Katyn massacre again in Strasbourg

Katyn massacre again in Strasbourg

Posted in the Poland Forum


Kraków, Poland

#1 Feb 12, 2013
The European Court of Human Rights will be holding a Grand Chamber hearing on
13 February 2013 at 9.15 a.m.:

Janowiec and Others v. Russia (application nos. 55508/07 and 29520/09) concerns complaints about the adequacy of the investigation by the Russian authorities into the 1940 Katyń massacre.

After the hearing the Court will begin its deliberations, which will be held in private.

The hearing will start just after 9.00 a.m. Each side - the complainants and the Russia government - will take their position. A representative of the Polish Ministry of Foreign Affairs will take the floor because the Polish governemnt supports the complainants as a third side. After presenting all the positions the judges of the Court will be able to ask questions, to which after a short break the participants of the hearing will be able to aswer.

The European Court has to judge if the Russian authorities, investigating the Katyn massacre, viloated the article 2 of the European Convention on Human Rights (ECHR). The article forbids "intentional deprivation of life" but also demands conducting (which results from the Court judicature) the adequate investigation in the case of a murder.

The Court won't deal with the judgement if Russia bears the blame for the Katyn crime, because this is an obvious historical fact.

The verdict of the Court, which will be passed problaby at the end of the 2013, and will be final. The potential favourable verdict to the Polish side can cause the start of a another investigation in Russia into the Katyn crime and this time the adequate conducting the investigation, and compensation payment for the complainants.

Apart from the Polish government to the proceedings against Russia joined organisations defending humine rights. Amongst them are Amnesty International and Russian "Memorial" but also European Human Rights Advocacy Centre, The Essex Transitional Justice Network, Open Society Justice Initiative and Public International Law and Policy Group. These organisations attatched their own legal opinions.

http://hudoc.echr.coe.int/sites/eng-press/pag... #{%22itemid%22:[%22003-4243875 -5049925%22]}

Kraków, Poland

#2 Feb 12, 2013

Kraków, Poland

#3 Feb 13, 2013
Talking about "Katyn events" in connection with the Katyn crime, as the Russian authorities doing, is offending and unacceptable. It is the same as you would name the Nazis crimes especially Holocaust as "Auschwitz events" said during the Grand Chamber hearing in the European Court of Human Rights in Strasbourg, prof Ireneusz Kaninski.

The Katyn mussacre is a War Crime, which is not subject to the statute of limitations. Already before 1940 the rules of international law forbed murdering of POWs and the trials which were conducted after the WWII confirmed this rule.

He added that the Katyn massacre can be recognized as genocide when we judge it together with the deportations of Poles to Syberia which affected Poles (about 1,5 million of Poles has been deported from Polish territories "Kresy" to the eastern USSR), including the families of the NKVD's victims in 1940 and together with the so-called Polish operation during which over 100 thousand of the USSR's citizens of Polish nationality were murdered. The lawyer reminded that Katyn massacre was recognized as a War Crime which has features of a genocide in the common stance of the Committee on the Russia and the EU Cooperation in the European Parliament of 10 May 2010.

In April 2012 the European Court statet that it cannot judge if the Russian Katyn massacre investigation was adequate. In our opinion - the representatives of the victim's relatives -, in spite of the fact that 70 years has passed since the crime, the Court has sufficient authority, to judge substantially the investigation. The Inter-American Commission on Human Rights which dealt with the crimes which were conducted before the ratification of the Inter-American Convention on Human Rights didn't have such doubts, said Kaminski.

On 16 April 2012 the Court stated in his verdict that to have authority to judge the Russian Katyn massacre investigation, a new element in the investigation would have to appear after the ratification by Russia The European Convention on Human Rights (Russia ratified the Convention in 1998 but the Russian Katyn investigations started in 1990). We belive that there is no need of a new evidence but it is enough the fact that the radical procedural change in the Russian proceedings happened. The Russian authorities converted the people who were murdered in 1940 into the MISSING PEOPLE, whose fade is unknown, even though it’s inconsistent with the historical facts. This is an example of proceedings which reject justice, which are inconsistent with the findings of the investigation, said prof Kaminski.

In his oppinion even if we follow the rule of a new element in the Katyn investigation after 1998, we have such circumstances. In 2004 during lasting the Russian investigation, the Russian prosecutor's office included in the investigation the documents, which were provided by Ukraine authorites in 2002, including the Ukrainian Katyn list, with 3435 surnames of the victims. The Russian authorities deny that these documents could be recognized as a new element of the investigations, but the Polish side is of a different oppinion, said prof Kaminski.

utherSoviet Watch

Martinsville, NJ

#4 Feb 13, 2013
No doubt comrade uther and comrade sunshine will flip out about this anti-Soviet story.

“Been to Polakia...”

Since: Dec 08

Location hidden

#5 Feb 13, 2013
Ape dah jew mongrel wrote:
No doubt comrade uther and comrade sunshine will flip out about this anti-Soviet story.
It is big of you to say, that jewish invention communism, Nazism, soviet'ism and semitism are not the cause of most 20'th century atrocities!

Kraków, Poland

#6 Feb 13, 2013
Here you can watch the Hearing:

Hearing : 13/02/2013 09:15
Grand Chamber: Janowiec and others v. Russia (no. 55508/07, 29520/09)

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