DOCSLIB.ORG

FINAL Memory Historical

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
FINAL Memory Historical RUSSIA: “CRIMES AGAINST HISTORY” THE TERM 'CRIMES AGAINST HISTORY' DENOTES EXTREME ABUSES OF HUMAN RIGHTS AGAINST HISTORY PRODUCERS COMMITTED BY AUTHORITARIAN OR TOTALITARIAN REGIMES BACKGROUND the design and implementation of laws that obstruct the work of civil society, such as the infamous “Foreign Agents” In recent years, the Russian State has law, as well as memory laws that restrict been busy constructing and enforcing freedom of expression, including the an official historical narrative that prohibition of criticism of the Soviet centres on the glorification of Soviet- Union’s actions during the Second World War, and insults to State symbols; era achievements, most prominently the victory in the Second World War, practices of censorship, such as making it while downplaying or justifying the impossible to publish research on certain mass atrocities committed by the undesirable topics, like collaborationism Soviet regime, including the Stalinist with Nazi Germany, or to collaborate with foreign counterparts, particularly if they “Great Terror.” The aggressive are from the Baltic States, Poland, or historical memory policy pursued by Ukraine; the State not merely marginalizes alternative viewpoints, but also violates propaganda pushing the regime’s meta- the rights of independent historians, narrative through the establishment of publicists, journalists, civil society patriotic institutions, including the Russian Military Historical Society and activists, and NGOs working on the the Russian Historical Society; through subject of historical memory in Russia. the introduction of unified history textbooks that among other things claim that the Soviet Union entered into the THE REPORT Second World War in June 1941; and through inculcating a patriotic vision of the past, and creating a climate of Our report analyses the human rights intolerance and fear among independent situation of historians, NGOs, activists, historians; journalists, and other history producers working on the historical memory of denial of access to archives, which play a special role in impeding the work of the Soviet past in Russia. We do so historians; of our 16 interviewees, ten through the prism of 'crimes against have identified restrictions on access to history,' a term denoting a range of archives as a key impediment to historical extreme abuses of history committed memory work in Russia, while others by authoritarian and totalitarian have identified a general tendency regimes. This term has a particular towards more secrecy since the early 2000s; pertinence to Russia, where State authorities have accorded an increasing restrictions on commemorative increasingly central role to historical and other public events that take the form memory of the Soviet past in self- of “encouragements” not to hold them, legitimation and national identity- and condoning attacks on them by private actors; building, while trampling human rights along the way. failure to provide effective remedies or reparations to victims of Soviet-era Based on empirical research, including crimes and their families or to hold 16 interviews, the report compre- perpetrators accountable; and hensively catalogues repressive acts smear campaigns and intimidation related to historical memory that against independent civil society actors constitute violations of human rights: like International Memorial, and malicious prosecutions of historians, most notably Yuri Dmitriev. 2 The report also analyses the identified Freedom of Assembly “crimes against history” from the standpoint of international human rights law and (k) Amend laws regarding public Russian constitutional law. Our main finding assemblies, and ensure that peaceful is that violations of the human rights of assemblies surrounding historical memory history producers dealing with the legacy of matters, or otherwise, are not subject to Soviet-era crimes have become widespread arbitrary bans and dispersals, and that and systematic in Russia. They, therefore, their participants are not arrested and rise to the level of “crimes against history” convicted solely for participation in or and affect not only history producers, but organization of such assemblies; also the entire Russian society, as well as the international community at large. The Right to Fair Trial and the Right to Liberty In order to reduce infringement of freedom of expression and other human rights in the (n) Review criminal cases against light of current historical