Purging the past: The current state of lustration laws in the former Communist bloc

Law and Contemporary Problems

Volumn 59, Issue 4, 1996, Pages 180-196

  Ellis, Mark S ^a  

^a AMERICAN BAR ASSOCIATION   (United States)

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[No Author keywords available]

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EID: 7444266681     PISSN: 00239186     EISSN: None     Source Type: Journal    
DOI: 10.2307/1192198     Document Type: Article

References (110)

1. The word "lustration" is derived from the Latin "lustratio" meaning "put light on, or illuminate; purification by sacrifice or by purging." Jiřina Siklova, Lustration or the Czech Way of Screening, 5 E. EUR. CONST. REV. 57 (Winter 1996).
2. See Paul Goble, Analysis From Washington: Toward Collective Innocence? (May 1996) .
3. The People's Militia was the para-military wing of Czechoslovakia's Communist Party.
4. The law applies to activities carried out in the service of the Party between 1948 and 1989.
5. Jiři Pene, Parliament Passes Controversial Law on Vetting Officials, in 2 TRANSITIONAL JUSTICE: HOW EMERGING DEMOCRACIES RECKON WITH FORMER REGIMES, COUNTRY STUDIES 550-51 (Neal Kritz ed., 1995) [hereinafter 2 TRANSITIONAL JUSTICE].
6. See id. at 553.
7. Between 1983 and 1996, 581 legal actions were brought against the Ministry. See U.S. DEP'T OF STATE, THE CZECH REPUBLIC COUNTRY REPORT ON HUMAN RIGHTS PRACTICES FOR 1996 (Jan. 30, 1997).
8. See 2 TRANSITIONAL JUSTICE, supra note 5, at 534 (editor's introductory note).
9. See Czech Republic: Constitutional Court Decision on the Act on the Illegality of the Communist Regime (Dec. 21, 1993), reprinted in 2 TRANSITIONAL JUSTICE, supra note 5, at 620.
10. Radio Free Europe/Radio Liberty (radio broadcast, Sept. 23, 1997).
11. See Constitution Watch, 5 E. EUR. CONST. REV. 2, 26 (Spring/Summer 1996).
12. See 2 TRANSITIONAL JUSTICE, supra note 5, at 646 (editor's introductory note).
13. See Hungary: Constitutional Court Decision on the Statute of Limitations No. 2086/A/1991/14 (Mar. 5, 1992), reprinted in 2 TRANSITIONAL JUSTICE, supra note 5, at 629.
14. See Law on Background Checks to be Conducted on Individuals Holding Certain Important Positions (Law No. 23) (Mar. 8, 1994), reprinted in 1 TRANSITIONAL JUSTICE, supra note 5, at 418.
15. See 2 TRANSITIONAL JUSTICE, supra note 5, at 646 (editor's introductory note).
16. See Edith Oltay, Hungary's Screening Law, in 2 TRANSITIONAL JUSTICE, supra note 5, at 664.
17. Radio Free Europe/Radio Liberty (radio broadcast, May 12, 1997).
18. Id.
19. Id.
20. Id.
21. Radio Free Europe/Radio Liberty (radio broadcast, June 13, 1997). Another "casualty" of the lustration law, Imre Simon, a Socialist deputy of the national parliament, announced on August 6, 1997 that he would resign his post after a panel of judges reported they had found information that he had collaborated with the communist Secret Service. Id. (Aug. 7, 1997). In August 1997, Jozsef Torgyan, chairman of the Independent Smallholder's Party, was finally exonerated from charges brought against him for complicity in secret agent activities during the communist era.
22. See .
23. U.S. DEP'T OF STATE, ALBANIA COUNTRY REPORT ON HUMAN RIGHTS PRACTICES FOR 1996, at 822 (Jan. 30, 1997) [hereinafter ALBANIA REPORT].
24. See id.
25. See Commission on Security and Cooperation in Europe, Human Rights and Democratization in Europe, in 2 TRANSITIONAL JUSTICE, supra note 5, at 729-34.
26. See Kathleen Imholz, A Landmark Constitutional Court Decision in Albania, in 2 TRANSITIONAL JUSTICE, supra note 5, at 724.
27. Albanian Law on Genocide (unofficial translation on file with author); see also Berisha Speaks on Law on Genocide, Dayton Accord, F.B.I.S. DAILY REPORTE. EUR., Dec. 11, 1995, at 21.
28. See Constitution Watch, supra note 11, at 2;
29. see also Assembly Approves Law Screening Senior Officials, F.B.I.S. DAILY REPORT E. EUR., Dec. 6, 1995 at 1. The screening law has also been translated as "Law on the Control of the Figure of Senior Officials and Other Persons Related to the Defence of the Democratic State."
