarding this period will be listed as such: "the Killing of (Estonian (Estonian of Killing "the such: as listed be will period this regarding events minal ERMAN umanity Took Place Involving the Killing or Deportation of Jews and Other Other and Jews of Deportation or Killing the Involving Place Took umanity O CCUPATION OF
miso rgrig hs atclr eid f German of period particular this regarding ommission g of Foreign Jews on the Territory of Estonia,” and “the “the and Estonia,” of Territory the on Jews Foreign of g E STONIA 44 :
1941 - 1944
Belarus, and Poland (Estonian Poland and Belarus, - e ciia eet, “the events, criminal set d the Impositionthe d 50 - 1,000 1,000 et CEU eTD Collection condemning and acknowledging in law of rule the of importance present the to returns end the in of occupation German 1941 from Estonia the regarding Report the Therefore, 7). 2001, of (Report, cloak a victimhood,” behind shelter to able be should criminals its that unjust equally is it but citizens; of actions the of because criminalized be should nation entire an that unjust is “it end, the In 7). (2001, Union,” Soviet the and Communism for support as construed be inevitably ther as side” a “take whohadprosecutions beenReport. inthis ofindividuals named directly given, testimony the nor mentioned dates the “neither and positions,” their of virtue by responsibility 4 (2001, Belarus Nowogródel, 36 the and communists, killed had who Omakaitse the of members were that Estonians particular in Germany, Nazi of opponents be to deemed suspects of interrogations the in as well as Jews, Estonian of killings and arrests Estonian society(2001, 7). anti continued the emphasizes and occupation, Commission The c considers crimes the 6). (2001, 1941,” June of deportations mass the particular, in citizens, her year a many to appeared initially invasion German “the follows: as occupation],” German the [of months two first the of “confusion people‟s Estonian the Commission‟sidentifies the Report conclusion In 3). 2001, (Report, Labour" Slave Forced of - og oit cuain.[hc] asd mes dmg t Etnas ntttos n to and institutions Estonia‟s to damage immense caused occupation...[which] Soviet long The Commission acknowledges evidence regarding the involvemen the regarding evidence acknowledges Commission The In the concluding portion , the Commission refers back to the difficulty of Estonians to Estonians of difficulty the to back refers Commission the , portion concluding the In implicates Estonian units in these actions,” (2001, 4 (2001, actions,” these in units Estonian implicates - 1944 accepts the criminality of the reg the of criminality the accepts 1944 e “was very little middle ground,” because “resistance to the Germans would Germans the to “resistance because ground,” middle little very “was e ommitted under German occupation within the context of the former Soviet former ofthe thecontext underoccupationwithin German ommitted
- ) Hwvr i cnlds ht i i nt esnbe o assign to reasonable not is “it that concludes it However, 5). th
Police Batt Police - 45 communism and dominant anti dominant and communism alion that participated in the shooting of Jews in Jews of shooting the in participated that alion
s a form of liberation,” particularly after “the after particularly liberation,” of form a s ime, the involvement of Estonians, and Estonians, of involvement the ime,
- 5). There were no trials or or trials no were There 5). t of Estonians in the in Estonians of t - Soviet feelings of of feelings Soviet some of its of some CEU eTD Collection or imprisoned, exiled, executed by theSoviet Red Army. mo this in involved those of majority The 5). 2008, (Report, 1944 September in Estonia of independence regain to seeking government a Government," Tief Otto continuation ofcri this 1940 in activities criminal its and re itself, occupation the of nature illegitimate fal the to back refers Commission the this event, criminal of part As structure. leadership and government Estonian the on impact greatest the had Es Raun, Toivo occupation.which 171),“bourgeois (2004,purge the the asnationalists,” ofactivities these to refers historian, first the under convicted been not had who Estonians of arrests and punishment the with continued had Soviets the 1944 In Leaders." Estonian Previous ident Commission anti for convicted were leaders Estonian former rationale, this on Based 2008). Report, hereafter: 4; 2008, Humanity, Internatio Estonian Estonian (The Treaty the Peace that Tartu the of claim signing its regime‟s despite illegitimate, Soviet were Independence of War the the after by governments justified was continuity The 4). (2008, 6.2.3. these crimes.
