Katyn. Lutsenko. European Court
The European Court of Human Rights has handed down a ruling in the suit of the relatives of those executed by the Soviet authorities in prison camps near Katyn, Tver, Kharkiv, and other places. Interestingly, the Russian press emphasizes that the court considers it unnecessary to continue the investigation but totally ignores the part of the ruling, where concealing the case dismissal ruling is treated as follows: “The applicants relied on Article 3 of the Convention, submitting that, owing to a lack of information about the fate of their relatives and the Russian authorities’ dismissive approach to their requests for information, they had endured inhuman and degrading treatment in breach of Article 3 of the Convention.”
The Katyn case seems to be still continuing from the juridical angle. The claimants intend to go on defending their right to rehabilitate the killed innocents.
What draws attention in the 70-year-long Katyn story is the fact that the tragic events of Polish history helped their society form national identity and understand the importance of such events being legally settled.
The Polish have never forgotten Katyn as well as the Kosciuszko uprising and the revolts of 1830-31 and especially 1863. It is important that tragic events were not considered as a reason for self-flagellation and national humiliation but, on the contrary, forced the Polish elite to correct quite resolutely, albeit with great difficulties, retreats and mistakes, their errors. Thus a people, torn apart by three empires, managed to preserve itself and resist the Nazi and communist aggression.
The Polish are not the only ones to have done so. The same applies to the Serbs who have glorified in folksongs the exploits of their ancestors in the Battle of Kosovo even though it ended in a heavy defeat. This formed the national mentality of staunchness and taught the elite to lead the people to future victories. So, in spite of all trials, the Serbian state survived.
The Polish have used the Katyn crime to educate more than one of their generations and to seek historical justice – first of all, in courts. And, while nobody in Russia wants to investigate the crimes of the Stalinist regime because the Russian authorities subconsciously consider themselves its successor, things are different in Poland. The Katyn case is not only important for concrete relatives of the innocently killed officers but it is also a way to finally break with the totalitarian past and improve the entire public atmosphere. It is equally important for the Polish authorities themselves, for this kind of legal proceedings is the most reliable antidote to the likely repetition of the horrors of the past and against the attempts to abuse power – no matter whether by the Stalinist regime in the USSR or its Polish henchmen on the banks of the Vistula and the Oder. The heroes of uprisings inspired Poles to repel the Red Army offensive and win the Battle of Warsaw in 1920. Even the “ironclad” Felix Dzerzhinsky had to admit that nothing could be done with Polish self-awareness. He himself endured this, running away from the Polish capital with the retreating armies of Tukhachevsky and Budyonny.
The ruling of the European Court in the Katyn case and the Yurii Lutsenko hearings coincided in time. The prospective ombudswoman Valeria Lutkovska in fact performed the function of a prosecutor. Contrary to the obvious facts and witness evidence recorded in the case proceedings, she claimed that Lutsenko had exerted pressure on them by way of press comments. Does Lutkovska, a lawyer by profession, not know that, before a sentence has been passed, everybody is considered innocent and nobody can restrict their right to make comments in the press? All the more so that witnesses said about pressure on the part of the investigators and denied any similar actions on the part of Lutsenko.
What does this mean? The point is not only in the fact that some degree-holding jurists, who defend the authorities, do not have even an inch of legal culture. What is much more important, the current ruling Ukrainian elite have no feeling of national identity. They have in fact remained Soviet. They do not care about this country and its future. They go on living by the predatory instinct of grabbing all they can lay their hands on. They are indifferent to the tragic and heroic pages of this country’s history. Recent and bygone events do not matter to them. The tragedy of today’s Ukraine is not even in that the country and people are being plundered, although it is terrible, but in that power belongs to mindless zombies.
How can these people, who are ready to openly break the law for the sake of being in power and flout all the legal, moral, and common human standards, defend this country – in the broadest meaning of the word? The world-renowned doctors assert that Yulia Tymoshenko is too ill to stand trial, while the Party of Regions MP Vadym Kolesnichenko believes, contrary to the expert opinion, that it is just a loophole and the convict is well. German doctors cannot convince him. It is just the situation, when white is called black and vice versa – depending on personal gain and political expediency.
The logic of the Katyn claimants is clear. By all accounts, all they want is the truth and justice – even after 70 years. Besides, the statute of limitations is not applicable to war crimes.
It is impossible to follow the logic of the Ukrainian authorities for the simple reason that it does not exist. It turns out that only one thing matters: Tymoshenko and Lutsenko should be barred from the elections and that’s that.
This raises quite a natural question of the authorities’ responsibility – from a purely juridical, not political, angle. The European Court is very likely to hand down a ruling in favor of Lutsenko and then Tymoshenko. Who will be held responsible for the breach of law, for the question is not only about the perpetrators but also about guaranteeing the rights and freedoms. This amounts to violating the Constitution. The impression is that the Fundamental Law is being violated deliberately. But this will make, sooner or later, the topmost governmental officials face legal consequences.
One more point. Juridical illegality is a strong consolidating factor. The feeling of being robbed of justice inspires the Poles in the Katyn case, adds strength and perseverance to them.
This feeling is certain to awaken among the Ukrainians, too. This element, which helps shape national identity and honor, will lead Ukraine to Europe, while all that hinders this progressive motion will be thrown away. This kind of tectonic shift may have ruinous political consequences for some political forces no matter what efforts they make to slow down this process.
I would strongly advise those who mastermind and direct governmental actions to look at our western and eastern neighbors. In Russia, the United Russia party, which has long been branded as a party of thieves and frauds, is suffering one defeat after another in the local elections. Putin’s much-hyped vertical chain of power is bursting at the seams and shaking. And it is just the beginning.
A civil society has already been formed in Poland, while it is making the first steps in Russia. Ukraine is in no way worse, all the more so that we took the first step in 2004-05. Will the powers that be have enough brains to assess the situation and draw conclusions before it is too late? Unfortunately, there is almost no hope left after the Strasbourg hearings.
