The European Court of Human Rights has recently refused to hear the appeal of August Kolk and Pjotr Kislõi who were convicted in Estonia of assisting in the deportations of people to Siberia in 1949.
Estonian lawyer Hannes Vallikivi said the decision set a precedent: “To my knowledge it’s the first time the European Court of Human Rights has used international law derived from cases of Nazi crime and applied it to crimes of communism.”
According to Vallikivi, until 1994 Estonia lacked legislation dealing with deportation as a crime against humanity. The Kolk and Kislõi appeal argued that they could not be convicted retroactively. Vallikivi added: “Their defence stressed that during the Nuremberg process crimes were limited to those perpetrated during the war. The European court however countered that those committed after the war are also crimes against humanity.”
Lauri Mälksoo, holding the chair of international law at Tartu University said that from 1940 to 1991 Estonia was illegally occupied. Therefore the appellants cannot argue that the Nuremberg precedents do not apply in their case because the war was over. Mälksoo: “The European Court of Human Rights clearly acknowledged that Estonia was, contrary to international law, illegally occupied from 1940 to 1991.”
A logical extension of Mälksoo’s viewpoint is that due to the occupation, which Moscow vehemently rejects, the war did not end for the Estonians until August of 1991. It’s also been argued that it only ended in August of 1994, when Russian forces left Estonian territory.
The European court’s decision leaves intact the Saaremaa court’s 2003 conviction of Kislõi and Kolk who were charged with the deportation of local people to Siberia. They were sentenced to 2 years suspended plus 8 years of court supervision.
The current European Court of Human Rights, instituted in 1998, often called the “Strasbourg Court” handles human rights complaints from Council of Europe member states. The Court was established to enforce the Convention for the Protection of Human Rights and Fundamental Freedoms.
The number of judges is 46, equal to the number of member states. There is no requirement that each state be represented on the court, nor are there limits to the number of judges from any one country. Rait Maruste, a former chief justice of the Estonian supreme court is a member.
ESTONIAN CENTRAL COUNCIL IN CANADA
European court equates Nazi and communist crimes (38)
Kuumad uudised | 18 Sep 2006 | EWR
Viimased kommentaarid
Kommentaarid on kirjutatud EWR lugejate poolt. Nende sisu ei pruugi ühtida EWR toimetuse seisukohtadega.
This is just another vitriolic spout intended to damn my good name. There is again misreference upon misreference, and the lies that my critics keep coming up with show us their true colours. Character assasination upon character assasination without an ounce of interesting rebuttle; nothing to show that they know or care about Estonian affairs, and the same old hogwash that keeps getting regirgitated over and over again. It's a shame and a disgrace, and reflects badly on wha'ts left of the Estonian community in Canada. Come on, you can do better than you're doing, surely?????
Braavo!
Based on ignorance or misunderstanding, Maxim sends us his outlandish comments, usually coupled with insult or disdain. If we disagree, we're called "SLOOOOOO learners", or worse. Moreover, Maxim asks for a constructive response.
Sorry, Maximahv, -- nonsense and insult doesn't lend itself to discussion.
1) What can we do but jeer when you tell us that you plan to get away from Russians in Estonia by moving to Russia? (Proof that you are a nut.)
2) What can we say when you can't see the distinction between a tourist and an immigrant? (You ignoramus.)
3) You announce, without corroborating evidence, that the tourism industry is suffering. Every other source, without exception, states the opposite. (Is that from a voice in your head?)
4) As if any country could be isolated from the surrounding community of nations, Maxim asserts, without evidence, that judicial and economic agreements incorporate a catastrophic loss of sovereignty. (Even North Korea isn't completely sealed off from the rest of the world.)
5) Based on "evidence" that he acquired in secret meetings, Maxim tells us that Freemasons rule the world. (You believe your fantasies.)
6) This list could go on and on; but let's summarize it with reference to its common thread: Maxim possesses a wealth of information known only to himself and those who doubt it are, in his words, "SLOOOOOO learners", or worse.
Furthermore, how does Maxim expect us to respond "constructively" to his insults.
1) Maxim has accused us of being Nazi sympathizers. (Nonsense! Peter and Peeter excepted.)
2) Maxim has stated that Estonian women "entertained" German troops during WW II. (You can't generalize from a few sluts.)
3) Maxim has stated that the Orthodox minority (10%) is to be credited for Estonian culture. (Arvo Pärt doesn't prove your point anymore than one swallow makes a summer.)
4) Maxim has stated that we have forfeited our right to return to Estonia. (You should look up 'forfeit' in the dictionary.)
Who do you think you are Maxim? You come here uninvited to spout nonsense on topics of your own choosing, as if you were a syndicated columnist, and layer it with insult. And in response, you truly believe that you deserve respect? Why?
Sorry, Maximahv, -- nonsense and insult doesn't lend itself to discussion.
1) What can we do but jeer when you tell us that you plan to get away from Russians in Estonia by moving to Russia? (Proof that you are a nut.)
2) What can we say when you can't see the distinction between a tourist and an immigrant? (You ignoramus.)
3) You announce, without corroborating evidence, that the tourism industry is suffering. Every other source, without exception, states the opposite. (Is that from a voice in your head?)
4) As if any country could be isolated from the surrounding community of nations, Maxim asserts, without evidence, that judicial and economic agreements incorporate a catastrophic loss of sovereignty. (Even North Korea isn't completely sealed off from the rest of the world.)
5) Based on "evidence" that he acquired in secret meetings, Maxim tells us that Freemasons rule the world. (You believe your fantasies.)
6) This list could go on and on; but let's summarize it with reference to its common thread: Maxim possesses a wealth of information known only to himself and those who doubt it are, in his words, "SLOOOOOO learners", or worse.
Furthermore, how does Maxim expect us to respond "constructively" to his insults.
1) Maxim has accused us of being Nazi sympathizers. (Nonsense! Peter and Peeter excepted.)
2) Maxim has stated that Estonian women "entertained" German troops during WW II. (You can't generalize from a few sluts.)
3) Maxim has stated that the Orthodox minority (10%) is to be credited for Estonian culture. (Arvo Pärt doesn't prove your point anymore than one swallow makes a summer.)
4) Maxim has stated that we have forfeited our right to return to Estonia. (You should look up 'forfeit' in the dictionary.)
Who do you think you are Maxim? You come here uninvited to spout nonsense on topics of your own choosing, as if you were a syndicated columnist, and layer it with insult. And in response, you truly believe that you deserve respect? Why?
Kuumad uudised
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