T This part of the Report notes the continuation of the of continuation the notes Report the of part This The third crime listed in the Report, "the Continuation of Prosecution and Conviction of Conviction and Prosecution of Continuation "the Report, the in listed crime third The the of Members of Conviction and Prosecution "the regards crime second the Similarly, HE HE S OVIET
ifies the first crime as "the Continuation of the Prosecution and Conviction of Conviction and Prosecution the of Continuation "the as crime first the ifies O CCUPATION OF minal period. - communist activities and many were sent to Gulag labour camps. The The camps. labour Gulag to sent were many and activities communist
- E 1940 and that the occupation of 1944 was simply a a simply was 1944 of occupation the that and 1940 nal commission for the Investigation of Crimes Against Crimes of Investigation the for commission nal STONIA - emphasizing the illegality of the Soviet occupation occupation Soviet the of illegality the emphasizing 46 :
F
ROM sified elections of July 1940 as well as the as well as 1940 July of elections sified 1944
Soviet regime‟s1944 Soviet after repression
eet ee retd and arrested were vement tonian CEU eTD Collection for bases labour in work to sent were but Estonia to returned were War of Prisoners Estonian 7). (2008, units investigative other to sent were some and trial to sent and arrested immediately pre their detailing questionnaire a submit to required were individuals all Report, the to According process. this to subject thus were occupation German E all involvement, German Molotov the that fact the and Estonia, in governments previous delegitimized that rationale Soviet mentioned previously the on Based Germ in remain to themselves,‟ „permitted had who citizens Soviet of interrogation and screening, “detention, the entailing event criminal sixth the 1983, 89). Ta and Misiunas 6; 2008, (Report promised was amnesty an when 1955 until 1944 in occupation Soviet second the between period the during arrested were thousands and killed were fighte resistance tothoseofsimilar described thecrimes far. so self is Authorities," Government Local the of Members Code ofthe (2008, SFSR Russian 6). Criminal the in outlined preferences ideological the with line in were investigations these that ind these of investigations Soviet the that notes also 6). (2008, Report The SFSR Russian the of Code Criminal the on based evidence,” circumstantial purely on based and “arbitrary were that mid reasons for 1950s to early and high 1940s late the of in officials arrests the identifies Estonia," of Republic the of Officials State The fifth crime, “the Campaign Against the Estonian Resistance Movement,” regards the the regards Movement,” Resistance Estonian the Campaign Against “the crime, fifth The Co and Prosecution the of Continuation "the event, criminal noted fourth The “The Treatment of Estonian Prisoners of War and Other „Traitors to the Motherland‟” is Motherland‟” the to „Traitors Other and War of Prisoners Estonian of Treatment “The
rs that were known as the “forest brothers.” It is estimated that well over 2000 2000 over well that estimated is It brothers.” “forest the as known were that rs stonians who stayed in Estonia throughout the three years under under years three the throughout Estonia in stayed who stonians
- Ribbentrop Pact allowed for Soviet interference without without interference Soviet for allowed Pact Ribbentrop
47
ividuals were not to determine the truth, and and truth, the determine to not were ividuals an - - cuid ertr” Rpr, 08 6). 2008, (Report, territory” occupied - war and wartime activities, some were some activities, wartime and war xlntr ad h dtis r quite are details the and explanatory - nviction of nviction le e state vel agepera, CEU eTD Collection limited the returned, once and years, took often which return, of process complex and slow deportees and prisoners Exile" in Residence Enforced of Estonians some for Continuation under the occupation. Soviet mark deployment, forced experienced who men 10,000 estimated ofimprisonmentinstitutions 2008,9 andforced(Report, labour or security state operational categories: three into divides instances toannihilate an assystematic population. entire attempts 2 (Report, deported were Witnesses Jehovah‟s 353 1951, April in and deported, were themselves fighters resistance as well as of, supporters and members family 20,000 over 1949 March in deported, were origin German with people 400 was abolished) (2008, 8). 1947 of exception the (with penalty death the and camps Gulag the C Criminal Soviet 1942 from that states Report the Moreover, 8). 2008, (Report, confession a induce to violence physical of form some over in kept individuals of treatment inhumane the regards which Tribunals," the Before and Investigation Preliminary industrial In continuation with the occupation of 1940, deportations rest deportations 1940, of occupation the with continuation In Under People Arrested of Treatment "the is event criminal reported seventh The h fnl rm i "h Post "the is crime final The the regards II," War World in late Army Red the into men Estonian of "Mobilisation Report the that Repression" Soviet of "Institutions twelve includes crime ninth The - military for construction, post ode, and the most common punishments were 10 were punishments common most the and ode, - 1990 37,000 Estonians were sentenced for “political” crimes based on the on based crimes “political” for sentenced were Estonians 37,000 1990 - from the Gulag camps after Stalin‟s death in 1953. The Report notes the notes Report The 1953. in Stalin‟sdeath after camps Gulag the from populated prisons while w while prisons populated
- 93 Repression 1953 - war reconstruction, (R reconstruction, war 48
0, ) Te omsin ead al three all regards Commission The 9). 008, aiting for further investigation, often including including often investigation, further for aiting – gans, tribunal and court institutions, and institutions, court and tribunal gans,
the Commuting of Sentences, but the the but Sentences, of Commuting the eport, 2008,8;Raun, 2001,175). - 10).
