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International Conference Crimes of the Communist Regimes, Prague, 24–25 February 2010

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International Conference Crimes of the Communist Regimes, Prague, 24–25 February 2010 International conference Crimes of the Communist Regimes an assessment by historians and legal experts proceedings Th e conference took place at the Main Hall of the Senate of the Parliament of the Czech Republic (24–25 February 2010), and at the Offi ce of the Government of the Czech Republic (26 February 2010) Th e publication of this book was kindly supported by the European Commission Representation in the Czech Republic. Th e European Commission Representation in the Czech Republic bears no responsibility for the content of the publication. © Institute for the Study of Totalitarian Regimes, 2011 ISBN 978-80-87211-51-9 Th e conference was hosted by Jiří Liška, Vice-chairman of the Senate, Parliament of the Czech Republic and the Offi ce of the Government of the Czech Republic and organized by the Institute for the Study of Totalitarian Regimes together with partner institutions from the working group on the Platform of European Memory and Conscience under the kind patronage of Jan Fischer Prime minister of the Czech Republic Miroslava Němcová First deputy chairwoman of the Chamber of Deputies, Parliament of the Czech Republic Heidi Hautala (Finland) Chairwoman of the Human Rights Subcommittee of the European Parliament Göran Lindblad (Sweden) President of the Political Aff airs Committee of the Parliamentary Assembly of the Council of Europe and chairman of the Swedish delegation to PACE Sandra Kalniete (Latvia) former dissident, Member of the European Parliament Tunne Kelam (Estonia) former dissident, Member of the European Parliament László Tökés (Romania) Bishop, former dissident, Member of the European Parliament Milan Zver (Slovenia) Member of the European Parliament Jana Hybášková (Czech Republic) former Member of the European Parliament Martin Mejstřík (Czech Republic) former senator, Parliament of the Czech Republic Th e organizers would like to thank the partners and sponsors of the conference Konrad Adenauer Stift ung Robert Schuman Foundation for Cooperation between Christian Democrats in Europe Czech Museum of Music DEMAS (Transition, Czech Republic Development Cooperation, National Endowment for Democracy) Information Offi ce of the European Parliament Representation of the European Commission in the Czech Republic Polish Institute Prague MENE TEKEL festival media partners Týden Czech Television Dear and esteemed readers, I am pleased to be able to present to you this rare book – the proceedings of a conference which was organized by my predecessor in offi ce and the founder of the Institute for the Study of Totalitarian Regimes, Pavel Žáček. Th e conference “Th e Crimes of the Communist Regimes” was convened in response to calls formulated, in particular, in the following documents: the Resolution of the Parliamentary assembly of the Council of Europe on the Need for International Condemnation of the Crimes of Totalitarian Communist Regimes of 25 January 2006; the Prague Declaration on European Conscience and Communism of 3 June 2008; and the Resolution of the European Parliament on European Conscience and Totalitarianism of 2 April 2009. Th e conference was made possible through cooperation with our partner institutions and organisations in the working group on the Platform of European Memory and Conscience. Its aim was to try and create an overview of the crimes committed by the communist regimes behind the Iron Curtain, to assess them from a legal point of view and to search for possible suggestions on how to deal with these crimes today. Correspondingly, the three conference days were entitled “Th e crimes committed”, “Th e justice (to be) done” and “Th e solution”. On the fi rst day of the conference, partner institutions presented reports summarising the types of crimes committed by the communist dictatorship in their country and the prosecution of these crimes aft er 1989. It was unambiguously ascertained that many of the crimes committed by the various communist regimes classify as crimes against humanity as defi ned by international law since 1945. Th e second day’s contributions concentrated on the prosecution of criminals and the consequences of the hitherto unsatisfactory justice. On the third day, ways to address the crimes of communism on a broader scale were examined, including existing models of international justice. Th e event took place under the illustrious patronage of personalities active in the fi eld of coming to terms with the legacy of totalitarianism in Europe. It was attended by many distinguished speakers and guests. Mr Jiří Liška, Vice-chairman of the Senate, the upper house of Parliament of the Czech Republic, hosted the deliberations on the fi rst two days. It was a special honour for the