Answer of Mr. Frattini on behalf of the Commission to a recent question at the European Parliament
B) 12 March 2008 – Answer to the question of MEP Inese Vaidere (UEN) with subject: Crimes of the totalitarian Communist regime
Parliamentary questions 12 March 2008
P-0576/2008
Answer given by Mr Frattini on behalf of the Commission
1 - 4. The Commission deplores and condemns crimes committed by any totalitarian regime, including totalitarian communist regimes, and considers that these crimes and their victims should always be remembered.
The draft Framework Decision(1) on combating certain forms and expressions of racism and xenophobia by means of criminal law covers crimes committed on the grounds of race, colour, religion, descent and national or ethnic origin. It does not cover crimes committed on other grounds.
On 19 April 2007, the Justice and Home Affairs Council reached political agreement on the framework Decision and stated(2) that it deplores all of these crimes. It requested the Commission ‘to examine and to report to the Council within two years after the entry into force of the framework Decision, whether an additional instrument is needed, to cover publicly condoning, denying or grossly trivializing crimes of genocide, crimes against humanity and war crimes directed against a group of persons defined by reference to criteria other than race, colour, religion, descent or national or ethnic origin, such as social status or political convictions’.
The Council also asked the Commission to organise ‘a public European hearing on crimes of genocide, crimes against humanity and war crimes committed by totalitarian regimes as well as those who publicly condone, deny, grossly trivialize them, and emphasises the need for appropriate redress of injustice and-if appropriate-submits a proposal for a framework decision on these crimes’. The Commission is currently jointly organising with the Slovenian Presidency the hearing which will be held in Brussels on 8 April 2008. The hearing will be organised around the issues of recognition of totalitarian crimes and reconciliation.
5. This hearing should enable an exchange of views between independent experts, representatives of national institutes and non-governmental organisations dealing with these issues. This will help attain a greater knowledge on these complex and sensitive issues. Member States, the Parliament and the Council will also be invited.
(1) COM(2001)664 final, OJ C 75E, 26.3.2002. (2)Statements by the Council to be inserted in the minutes of the Council at the time of adoption of the framework Decision. Press Release 8364/07 (Presse 77).
Text of the Question:
6 February 2008
P-0576/08 WRITTEN QUESTION by Inese Vaidere (UEN) to the Commission
Subject: Crimes of the totalitarian Communist regime
1. With the huge number of victims, the Nazi regime and the totalitarian Communist regime were equal; moreover, the number of victims of the latter was even larger. If the present proposal for a framework decision (5118/07) on combating racism and xenophobia stipulates criminal liability for persons who justify, deny or trivialise Nazi regime crimes, but the same does not apply to the crimes of the totalitarian Communist regime, do you not think that it could create an opinion in Europe that only one criminal regime created and participated in World War II?
2. In Latvia and other new Member States, crimes by the totalitarian Communist regime affected almost every family and their consequences are felt to this day. If we do not have the same attitude towards totalitarian Communist regime crimes as to Nazi regime crimes, how can we talk about an equal attitude of EU countries and citizens towards the history of Europe, which is the objective of the framework decision? Could it not lead to the impression that there are two different classes (first and second) of victims?
3. Is the Commission aware that the crimes of the totalitarian Communist regime, as under the Nazi regime, were very often based on ethnic principles and that the totalitarian Communist regime had a network of concentration camps — just like the Nazi regime?
4. Does the Commission think that reconciliation with Nazi criminals is possible? If not, then is it possible to forgive criminals of the totalitarian Communist regime?
5. What is Commissioner Frattini’s opinion on the level at which the Conference on Crimes of Totalitarian Regimes (to be held in April 2008) should take place to realise the objectives of the framework decision on combating racism and xenophobia?
Answer given by Mr Frattini on behalf of the Commission
1 - 4. The Commission deplores and condemns crimes committed by any totalitarian regime, including totalitarian communist regimes, and considers that these crimes and their victims should always be remembered.
The draft Framework Decision(1) on combating certain forms and expressions of racism and xenophobia by means of criminal law covers crimes committed on the grounds of race, colour, religion, descent and national or ethnic origin. It does not cover crimes committed on other grounds.
On 19 April 2007, the Justice and Home Affairs Council reached political agreement on the framework Decision and stated(2) that it deplores all of these crimes. It requested the Commission ‘to examine and to report to the Council within two years after the entry into force of the framework Decision, whether an additional instrument is needed, to cover publicly condoning, denying or grossly trivializing crimes of genocide, crimes against humanity and war crimes directed against a group of persons defined by reference to criteria other than race, colour, religion, descent or national or ethnic origin, such as social status or political convictions’.
The Council also asked the Commission to organise ‘a public European hearing on crimes of genocide, crimes against humanity and war crimes committed by totalitarian regimes as well as those who publicly condone, deny, grossly trivialize them, and emphasises the need for appropriate redress of injustice and-if appropriate-submits a proposal for a framework decision on these crimes’. The Commission is currently jointly organising with the Slovenian Presidency the hearing which will be held in Brussels on 8 April 2008. The hearing will be organised around the issues of recognition of totalitarian crimes and reconciliation.
5. This hearing should enable an exchange of views between independent experts, representatives of national institutes and non-governmental organisations dealing with these issues. This will help attain a greater knowledge on these complex and sensitive issues. Member States, the Parliament and the Council will also be invited.
(1) COM(2001)664 final, OJ C 75E, 26.3.2002. (2)Statements by the Council to be inserted in the minutes of the Council at the time of adoption of the framework Decision. Press Release 8364/07 (Presse 77).
Text of the Question:
6 February 2008
P-0576/08 WRITTEN QUESTION by Inese Vaidere (UEN) to the Commission
Subject: Crimes of the totalitarian Communist regime
1. With the huge number of victims, the Nazi regime and the totalitarian Communist regime were equal; moreover, the number of victims of the latter was even larger. If the present proposal for a framework decision (5118/07) on combating racism and xenophobia stipulates criminal liability for persons who justify, deny or trivialise Nazi regime crimes, but the same does not apply to the crimes of the totalitarian Communist regime, do you not think that it could create an opinion in Europe that only one criminal regime created and participated in World War II?
2. In Latvia and other new Member States, crimes by the totalitarian Communist regime affected almost every family and their consequences are felt to this day. If we do not have the same attitude towards totalitarian Communist regime crimes as to Nazi regime crimes, how can we talk about an equal attitude of EU countries and citizens towards the history of Europe, which is the objective of the framework decision? Could it not lead to the impression that there are two different classes (first and second) of victims?
3. Is the Commission aware that the crimes of the totalitarian Communist regime, as under the Nazi regime, were very often based on ethnic principles and that the totalitarian Communist regime had a network of concentration camps — just like the Nazi regime?
4. Does the Commission think that reconciliation with Nazi criminals is possible? If not, then is it possible to forgive criminals of the totalitarian Communist regime?
5. What is Commissioner Frattini’s opinion on the level at which the Conference on Crimes of Totalitarian Regimes (to be held in April 2008) should take place to realise the objectives of the framework decision on combating racism and xenophobia?
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