Holokausto teisingumas ir restitucija Lietuvoje atkūrus nepriklausomybę: (1990 - 2003)
Gespeichert in:
| 1. Verfasser: | |
|---|---|
| Format: | Buch |
| Sprache: | Lithuanian |
| Veröffentlicht: |
Vilnius
Lietuvos Teisės Univ.
2003
|
| Schlagworte: | |
| Online-Zugang: | Inhaltsverzeichnis Abstract |
| Beschreibung: | Zsfassung in engl. Sprache u.d.T: Holocaust justice and restitution in Lithuania after regaining the independence |
| Beschreibung: | 259 S. 22 cm |
| ISBN: | 9955563427 |
Internformat
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| 338 | |b nc |2 rdacarrier | ||
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Datensatz im Suchindex
| _version_ | 1820595759935913984 |
|---|---|
| adam_text |
TURINYS
Pratarmè
.4
I dalis. TEISINGUMAS
.7
1.
Reabilitacijos
ir dereabilitacijos
.7
Skubi reabilitacija
.9
Nenumaldoma
fakti}
jèga
.16
X dereabilitacija
.24
Sarasai
.29
Dereabilitacijos „mechanizmas"
.33
Dereabilitacija
.35
2.
Каїр
nuteisti be
[kalciii?
.37
Nepatikimiskaičiai.
38
Sugrjžéliai
.47
Каїр
nuteisti
be patikimij
ikalčřq?.
52
Kuo
nusikalto A. Lileikis?
.58
К.
Gimžausko byla
-
pirmasis nepriklausomos
Lietuvos
teismo nuosprendis
žydij genocido dalyviui
.73
12-ojo policijos
bataliono leitenanto mirtis
Edinburge nutrauké jo ekstradicijos byla
.76
Rezultatai ir
perspektyvos
.78
Tautos
balsas
.94
Π
dalis. RESTITUCIJA
.99
1.
Kas pavogta
-
turi
buti
gražinta
.99
Kai
kurie žydij restitucijos anapus „geležines uždangos" štrichai
.99
Restitucijos logika: kas buvo pagrobta
ir
pavogta,
turi
buti
gražinta
. 106
2.
Žydij restitucija Ryti}
ir Vidurio
Europoje žlugus komunizmui
.123
3.
Restitucija Lietuvoje
.152
„Mes negalime
atleisti lietuviams"
.152
Nepriklausoma Lietuva galéjo
sau
leisti tik
ribotą
restitucija
.158
„Mes
irgi nesiruošiame tyléti"
.161
Praktinès
žydq bendruomeniij
turto
restitucijos eiga
.167
Kas
yra
tikrasis Lietuvos žydij bendruomeniu.
turto
paveldètojas
ir perémèjas?
.171
Lietuvos laukia dar viena didelio masto restitucija
.183
Kodèl
tik žydams?.
187
Kaip suformuhioti
jstatymą?
.198
Toros
.203
JÍVO archyvai
-
restitucinis
kompromisas.
211
Atkaklíoji
R. Epšteín-Paul sugebéjo atsiimti nuosavybe
.217
Priedai
.224
Summary
.244
Literatura.
252
HOLOKAUSTOTEISINGUMAS IR RESTITUCIJA LIETUVOJE
ATKŰRUS
NEPRIKLAUSOMYBĘ
(1990-2003) 244
Rimgaudas
Geleževičius
Holocaust
Justice
and Restitution in Lithuania after
Regaining the Independence
(1990-2003)
Summary
Lithuanians and Jews have been living together for more than six
centuries. Though if considering everything this long lasting
neighborhood experience is, surely, positive, it is still impossible not to
see that during the last fifty years the mutual relationships of these two
nations have been poisoned by a certain tension and problems, the
roots of which underlie in the horrible tragedy that struck Jewish nation
in the years of the Second World War. Almost the whole community of
Lithuanian Jews, litvaks, which united approximately
230-240
members
in
1939,
perished in the flames of this nationwide murder Holocaust.
According to the soviet 'friendly nations' model Jews and Lithua¬
nians were just two 'USSR sister countries' after the World War II thus
the hostility between Jews and Lithuanians' wasn't eliminated even when
the Holocaust theme was a taboo during the post war period. Two
generations were raised, which didn't know anything real about the
massacre in
1941-1944.
Even after the regained independence (in
1990)
the Nazi collaborates involvement in the Jewish neighbours' annihilation
and its scale wasn't officially evaluated in Lithuania or from international
Jewish organizations' standpoint. There were many reproaches for our
country not only because there was no persecution of those involved in
genocide, but also the approach of the rehabilitation process wasn't
taken seriously dealing with individuals who were involved in such a
crime. Eventually the confiscated Jewish property, during the years of
occupation, restitution question has been raised more energetically and
intensively.
245
summary
The search for political solutions of issues mentioned above:
(1)
groundless rehabilitations and de-rehabilitations of war criminals;
(2)
the persecution of genocide and war suspected criminals and
(3)
Jewish
property restitution make up a content of the "The Holocaust Justice
and the Holocaust restitution in Lithuania after regaining' the
independence
(1990-2003) "
book.