- - n te et ciia event criminal tenth the ing 1950 when the death penalty death the when 1950
25 years of forced labour in labour forced of years 25 arted. In August 1944 over 1944 InAugust arted. –
naln te ees of release the entailing
CEU eTD Collection justice. transitional 8 6.3.1. state proposed Mendez by Juan fou the through justice transitional of goals broad the meet to ability their of terms in whole a as Humanity AgainstCrimes of Investigation the for Commission International of standards these and Genocide, international longer law wereapplicabl no of Crimes and Crimes, War Humanity, Against Crimes Statute, specifically Rome the on based Crimes wasof Investigation it Humanitybecause Against Estonian the of work the of end the marks informally death Stalin‟s Therefore, 14). (2008, restored was independence though until 1953 even after continued repression applied longer no humanity,” against “crimes of definition Statute‟s Rome the vio physically and atrocious be less to deemed Estonia were regimein under Soviet the committed crimes the 1953, in death Stalin‟s after that notes Report the conclusion the of part Commission the for scope non a as Again, organizations. these of head the at individuals names also it but humanity, against crimes out carried and bodies local subordinated that institutions freedoms (2008, prisoners former 11). of
See section3.1 See
A
h floig eto wl dsus h tre eot poue b te Estonian the by produced reports three the discuss will section following The attr Report the responsibility, of assessment the In All together, the works of the Commission regarding the Soviet occupation of 1940 of occupation Soviet regardingthe Commission the of together,works All the PPROACH 6.3. . for Juan Mendez' proposed obligation JuanMendez'for proposed .
A
NALYSIS AND
to carry out judicial activities against these individuals. Moreover,as individuals. these against activities judicial out carry to
8 .
E VALUATIONOF THE
e.
s to the state in the process of fulfilling the goals of the offulfilling process the in state the sto 49
C OMMISSION bts epniiiy o h Soviet the to responsibility ibutes
nentoa Cmiso fr the for Commission International - judicial body, it is out of out is it body, judicial ‟ S R EPORT r obligations of the the of obligations r
lent. Thus, - 1941, CEU eTD Collection whole the and descendants, their victims, to accessible happened what of knowledge the made the of memories gathered and knowledge historical collected the both on based past the of narrative dominant a construct to consensus of basis the on worked has Commission The people. all of respect and worth equal law, of rule the on based one as regime new the distinguishing regimes, previous the criminalizing effect crimes of the had has humanity against the uncovering on focus Commission‟s the Ultimately, 12). (1997, territory Estonian comm injustices the regarding duty is state Estonian independent the criterion, this to According 12). (1997b, truth,” the know to right the victims “grant to is which 6.3.2. memory. collective of use wrong from right judging criteria a for allow they that is justice transitional p The evaluation. and analysis the in context the and discourse normative justice. Consequently,a oftransitional mechanism asCommission's success boththe international effec most the for allows This goals. stated its with conjunction in obligations four these infulfilling itsrole beconsidered will terms of Commission in the of justice, theworks Mendez‟ Regarding past. criminal responsibiliti proposed the of knowledge with Estonians providing happened, what of record a establish to serve reports These wrongdoers. naming and crimes selected the 1941 of Germanoccupation the
G h Cmiso hs niptby e te eod re second the met indisputably has Commission The RANTING
V ICTIMS THE s f h sae o et h nraie n uiesl ol o transitional of goals universal and normative the meet to state the of es itted towards Estonian individuals and society, as well as those on those as well society,as and individuals Estonian towards itted - 1944, and 1944, R IGHT TO - specific historical and transitional constraints are considered are constraints transitional and historical specific urpose of considering the universal normative features of of features normative universal the considering of urpose - on t ivsiae n etbih rcr o te past the of record a establish and investigate to bound the Soviet occupation from 1944, consist of describingof consist 1944, occupationfrom Soviet the K NOW 50
pniiiy rpsd y Mendez, by proposed sponsibility difficult past. This process has has process This past. difficult tive analysis of the the of analysis tive
CEU eTD Collection for thecrimes. responsible those punish and persecute to or office public of positions from perpetrators remove propo Mendez‟ meet not does Commission the power, judicial without Clearly, 2014). Maripuu, and Hiio 1; 2008, (Introduction, action judicial such for facts of responsibilities of set a compile stated to Commission the to up the it is nor for proceedings, of criminal initiate 2014; to Commission part used not Maripuu, be is and may it however, Commission (Hiio prosecution, the and case investigation of the findings be the should Certainly, 2014). that Kaitsepolitseiamet, if trial to bring individuals and offenses suspected investigate to agency, government a the Service, to Security up Internal became Estonian then it Report, the compiling After genocide. and crimes, war humanity, attributes Commission the report each responsibility in Yet, 1). 2008, (Introduction, institution,” any or anyone against actions judicial launch to facts of set a compile to trying “not is that body judicial Commission‟s the office mentioned, public As in 12). positions (1997b, from perpetrators remove to obligation, fourth the and justice for 6.3.3. to emphasizeboththe moral anddemocratic serves arguably which powers, occupying oppressive the of hands the at Estonia in injustice and has it so, doing In period. previous the in ruled had that lie institutionalized the of society, discourse the delegitimizing thus
R The Commission has been less successful in meeting Mendez‟ first obligation, the need the obligation, first Mendez‟ meeting in successful less been has Commission The However it must be noted that some of the individuals named in the three reports have have reports three the in named individuals the of some that noted be must it However EDRESSING
o niiul ivle i te rmnl vns emd o e rms against crimes be to deemed events criminal the in involved individuals to
I NJUSTICE also contributed towards the collective memory of the harm, suffering, harm, the of memory collective the towards contributed also
- political change brought about by change brought about independence political 51 nrdcin xlcty tts ht t s non a is it that states explicitly Introduction
e olgtos o te tt to state the for obligations sed .
