The three official versions of the Katyn tragedy are increasingly opposed to scientifichistorical version
At present, in the Russian Federation, quite officially, at the level of the highest state authorities, there are three completely mutually exclusive versions of the Katyn tragedy.
Version number 1. "Public Political Version"
According to the “public political version”, in April-May 1940 of the USSR on the basis of the mythical supra-legal decision of the Political Bureau of the Central Committee of the CPSU (b) and criminal rulings of some kind of illegal “special NKVD troika” 14.552 Polish prisoners of war were shot: 4.421 Polish officer of the Kozel camp - in the Goat Mountains near Smolensk, 3.820 a prisoner of war officer from the Starobelsky camp - in Kharkov Pyatikhatki, 6.311 prisoners of war of the policemen from the Ostashkovsky camp - in Mednoy near Kalinin.
In addition, on the basis of the decisions of the same illegal “special troika of the NKVD”, then at the same time 3.435 prisoners of Polish citizens from the prisons of Western Ukraine and 3.870 prisoners from the prisons of Western Belarus were allegedly shot.
Version number 2. “Official Legal Version”which the executive branch of the Russian government in the person of the Ministry of Justice, the General Prosecutor's Office and other law enforcement agencies adheres to in situations giving rise to legal consequences, especially if these consequences are international legal.
According to the “official legal version”, no less than 1.380 Polish prisoners of war were buried in the Goat Mountains, no less than 180 Polish officers were shot in Kharkov Pyatikhatki, and no less than 243 Polish police officers were shot in the Pyatikhatki Kharkov.
But at the same time, according to the same version, none of the 14.442 Polish prisoners of war sent in April-May 1940 from the Kozelsky, Starobelsky and Ostashkov camps were shot in the spring of 1940 on the territory of the USSR and they all continue to be considered missing in legal terms without a trace.
The published version of the “official legal version” does not explain the reasons for the discrepancy in 10 of thousands of people between the number of Polish prisoners of war (1940) missing in April-May and the number of Polish prisoners of war 14.542 according to “public political version ”(1940).
Version number 3. "The well-known historical version"which adheres to the judicial branch of the Russian government. 14 February 2012. This version was once again legally confirmed by a decision of the Tverskoy District Court of the Mountains. Moscow at the suit of the grandson of Stalin Evgeny Dzhugashvili to the State Duma of the Federal Assembly of the Russian Federation.
This version is based on the final “Message ....” of the Burdenko Commission of 25 in January of 1944 and the sentence of the International Military Tribunal of 1 in October of 1946. This version has never been voiced by major politicians of the USSR and the Russian Federation over the past 60 years.
The paradox is that few people in Russia even realize that it is precisely this historical version that continues to be “generally known” in a strictly legal sense, and that it is this that gives rise to legal consequences in the Russian Federation in the event of legal conflicts related to the Katyn tragedy.
According to the “well-known historical version”, 11.000 prisoners of war Polish officers from the Kozelsky, Starobelsky and Ostashkov camps who were shot by the Nazis in September 1941 were buried in the Goat Mountains. In this version it is assumed that the 11.000 are missing in XNUM Polish officers from prisons in Western Ukraine and Western Belarus.
The fate of Polish policemen from the Ostashkov camp and civilians from the prisons of Western Ukraine and Western Belarus who went missing in 1940 were not considered in the framework of the “well-known historical version”. It is also important to note that the “well-known historical version” in every way avoids identifying, discussing and critical understanding of specific historical and legal facts related to the places and circumstances of the future victims of the Katyn massacre in the USSR from the late spring of 1940 until the beginning of the Great Patriotic War. of war.
It should be especially emphasized that the three official versions mentioned above contradict each other and are mutually exclusive not in some minor or minor details, but in principle facts and circumstances of the Katyn tragedy.
The three official versions of the Katyn tragedy in recent years are increasingly opposed to the scientific and historical version, which is adhered to by the participants of the international Internet project “Truth about Katyn” and the most conscientious representatives of the Russian and international scientific community.