The processes are pretty complicated and evoke contradictory
evaluation, which have intricate history and they are still continuing
(except maybe the first one
-
cancelling the order of groundless expunge
previous Holocaust convictions and involvement in other war crime
abolition). Interesting to note that these issues: rehabilitation,
persecution of suspects involved in genocide, and restitution were
brought on separate waves. The discussions would reach political peak
at different times though they were discussed at the same time. When
the rehabilitation and de-rehabilitation campaign have calmed down
the next discussions reached their peak. They were about real or supposed
reluctance of active Lithuanian low system's participation in genocide
crime persecution process, claiming offenders from different countries
or judging the main suspects Aleksandras Lileikis and Kazys
Gimžauskas.
Later when accusations that Lithuania doesn't want to bring justice
calmed down the clock stroke for Jewish property and its holy
manuscripts
-
Torah
-
restitution.
The book analyses:
1)
The problem of groundless rehabilitation and de-rehabilitation
process for Lithuanian citizens who were involved in Jewish genocide
and war crimes became top discussion occupying almost all decade after
the independence. The law was passed two month later, after Lithuania's
dropping out the USSR in
1990
may
2nd:
"as for rehabilitation of
individuals subjected to repressions because of opposition against
occupation". It was conducted hasty and during
1-1,5
years period
50
000
victims of occupation regime repression were rehabilitated.
Nevertheless most of the rehabilitations were correct a legal spoilage
was detected in the short run. The facts of groundless rehabilitation of
individuals who stood in the trial for committing Jewish genocide came
up to the front. The S.
Wiesenthal
centre has got already
11
cases in
17. 3780
HOLOKAUSTOTEISINGUMAS IR
RESTITUCI
JA LIETUVOJE ATKÜRUS
NEPRIKLAUSOMYBĘ
(1990-2003) 246
the summer of
1991
of rehabilitated suspects under Lithuania's laws
but who were put on trial under Soviet regime for the involvement in
genocide. After the publication in The New York Times in
1991/09/05
world wide attention of public opinion was drawn to Lithuanian
government which (as it was stated in the article) rehabilitates thousands
of individuals who were put on trial as Nazi criminals. Shortly after, the
7
members of American Congress wrote a letter to the greatest at that
time officer of the state
V. Landsbergis.
The letter urged Lithuanian
government to cooperate with the USA Ministry of Justice while
collecting evidences about the war crimes committed by Baltic citizens.
After a while Lithuania recognized that some rehabilitations were
groundless and were given to individuals who were involved in.the
Holocaust.
It took several years to de-rehabilitate unjust rehabilitations.
Preparing for the Lithuanian President's visit to Israel in the beginning
of
1995
direct moves were made. The president A. Brazauskas has met
the Jewish delegation in
1995/02/03.
Conversation and unofficial
agreements had huge impact solving issues cancelling groundless
rehabilitation of those involved in the Holocaust. The delegation handed
in a list of, in their opinion,
58
illegally rehabilitated individuals. Later
the list became longer till
59
names in it, then it added up to
79
and in
the end it included
168
names of the suspects.
The president of Lithuania initiated the change of particular laws
that opened legal way to abolish groundless rehabilitations in
1995.
There was real de-rehabilitation process in the end of
1997.
It took
several years for the prosecutor General and Lithuanian citizens
genocide and resistance centre to find and check all
168
individual
criminal cases from "the list". More than a hundred convicted by various
soviet organs were de-rehabilitated according to the
2002
data. At the
moment the problem of illegal rehabilitation process of Lithuanians
who were involved in the Holocaust is fading out.
2)
The book also discusses how Lithuanian justice organs were
persecuting Lithuanians Nazi collaborates
-
participants in Jewish
massacre in the first part. Not a single person was left unmasked in the
independent Lithuania whom justice system wouldn't know and who
247
summary
was put on trial before as a participant of the Holocaust in the Soviet
times. Most of them were punished during Soviet times. There were
179
people shot in
1944-1947
and
40
more shot in
1956-1969
who were
charged for Jewish genocide. Besides, according to some sources more
than a thousand individuals were put in jail for an extended period
charged for the crime.
Of course, part of the suspects hiding few biographical facts found
a refuge in the western countries. According to the Prosecutor General
office in Lithuania there were
134
suspected participants of Lithuanian
Jews massacre living outside the country: USA
- 76,
Canada
- 42,
Australia
- 10
and Great Britain
— 6.
Eventually, some of them came
back to Lithuania; there are deportation and deprived citizenship cases
brought to courts as well. The pressure was put on Lithuanian
government to demand some of individuals, and especially A. Lileikis
extradition. Lithuanian president on December 15th
1995
have received
a letter from
49
USA Congress members demanding A. Lileikis
extradition. However, Lithuania didn't take any step towards it. The
country have explained that the extradition contract signed in
1924
cannot serve as a legal basis to hand individuals charged for the
genocide, simply because genocide as a crime isn't described in it.