the - CEU eTD Collection Onken, 2009,40; Astrov, 2009,86.). 27; 2009, Morozov, and Fofanova 426; 2008, Kasekamp, and (Brüggemann rule Soviet criminal un suffered Estonia that understanding upon agreed and dominant the on based been has post of memory collective the that argument the with agreement in largely distinguishi of effect the has which occupation, Soviet of periods both criminalize to well does Commission the prosecutorial. Commi the that claim Meri‟s Lennart President despite Statute, Rome the on based Estonia, in and Estonians towards committed humanity against crimes the for have responsibilityexplicitly attributes Commissionbecause it the theknowledge by utilized presented bodies international and Estonian 2014). (Kaitsepolitseiamet, Service Security Internal Estonian the by investigated were individuals named the of few a Additionally, 2006). Rights, t and 2006), Rights, Human of Court (European Kislyiy and Kolk vs. Rights Human of Court European the including perpetrators, named the of some against out carried proceedings criminal in referenced and cited tried (Kaitsepolitseiamet, 2014). been also have 1944 from Estonia of occupation Soviet the under humanity against crimes for 1940 from the people 1800 least before died he although at of repression the 1941, for accused was but died in also Jakobson Idel and finalized Estonia were proceedings in citizens 1062 of deportation and arrest cri for prosecuted been The Commission and the Report rega Report the and Commission The As discussed, no trials or proceedings resulted from the Report published regarding the the regarding published Report the from resulted proceedings or trials no discussed, As ofresponsibility, attribution explicit the andreports the of content the natureof the to Due ng the new regime through moral inversion (Mark, 2010, 31). This perception is perception This 31). 2010, (Mark, inversion moral through regime new the ng
he European Court of Human Rights vs. Penart (European Court of Human of Court (European Penart vs. Rights Human of Court European he mes against humanity. For instance, Vassili Riis was prosecuted for the for prosecuted was Riis Vassiliinstance, For humanity. against mes - 1941 (Kaitsepolitseiamet, 2014). Similarly, individuals singled out singled individuals Similarly,2014). (Kaitsepolitseiamet, 1941
rding the Soviet occupation from 1944 have been been have 1944 from occupation Soviet the rding 52
ssion‟s role is not judicial or or judicial not is role ssion‟s - communist Estonia communist der the the der
CEU eTD Collection court domestic and international in recentlyhave played Commission the and Report the roles the noti This (2014). itself research the of out motives political present leaving of importance the and research historical evaluative of sort this of complexity Maripuu emphasizethe Nalepa, retroactiveand Hiio and and legitimizes justice (Kaminski 2006), legal international on grounds based being Commission the of works the Despite (2014). Humanity du were operations Commission‟s the of end the that emphasized Institutes, two the of members board Maripuu, Meelis and Hiio Toomas 388). 2006, Nalepa, and (Kaminski law of rule the follow to inability regi democratic new the of legitimacy and(Kaitsepolitseiamet, Hiio Maripuu, 2014). 2014; occurred that crimes for office public from responsible those remove and indict effectively to impossible near and scope of out therefore is It occupation. of time the and present the between distance elements German period ofthis of be 6.3.5. occupationwill discussed insection further controversial The justice. transitional of goals broad the achieve to seeking institutes memory of th a Establishing (2014). past criminal the of understanding new for potential the and research extensive more for allowing collected, is evidence more and more passes, time as and belief, this of also are Maripuu Meelis and Hiio Toomas action. future for possibility a of hints 2001, in published was Report this that fact the as well as regime, Nazi the to opponents and Jews of killing and deportation the in Estonians of involvement the Battalion, in Estonia of Occupation German diinly rtocie utc i cnetbe n n o isl de o h debated the to due itself of and in contestable is justice retroactive Additionally, retroactive of processes Certainly – n 90 n 14, atclry s ay ae id r ee o il o proceedings for ill too were or died have many as particularly 1941, and 1940 in
Article 7 of the Rome Statute, Crimes Against Humanity Against Crimes Statute, Rome the of 7 Article e to the inapplicability of the original framework, based on Crimes Against Crimes on based framework, original the of inapplicability the to e
1941 e o mlmn jsie eadn te rvos regimes previous the regarding justice implement to me - 1944. However, controversy surrounding the 36 the surrounding controversy However, 1944.
