Poor Lithuania. For the past two decades, the country has been trying without any
success to bring to justice officers of the Soviet KGB’s elite Alpha Group, which
murdered 13 Lithuanian citizens at a dramatic showdown at the Vilnius TV tower
between local freedom activists and Soviet forces, which had been dispatched by
Moscow to thwart the burgeoning local independence movement. The dramatic
events of January 1991 in the Lithuanian capital have become a symbol of
Lithuanian resistance to Soviet oppression, which many believe was a watershed
event in the struggle for Baltic independence and the ultimate dissolution of the
Soviet Union.
Of course, the view from Moscow was entirely different, hence the refusal by
Russia to cooperate in the investigation of the crime, which effectively prevented
any progress in the case. All of that changed dramatically this past July 14, when
former KGB general Mikhail Golovatov, who commanded the Soviet special
forces responsible for the murders, landed in Schwechat airport in Vienna, where
he was arrested by the local authorities on the basis of a European arrest warrant
issued in October 2010 by Lithuania, by now a member in good standing of the
European Union. Imagine the shock and consternation in Vilnius, therefore, when
within less than 24 hours after his arrest, Golovatov was shipped back to Moscow
by the Austrians, safe again from the clutches of Lithuanian justice.
Under normal circumstances, none of this would have caught my attention, but the
combination of the subject under contention and the two protagonist–countries with
whom I have had extensive dealings on related issues over the past decade,
motivated me to offer a very different perspective which I would like to share with
the readers of Lietuvos Rytas.
Let me begin with the Austrians. Lithuania had every reason to expect that their
arrest warrant would be honored and implemented by their fellow European Union
member. Assuming that it had been prepared properly, there was no reason to
suspect any reluctance or hesitation in Vienna to extradite a person wanted for
murder in a crime of such historical significance for Lithuania. But as Vilnius
learned the hard way, Vienna is a difficult place to achieve any measure of justice,
least of all for crimes committed elsewhere many years previously. And as far as
history is concerned, the Austrians have a long tradition of manipulating the past to
suit their needs. How else to explain their claim for more than forty years that their
country was “Hitler’s first victim,” when, in fact, it was the Nazis’ most zealous
ally.
It will, therefore, probably come as no surprise to Lithuanians, that Austria has
failed to successfully prosecute, let alone punish, a single Nazi war criminal in
more than thirty years. If there were no Nazi war criminals still alive in the country
or Austrians living elsewhere who could be held accountable for their Holocaust
crimes, that might be understandable, but that is hardly the case. On the contrary,
Austria is full of individuals who should have been convicted for their role in the
persecution and murder of the so-called enemies of the Third Reich, but a
sympathetic justice system did its utmost to limit the number of such cases which
could be prosecuted by the Austrian judicial authorities.
One such example is the case of Majdanek guard Erna Wallisch, who began her
career at the Ravensbrueck concentration camp and later was promoted to serve at
the death camp near Lublin, Poland, where tens of thousands of Jews were
murdered. I discovered her living in Vienna in May 2004, in the framework of our
“Operation: Last Chance” project launched in Vilnius in July 2002, thanks to a tip
from a concerned Austrian who was aware of her wartime activities. It turns out
that Wallisch had admitted to Austrian investigators that she has taken Jews to be
gassed and had guarded them lest they escape. So imagine my incredible surprise
and utter frustration when I was informed by the Austrian Justice Minister Karin
Gastinger that Wallisch could no longer be prosecuted in Austria, where her crimes
were considered “passive complicity in genocide,” a category created by Austrian
jurists to purposely limit that number of Holocaust perpetrators who could be held
accountable for their crimes.
Although the Austrians were subsequently forced to reopen the case when Polish
researchers found new evidence of “more active” involvement, Wallisch died
before she could even be indicted, let alone prosecuted, and punished. Her case,
however, was only the tip of a huge iceberg of Austrians who deserved to be
brought to justice for WW II crimes but were never brought to trial. Less than two
months ago, the Croatian Ustasha police chief of Požega, Milivoi Asner died at the
age of 98 in an old age home in Klagenfurt after the Austrian authorities refused an
extradition request by Croatia, backed by sympathetic physicians who insisted that
he was medically unfit to stand trial, even though his numerous media interviews
clearly indicated that this was not the case. So, in effect, Austria was the best
possible Western European destination for the likes of Golovatov, and the results
clearly bear this out.