memory policies in independent historians, including Yuri Russia, FIDH makes the following Dmitriev, and civil society activists working recommendations to the Russian autho- on issues of historical memory that raise rities and intergovernmental organizations. issues of politically motivated prosecution, and immediately release Dmitriev and other political prisoners; MAIN RECOMMENDATIONS TO THE RUSSIAN AUTHORITIES The Right to Work, the Right to an Effective Remedy, and the Right to Freedom of Expression Truth (a) Remove references to “historical truth” (o) Ensure respect for academic freedom from the Constitution; at universities and other academic institutions; refrain from interference into (b) Repeal the “Exoneration of Nazism” law; academic matters, including educational curricula; (c) Terminate pending criminal cases concerning the expression of opinions (p) Ensure respect for and promote about historical facts; diversity in the teaching of history at schools and universities; repeal the (g) Declassify all archives of Soviet security Unified Historical and Cultural Standard; services and ensure full public access to them; (q) Ensure that historians are not dismissed or otherwise reprimanded by (h) Amend regulations regarding access to their employers for the expression of the files of criminal and related cases opinions about historical facts or against the victims of Soviet-era collaboration with foreign historians; persecution, and provide full public access to such files, including information about (t) Undertake effective investigations into State officials involved in persecution; all known Soviet-era State crimes, identify all those responsible and, if possible, Freedom of Association bring them to justice; (i) Repeal the “Foreign Agent” law, and (u) Increase the amounts of compensation provide that independent NGOs are free to due to the victims of Soviet-era receive funding from any domestic, foreign, persecution for arbitrary deprivation of or international sources; liberty and expropriation of property; (j) Ensure that independent NGOs are not (v) Expedite the creation of an official subjected to arbitrary inspections, database of all victims of Soviet-era penalties, or other forms of administrative persecution; pressure; 3 RECOMMENDATIONS TO (d) Engage in consultations with the INTERGOVERNMENTAL Russian authorities with a view to ORGANIZATIONS: reducing infringement of freedom of expression and other human rights of (a) Provide financial, logistical, and independent historians, NGOs, and other professional support to independent civil society activists working on issues of historians, NGOs, civil society activists, historical memory in Russia; and other history producers working on issues of historical memory in Russia; (e) Reiterate calls on Russian authorities to commemorate victims of communist (b) Grant priority totalitarianism; to cease the to applications, right to work persecution complaints of history or other right to privacy producers, freedom of expression right to a fair trial right to truth freedom of association RIGHTS VIOLATED AS PART OF A STATE POLICY right to libertyTO TARGET HISTORY PRODUCERS freedom of assemblyright to truth right to be free from torture right to a fair trial right to liberty submissions freedom of expression right to work the whitewashing to international right to an effective remedy bodies, including of international the European Court right to truth crimes, revisionism, of Human Rights, the censure, and other grave Human Rights Committee, abuses of human rights that fall into the United Nations Working Group the definition of “crimes against history”; on Arbitrary Detention and other Special Procedures of the United Nations Human (f) Include historians and history Rights Council, lodged by independent producers in the classification of Human historians, NGOs, and other civil society Rights Defenders where pursuing their activists working on issues of historical work is fraught with consequences of the memory in Russia; kind detailed in this report; and (c) Urge the Russian authorities to (g) Promote the establishment of a respect the rights of independent UNESCO “Day of Historians,” and other historians, NGOs, and other and civil similar initiatives recognizing the society activists working on issues of importance of the profession of historians historical memory; and the search for historical truth. CONTACTS www.fidh.org Twitter: @fidh_en / fidh_fr / fidh_es 17, passage de la Main d’Or 75011 Paris - France Facebook: Tel: (33-1) 43 55 25 18 https://www.facebook.com/FIDH.HumanRights/.