30. See ALBANIA REPORT, supra note 22, at 816-17.
31. See OMRI Daily Digest (Sept. 26, 1995).
32. See id.
33. The Commission consists of seven representatives: two appointed by the Council of Ministers, and one each appointed by the Minister of Justice, Minister of Defense, Minister of the Interior, National Intelligence Service, and the Parliament. See id. at 4.
34. See Constitution Watch, supra note 11, at 3.
35. See id.
36. See id.
37. Of those banned, 45 were members of the Socialist Party, 23 were Social Democrats, 11 were from the Democratic Alliance, 13 from the Republic Party, 3 from the Democratic Party, and the remaining from minor parties. See Albania Report, supra note 22, at 817.
38. See id.
39. See id.
40. See .
41. See . As of June 9, 1997, Alia's whereabouts, and that of his co-defendants, former interior ministers Simon Stefani and Hekuran Isai, are unknown. See id.
42. See Constitution Watch, 6 E. EUR. CONST. REV. 2 (Winter 1997).
43. See id.
44. See Radio Free Europe/Radio Liberty (radio broadcast, June 11, 1997).
45. See Radio Free Europe/Radio Liberty (radio broadcast, June 16, 1997).
46. See Constitution Watch, supra note 40, at 2.
47. See Radio Free Europe/Radio Liberty (radio broadcast, Sept. 30, 1997).
48. See id.
49. See id.
50. On March 11, 1993, the Bulgarian Supreme Court rejected a lawsuit that sought to declare the BSP illegal. See 2 TRANSITIONAL JUSTICE, supra note 5, at 696.
51. See Józef Darski, Police Agents in the Transition Period, in 2 TRANSITIONAL JUSTICE, supra note 5, at 696.
52. See id. at 697.
53. The Law on Overcoming the Consequences of Communist Rule, the Law on Recommunization in the Sphere of Government, the Public Servants Act, and the Law on Democratization. See 2 TRANSITIONAL JUSTICE, supra note 5, at 698-99.
54. Persons affected were former members of the Politburo, chairs and deputy chairs of the State Council and of the National Assembly, prime ministers and vice-prime ministers, first secretaries and secretaries of district and regional committees of the Communist Party, leaders of the Bulgarian Trade Union, leaders of the Communist Youth League, and lower-level Communist Party officials. See id. at 698.
55. Transitional and Concluding Provisions of the Law for Banks and Credit, OFFICIAL GAZETTE, No. 25, 1992, reprinted in 2 TRANSITIONAL JUSTICE, supra note 5, at 293.
56. Pension Law, OFFICIAL GAZETTE, No. 52, 1992.
57. See id.
58. This included members or candidate members of the Political Bureau or the Secretariat of the Central Committee of the Bulgarian Communist Party ("BCP"); secretaries or members of the regional, city, community, county, or district committees of the BCP; those who held positions before 1989 which were accountable to either the Political Bureau or the Secretariat of the Central Committee of the BCP; those who were staff or voluntary collaborators of the State Security or the Security and Guard Departments; those who were on the teaching and research staff of the Academy for Social Sciences and Social Management and its branches; those who taught History of the Communist Party of the Soviet Union, History of the BCP, Marxist-Leninist Philosophy, Political Economy, Scientific Communism, or Party Building; those who were political officers or deputy commanding political officers or who held positions in the political headquarters of the Armed Forces; and those who have been secretaries or members of party committees of the BCP in the higher schools or academies, or secretaries of the Party organizations of the BCP in the faculties, scientific institutes, and other scientific organizations, or members of personnel commissions under the party committees of the higher schools, academies, or other scientific organizations. See 2 TRANSITIONAL JUSTICE, supra note 5, at 700-01.
59. See Decommunization in Bulgaria, in 2 TRANSITIONAL JUSTICE, supra note 5, at 702-04.
60. See U.S. DEPARTMENT OF STATE, BULGARIA COUNTRY REPORT ON HUMAN RIGHTS PRACTICES FOR 1996, at 879 (Jan. 30, 1997).