justice are complex and difficult due to the temporal the to due difficult and complex are justice 53
on is particularly relevant considering relevant particularly is on orough account is a primary goal primary a is account orough –
which arguably facilitate arguably which
th
Police s
CEU eTD Collection that believe "we Germany, Nazi with collaboration of possibility the to reference In 10). 2004, (Report, dignity and country their for fight to Estonians of resilience the implies people," and of o arrests service the in Estonia Soviet of Republic the of example, citizens of "activity Forthe for Estonians message. this conveys consistently Report the throughout recognizing of means a as reparation identifies Mendez' Additionally, so. done certainly has Commission the works, its Through reparation. of context the in responsibility of attribution the and context, or reparation material detailing by acknowledgement and recognition of for allow form only can Commission the a by produced reports the as mind, in this With serve compensation. explicitly cannot publications and research or monetary,recognition, it be done, harms the for reparation 6.3.4. collective memory. C the of goal stated a counter dismissing of effect the had has humanity against crimes the for responsibility of attribution and record published Apast. the of account dominant a establishing f put narratives possible the regarding stance a taken has past multifarious. more ambiguous and mak confused, somewhat been non the Arguably, findings. the regarding proceedings
R h tid tt rsosblt lse b Mne i t gat h vcis oe om of form some victims the grant to is Mendez by listed responsibility state third The Commission the research, historical of basis the on responsible individuals identifying By EPARATIONS
the worth and dignity of the victims as human beings (1997b, 12). (1997b, human beings The as language victims used the dignity and of the worth
miso (nrdcin 20, ) ad iutnosy osrcs a constructs simultaneously and 1), 2008, (Introduction, ommission ing its efforts and aims to objectively establish an account of the the of account an establish objectively to aims and efforts its ing
54 the criminal events, the historical background, the background,historical the events, criminal the
- uiil aue f h Cmiso has Commission the of nature judicial rh tu poiig bupit for blueprint a providing thus orth, an apology (1997b, 12). Certainly,12). (1997b, apology an - narratives, which is also is which narratives, f their country their f CEU eTD Collection t and historian prominent a Zuroff, Efraim after Männil, Harry Estonian, an into investigation an initiated Police Security Estonian the However, Report. this in named229). 2008, individuals of prosecutions Additionally, or trials no were there increasing However,36 Report. the the of actions throughout acknowledgedthe the works andwithin the Report oftheitself Commission in contention of points are there occupation, German of period the to regards However,with ethos. democratic international the and rights, equal for respect democracy, law, of rule t is which one, new the and regimes old the between contrast moral and political, legal, the emphasize to able was Commission the remembrance, of way particular this Entrenching committed. crimes listed the through evidenced as occupations, Soviet criminalit country‟sthe around centered the mostlyof particularmemory past, recent 6.3.5. obligationa for state, reparation. le symbolic and normative a at meeting victims, the for reconciliation and recognition of means a as serves Report the Therefore, violations. rights human of years the after independence. Th Estonian restore to efforts their emphasizing while the all Estonians, of suffering the recognize non the they action only the taking men these of many
P Thus far, it is clear that the Commission has decisively contributed to producing a a producing to contributed decisively has Commission the that clear is it far, Thus s etoe, h ivleet f soin i ietfe ciia eet is events criminal identified in Estonians of involvement the mentioned, As - OSSIBILITY OF rationality of human nature. The language of the Report does well to acknowledge and and acknowledge to well does Report the of language The nature. human of rationality y otoesa (io n Mari and (Hiio controversial ly is arguably satisfies the need of victims to have their dignity and worth restored restored worth anddignity their have to victims of need the arguablysatisfies is D ENIAL
u, 04 Nledrs t l, 05 109 2005, al., et Nollendorfs 2014; puu, 55 believed possible," (Report, 2001, 7) emphasizes 7) 2001, (Report, possible," believed
e ietr f h Smn isnhl Center Wiesenthal Simon the of director he .