Load more

Recommended publications
  • Decommunization, Memory Laws, and “Builders of Ukraine in the 20Th Century”*
    ACTA SLAVICA IAPONICA, TOMUS 39, PP. 1–22 Articles Decommunization, Memory Laws, and “Builders of Ukraine in the 20th Century”* David R. Marples INTRODUCTION This paper provides a critical overview of the Decommunization campaign in Ukraine up to the spring of 2017, which marked two years since the beginning of the program introduced by the four Memory Laws ratified by Ukraine’s president Petro Poroshenko in May 2015. In reality, the process of removing Soviet statues and memorabilia began well before Euromaidan, especially in Western Ukraine where Lenin monuments and others of the Soviet period were swiftly removed from the late 1980s into the early years of independence.1 But I address the formal campaign headed by the Ukrainian Institute of National Remembrance (hereafter referred to as INR), which began in the spring of 2015. I provide an analysis of the program and its results, the results of opinion polls, some critiques and also the reasons why it remains controversial, particularly outside Ukraine. The particular focus is 20th century “builders of Ukrainian independence” as defined by these laws because this question has solicited the most attention, along with the physical changes that have resulted to the map of Ukraine, mon- uments, and memorials. Decommunization has a wider context than the Mem- ory Laws, including a program of administrative decentralization and a new Education Law, introduced in draft form on September 5 and approved by the president on September 25, 2017, which will gradually render the Ukrainian language as the only language of instruction in schools and higher educational institutions.2 Clearly the decentralization program cannot be fulfilled while a conflict situation remains in the eastern parts of Donetsk and Luhansk regions.
    [Show full text]
  • Memory Laws’ and Freedom of Expression
    Thematic factsheet1 Update: July 2018 ‘MEMORY LAWS’ AND FREEDOM OF EXPRESSION ‘Memory laws’ enshrine state-approved interpretations of crucial historical events and promote certain narratives about the past, by banning, for example, the propagation of totalitarian ideologies or criminalising expressions which deny, grossly minimise, approve or justify acts constituting genocide or crimes against humanity, as defined by international law. Because of the dangers such laws represent for freedom of speech, member states should ensure that the restrictions to the freedom of expression entailed by such a legal framework are narrowly circumscribed and applied in a lawful and non-arbitrary manner on the basis of objective criteria. Moreover, in accordance with the fundamental requirement of the rule of law, any limitation of, or interference with, freedom of expression must be subject to independent judicial control. This requirement is particularly important in cases where freedom of expression must be reconciled with the respect for human dignity and the protection of the reputation or the rights of others. In such situations, the right to freedom of expression under Article 10 of the Convention has to be balanced against the right to respect for private life under Article 8 of the Convention. Neither the denial or revision of clearly established historical facts, such as the Holocaust, nor the containment of a mere speculative danger as a preventive measure supposed to protect democracy, fall under the protection of the European Convention of Human Rights, as illustrated by the case-law of the European Court of Human Rights cited below. Legislative ban to use or exhibit symbols deemed “totalitarian” (red star): Vajnai v.
    [Show full text]
  • Constructions and Instrumentalization of the Past: a Comparative Study on Memory Management in the Region
    CBEES State of the Region Report 2020 Constructions and Instrumentalization of the Past A Comparative Study on Memory Management in the Region Published with support from the Foundation for Baltic and East European Studies (Östersjstiftelsen) Constructions and Instrumentalization of the Past A Comparative Study on Memory Management in the Region December 2020 Publisher Centre for Baltic and East European Studies, CBEES, Sdertrn University © CBEES, Sdertrn University and the authors Editor Ninna Mrner Editorial Board Joakim Ekman, Florence Frhlig, David Gaunt, Tora Lane, Per Anders Rudling, Irina Sandomirskaja Layout Lena Fredriksson, Serpentin Media Proofreading Bridget Schaefer, Semantix Print Elanders Sverige AB ISBN 978-91-85139-12-5 4 Contents 7 Preface. A New Annual CBEES Publication, Ulla Manns and Joakim Ekman 9 Introduction. Constructions and Instrumentalization of the Past, David Gaunt and Tora Lane 15 Background. Eastern and Central Europe as a Region of Memory. Some Common Traits, Barbara Trnquist-Plewa ESSAYS 23 Victimhood and Building Identities on Past Suffering, Florence Frhlig 29 Image, Afterimage, Counter-Image: Communist Visuality without Communism, Irina Sandomirskaja 37 The Toxic Memory Politics in the Post-Soviet Caucasus, Thomas de Waal 45 The Flag Revolution. Understanding the Political Symbols of Belarus, Andrej Kotljarchuk 55 Institutes of Trauma Re-production in a Borderland: Poland, Ukraine, and Lithuania, Per Anders Rudling COUNTRY BY COUNTRY 69 Germany. The Multi-Level Governance of Memory as a Policy Field, Jenny Wstenberg 80 Lithuania. Fractured and Contested Memory Regimes, Violeta Davoliūtė 87 Belarus. The Politics of Memory in Belarus: Narratives and Institutions, Aliaksei Lastouski 94 Ukraine. Memory Nodes Loaded with Potential to Mobilize People, Yuliya Yurchuk 106 Czech Republic.