61. See News in Brief, CHRISTIAN SCIENCE MONITOR, Apr. 21, 1997, at 2.
62. See Radio Free Europe/Radio Liberty (radio broadcast, July 8, 1997).
63. See id. The bill covers members of parliament, ministers, senior government officials, and high-ranking judges. Those who admit Communist activity before the month deadline will not have their names read out in Parliament and will not be forced to resign their posts. Id.
64. See id.
65. See Radio Free Europe/Radio Liberty (radio broadcast, Aug. 1, 1997). The opposition Socialist Party deputies protested by walking out of the chamber and vowing to contest the law before the Constitutional Court. The UNS (third-largest faction) abstained from the vote. Id.
66. See Radio Free Europe/Radio Liberty (radio broadcast, Aug. 11, 1997).
67. See id.
68. See id.
69. See Radio Free Europe/Radio Liberty (radio broadcast, Sept. 23, 1997).
70. See id.
71. See Radio Free Europe/Radio Liberty (radio broadcast, Sept. 29, 1997).
72. See Decree Banning KGB Employees and Informers from Government Positions (Decree No. 418) (Oct. 12, 1991), reprinted in 2 TRANSITIONAL JUSTICE, supra note 5, at 427.
73. See id.
74. See Law on the Verification of Mandates of those Deputies Accused of Consciously Collaborating with Special Services of Other States (Law No. 1-2115) (Dec. 17, 1991), reprinted in 2 TRANSITIONAL JUSTICE, supra note 5, at 428.
75. See id. at 765.
76. U.S. DEPARTMENT OF STATE, LATVIA COUNTRY REPORT ON HUMAN RIGHTS PRACTICES FOR 1996, at 1009-11 (Jan. 30, 1997) [hereinafter LATVIAN REPORT].
77. See id.
78. Article 69 (Promulgation) reads, "[t]he President of the State shall promulgate laws passed by the Parliament not before the seventh and not later than the twenty-first day after their adoption. If no other term be fixed, the laws shall come into force fourteen days afgter their promulgation." LAT. CONST. Art. 69 (emphasis added).
79. See LATVIAN REPORT, supra note 74.
80. See Constitution Watch, supra note 11, at 14.
81. See id.
82. See Saulius Girnius, .
83. See Peter Zvagulis, .
84. See Saulius Girnius, .
85. See U.S. DEPARTMENT OF STATE, ESTONIAN COUNTRY REPORT ON HUMAN RIGHTS PRACTICES FOR 1996, at 931 (Jan. 30, 1997).
86. See id.
87. For instance, a person who has elementary Estonian language skills or higher education or has performed valuable service to Estonia may be exempt. See id.
88. See id.
89. See Radio Free Europe/Radio Liberty (radio broadcast, May 12, 1997).
90. See Girnius, supra note 82.
91. See id.
92. Radio Free Europe/Radio Liberty (radio broadcast, Aug. 5, 1997).
93. Id.
94. Including the president, ministers, provincial governors, deputies, senators, judges, executive directors of provincial offices, and the heads of public TV, radio, and press agencies. Id. Excluded from the screening procedure will be university presidents, chief editors, managers, and others who were obliged by law to give information to the Communist-era secret police. See News from Poland, Newsletter of the Polish Embassy of the Republic of Poland (May 1997), .
95. See Constitution Watch, supra note 40, at 22. The screening court is composed of 21 judges (7 from the Supreme Court, 7 from the Courts of Appeal, and 7 from provincial courts). Id.
96. See id.
97. See id.
98. See id. Statements found to be false will be published in the official government gazette as well. See id.
99. See .
100. See id.
101. See Draft Law Regarding the Access of Former Communist Officials and Members of Totalitarian Regimes to Public and Political Positions (unofficial translation on file with author).
102. See id.
103. See id.
104. See id.
105. Decree on the Activities of the Communist Party of the Soviet Union and the Communist Party of the Russian Soviet Federated Republic. (No. 169) (Nov. 6, 1991), reprinted in 2 TRANSITIONAL JUSTICE, supra note 5, at 434.
106. See id.
107. See id.
108. OMRI Daily Digest (June 26, 1997).
109. See J.H. Brown, Goodbye (and Good Riddance?) to De-Communization, 4 TRANSITIONS 28 (1997).
110. See id.