Nevertheless after few years lasting perplexity
2
Lithuanians
-
Aleksandras Lileikis and Kazys
Gimžauskas
came back home and ended
up in the dock. Both cases received a huge international attention and
especially A. Lileikis case. Basically A. Lileikis wasn't able to sit on in
court due to his health conditions. The criminal code legal proceedings
were modified in 20OO that allowed putting on court genocide and war
criminals even if due to their health conditions they are not present in
the courtroom. Defendant was able to testify when asked and participate
in other court proceedings using particular equipment in the residence.
According to the law it has to have audiovisual connection with the
courtroom. In this case Lithuania got so far as no other country while
modifying legal prerequisites to put criminals against humanity on trial.
In spite of that, carrying out justice was hindered by A. Lileikis death
on September 26th 2O00.
The court in independent Lithuania was able to convict only
1
HOLOKAUSTO TEISINGUMAS
IR RESTITUCI
JA LIETUVOJE ATKURUS
NEPRIKLAUSOMYBĘ
(1990-2003) 248
citizen,
K. Gimžauskas,
as a participant in Jews genocide. The verdict
of guilty was brought in on February 15th in
2001.
However due to the
progressing psychical disease, which means inability to understand own
movements and sayings,
93
years old convict wasn't able to conduct
punishment and was given to relatives' guardianship. This is important
that in
2001
Vilnius
2nd
administration court has inflicted the measure
of suppression arrest to suspect for the committed genocide crimes in
Lithuania. He was a
85
years old
A. Gecevičius
(Gecas), at the time
resident in the UK. In the same year on the 25th of March, Gintautas
Bartkus, Minister of Justice has signed a formal extradition request for
the UK government. The hopes fail to call Gecas to the account for the
crimes when the news of his death reached Lithuania. A. Gecas died on
September 12th
2001
in the Edinburgh city hospital.
Actions of justice in the independent Lithuania were severely
criticized by S.
Wiesenthal
centre and other international organizations
because they failed to put any criminal into jail. However, according to
different sources there are still hundreds of Lithuanian suspects, living
somewhere abroad, who were killing Jews. The hope that one-day they
will end up in the courtroom still burns.
3)
The second and the largest part of the monograph is devoted
to the Jewish property plunder during the Nazi and Soviet occupations.
It is the property of the victims of the Holocaust that doesn't have
inheritors.
Reviewing Jewish property restitution course in other post-
communistic countries (Poland, Check Republic, Slovakia, Hungary,
Rumania, Latvia, Estonia and others) we can see that the action is in
hand all over the countries that took western direction of development
(seeking for the NATO and
EU
integration). Indeed the development
of restitution course differs through country; Check Republic, Slovakia
and Hungary have the precedence in the process.
The Jewish property restitution is an intricate phenomenon.
However, the biggest problems arise when Jewish communal property is
discussed. In spite the small number of Jewish communities in the Middle
Europe, the most influential American and Israel Jewish organizations
seek that communal property, which was taken away during the
249
SUMMARY
occupation, would belong to its original owners. The position is
grounded with several arguments.
Firstly, majority, or all real property holders
-
members of Jewish
communities
-
were wiped off during the genocide. Thus it is honest to
claim that Jewish nation, as the whole would be considered as the
property inherent. Who else if not Jews or their communities by legal
order or by morally comprehended ways inherent the property, which
would help to restore every day living and secure future for the Jews.
Otherwise one more time we would mock the victims of the Holocaust.
Secondly, there is an attempt in Lithuania to divide property
into the one that has sacred value/purpose from the communal property
giving back the first one but not the other one. However, Jewish
communities and other organizations disagree with that kind of logic.
They assert, that one of the Judaism peculiarities is that Jewish
communities' secular and religious worlds interlace resiliently so the
legal division between property used for religious and non-religious
purposes is impossible. Seizing this opportunity the attempt to broaden
national Jewish property restitution limits include return of the saunas,
orphanages, hospitals, schools and etc. which according to the other
confessions are not reckoned among the religious restitution objects.
In other words, Jews seek that the term 'Judaic religious property' in
the Middle and Eastern Europe would be interpreted and embrace in
the essence of all property that belonged to this nation before.
4)
Constitutional regulations that consolidate the right for the
private property were brought back into independent Lithuanian legal
system after the half of age gap. The special laws were passed that
regulate continuous property rights in Lithuania. The limited restitution
was established taking into the account the nature of property rights
violation during the mass occupation regime, newly formulated legal
property relations, and other objective circumstances. That means that
property rights are rehabilitated not for everyone and not all of the
property owned before.
The execution of religious communal property restitution began
according to the law passed on February 14th in
1990
(still under soviet
regime) that says "return of chapels and other buildings to religious
HOLOKAUSTO
TEISINGUMÄS
IR RESTITUCI
JA LIETUVOJE ATKÜRUS
NEPRIKLAUSOMYBĘ
(1990-2003) 250
communities". The process was extended with the first passed law "for
the rehabilitation of the property rights for religious communities" on
the 21st of March
1995.