th
Police Battalion have beenhave Battalion Police o be based on the on based be o es edz third Mendez‟ vels y of the y of ; Kopecek, Kopecek, ; CEU eTD Collection memory the through produced been far so has that memory collective the considering Still,when gap temporal a such with properlyresearch to difficult be may it 12). Thus, 2001, (Cohen, knowledge of hole blacknatural a for allowing 2), 2001, (Report, occupation German the to prior left population Jewish Estonian leading historicala knowledge black2001, 12). (Cohen, holeof to atrocities, past of avoidance the or ignorance gradual from result may but planned, necessarily remember, to want we what only “remembering memory, about is of Cohen‟s it matter “arepression,” forgettingdenial, historicaland of concept Stanleytowards hints evidence of lack a to occupation of period one of details sparse Attributing (Repo material accessible limited the to refers Commission the although curious, 1940 of occupation Soviet the of those to relative committed, crimes the regarding detail Germa of period the minimizing while Soviets the of criminality the stresses German further and of Estonia, in period occupation the contextualizes occupation Nazi the to prior occurred that Soviets the anti anti the on emphasis repeated a is there and occupation Soviet former the of context remained controversial. occupatio German the under committed crimes the for responsibility of attribution the and 3 (2001, crimes, war that concluded Commission, Wiesenthal five a (Simon 2006). After Center, 1942 and 1941 in individuals Jewish of hundreds killed Männil claimed - communist attitudes throughout. The e The throughout. attitudes communist Additionally, the crimes committed during the German occupation are considered in the in considered are occupation German the during committed crimes the Additionally, ruby te rmnl vns ok lc rough place took events criminal the Arguably, n occupation and the criminal activity that took place. Moreover, the lack of of lack the Moreover, place. took that activity criminal the and occupation n - 7; Kaitsepolitseiamet, 2014). Ultimately, the findings detailed in the Report the in detailed Ultimately,findings 2014). the Kaitsepolitseiamet, 7;
- (Hiio and Maripuu, 2014). Therefore, historical denial is plausible. plausible. is denial historical Therefore, 2014). Maripuu, and (Hiio year investigation process the Estonian Security Police as well as the as well as Police Security Estonian the process investigation year
there was no concrete evidence regarding Männil‟s participation in participation Männil‟s regarding evidence concrete no was there xtensive references to the repression of Estonians by Estonians of repression the to references xtensive 56
(oe, 01 1) Hsoia dna i not is denial Historical 12). 2001, (Cohen, ” y 5 er ao te aoiy f the of majority the ago, years 65 ly
rt, 2001, 5). 5). 2001, rt, - Soviet and Soviet - 1941 is is 1941 n have n CEU eTD Collection denial nottaking inorder is tofurtherEstonia‟s place justice process. transitional controvers somewhat been has worth all andrespect individuals. for equal law, of rule the in based are that justice transitional of goals receive upon agreed universally and to victims for happened, what of broa the of realization the jeopardizing thus justice, to perpetrators truth the bring to and reparations, the know to right their victims denying ju transitional of goals 7 2001, (Cohen, realities present and past ignore or misinterpret to tend rather they memory, and facts 86). necessa 2009, not Astrov, do denial 61; historical and 2009, cultural Although Kasekamp, and Brüggemann 11; 2001, (Cohen, by evil characterized Soviet past, the of narrative dominant the maintain order in period this regarding maintai been to chosen has has society Estonian denial that sense Cultural the in denial.perpetuated cultural to contribute involvement Estonian of dismissal post of Report its and institute - The portion of the Report regarding the German occupation of Estonia from 1941 to 1944 1941 to1944 fromGerman regarding occupationof Estonia theReport The portionof - communist Estonia communist 3.Te oeta pltcl n sca rmfctos f eil n em o meig the meeting of terms in denial of ramifications social and political potential The 13). – tc ae ut psil far possibly quite are stice
to criminalize the Soviet regime and emphasize the moral high gr high moral the emphasize and regime Soviet the criminalize to –
the limited details regarding the German occupation and the near the and occupation German the regarding details limited the ial and must be reconsidered to ensure that cultural or historical or cultural that ensure to reconsidered be must and ial
57
- reaching. Denial may have the effect of of effect the have may Denial reaching. iy ml dlbrtv mnplto of manipulation deliberative imply rily n some degree of silence silence of degree some n
ound ound d CEU eTD Collection memories. Eastern and Central pre Europe of all affecting occupation, Soviet the of understandings domestic and ru Soviet under violated were Estonians of rights human the extent what to determine to basis a as Rights Human of Declaration Universal the adopted has Institute this humanity,” evaluation, for Statement,2008). standard (Mission a As rights definiti legal the human under fall not of do which period violations Soviet the “investigating in committed by the Humanity for Against Commission International Crimes Estonian of the Investigation of works the on expand to aims Memory years (MissionStatement, inEstonia of occupation Soviet 2008). post the regarding approved," has it papers research the on based conclusions final own "the then and publications, final and grants, topics, procedures, research on decides Committee The 2008). Statement, (Mission repression political and rights human in the replacing comp is Illves, Institute The Humanity. Hendrik Against Crimes Toomas of Investigation President the for by Commission International 2008 in founded was Institute) the 7. 7. THEESTONIAN INST osed of Estonian researchers who are supervised by an International Committee of experts of Committee International an by supervised are who researchers Estonian of osed codn t te ulse Msin ttmn, h Etna Isiue o Institute Estonian the Statement, Mission published the to According Pres a Through
Ul iaey te ak f h Isiue s o etbih at ad icmtne which circumstances and facts “establish to is Institute the of task the timately,
- 1991 and this objective is to be achieved by expanding the collection of individual of collection the expanding by achieved be to is objective this and 1991 7.1. idential decision, the Estonian Institute of Historical Memory (hereafter: Memory Historical of Institute Estonian the decision, idential
E STABLISHMENT ITUTE OFHISTORICAL ITUTE le. The Institute seeks to contribute to international to contribute to seeks Institute The le. ,
58 G
OALS ,
AND M ANDATE
Committee will draw its draw will Committee
n f rms against crimes of on MEMORY f Historical Historical f - Stalin
