Vasiliy Kononov
Encyclopedia
Vassili Makarovich Kononov or Vasiliy Makarovich Kononov was the only Soviet partisan from World War II
convicted of crimes against humanity for his role in the Mazie Bati killings, where posing as German Wehrmacht
officers, Kononov led a unit into a Latvian village and killed 9 people, including three women, one in the late stages of pregnancy who was burned alive.
On 27 May 1944, a detachment of the Soviet First Latvian Partisan Battalion led by Kononov staged a "counter operation" against the village of Mazie Bati. In this operation, 9 villagers were accused of being the "German auxiliaries" (the Latvian armed resistance against the Soviet occupation of Latvia sided with the German invaders in 1941) responsible for the prior incident. Kononov's men were sent to capture the 9 villagers pursuant to an ad-hoc Military Tribunal verdict.
Kononov and his men conducted the operation wearing German Wehrmacht
uniforms so as not to arouse the suspicion of the villagers. 9 villagers were killed, including three women, one in the late stages of pregnancy who was burned alive. Buildings were burned as well.
However, on April 25, 2000, the Criminal Affairs Division in Latvia overturned his conviction on the grounds that it was not clearly established whether Kononov was operating on occupied territory and whether he and his men could be considered combatants, as well as whether the villagers could be considered prisoners of war based on their armament by the Germans. On June 27, 2000, the Supreme Court of Latvia dismissed the prosecutor's appeal, ultimately setting Kononov free.
had overturned the Latvian court ruling. He also said that Kononov was seeking in compensation for the two and a half years his client spent in a Latvian prison.
A press release published by the ECHR on 24 July 2008 revealed the Court's decision, establishing, by four votes to three, that the Kononov's case presented a violation of Article 7 (no retrospective punishment) of the European Convention on Human Rights
. Kononov was awarded in respect of non-pecuniary damage.
On 14 October 2008, the government of Latvia decided to appeal the 24 July judgment. On 9 February 2009, the case Kononov v. Latvia was referred to the Grand Chamber of the European Court of Human Rights. In May, 2009, Lithuania has joined Latvia using its right to participate in the case.
In May of 2010, the Grand Chamber ruled, by 14 votes to 3, that the case presented no violation of Article 7 ECHR. Under the Hague Regulations of 1907, the court determined Kononov could be punished for failing to meet the regulation criteria, specifically, wearing German Wehrmacht uniforms while carrying out the crimes. The court determined the execution of the villagers was in violation of established international law at the time, as Kononov was only entitled to arrest them, and his conviction was not barred by statute of limitations.
. In April 2000, immediately before judgement was to be handed down in his appeal with the Supreme Court of Latvia, he was offered citizenship of the Russian Federation by then president Vladimir Putin
. Kononov accepted the offer, which entailed giving up his previously-held Latvian citizenship. On the event of his 80th birthday in 2003, Kononov received personal greetings from the Russian President, delivered at a ceremony held in the Russian Embassy in Riga.
In the hearings of his case at the ECHR, Russia acted as a third party, and on occasion publicly urged the Court to prioritise Kononov's case.
Sergey Mironov
, speaker
of the Federation Council of Russia
, has expressed hopes that President Dmitry Medvedev
's Historical Truth Commission will also become involved in the Kononov case.
William Schabas
, Latvia's counsel at the ECtHR trial, on the contrary, considers that the dissenting minority held Nuremberg judgment to be contrary to the Article 7 of the European Convention on Human Rights.
stated:
awarded Kononov various honours, including:
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
convicted of crimes against humanity for his role in the Mazie Bati killings, where posing as German Wehrmacht
Wehrmacht
The Wehrmacht – from , to defend and , the might/power) were the unified armed forces of Nazi Germany from 1935 to 1945. It consisted of the Heer , the Kriegsmarine and the Luftwaffe .-Origin and use of the term:...
officers, Kononov led a unit into a Latvian village and killed 9 people, including three women, one in the late stages of pregnancy who was burned alive.