According to this law property rights
rehabilitation is given to the religious communities, which existed (or
are newly re-established) till the 21st of July
1940
or became the successors
of the religious communities. Property is either restored in kind or the
state redeems it. According to these laws Jewish communities in various
towns of Lithuania (Vilnius, Kaunas,
Telšiai, Alanta,
Seirijai, Veisijai,
Linkuva etc) got back
28
buildings, mostly synagogues and chapels during
the
1992-2002
years. More of the property return is planed for the
future.
The Jewish property restitution is complicated in Lithuania
because of the conflict between the observant and non-observant Jewish
communities. The most persistence to property restitution comes from
Kaunas religious Jewish community. The essence of the conflict is that
Lithuanian laws do not foresee restitution of social property, thus
4000
Jews unifying Lithuanian Jewish community seems to be left aside. Mean
while religious communities using various methods such as bringing
cases to the courts, have been able to got back most of the property.
Nevertheless, the further Jewish property restitution plans
Lithuanian government binds with the observant Lithuanian Jewish
community thought it will require respected law modifications. The
members of the American Jewish Committee, the World Jewish
Restitution Organization, B'nai B'rith and Lithuanian Jewish community
have established International Lithuanian Jews communal property
restitution committee, coordinated by Rabbi Andrew Baker. The
committee has established connections with the Jewish property
restitution negotiators group within Lithuanian government. The list
of non-receded Jewish communal properties is being compiled at the
moment, which includes
1100
to
100
items taking into the account
various projects.
It is difficult to say when real restitution of such property will
begin. There are no summarized facts about the Jewish pre-war property
in the archives of Lithuania. The continuous process await of checking
the lists of receded properties, asserting previous and current owners,
251
SUMMARY
who lives there, what kind of companies are situated there and etc. The
information is scattered in various archive funds and even among funds
in social organizations and government institutions. In order to imagine
nearly full picture of the situation we would have to look through nearly
I
million cases without the guarantee to get satisfying result.
However, there are few restitutional or at least that have some
restitutional nuance projects going on in the independent Lithuania.
The most significant and controversial giveaway to various Jewish
organizations was a huge amount of preserved Torahs from the pre-war
synagogues in Lithuania. Even the new law was passed to allow Torahs,
which make up an integral part of Lithuanian culture heritage, to be
permanently taken away from the State and be given to various Jewish
religious communities. Noteworthy is the satisfying solution found for
both parties, even the question of Jewish science institute, JIVO, archive,
which fevered political passions was solved.
5)
"I have travelled many places in the world but haven't find
another European country that has done more than Lithuania solving
the issues from the past.
.
The progress is enormous and very important.
Country citizens and Lithuanian government itself has the right to be
proud of what has been done"
.
These are the words spoken by competent
and interested man, Mr. S.
Eizenstat,
the former USA Ambassador for
EU
countries and special American envoy to the Middle and Eastern
Europe for the property restitution questions, Though maybe it is too
early to state with the confidence that Lithuania has fully thrown down
the burden from its shoulders during the last decade of independence.
The weight of issue, which comes from the consequences and
circumstances when Jewish nation was destroyed during the World War
II in Lithuania, requires extraordinarily complicated and difficult
judgments and solutions to come up with. |
| adam_txt |
TURINYS
Pratarmè
.4
I dalis. TEISINGUMAS
.7
1.
Reabilitacijos
ir dereabilitacijos
.7
Skubi reabilitacija
.9
Nenumaldoma
fakti}
jèga
.16
X dereabilitacija
.24
Sarasai
.29
Dereabilitacijos „mechanizmas"
.33
Dereabilitacija
.35
2.
Каїр
nuteisti be
[kalciii?
.37
Nepatikimiskaičiai.
38
Sugrjžéliai
.47
Каїр
nuteisti
be patikimij
ikalčřq?.
52
Kuo
nusikalto A. Lileikis?
.58
К.
Gimžausko byla
-
pirmasis nepriklausomos
Lietuvos
teismo nuosprendis
žydij genocido dalyviui
.73
12-ojo policijos
bataliono leitenanto mirtis
Edinburge nutrauké jo ekstradicijos byla
.76
Rezultatai ir
perspektyvos
.78
Tautos
balsas
.94
Π
dalis. RESTITUCIJA
.99
1.
Kas pavogta
-
turi
buti
gražinta
.99
Kai
kurie žydij restitucijos anapus „geležines uždangos" štrichai
.99
Restitucijos logika: kas buvo pagrobta
ir
pavogta,
turi
buti
gražinta
. 106
2.
Žydij restitucija Ryti}
ir Vidurio
Europoje žlugus komunizmui
.123
3.
Restitucija Lietuvoje
.152
„Mes negalime
atleisti lietuviams"
.152
Nepriklausoma Lietuva galéjo
sau
leisti tik
ribotą
restitucija
.158
„Mes
irgi nesiruošiame tyléti"
.161
Praktinès
žydq bendruomeniij
turto
restitucijos eiga
.167
Kas
yra
tikrasis Lietuvos žydij bendruomeniu.
turto
paveldètojas
ir perémèjas?
