Riga, March 26, 2009
Mr. Githu Muigai
Special Rapporteur on contemporary forms of racism,
racial discrimination, xenophobia and related intolerance
Palais des Nations
CH-1211 Geneva 10
Switzerland
Mr. Torsten Schackel
Acting Secretary of the Committee on the Elimination of Racial Discrimination
Human Rights Treaties Branch
Office of the High Commissioner for Human Rights
UNOG-OHCHR, CH-1211 Geneva 10, Switzerland
UN Resolution Has No Influence upon the Latvian Authorities
On the 18th of December 2008 at the plenary meeting of the 63rd session the UN General Assembly adopted a resolution “Inadmissibility of certain practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance” (Resolution 63/162). In particular, in paragraph 2 it is told that the General Assembly: „Expresses deep concern about the glorification of the Nazi movement and former members of the Waffen SS organization, including … holding public demonstrations in the name of the glorification of the Nazi past, …, as well as by declaring or attempting to declare such members and those who fought against the anti-Hitler coalition … as participants in national liberation movements;”
Nevertheless, on the 16th of March 2009, despite of the prohibition by the Riga City Council confirmed by the court, a traditional march in honour of the Latvian Waffen-SS Legion went through the centre of the capital of Latvia from the main church (Dome Cathedral) to the main monument of the country (Freedom Monument ) without obstacles and under police protection.
1. Background
The news agency LETA in the report for the 16th of March 2008 describes the back story of these events as follows: “The organization “Daugavas Vanagi” /Falcons of the Daugava/ started commemoration of the day of remembrance of legionaries on the 16th of March since 1952. Exactly this day has been chosen because in 1944 on this day there began the battle on the east bank of the Velikaya River (The Pskov Region of Russia – author’s note) at the “93.4” Hill. It was the first combat action, when both divisions of the Latvian Legion – the 15th and the 19th – fought together (as a part of Hitler’s army – author’s note), besides, the only time during the war, under the Latvian command.
In summer 1998 the Saeima /Parliament/ established the 16th of March as the day of remembrance of Latvian soldiers, but after fierce two – year disputes, the deputies admitted mistake and in 2000 the 16th of March was taken off the list of the commemoration days. ”
The disputes go on in Saeima to the present day. For example, on the 24th of April 2008 21 deputies from four parties, presently being a part of the governing coalition of five parties, including the present Minister of Finance Einars Repse, voted in favour for the restoration of the status of the 16th of March as of the day of remembrance (23 –“against”, 30 – abstained).
Further the history of the Legion is described according to the book “History of Latvia – XX Century” written by members of the commission of historians sponsored by the President of Latvia.
On the 23rd of January 1943 the Fuehrer of Germany A. Hitler permitted and at the same time ordered H. Himmler, SS Reichsfuehrer, to create a Latvian Volunteer SS Legion. A corresponding written order of A. Hitler appeared on the 10th of February. H. Himmler on the grounds of this order on the 24th of January united the Latvian guarding squadrons, which were fighting as a part of four SS brigades and gave them a name “Latvian Volunteer SS Legion”. On the 26th of May 1943 H. Himmler issued another order, where pointed out that the Latvian Legion would be a common name of all Latvian subunits as a part of SS and police.
Formation of the police squadrons on a completely volunteer basis began as early as on the 20th of July 1941. They were often used in repressive actions against guerrilla fighters and civilians, guarding of prisons, guarding and extermination of ghetto outside of Latvian territory – in Russia, Belarus, Ukraine and Poland.
Later on the legion used to be replenished on the basis of coercive conscription. Up to 110 thousand people were conscripted into various military formations during the German occupation. About 52 thousand people served in the SS Legion.
The 19th division ended the war in the Kurzeme pocket in the territory of western Latvia and capitulated only on the 8th of May 1945. The 15th division was retreating through Poland to the territory of Germany, and its some separate units distinguished themselves at the defense of Berlin in April 1945.