    [Show full text]
  • 2020, Vol. 5, No 1
    UvA-DARE (Digital Academic Repository) Historical Memory in Post-Communist Europe and the Rule of Law: An Introduction Baranowska, G.; Castellanos-Jankiewicz, L. DOI 10.15166/2499-8249/386 Publication date 2020 Document Version Final published version Published in European Papers License CC BY-NC-ND Link to publication Citation for published version (APA): Baranowska, G., & Castellanos-Jankiewicz, L. (2020). Historical Memory in Post-Communist Europe and the Rule of Law: An Introduction. European Papers, 5(1), 95-106. https://doi.org/10.15166/2499-8249/386 General rights It is not permitted to download or to forward/distribute the text or part of it without the consent of the author(s) and/or copyright holder(s), other than for strictly personal, individual use, unless the work is under an open content license (like Creative Commons). Disclaimer/Complaints regulations If you believe that digital publication of certain material infringes any of your rights or (privacy) interests, please let the Library know, stating your reasons. In case of a legitimate complaint, the Library will make the material inaccessible and/or remove it from the website. Please Ask the Library: https://uba.uva.nl/en/contact, or a letter to: Library of the University of Amsterdam, Secretariat, Singel 425, 1012 WP Amsterdam, The Netherlands. You will be contacted as soon as possible. UvA-DARE is a service provided by the library of the University of Amsterdam (https://dare.uva.nl) Download date:26 Sep 2021 Articles Historical Memory in Post-communist Europe and the Rule of Law – First Part edited by Grażyna Baranowska and León Castellanos-Jankiewicz Historical Memory in Post-communist Europe and the Rule of Law: An Introduction Grazyna Baranowska* and León Castellanos-Jankiewicz** TABLE OF CONTENTS: I.
    [Show full text]
  • In Defence of Europe's Memory Laws
    In defence of Europe’s memory laws Grażyna Baranowska, Anna Wójcik 6 November 2017 The legal regulation of historical discourse poses significant risks. But there are two, exceptional cases in which memory laws protect free speech, argue Grażyna Baranowska and Anna Wójcik. One privilege of political authority is the ability to propagate collective memory. This can be enacted through a whole host of measures, whether by funding archives and museums, erecting monuments, commemorating historical figures, naming public spaces, or producing history curricula. To greater or lesser degrees, most states regulate such activities with legal restrictions. Numerous states are extending these legal restrictions through memory laws, which attempt to enforce state-approved views on sensitive and disputed chapters of history. Commentators such as Nora and Salvatori [1] have expressed concern at such laws. Using the law to sanction historical narratives directly contradicts the democratic principle of free expression. There are, however, two exceptional instances in which it is legitimate to introduce proportionate limitations to historical discourses. The two cases The first case in which memory laws help to protect free speech is to ban the denial or trivialisation of the Holocaust, genocides, and crimes against humanity. Many European countries have adopted an explicit ban so as to condemn historical atrocities and as a pre- emptive measure against racism, anti-Semitism and xenophobia. Research by Michael Bazyler [2] shows that, as of 2016, Austria, Belgium, France, Germany, Italy, the Netherlands and Romania punished Holocaust and Nazi-crimes denial. Meanwhile in Andorra, Cyprus, Hungary, Latvia, Lichtenstein, Lithuania, Luxembourg, Macedonia, Malta, Slovakia, Slovenia and Switzerland the denial of any genocide is punished.