.171
Lietuvos laukia dar viena didelio masto restitucija
.183
Kodèl
tik žydams?.
187
Kaip suformuhioti
jstatymą?
.198
Toros
.203
JÍVO archyvai
-
restitucinis
kompromisas.
211
Atkaklíoji
R. Epšteín-Paul sugebéjo atsiimti nuosavybe
.217
Priedai
.224
Summary
.244
Literatura.
252
HOLOKAUSTOTEISINGUMAS IR RESTITUCIJA LIETUVOJE
ATKŰRUS
NEPRIKLAUSOMYBĘ
(1990-2003) 244
Rimgaudas
Geleževičius
Holocaust
Justice
and Restitution in Lithuania after
Regaining the Independence
(1990-2003)
Summary
Lithuanians and Jews have been living together for more than six
centuries. Though if considering everything this long lasting
neighborhood experience is, surely, positive, it is still impossible not to
see that during the last fifty years the mutual relationships of these two
nations have been poisoned by a certain tension and problems, the
roots of which underlie in the horrible tragedy that struck Jewish nation
in the years of the Second World War. Almost the whole community of
Lithuanian Jews, litvaks, which united approximately
230-240
members
in
1939,
perished in the flames of this nationwide murder Holocaust.
According to the soviet 'friendly nations' model Jews and Lithua¬
nians were just two 'USSR sister countries' after the World War II thus
the hostility between Jews and Lithuanians' wasn't eliminated even when
the Holocaust theme was a taboo during the post war period. Two
generations were raised, which didn't know anything real about the
massacre in
1941-1944.
Even after the regained independence (in
1990)
the Nazi collaborates involvement in the Jewish neighbours' annihilation
and its scale wasn't officially evaluated in Lithuania or from international
Jewish organizations' standpoint. There were many reproaches for our
country not only because there was no persecution of those involved in
genocide, but also the approach of the rehabilitation process wasn't
taken seriously dealing with individuals who were involved in such a
crime. Eventually the confiscated Jewish property, during the years of
occupation, restitution question has been raised more energetically and
intensively.
245
summary
The search for political solutions of issues mentioned above:
(1)
groundless rehabilitations and de-rehabilitations of war criminals;
(2)
the persecution of genocide and war suspected criminals and
(3)
Jewish
property restitution make up a content of the "The Holocaust Justice
and the Holocaust restitution in Lithuania after regaining' the
independence
(1990-2003) "
book.
The processes are pretty complicated and evoke contradictory
evaluation, which have intricate history and they are still continuing
(except maybe the first one
-
cancelling the order of groundless expunge
previous Holocaust convictions and involvement in other war crime
abolition). Interesting to note that these issues: rehabilitation,
persecution of suspects involved in genocide, and restitution were
brought on separate waves. The discussions would reach political peak
at different times though they were discussed at the same time. When
the rehabilitation and de-rehabilitation campaign have calmed down
the next discussions reached their peak. They were about real or supposed
reluctance of active Lithuanian low system's participation in genocide
crime persecution process, claiming offenders from different countries
or judging the main suspects Aleksandras Lileikis and Kazys
Gimžauskas.
Later when accusations that Lithuania doesn't want to bring justice
calmed down the clock stroke for Jewish property and its holy
manuscripts
-
Torah
-
restitution.
The book analyses:
1)
The problem of groundless rehabilitation and de-rehabilitation
process for Lithuanian citizens who were involved in Jewish genocide
and war crimes became top discussion occupying almost all decade after
the independence. The law was passed two month later, after Lithuania's
dropping out the USSR in
1990
may
2nd:
"as for rehabilitation of
individuals subjected to repressions because of opposition against
occupation". It was conducted hasty and during
1-1,5
years period
50
000
victims of occupation regime repression were rehabilitated.
Nevertheless most of the rehabilitations were correct a legal spoilage
was detected in the short run. The facts of groundless rehabilitation of
individuals who stood in the trial for committing Jewish genocide came
up to the front. The S.
Wiesenthal
centre has got already
11
cases in
17. 3780
HOLOKAUSTOTEISINGUMAS IR
RESTITUCI
JA LIETUVOJE ATKÜRUS
NEPRIKLAUSOMYBĘ
(1990-2003) 246
the summer of
1991
of rehabilitated suspects under Lithuania's laws
but who were put on trial under Soviet regime for the involvement in
genocide. After the publication in The New York Times in
1991/09/05
world wide attention of public opinion was drawn to Lithuanian
government which (as it was stated in the article) rehabilitates thousands
of individuals who were put on trial as Nazi criminals. Shortly after, the
7
members of American Congress wrote a letter to the greatest at that
time officer of the state
V. Landsbergis.
The letter urged Lithuanian
government to cooperate with the USA Ministry of Justice while
collecting evidences about the war crimes committed by Baltic citizens.
After a while Lithuania recognized that some rehabilitations were
groundless and were given to individuals who were involved in.the
Holocaust.
It took several years to de-rehabilitate unjust rehabilitations.