Marches in honour of the legion have taken place in Riga at least since 1998. In 2005 35 people dressed like the prisoners of Hitler’s concentration camps, hand in hand, for the first time throw themselves in way of the authorized parade of SS supporters. Notwithstanding that the participants of that action maintained only passive resistance to the police all of them were violently detained and brought to the police station. Getting to know each other better in the course of subsequent protracted litigations, they have founded the Latvian Anti-Fascist Committee.
2. Attitude towards anti-fascists
The only detainees “for verification of the identity” at the approach of the marching SS supporters to the Freedom Monument on the 16th of March 2009 appeared to be the three leaders of the Latvian Anti-Fascist Committee – Eduard Goncharov, Josef Koren and Victor Dergunov, member of the Riga City Council. They had all necessary documents, did not initiate any provocative actions and came to the Monument in order to express their protest against glorification of SS. Moreover, at the detention “for verification of the identity” all three men were called by names by the police officers, conveyed to the police station, put through interrogation and personal search, and celled.
57 year - old Victor Dergunov was detained immediately after he had got a blow on the head with a pole of Latvian flag by one of the participants of the march; the latter was not detained.
The Latvian authorities put obstacles in way of the residents of the country and their guests, who wanted to express their anti-fascist position.
In particular, an attempt was taken to disrupt a conference “Future – without Nazism”, organized on the 15th of March in Riga by the Latvian Anti-Fascist Committee, the Latvian Human Rights Committee (member of the International Federation for Human Rights FIDH) and by the party “For Human Rights in a United Latvia” (represented in the European Parliament, Parliament /Saeima/ of Latvia and the biggest municipalities). The conference was also attended by two members of the European Parliament, a member of the Ukrainian Verkhovna Rada /Parliament/, members of the Parliament and local councils of Latvia, who do not share Nazi views, representatives of anti-fascist organizations of Estonia, Poland and Finland.
Nonetheless, the Latvian authorities qualified the conference as a gathering of dangerous radicals, and tried to disrupt it.
In particular, Yevgeni Proshechkin, Chairman of Moscow Anti-Fascist Committee, and Vladimir Simindey, Political Analyst, Editor of an international department of the newspaper “Rossijskie Vesti” were denied entry visas for participation in the conference.
At least 20 citizens and permanent residents of neighboring Estonia, who were going to the conference, were entered into interim “black lists” without explanation of reasons with prohibition to enter Latvia from the 13th to the 17th of March. Most of them were connected with a known incident regarding events of April 2007 in Tallinn (including activists of informal organization “Night Watch”), but acquitted by Estonian courts of the first instance at least.
On the 15th of March at about five kilometers from the Estonian – Latvian border the car with the anti-fascists was stopped in the territory of Latvia by officers of the Border Guards, Police and Office on Citizenship and Migration Affairs. Member of the board of the “Night Watch” Piotr Pushkarny, employee of the press-centre of the organization Larissa Neschadimova, member candidate of the European Parliament Dmitry Klensky, as well as activists of the “Night Watch” Sarkis Tatevosian and Alexander Kornilov were deported from the territory of Latvia.
Citizen of Estonia and of the European Union Dmitry Linter was detained at the Russian – Latvian border in a train Moscow - Riga. After six – hour detention Linter was deported to Russia to a checkpoint “Burachki”. Dmitry was searched twice; his mobile phone and a camera were temporarily confiscated.
Latvian Border Guards and Security Police on the 16th of March blocked for 7 hours the premises of the Latvian Anti-Fascist Committee located in the centre of Riga, where, inter alia, were some guests from Estonia. The presence of member of Saeima, who enjoys the deputy immunity, in the premises put them off breaking in.
At entering the premises there was detained and entered into the “black list” a Russian citizen and a permanent resident of Estonia Andrei Andronov, subsequently deported from the country.
3. Attitude towards SS supporters
On the eve of the march Gundars Daudze, speaker of the Latvian Parliament, expressed his regret for the necessity of formal prohibition of the event. Valdis Zatlers, the President of the country, met the leader of the organization, which requested for the march – “Daugavas Vanagi” Juris Avgusts immediately after the prohibition of the march – between the meetings with the Parliament speaker and the Prime Minister.