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A NALYSIS OF THE st - Stalin era, the Institute will contribute to the establishment of a collective a of establishment the to contribute will Institute the era, Stalin are not specified. There is no formally defined timeframe for its timeframefor defined formally no specified. Thereis arenot E STONIAN
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iscussed, collective memory of the past is a reflection of reflection a is past the of memory collective iscussed, n comparison to the Commission, the Institute‟s goals Institute‟s the Commission, the to comparison n 60
Memory are clear. Simultaneously the the Simultaneously clear. are Memory formation has been uncovered and and uncovered been has formation s io n Mei Maripuu Meelis and Hiio as p, 2008, 437; Onken, Onken, 437; 2008, p, CEU eTD Collection further time, more Given analysisInstitution warranted. the justice asaisthus oftransitional mechanism of reparation. of form a as serving also and happened what know to rightthe Union,therebygranting victims Soviet the under committed crimes the ofunderstanding justice. transitional of goals normative certain the meet to aims to also and memory contribute collective Estonian the further of production will it as justice transitional with experience Estonia‟s of analysis event its and Memory Historical of Institute Estonian the body, successor its As ago. years 20 almost task this with charged was Humanity Against Crimes of Investigation the for Commission International Estonian the result, a As happened. r a establish and past its of legacies burdened the with deal to need the with conditions. past Estonian As part of Estonia‟s transitional process, the newly independent regime was confronted confronted was regime independent newly the process, transitional Estonia‟s of part As
a cag a a eut f h nw eerh a wl a te ains changing nation‟s the as well as research, new the of result a as change may
aey ti isiue f eoy ek t cnrbt t international to contribute to seeks memory of institute this Namely, 61
ual publications will be highly relevant for relevant highly be will publications ual ecord of what had had what of ecord
CEU eTD Collection party through process ofhistorical a selectivity been has constructed often is memory collective Therefore,circumstance. and that goals present the by defined past the of understanding specific very a portray to meant influ is which and memory,” constructed often is memory collective However, (1950). interaction, memories framing and to shaping constantly individuals, due the between activity and collectivity communication, the into transcend memories individual the as collective the universal the achieve to normative justice. goals oftransitional order in ways various in utilized and constructed been has past the d to In order crimes. committed and occupied illegally had re to needthe to relation po order,many democratic asinternational the to join to seeking states new for basis and framework a provided arguably have law, rights human international and ethos democratic international a for respect equal of notions law, of rule respected internationally the on based democracy a building of project transitional broader the with associated been increasingly has justice transitional years recent in However, lega regime political a which in process a justice, transitional st - communist states desired. In Estonia, the process of transitional justice has been defined in defined been has justice transitional of process the Estonia, In desired. states communist - state had monopolized memory, monopolized had state werethat committedcrimes and population, the suppressed According to Maurice Halbwachs, individual memories are to be understood in terms in understood be to are memories individual Halbwachs, Maurice to According with success and experience Estonia's evaluate to sought has thesis this outset, the From
In Estonia, establishing the collective memory of the past was important, the Soviet Soviet the important, was past the of memory collective the establishing Estonia, In - establish the state as independent and distinct from the predecessor,the from distinct andindependentwho as state the establish ll, and accountability. Such normative concerns, defined by the the by defined concerns, normative Such accountability. and ll, CONCLUSION
and interpretation. 62
o so, a particular collective memory of memory collective particular a so, o
l cnrns t ciia past criminal its confronts lly ne b “institutional by enced
of of . CEU eTD Collection three Commissions the of evaluation and reading close a After oppression. and criminality r new the distinguishing of effect the have often and distinct are institutes memory commissions, truth to similarities the Despite institute. memory a InternationalCrimes Investigation for of the Commission Against Humanity, which as isregarded played inEstonia'swith transitional justice. a role predominant experience far thus has past the of criminality Soviet of memory collective the Evidently, years. transition and transitional the in Estonians amongst uncontestable largely was past the with dealing for basis this Therefore, illegitimate. was occupation Soviet the that notion on the on predicated focused predominantly were they the Additionally, criminalizing controversial. been have some and scope, in limited been have implementation, their in delayed were they successful, entirely been transiti the consideration into taking while, the all ethos, democratic international the on based justice transitional of goals normative universal, broad, the achieve regime independent the help to selected was approach multifaceted s and humanity against crimes prosecuting agents, security former of names the revealing conscience, of oath written the restitution, property rehabilitation, victim justice: the first battlegrounds thefight in theSoviet Union(2004,226 against of one was Laar,history Mart to before. According come had what of understanding an establish past the of memories their revive to encouraged were individuals Moreover, significant. was occupations of history and independence its both reclaiming of idea the transition, Estonia's of part As fill. to sought hol gapping a was there result, a clandestine. As often s n diinl esr, omr rsdn HE Lnat ei ovnd the convened Meri Lennart H.E. President former measure, additional an As order In to establish a record of the past, Estonia adopted six mechanisms of transitional of mechanisms six adopted Estonia past, the of record a establish to
oit eie s h cletv mmr o te soin at a been has past Estonian the of memory collective the as regime Soviet hrtg gop fre seig o noe te lnetn cie and crimes clandestine the uncover to seeking formed groups heritage ; onal and local context. However, these mechanisms have not have mechanisms However, these context. local and onal 63
e of knowledge that the transitional regime transitional the that knowledge of e gm fo te rvos dfnd y its by defined previous, the from egime - 227). 227).