Preparing for the Lithuanian President's visit to Israel in the beginning
of
1995
direct moves were made. The president A. Brazauskas has met
the Jewish delegation in
1995/02/03.
Conversation and unofficial
agreements had huge impact solving issues cancelling groundless
rehabilitation of those involved in the Holocaust. The delegation handed
in a list of, in their opinion,
58
illegally rehabilitated individuals. Later
the list became longer till
59
names in it, then it added up to
79
and in
the end it included
168
names of the suspects.
The president of Lithuania initiated the change of particular laws
that opened legal way to abolish groundless rehabilitations in
1995.
There was real de-rehabilitation process in the end of
1997.
It took
several years for the prosecutor General and Lithuanian citizens
genocide and resistance centre to find and check all
168
individual
criminal cases from "the list". More than a hundred convicted by various
soviet organs were de-rehabilitated according to the
2002
data. At the
moment the problem of illegal rehabilitation process of Lithuanians
who were involved in the Holocaust is fading out.
2)
The book also discusses how Lithuanian justice organs were
persecuting Lithuanians Nazi collaborates
-
participants in Jewish
massacre in the first part. Not a single person was left unmasked in the
independent Lithuania whom justice system wouldn't know and who
247
summary
was put on trial before as a participant of the Holocaust in the Soviet
times. Most of them were punished during Soviet times. There were
179
people shot in
1944-1947
and
40
more shot in
1956-1969
who were
charged for Jewish genocide. Besides, according to some sources more
than a thousand individuals were put in jail for an extended period
charged for the crime.
Of course, part of the suspects hiding few biographical facts found
a refuge in the western countries. According to the Prosecutor General
office in Lithuania there were
134
suspected participants of Lithuanian
Jews massacre living outside the country: USA
- 76,
Canada
- 42,
Australia
- 10
and Great Britain
— 6.
Eventually, some of them came
back to Lithuania; there are deportation and deprived citizenship cases
brought to courts as well. The pressure was put on Lithuanian
government to demand some of individuals, and especially A. Lileikis
extradition. Lithuanian president on December 15th
1995
have received
a letter from
49
USA Congress members demanding A. Lileikis
extradition. However, Lithuania didn't take any step towards it. The
country have explained that the extradition contract signed in
1924
cannot serve as a legal basis to hand individuals charged for the
genocide, simply because genocide as a crime isn't described in it.
Nevertheless after few years lasting perplexity
2
Lithuanians
-
Aleksandras Lileikis and Kazys
Gimžauskas
came back home and ended
up in the dock. Both cases received a huge international attention and
especially A. Lileikis case. Basically A. Lileikis wasn't able to sit on in
court due to his health conditions. The criminal code legal proceedings
were modified in 20OO that allowed putting on court genocide and war
criminals even if due to their health conditions they are not present in
the courtroom. Defendant was able to testify when asked and participate
in other court proceedings using particular equipment in the residence.
According to the law it has to have audiovisual connection with the
courtroom. In this case Lithuania got so far as no other country while
modifying legal prerequisites to put criminals against humanity on trial.
In spite of that, carrying out justice was hindered by A. Lileikis death
on September 26th 2O00.
The court in independent Lithuania was able to convict only
1
HOLOKAUSTO TEISINGUMAS
IR RESTITUCI
JA LIETUVOJE ATKURUS
NEPRIKLAUSOMYBĘ
(1990-2003) 248
citizen,
K. Gimžauskas,
as a participant in Jews genocide. The verdict
of guilty was brought in on February 15th in
2001.
However due to the
progressing psychical disease, which means inability to understand own
movements and sayings,
93
years old convict wasn't able to conduct
punishment and was given to relatives' guardianship. This is important
that in
2001
Vilnius
2nd
administration court has inflicted the measure
of suppression arrest to suspect for the committed genocide crimes in
Lithuania. He was a
85
years old
A. Gecevičius
(Gecas), at the time
resident in the UK. In the same year on the 25th of March, Gintautas
Bartkus, Minister of Justice has signed a formal extradition request for
the UK government. The hopes fail to call Gecas to the account for the
crimes when the news of his death reached Lithuania. A. Gecas died on
September 12th
2001
in the Edinburgh city hospital.
Actions of justice in the independent Lithuania were severely
criticized by S.
Wiesenthal
centre and other international organizations
because they failed to put any criminal into jail. However, according to
different sources there are still hundreds of Lithuanian suspects, living
somewhere abroad, who were killing Jews. The hope that one-day they
will end up in the courtroom still burns.
3)
The second and the largest part of the monograph is devoted
to the Jewish property plunder during the Nazi and Soviet occupations.
It is the property of the victims of the Holocaust that doesn't have
inheritors.
Reviewing Jewish property restitution course in other post-
communistic countries (Poland, Check Republic, Slovakia, Hungary,
Rumania, Latvia, Estonia and others) we can see that the action is in
hand all over the countries that took western direction of development
(seeking for the NATO and
EU
integration). Indeed the development
of restitution course differs through country; Check Republic, Slovakia
and Hungary have the precedence in the process.