    [Show full text]
  • Memory Laws and Security
    Memory Laws and Security verfassungsblog.de/memory-laws-and-security/ Anna Wójcik Fr 5 Jan 2018 Fr 5 Jan 2018 Security concerns are rarely openly invoked for the justification or in the preambles of memory laws – laws endorsing certain narratives about the past, often aimed at strengthening the collective identity of a nation or community. However, the notion of ‘security’ is invoked in broader debates over the legal governance of collective memory. Sadly, ensuring security – a fundamental obligation as well as the prerogative of governments – often serves as an excuse to increase the state’s grip on the freedoms of its citizens. Preserving sovereignty in post-Soviet democracies A significant number of memory laws adopted in Central and Eastern Europe aim for reconciliation with the period of domination of the Soviet Union, Stalinism, and the “real existing socialism”. The function of some of the legislation adopted in Estonia, Latvia, Lithuania, and Ukraine – apart from commemorating victims and condemning past atrocities – is to manifest the state’s sovereignty. The official condemnations of the Soviet occupation and gross human rights violations – including deportations to the USSR or the systematic starvation of local populations, notably the Great Famine in Ukraine between 1932 and 1933 – play an important role in the political communication with Vladimir Putin’s Russia. Russia has legally sanctioned imperial and nationalist narratives about its role in the Second World War (the so-called Great Patriotic War) and the subsequent defeat of Nazi Germany. In this narrative, there is no room for admitting Soviet crimes. In the context of the Russian hybrid war in Ukraine, Maria Mälksoo described memory laws as a strategic element of ‘mnemonic security’ for countries in the post-Soviet region.
    [Show full text]
  • Free Speech, Official History and Nationalist Politics: Toward a Typology of Objections to Memory Laws
    Florida Journal of International Law Volume 31 Issue 1 Article 2 Free Speech, Official History and Nationalist Politics: Toward a Typology of Objections to Memory Laws Rob Kahn Follow this and additional works at: https://scholarship.law.ufl.edu/fjil Part of the International Law Commons Recommended Citation Kahn, Rob () "Free Speech, Official History and Nationalist Politics: Toward a Typology of Objections to Memory Laws," Florida Journal of International Law: Vol. 31 : Iss. 1 , Article 2. Available at: https://scholarship.law.ufl.edu/fjil/vol31/iss1/2 This Article is brought to you for free and open access by UF Law Scholarship Repository. It has been accepted for inclusion in Florida Journal of International Law by an authorized editor of UF Law Scholarship Repository. For more information, please contact [email protected]. Kahn: Free Speech, Official History and Nationalist Politics: Toward a FREE SPEECH, OFFICIAL HISTORY AND NATIONALIST POLITICS: TOWARD A TYPOLOGY OF OBJECTIONS TO MEMORY LAWS Rob Kahn* Abstract The past two decades have seen an explosion of memory laws, especially in Eastern Europe, and an explosion of objections to them. According to critics, memory laws (1) violate freedom of speech; (2) create an official history; and (3) foster a narrow, particularistic politics. This Essay evaluates these competing arguments. The free speech objection lumps all memory laws together—regardless of content—and runs the risk of becoming an objection to hate speech bans more generally, something that limits its appeal outside of the United States. Opposing memory laws as official history is narrower, but it privileges the national history and historians who guard it.
    [Show full text]
  • The Rise of Memory Laws in Poland: an Adequate Tool to Counter Historical Disinformation?