ymbolic justice. This justice. ymbolic
Estonian post - CEU eTD Collection past, the of acknowledgement Through consideration. into taken be must regime previous the of The criminality the on predicated been has that past the of record justice. a establishing of process the in bias transitional of process broader likelihood the however the happened, what know to right the victims the granted has Commission in used legitimately been has memory analy of benchmark a as used been have justice transitional of goals the achieve to state a for obligations proposed predecessor. understood nation independent the operates of framework that the within past Estonia's of understanding particular a established has Humanity Against and evidenceregarding period. this perhaps som As discussed, implies this information of lack the to points Commission the and dismissed largely Estonian is collaboration of evidence Moreover, occupation. German of months few first the in experienced Eston confusion the to emphasis repeated is there and occupations, Soviet the of context the framed within is occupation German sparse,the are relatively Commission the by reported events moral that based Estonia is ontherule of law. and democratic, independent, the portraying and emphasizing of effect the has This occupation. responsib Soviet the of well are events criminal the frequent, illegality are occupation the to References regimes. previous the criminalize to Commission occupation Soviet the and 1944, 1940 of occupation of period Soviet the regardingreports, In order to evaluate the Commission as a mechanism of transitional justice, Juan Mendez' Mendez' Juan justice, transitional of mechanism a as Commission the evaluate to order In Crimes of Investigation the for Commission International Estonian the speaking, Broadly occupa the Regarding ility to the Soviet Union, its institutions, and leaders is clear regarding both periods of periods both regarding clear is leaders and institutions, its Union, Soviet the to ility
sis. Mendez' obligations serve as criteria in order to judge whether collective whether judge to order in criteria as serve obligations Mendez' sis. tion of Estonia by Nazi by Estonia of tion
rm 94 i i eiet ht hr ws n fot y the by effort an was there that evident is it 1944, from
64
- - Germany, the details regarding the criminal criminal the regarding details Germany,the documented and detailed, and attribution of attribution and detailed, and documented - 1941, the German occupation of 1941 occupationof German the 1941,
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of of - CEU eTD Collection obligations‟, Mendez of all meet to failure institutes‟ memory the However memory. collective the and Humanity Against Crimes of Investigation the for Commission International the institutes, context. and circumstance political Estonian contemporary th justice transitional of goal normative and broad a individuals, all for worth and respect equal with law of rule the on based ethos, democratic international the of part as Estonia b likely particularly is criminality Soviet on focus continued This produced. be to continue will Union Soviet the of criminality the on based been far so has that memory collective Estonian the that likely therefore sec the under violated been had rights human extent what to establishing on focused is Institute The of operation. in Institute still is Estonian which the Memory Historical by succeeded been has and 2008 in work its completed Humanity certainlygeneral contributed the justice. towards oftransitional aims has institute, memoryas a Commission, the In conclusion, activities. judicial many in usefulbeen non a as confused, somewhat been Report. arguably have Moreover, its functions its and Therefore, Report. Commission the the referenced have in bodies judicial individuals domestic and named international against initiated been have investigations of line clear a is there result, trials occupation, Soviet of periods both Regarding upon. acted a be may which accountability as committed, crimes the for responsibility attribute and office.Commissio the Despite public of positions from removal and trials through justice to perpetrators the bringing around reconcili revolve obligations fourth andMendez‟ reparation.first of and form some victims grant to obligation recognition of means a as serve reports the Estonian Institute of Historical Memory Historical of Institute Estonian However, the Estonian International Commission for the Investigati the for Commission International Estonian the However, cue hs olcie eoy a hd h efc o frhr establishing further of effect the had has memory collective this ecause n being a non beinga n -
judicial body,judicial perpetrators to identifythe well does it have been instrumen been have 65
n Sve ocpto i Etna I is It Estonia. in occupation Soviet ond to, hrb meig h third the meeting thereby ation, lay h Etna memory Estonian the Cleary tal in establishing the Estonian the establishing in tal
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