Commemorative arrangements took place on the 16th of March also in Lestene, where on the 6th of November 2000 there was unveiled a memorial complex in honour of legionaries. The tribute to the memory of the legionaries was paid also by seven deputies of the Saeima, who represented 4 of 5 parties of the governing coalition, one deputy of the European Parliament and two retired admirals.
4. Statutory Regulations
4.1. High ranking officials of the country on repeated occasions (for the last time – immediately after the events of the 16th March) affirmed that their attitude towards the Communist and Nazi regimes is symmetric. In reality some of the effective statutory regulations drop a hint of doubt in that.
4.2. On the 29th of October 1998 the Saeima adopted a declaration “On Latvian Legionaries in the Second World War”.
In particular, it is said in the Declaration that “the objective of the soldiers conscripted and volunteered into the Legion was the defence of Latvia against restoration of the Stalinist regime. They had never participated in Hitler’s punitive actions against civilians. The Latvian Legion fought… not against the Anti-Hitler coalition, but just against its one country – the USSR, which to … Latvia was an aggressor”.
In these lines, which contain the elements of lie (refer to Cl.1, specifically references 7 and 10), the Legion, inter alia, is evidently set equal to a national liberation movement.
This document also contains the order to the government of Latvia “to take care of prevention of assault of honour and dignity of Latvian soldiers in Latvia and abroad”, as the authorities did in the cases described in Cl.2.
The Saeima has twice (23.03.2006, 15.03.2007) voted down a declaration drafted by the members of the Parliament from the party “For Human Rights in a United Latvia” “On exclusion of justification of crimes of the Nazi regime, glorification of persons, who fought on the side of Nazi, and attempts of revival of Nazism”. The declaration was drafted in full compliance with similar resolutions of the UN General Assembly, contained corresponding references, and provided for, in particular, acknowledgement of the Declaration “On Latvian Legionaries in the Second World War” as null and void.
4.3. The best part of the veterans, who fought on the side of Hitler, receives benefits under two legislative acts – law “On the Determination of the Status of Politically Repressed Persons Suffered During the Communist and Nazi Regimes” of 12th April 1995 (as suffered during the Communist Regime) and law “On the Status of Participants in the National Liberation Movement” of 25th April 1996.
The subjects of the first law, under which the majority of the Legion soldiers come as “the persons suffered during the Communist Regime”, are granted free travel by public transport and various tax benefits. The second law, as amended on the 16th of June 2006, provides for payment of benefit to all its subjects in the amount of Ls 50 (about USD 100). Truth, this benefit is received only by those legionaries, who did not capitulated after liberation of Latvia by the Soviet Army. For transfer of the draft law, covering all legionaries, to the committees during voting in Saeima on the 18th of September 2008 only one voice came short.
But the draft laws on the status of veterans of anti-Hitler coalition have been submitted to the Parliament of Latvia by the factions, mainly elected owing to the votes of Russian – speaking electors, for 12 times. They were invariably (04.12.1996, 06.03.1997, 19.03.1998, 18.02.1999, 11.05.2000, 08.05.2003, 25.11.2004, 17.11.2005, 22.12.2005, 11.05.2006, 22.02.2007, 26.03.2009) turned down by the majority of votes on the stage of transference to the commissions.
There were also turned down the attempts to acknowledge the veterans of anti-Hitler coalition as the participants in the national resistance movement (16.06.2005, 21.02.2008) or as politically repressed during the Nazi regime (14.10.2004).
Additionally to the above said, paragraph 1 of the transitional rules of the Law on State Pensions adopted on the 2nd of November 1995 provides for inclusion of the time spent in Stalin’s concentration camps into the work records in the enhanced amount, but providing for no similar benefits for prisoners of Nazi concentration camps. The time, spent during the Second World War in the combat army or in guerrilla regiments, which were fighting on the side of the anti-Hitler coalition, is not pensionable, as well as the service in the Soviet Army (excluding active obligatory service).