As far as Lithuania is concerned, I find it extremely difficult not to view the wave
of righteous indignation which swept the country with no small degree of cynicism.
Of course, the European arrest warrant for Golovatov was justified and he should
have been extradited, but can independent Lithuania claim to have pursued justice
zealously when dealing with its own numerous Nazi war criminals? Judging from
the reaction to the current Austrian debacle of Lithuanian officials from the
President down, one could assume that the country had an impeccable record when
it came to prosecuting war criminals and crimes against humanity. Of course in
practice, nothing could be further from the truth. Rather than courageously
confronting the shameful widespread collaboration of so many Lithuanians in
Holocaust crimes and their significant role in the mass murder not only of
Lithuanian Jews, but also of Jews in Belarus and Poland, as well as of foreign Jews
deported to Lithuania to be murdered there, the Lithuanian government and judicial
system did its utmost to ignore the issue or minimize its impact.
In fact, if the Lithuanian authorities had exhibited only one-tenth of their zeal to
prosecute the Soviet criminals of January 1991 in bringing local Nazi war criminals
to justice, Lithuania’s record, one of the worst in Europe, could have been
outstanding. If we add the incomparable numerical scope of the crimes of many of
these Nazi collaborators in comparison to the crimes committed by Golovatov and
his cronies, the lack of comparable initiative in bringing the former to justice,
becomes even more scandalous.
Like the Austrians, however, they too manipulated history by downplaying the
crimes of Lithuanian Nazi collaborators and attempting to claim that Communist
crimes were equally terrible, a tendency only strengthened by the judicial system’s
utter failure to punish a single local Holocaust perpetrator. Even worse, Lithuania
made a mockery of the judicial process by passing unique laws which enabled the
investigation, indictment and prosecution of medically unfit genocide suspects. Not
Heaven forbid to ensure that such criminals would be punished, but simply to
enable ultimately meaningless trials, at which the defendants did not have to even
appear and did not face any threat of punishment. In fact, these proceedings were
organized primarily to relieve foreign pressure to bring these perpetrators to justice.
Instead of utilizing an admittedly-difficult and very painful process of prosecuting
its own Nazi criminals and thereby helping Lithuania’s younger generations
honestly cope with an extremely difficult chapter of their history, the country’s
leaders squandered a historic opportunity not only to achieve justice but also to
attain genuine closure and true reconciliation. By failing to punish Lileikis,
Gimzauskas and even Dailidė, not to mention other suspects who could and should
have been put on trial, independent Lithuania miserably failed in what was one of
its most important tests as a new democracy. And this failure has only been
compounded by the bogus campaign to “investigate” Jewish anti-Nazi partisans
and the recent intensification of the campaign to promote the 2008 Prague
Declaration and its canard of historical equivalency between Communism and
Nazism.
Does all this sound familiar? Unfortunately, it does. It is more or less what the
Austrians did for decades after World War II. The lie of Austrian victimhood only
finally stopped in the early nineties, but the patterns of dealing with Holocaust
issues are difficult to change. And the same lack of legal innovation, flexibility and
judicial will that enabled numerous Nazi war criminals to escape justice in Austria
no doubt helped Golovatov escape extradition to stand trial in Vilnius.
Perhaps the time has come for Lithuanians to drop their righteous indignation and
take a long hard overdue look in the mirror. They are likely to be shocked by the
image they see. If, however, the Golovatov debacle can finally inspire the longoverdue
reevaluation of the attitude toward Lithuanian perpetrators of Holocaust
crimes and the ongoing government-sponsored and financed minimization of their
crimes, all the pain and frustration of the past month will have been a true blessing
in disguise, which will ultimately profoundly benefit Lithuania.
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