    Forthcoming in the journal: Security and Human Rights The Rise of Memory Laws in Poland: An Adequate Tool to Counter Historical Disinformation? Dr. Uladzislau Belavusau, Senior Researcher at the T.M.C. Asser Institute (The Hague) – University of Amsterdam, Netherlands* Abstract This article focuses on the growing body of Polish memory laws, including the 2016 ‘Street De- Communization' Law and the 2018 Law on historical expression that introduced changes to the Act of the Polish Institute of National Remembrance. The analysis zooms in on, in particular, the often-overlooked component of the 2018 Law that requires the investigation of historical crimes of ‘Ukrainian nationalists’, as well as the wider context of 'memory wars' through memory laws in Central and Eastern Europe. The examination concludes that there is a discrepancy between the rationale to adopt this legislation in Poland, namely to counteract historical disinformation, and the legal solutions contained in the 2018 Law. Keywords Memory laws – Disinformation - Freedom of expression – Poland - Holocaust 1. Introduction: The Rise of Memory Laws and the Facets of Disinformation ‘[If] Governments impose singular historical narratives and prohibit alternative interpretations in “memory laws”, then they draw a line in the sand of time that can continue to divide societies for generations to come. And differences in historical interpretations and commemoration practices can have a negative effect on bilateral relations between States. Moreover, States have a duty to deal with history and memory in a responsible way in order to prevent or manage conflict within the society rather than fuel it.” (Lamberto Zannier, OSCE High Commissioner on National Minorities, 2017-present)1 *The author would like to thank Katharine Booth, Aleksandra Gliszczyńska-Grabias André W.M.
    [Show full text]
  • Memory Laws Or Memory Loss? Europe in Search of Its Historical Identity Through the National and International Law
    XXXIV POLISH YEARbook of intERnational law DOI 10.7420/pyil2014h 2014 PL ISSN 0554-498X Aleksandra Gliszczyńska­Grabias* MEMORY LawS OR MEMORY LOSS? EUROPE IN SEarch OF ITS HISTOrical IDENTITY ThrOUgh THE NaTIONal AND INTERNATIONal Law Abstract: This article provides an overview of “memory laws” in Europe, reflecting upon what may be called the “asymmetry” of such laws. It then looks at the special case of Poland and its troubled experience with memory laws; it considers the question of whether, in the eyes of the law – genocide, and in particular the Holocaust – is so “special” that its public denials warrant legal intervention. It also looks at the case law of the European Court of Human Rights and its (not necessarily coherent) “doctrine” on memory laws and their consistency, or otherwise, with the European Convention for the Protection of Human Rights and Funda­ mental Freedoms (and in particular with freedom of expression as laid down in Art. 10). The article concludes by asserting that even if we take the law as an indicator of European public memory, there is no consensus on the past, except perhaps for the special case of the Holocaust. The main challenge lies in determining whether memory laws, defined by some as social engineering and the imposition of “imperative” versions of memory, are consistent with the principles inherent in open, democratic and free societies in Europe. This challenge remains unmet. Keywords: ECHR, ECtHR, European Convention on Human Rights, European Court of Human Rights, genocide, Holocaust, memory law, Poland Memory is both a blessing and a curse for nations with history marked by tragedy.
    [Show full text]
  • Epilogue: Mnemonic Constitutionalism in Central and Eastern Europe
    Articles Historical Memory in Post-communist Europe and the Rule of Law – Second Part edited by Grażyna Baranowska and León Castellanos-Jankiewicz Epilogue: Mnemonic Constitutionalism in Central and Eastern Europe Uladzislau Belavusau* and Aleksandra Gliszczy´n ska-Grabias** TABLE OF CONTENTS: I. Introduction: the Special Section and the MELA Project. – II. Mnemonic constitutional- ism and a wider challenge of mnemocracy. – III. Mnemonic constitutionalism in Hungary. – IV. Mnemonic constitutionalism in Poland. – V. Conclusions. ABSTRACT: This Article summarizes the conclusions for the Special Section on memory laws that was published by European Papers in two parts over 2020, and explores the nexus between the emerging phenomenon of mnemonic constitutionalism and democratic backsliding. It looks at their interac- tions through the lens of the legal governance of history and the historical policy implemented by the Central and East European (CEE) States, with Poland and Hungary as the prime subjects of considera- tion and analysis. The mushrooming of memory laws in CEE throughout the 2010s, which went hand- in-hand with democratic backsliding in the region, is well documented in the Special Section. Memory laws (lois mémorielles) initially emerged as a specific phenomenon within criminal law in Western Eu- rope almost three decades ago. However, the recent wave of memory laws in CEE transcends crimi- nal legislation and has acquired constitutional significance, which this Article analyses under the head- ing of mnemonic constitutionalism. After setting out an analytical framework of mnemonic constitu- tionalism, the Article focuses on the two specific CEE examples of Hungary and Poland. In the last decade, both countries have promulgated either constitutional (in case of Hungary) or quasi- constitutional (in case of Poland) provisions that indicate a strong turn towards mnemonic constitu- tionalism.