The Jewish property restitution is an intricate phenomenon.
However, the biggest problems arise when Jewish communal property is
discussed. In spite the small number of Jewish communities in the Middle
Europe, the most influential American and Israel Jewish organizations
seek that communal property, which was taken away during the
249
SUMMARY
occupation, would belong to its original owners. The position is
grounded with several arguments.
Firstly, majority, or all real property holders
-
members of Jewish
communities
-
were wiped off during the genocide. Thus it is honest to
claim that Jewish nation, as the whole would be considered as the
property inherent. Who else if not Jews or their communities by legal
order or by morally comprehended ways inherent the property, which
would help to restore every day living and secure future for the Jews.
Otherwise one more time we would mock the victims of the Holocaust.
Secondly, there is an attempt in Lithuania to divide property
into the one that has sacred value/purpose from the communal property
giving back the first one but not the other one. However, Jewish
communities and other organizations disagree with that kind of logic.
They assert, that one of the Judaism peculiarities is that Jewish
communities' secular and religious worlds interlace resiliently so the
legal division between property used for religious and non-religious
purposes is impossible. Seizing this opportunity the attempt to broaden
national Jewish property restitution limits include return of the saunas,
orphanages, hospitals, schools and etc. which according to the other
confessions are not reckoned among the religious restitution objects.
In other words, Jews seek that the term 'Judaic religious property' in
the Middle and Eastern Europe would be interpreted and embrace in
the essence of all property that belonged to this nation before.
4)
Constitutional regulations that consolidate the right for the
private property were brought back into independent Lithuanian legal
system after the half of age gap. The special laws were passed that
regulate continuous property rights in Lithuania. The limited restitution
was established taking into the account the nature of property rights
violation during the mass occupation regime, newly formulated legal
property relations, and other objective circumstances. That means that
property rights are rehabilitated not for everyone and not all of the
property owned before.
The execution of religious communal property restitution began
according to the law passed on February 14th in
1990
(still under soviet
regime) that says "return of chapels and other buildings to religious
HOLOKAUSTO
TEISINGUMÄS
IR RESTITUCI
JA LIETUVOJE ATKÜRUS
NEPRIKLAUSOMYBĘ
(1990-2003) 250
communities". The process was extended with the first passed law "for
the rehabilitation of the property rights for religious communities" on
the 21st of March
1995.
According to this law property rights
rehabilitation is given to the religious communities, which existed (or
are newly re-established) till the 21st of July
1940
or became the successors
of the religious communities. Property is either restored in kind or the
state redeems it. According to these laws Jewish communities in various
towns of Lithuania (Vilnius, Kaunas,
Telšiai, Alanta,
Seirijai, Veisijai,
Linkuva etc) got back
28
buildings, mostly synagogues and chapels during
the
1992-2002
years. More of the property return is planed for the
future.
The Jewish property restitution is complicated in Lithuania
because of the conflict between the observant and non-observant Jewish
communities. The most persistence to property restitution comes from
Kaunas religious Jewish community. The essence of the conflict is that
Lithuanian laws do not foresee restitution of social property, thus
4000
Jews unifying Lithuanian Jewish community seems to be left aside. Mean
while religious communities using various methods such as bringing
cases to the courts, have been able to got back most of the property.
Nevertheless, the further Jewish property restitution plans
Lithuanian government binds with the observant Lithuanian Jewish
community thought it will require respected law modifications. The
members of the American Jewish Committee, the World Jewish
Restitution Organization, B'nai B'rith and Lithuanian Jewish community
have established International Lithuanian Jews communal property
restitution committee, coordinated by Rabbi Andrew Baker. The
committee has established connections with the Jewish property
restitution negotiators group within Lithuanian government. The list
of non-receded Jewish communal properties is being compiled at the
moment, which includes
1100
to
100
items taking into the account
various projects.
It is difficult to say when real restitution of such property will
begin. There are no summarized facts about the Jewish pre-war property
in the archives of Lithuania. The continuous process await of checking
the lists of receded properties, asserting previous and current owners,
251
SUMMARY
who lives there, what kind of companies are situated there and etc. The
information is scattered in various archive funds and even among funds
in social organizations and government institutions. In order to imagine
nearly full picture of the situation we would have to look through nearly
I
million cases without the guarantee to get satisfying result.
However, there are few restitutional or at least that have some
restitutional nuance projects going on in the independent Lithuania.
The most significant and controversial giveaway to various Jewish
organizations was a huge amount of preserved Torahs from the pre-war
synagogues in Lithuania. Even the new law was passed to allow Torahs,
which make up an integral part of Lithuanian culture heritage, to be
permanently taken away from the State and be given to various Jewish
religious communities. Noteworthy is the satisfying solution found for
both parties, even the question of Jewish science institute, JIVO, archive,
which fevered political passions was solved.
5)
"I have travelled many places in the world but haven't find
another European country that has done more than Lithuania solving
the issues from the past.
.
The progress is enormous and very important.
Country citizens and Lithuanian government itself has the right to be
proud of what has been done"
.
These are the words spoken by competent
and interested man, Mr. S.