conference and its participants that the discussions of the fi nal day took place under the auspices of the Prime minister of the Czech Republic Mr Jan Fischer at the Offi ce of the Government of the Czech Republic. Th e conference 5 concluded in a “roundtable discussion” among the panelists of all three days and in the adoption of a Declaration on Crimes of Communism on 26 February 2010. Th e accompanying events of the conference included an evening with jazz standards by the Milan Svoboda Jazz Quartet at the Czech Museum of Music, a screening of the fi lm “Zhivi” (Th e Living) on the Holodomor by Ukrainian director Sergiy Bukovsky at the Polish Institute and the opening of the exhibition “Common Denominator: Death” on the exhumations of victims of the Securitate by the Romanian Institute for the Investigation of Crimes of Communism as a part of the MENE TEKEL festival. In the proceedings, we have compiled the presentations of all conference speakers, including manuscripts which were not delivered personally, the exception being one or two cases in which the authors did not submit a text for publication. Mr Joachim Gauck who was expected as a speaker in Session VII. on Day 2, unfortunately could not come to the conference. Th e presentations and speaker biographies refl ect the state of knowledge and matters at the time of the conference, i.e. February 2010. Th e original written contributions were subjected to minimal language editing. For those interested, the conference website www.crimesofcommunism.eu contains the complete voice recordings of all the sessions including the fi nal roundtable discussion, the transcript of which has been omitted from this book. To conclude, it is my sincere wish that this publication inspire further eff orts which will lead to a full disclosure of the crimes of communism, to the opening of all archives harbouring information on them, to the identifi cation of perpetrators, to the recognition and commemoration of all victims of communism as well as of all the citizens who resisted and fought against it. It is my wish that justice for the crimes of communism also be attained. Th at will foster reconciliation within post-communist societies as well as a deeper understanding and strengthened European integration across the former East-West divide. Finally, I wish that a worldwide condemnation of communism be achieved and that mankind never reinvent any form of totalitarianism again. Daniel Herman, director Institute for the Study of Totalitarian Regimes August 2011 6 A word of greeting to the conference from the European Commission Last year’s twentieth anniversary of the fall of the Iron Curtain brought with it much refl ection and many memories and analyses – not only of twenty years of freedom, but also of the preceding communist period. Last year also saw the elapsing of fi ve years since the expansion of the European Union by ten new member states, eight of them with a communist past. Th e EU thus broadened not only geographically, but also enriched itself with the experiences of these acceding states, including their experiences with the crimes of communist regimes. Th ese do not constitute a lifeless history; they carry lessons with them. Th ose who have gone through such experiences tend to be more sensitive to certain phenomena in society – ones which may at fi rst appear innocent. For this reason, it is so important not only to not forget about these experiences, but also to work with them and share them with those who eluded them, whether because they were born on the “right” side of the Iron Curtain or born aft er its fall. Th e European Union is conscious of the values of memory and remembrance. A part of the Europe for Citizens programme is dedicated to to the recollection of victims of not just Nazism, but also of Stalinism. Refl ection on the past is essential for an understanding of what is happening here and now. Th e Representation of the European Commission in the Czech Republic therefore gladly supports the conference “Crimes of the Communist Regimes” recognizing the importance of remembering our own history and that of our neighbours, so that we do not forget that freedom, democracy and human rights are not matters of course. It is necessary to continuously fi ght for them, even when externally it may seem that they have been won for good. European Commission Representation in the Czech Republic February 2010 7 Contents DAY 1 – THE CRIMES COMMITTED Opening of the conference Jiří Liška, Czech Republic ............................................................................................................... 17 Pavel Žáček, Czech Republic ......................................................................................................... 21 Inaugural address Harry Wu, USA .................................................................................................................................23
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