According to the scientific and historical version of the Katyn events and the Katyn massacre, no one at all shot the Polish police officers from the Ostashkov camp — neither the Germans nor the NKVD officers of the USSR. A significant number of them died in Soviet labor camps from natural causes in 1940-47. However, many (several thousand people) survived until liberation and were able to return to their relatives in Poland, Western Ukraine and Western Belarus in 1940-50-s.
The starting point of the legal procedure, which eventually led to the Katyn tragedy, within the framework of the historical version is to consider the date of the political decision of the Political Bureau of the Central Committee of the CPSU (b) to condemn prisoners of war of the Ostashkov camp to corrective labor under the NKVD of the USSR.
There is no doubt that such a decision of the Politburo existed. No other authority of the Soviet Union at that time had the authority to make a decision of such a high degree of international political importance. It is most likely that this decision was made by the 3 Politburo of December 1939 of the year - simultaneously with the decision to arrest all registered officers of the former Polish Army.
The second most important “nodal” point of the legal background of the Katyn events is the decision of the Political Bureau of the Central Committee of the CPSU (B) March 5 of 1940 to condemn Polish prisoners of war from the Ostashkov, Starobelsk and Kozel camps, as well as prisoners from the Ukrainian SSR, BSSR and RSFSR prisons in the so-called “special the procedure ”of judicial proceedings - the verdicts of the Commission for Investigation Cases of the NKVD and the Prosecutor of the USSR (the notorious“ two ”). This political decision was the beginning of the Katyn events themselves.
The fact of conviction on the territory of the USSR in 1940 about 25-26.000 of citizens of the former Poland by the verdicts of the Commission on Investigative Cases of the NKVD and the Prosecutor of the USSR can be considered fully historically established even in the absence of the sentences of the two. In particular, the fact of condemnation of the “Katyn Poles” by this extraordinary court of the USSR is confirmed by the fact that the term “Commission” (with a capital letter!) Is repeatedly mentioned in the official correspondence of the NKVD related to the conviction of Polish prisoners of war and arrested the numbering system of the “lists of dispatches” of prisoners of war is similar to the numbering system of the minutes of the meetings of the “two”, which sentenced the “Katyn Poles”.
In total, the Commission on Investigative Cases of the NKVD and the Procurator of the USSR issued 74 group sentences to “Katyn Poles” (in practice, “two” sentences were executed in the form of “meeting minutes”). The first one is dated April 1, the last 14 December 1940. In addition, it should be emphasized that the criminal procedure term “special order” is inextricably linked with the activities of the “two”.
The third “key” legal point of the Katyn tragedy was a partial (so-called “military”) amnesty from 12 July 1941. More precisely, the fact of its distribution to convicted Polish officers from Vyazemlag and the fact of its non-proliferation to convicted Polish police from the Matkožnensky camp and located the neighborhood of the camp sites of the former Beltbaltlag.
Both of these facts played a very dramatic role in the fate of convicted Polish prisoners of war. Convicted Polish officers from Vyazemlag after 12 amnesty of July 1941 were uncoupled and therefore were not subject to compulsory escort to the Soviet rear in the order of USKV-39 (“Statute of the convoy troops service of the NKVD of the USSR”). At the same time, they evacuated voluntary evacuation to the Soviet rear, as a result of which they were captured by German prisoners, where, a few weeks later, the absolute majority of them were shot.
Condemned Polish police because of their attempt at an armed uprising in Matkozhlag in the spring of 1941 were recognized as “anti-Soviet now-minded”, as a result of which neither the “first military” amnesty from July 12 or the 12 was extended to them August 1941 of the year. As a result, they sat in the Soviet labor camps until the end of World War II.
After its completion, the “Katyn” Polish police, unlike those detained in camps before the end of hostilities of Soviet citizens, were released from prison not in large quantities, but in small parties or individually. Their subsequent return from remote regions of the Soviet Union to their relatives at a pre-war place of residence was also difficult. There is a hypothesis that, at least until the middle of the 1950, liberated from forced labor camps by a “Katyn” Polish policeman was generally forbidden to leave the USSR.