    [Show full text]
  • Analysis of Perinçek V. Switzerland Case (Avrupa’Da Hafiza Yasalari Ve Ifade Özgürlüğü Perinçek-Isviçre Davasi Analizi)
    MEMORY LAWS & FREEDOM OF SPEECH IN EUROPE: ANALYSIS OF PERİNÇEK V. SWITZERLAND CASE (AVRUPA’DA HAFIZA YASALARI VE İFADE ÖZGÜRLÜĞÜ PERİNÇEK-İSVİÇRE DAVASI ANALİZİ) Çağatay YILDIRIM Diplomat at the Ministry of Foreign Affairs of Republic of Turkey. This paper is submitted in accordance with the requirements for the degree of Master of Laws (LL.M.) in International Human Rights and Criminal Justice at Utrecht University. All views expressed in this paper solely belong to the author only and are not official views of Ministry of Foreign Affairs of Republic of Turkey. Abstract: This paper asks whether the current trend of the adoption of new memory laws in Europe is compatible with the existing international, regional and national human rights norms on the freedom of expression. The paper will also try to find answers for the following sub-questions: i) What is the current situation in terms of memory laws in the leading EU states, namely Germany, France and Spain? What are the striking points of the relevant decisions of the Constitutional Courts in these countries? ii) Should there be a joint combat against negationism in Europe? Is the Framework Decision successful, so far, to meet the expectations in this regard? iii) How do the Human Rights Committee (HRC) and the European Court of Human Rights (ECtHR) approach to the balance the penalization of negationism and the protection of freedom of speech? Is there any evolution in their methods? iv) Context-based or content-based limitations, which one should be invoked on the issue of negationism? v) Did the Perinçek judgment bring any novelty for the ECtHR jurisprudence? This research presents a theoretical legal study aiming to analyze the current trend of the criminalization of the negationism in Europe in the light of the relevant international, regional and national provisions.
    [Show full text]
  • And Memory Laws: General Rules and Practical Implications1
    POLISH POLITICAL SCIENCE YEARBOOK, vol. 47(1) (2018), pp. 97–109 DOI: dx.doi.org/10.15804/ppsy2018107 PL ISSN 0208-7375 www.czasopisma.marszalek.com.pl/10-15804/ppsy Grażyna Baranowska Polish Academy of Sciences (Poland) Aleksandra Gliszczyńska-Grabias Polish Academy of Sciences (Poland) “Right to Truth” and Memory Laws: General Rules and Practical Implications1 Abstract: The “right to truth” relates to the obligation of the state to provide information about the circumstances surrounding serious violations of human rights. Despite its increas- ing recognition, the concept raises questions as to its scope and implementation as well as its existence as a free-standing right. Similarly, “memory laws” relate to the way states deal with their past. However, there are certain „memory laws” that, while officially serving as a guarantee for accessing historical truth, lead to its deformation. As a result, an “alterna- tive” truth, based on the will of the legislators, is being imposed. In this article the authors elaborate on the general nature of the new legal phenomenon of the „right to truth”, as a tool of transitional justice, in particular in the context of both providing and abusing historical truth by the legislators, through the instrument of “memory laws”. Keywords: right to truth; memory laws; Ukraine; Poland; Russia The Origins and the Scope of the “Right to Truth” The “right to truth” relates to the obligation of the state to provide information about the circumstances surrounding serious violations of human rights. The genesis of the “right to truth” dates back to the adoption of the Additional Protocol to the Geneva Convention in 1 The research was conducted as part of the project “Memory Laws in European and Comparative Perspective (MELA)”.
    [Show full text]