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Drėlingas v. Lithuania (ECHR): Ethno-Political Genocide Confirmed?

Published on April 15, 2019        Author: 
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The European Court of Human Rights on 12th of March issued a judgment in the case of Drėlingas v. Lithuania (Application no. 28859/16). The case at the ECHR was considered under Article 7 and focused on the principle of nullum crimen sine lege. However, in broader terms this case dealt with the definition of genocide, and the protected group issue in particular. This judgement continues a series of judgements related to Soviet mass repressions in the Baltic States after they were occupied and annexed by the Soviet Union and “sovietised” in a most brutal way from 1940 up to Stalin’s death in 1953. In fact, this case is a continuation of the case Vasiliauskas v. Lithuania (Application no. 35343/05), discussed on this blog previously

The main facts of the Drėlingas case are as follows: Drėlingas was an operative of the soviet repression structures (MGB/KGB) and in 1956 he participated in the arrest of one of the most famous anti-soviet armed resistance (partisans) leaders – A. R. (nome de guerre “Vanagas”) and his wife B. M. “Vanda”. After being captured, Vanagas was horribly tortured, maimed, then tried by the Soviet court and eventually executed, his wife was deported to Siberia. These events happened after the active armed resistance was almost over, while Vanagas and his wife were still on the run. After restoring Lithuania’s independence in 1990, Drėlingas was put on trial in 2014 and sentenced for his participation in genocide, as an accessory to the crime.

The last sentence perhaps needs further explanation. Back in the 1990s, Lithuania was one of a handful of countries that adopted a broader definition of genocide in its national laws; it included political and social groups together with national, ethnic, racial and religious. The main aim of this was to address the historic Soviet crimes. However, it soon became clear that the direct inclusion of political and social groups in the genocide definition created a conflict with the internationally accepted definition of genocide. Another approach was needed, and it was tested in the case of Vasiliauskas (mentioned above). Read the rest of this entry…

 
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