The formal legal basis for the Katyn massacre in September 1941 was the refusal of interned Polish officers to take the oath of allegiance to Nazi Germany and personally to Adolf Hitler. Because of this, in late August-early September 1941, they were recognized as “politically unreliable” and administratively sentenced to death. Approximately 10% of the officers who agreed to swear allegiance to the Nazis avoided execution.
The most mysterious and least studied legal topic of the Katyn tragedy is the legal background of the third component of this historical problem - the so-called “Katyn case”, started by the German authorities in April 1943. In view of the fact that the Katyn case was originally a special propaganda operation of German special services developed by full secrecy, and in the same secrecy mode resumed during the cold war by non-public supranational political structures with Since Western intelligence agencies (and after 1987, the USSR special services), there are no archival documents on this subject in the free scientific circulation.
The current legal situation around the Katyn tragedy is extremely confusing and in many ways controversial.
The overall criminal and legal assessment of the Katyn massacre was given by the International Military Tribunal. By the procedural decision of MW 14 of February 1946, the guilt of Nazi Germany in the Katyn massacre was established as the so-called “legal fact generating legal consequences”, and the MH sentence of 1 of October 1946 established the personal guilt in organizing the Katyn crime of defendants German Hering and Alfred Jodl (the rest of the 22 accused at the Nuremberg trials did not incriminate the Katyn episode).
In addition, the culpability of Nazi Germany in the Katyn massacre was established as a “legal fact giving rise to legal consequences” by a sentence of the Third Supreme Court of Bulgaria of 28 February 1945 in the “Trial of the perpetrators of Bulgaria’s involvement in the world war against the allied nations” and the sentence The Nuremberg Military Tribunal of 10 on April 1948 at the “Ninth Subsequent Nuremberg Trials” (“The Trial“ The People of the United States Against Otto Olendorf ”or the Einsatzgruppen Group). Personally guilty of leading the Katyn massacre by conviction of the Nuremberg Military Tribunal of 10 on April 1948, the SS Brigadeführer Erich Naumann was recognized.
The civil and legal consequences of the Katyn massacre were the subject of legal proceedings at several thousand civil law fact-finding trials that took place in Poland in the post-war period. In all these processes, the Polish courts used as a legal basis for making their judgments the legal fact of the guilt of Nazi Germany in the Katyn massacre, established by the International Military Tribunal, and the Katyn massacre date “September 1941” established at the Nuremberg process.
However, at the height of the Cold War, after the resumption of the 1951-52. falsifications of the Katyn case by the American Madden Commission; attempts to falsify the Katyn tragedy also began at the legal level. In particular, in the US 1950 several dozens of politicized lawsuits were filed against the government of the Soviet Union for compensation for material and moral damage in connection with the loss of a breadwinner initiated by relatives of Katyn victims living in the United States.
Ignoring the legal facts established by the verdicts of the International and Nuremberg military tribunals of 1 in October 1946 and April 10 in 1948, the American courts, contrary to historical truth, unlawfully awarded large sums of money to the relatives of the Katyn victims who were to receive from the Soviet Union.
The most recent court decision on the Katyn case so far is the decision of the Fifth Section of the European Court of Human Rights of April 16 of 2012 in the case of Janowiec and Others v. Russia, confirmed by 21 of October 2013 by the Grand Chamber of the ECHR.
This decision also ignores the legal facts established by the verdicts of the International and Nuremberg military tribunals of 1 in October 1946 and 10 in April 1948. Moreover, when making its decision, the judges of the ECHR pointedly did not take into account the arguments of the “official legal version” of the Russian Federation and all the principal facts and circumstances of the Katyn tragedy took the position of the Polish side, which fully coincides with the “public political version”.
By the decisions of the European Court of Human Rights in the case of “Yanovets and Others v. Russia” of 16 on April 2012 and 21 in October 2013, the perpetrator of the Katyn massacre, contrary to the historical truth and sentence of the International Military Tribunal, recognized the Soviet Union war crimes of Nazi Germany indirectly entrusted to the Russian Federation.
By these unjust decisions, the Soviet Union is legally equated with Nazi Germany. The outcome of the “Katyn” case “Yanovets and Others Against Russia” has caused enormous damage to the national interests of the Russian Federation, moreover, they pose a serious threat to the national security of our country.