Eizenstat,
the former USA Ambassador for
EU
countries and special American envoy to the Middle and Eastern
Europe for the property restitution questions, Though maybe it is too
early to state with the confidence that Lithuania has fully thrown down
the burden from its shoulders during the last decade of independence.
The weight of issue, which comes from the consequences and
circumstances when Jewish nation was destroyed during the World War
II in Lithuania, requires extraordinarily complicated and difficult
judgments and solutions to come up with. |
| any_adam_object | 1 |
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| author | Geleževičius, Rimgaudas |
| author_facet | Geleževičius, Rimgaudas |
| author_role | aut |
| author_sort | Geleževičius, Rimgaudas |
| author_variant | r g rg |
| building | Verbundindex |
| bvnumber | BV022618854 |
| ctrlnum | (OCoLC)260131649 (DE-599)GBV389455121 |
| era | Geschichte 1990-2003 gnd |
| era_facet | Geschichte 1990-2003 |
| format | Book |
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| geographic | Litauen (DE-588)4074266-0 gnd |
| geographic_facet | Litauen |
| id | DE-604.BV022618854 |
| illustrated | Not Illustrated |
| index_date | 2024-07-02T18:19:18Z |
| indexdate | 2025-01-07T13:10:14Z |
| institution | BVB |
| isbn | 9955563427 |
| language | Lithuanian |
| lccn | 004402877 |
| oai_aleph_id | oai:aleph.bib-bvb.de:BVB01-015824946 |
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| physical | 259 S. 22 cm |
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| publishDate | 2003 |
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| publisher | Lietuvos Teisės Univ. |
| record_format | marc |
| spelling | Geleževičius, Rimgaudas Verfasser aut Holokausto teisingumas ir restitucija Lietuvoje atkūrus nepriklausomybę (1990 - 2003) Rimgaudas Geleževičius Vilnius Lietuvos Teisės Univ. 2003 259 S. 22 cm txt rdacontent n rdamedia nc rdacarrier Zsfassung in engl. Sprache u.d.T: Holocaust justice and restitution in Lithuania after regaining the independence Geschichte 1990-2003 gnd rswk-swf Judenvernichtung (DE-588)4073091-8 gnd rswk-swf Entschädigung (DE-588)4014900-6 gnd rswk-swf Rechtsprechung (DE-588)4115710-2 gnd rswk-swf Litauen (DE-588)4074266-0 gnd rswk-swf Litauen (DE-588)4074266-0 g Judenvernichtung (DE-588)4073091-8 s Entschädigung (DE-588)4014900-6 s Rechtsprechung (DE-588)4115710-2 s Geschichte 1990-2003 z DE-604 Digitalisierung BSBMuenchen application/pdf http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=015824946&sequence=000003&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA Inhaltsverzeichnis Digitalisierung BSB Muenchen application/pdf http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=015824946&sequence=000004&line_number=0002&func_code=DB_RECORDS&service_type=MEDIA Abstract |
| spellingShingle | Geleževičius, Rimgaudas Holokausto teisingumas ir restitucija Lietuvoje atkūrus nepriklausomybę (1990 - 2003) Judenvernichtung (DE-588)4073091-8 gnd Entschädigung (DE-588)4014900-6 gnd Rechtsprechung (DE-588)4115710-2 gnd |
| subject_GND | (DE-588)4073091-8 (DE-588)4014900-6 (DE-588)4115710-2 (DE-588)4074266-0 |
| title | Holokausto teisingumas ir restitucija Lietuvoje atkūrus nepriklausomybę (1990 - 2003) |
| title_auth | Holokausto teisingumas ir restitucija Lietuvoje atkūrus nepriklausomybę (1990 - 2003) |
| title_exact_search | Holokausto teisingumas ir restitucija Lietuvoje atkūrus nepriklausomybę (1990 - 2003) |
| title_exact_search_txtP | Holokausto teisingumas ir restitucija Lietuvoje atkūrus nepriklausomybę (1990 - 2003) |
| title_full | Holokausto teisingumas ir restitucija Lietuvoje atkūrus nepriklausomybę (1990 - 2003) Rimgaudas Geleževičius |
| title_fullStr | Holokausto teisingumas ir restitucija Lietuvoje atkūrus nepriklausomybę (1990 - 2003) Rimgaudas Geleževičius |
| title_full_unstemmed | Holokausto teisingumas ir restitucija Lietuvoje atkūrus nepriklausomybę (1990 - 2003) Rimgaudas Geleževičius |
| title_short | Holokausto teisingumas ir restitucija Lietuvoje atkūrus nepriklausomybę |
| title_sort | holokausto teisingumas ir restitucija lietuvoje atkurus nepriklausomybe 1990 2003 |
| title_sub | (1990 - 2003) |
| topic | Judenvernichtung (DE-588)4073091-8 gnd Entschädigung (DE-588)4014900-6 gnd Rechtsprechung (DE-588)4115710-2 gnd |
| topic_facet | Judenvernichtung Entschädigung Rechtsprechung Litauen |
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