Mazie Bati
On 29 February 1944, Latvian villagers from Mazie Bati (Malye Baty) allowed 12 men from the Soviet reconnaissance-sabotage group to stay in their barns. The next day, at six in the morning, the Germans, who Kononov suspected the villagers of aiding, burned and machine-gunned the barns. All 12 partisans, including the leader Major Chugunov, his wife Antonina and their 7-month-old son, were killed.On 27 May 1944, a detachment of the Soviet First Latvian Partisan Battalion led by Kononov staged a "counter operation" against the village of Mazie Bati. In this operation, 9 villagers were accused of being the "German auxiliaries" (the Latvian armed resistance against the Soviet occupation of Latvia sided with the German invaders in 1941) responsible for the prior incident. Kononov's men were sent to capture the 9 villagers pursuant to an ad-hoc Military Tribunal verdict.
Kononov and his men conducted the operation wearing German Wehrmacht
Wehrmacht
The Wehrmacht – from , to defend and , the might/power) were the unified armed forces of Nazi Germany from 1935 to 1945. It consisted of the Heer , the Kriegsmarine and the Luftwaffe .-Origin and use of the term:...
uniforms so as not to arouse the suspicion of the villagers. 9 villagers were killed, including three women, one in the late stages of pregnancy who was burned alive. Buildings were burned as well.
Original conviction and dismissal
In July of 1998, original proceedings against Kononov were commenced by the Latvian Principal Public Prosecutor's Office, whereby in August of 1998 he was formally charged and ultimately indicted in December of 1998. Kononov pleaded not guilty at the trial which began in January of 1999. Ample evidence of guilt was found by the court where Kononov was in violation of the Charter of the International Military Tribunal (“IMT”) Nuremberg, the Hague Convention (IV) 1907 and the Geneva Convention (IV) 1949. He was found guilty and sentenced to six years imprisonment.However, on April 25, 2000, the Criminal Affairs Division in Latvia overturned his conviction on the grounds that it was not clearly established whether Kononov was operating on occupied territory and whether he and his men could be considered combatants, as well as whether the villagers could be considered prisoners of war based on their armament by the Germans. On June 27, 2000, the Supreme Court of Latvia dismissed the prosecutor's appeal, ultimately setting Kononov free.
Second investigation and conviction
On May 17, 2001, Kononov was once again charged by the prosecutor's office following a fresh investigation. The deaths of six men the was deemed justifiable, but found the deaths of the three women deemed an act of banditry, in violation of the law, but ultimately barred by statute of limitations. The prosecution appealed and on April 30, 2004, the decision of the lower court was overturned and Kononov was found guilty of war crimes, and subsequently jailed. On September 28, 2004, the Supreme Court upheld the verdict of the court in dismissing Kononov's appeal.Appeal to ECHR
On 19 June 2008, Kononov's lawyer Mikhail Ioffe, announced that the European Court of Human RightsEuropean Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
had overturned the Latvian court ruling. He also said that Kononov was seeking in compensation for the two and a half years his client spent in a Latvian prison.
A press release published by the ECHR on 24 July 2008 revealed the Court's decision, establishing, by four votes to three, that the Kononov's case presented a violation of Article 7 (no retrospective punishment) of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
. Kononov was awarded in respect of non-pecuniary damage.
On 14 October 2008, the government of Latvia decided to appeal the 24 July judgment. On 9 February 2009, the case Kononov v. Latvia was referred to the Grand Chamber of the European Court of Human Rights. In May, 2009, Lithuania has joined Latvia using its right to participate in the case.
Final ruling
In May of 2010, the Grand Chamber ruled, by 14 votes to 3, that the case presented no violation of Article 7 ECHR. Under the Hague Regulations of 1907, the court determined Kononov could be punished for failing to meet the regulation criteria, specifically, wearing German Wehrmacht uniforms while carrying out the crimes. The court determined the execution of the villagers was in violation of established international law at the time, as Kononov was only entitled to arrest them, and his conviction was not barred by statute of limitations.
Support from Russia
At various times throughout the period of his prosecution for alleged war crimes, Kononov has received official support from the Government of RussiaGovernment of Russia
The Government of the Russian Federation exercises executive power in the Russian Federation. The members of the government are the prime minister , the deputy prime ministers, and the federal ministers...
. In April 2000, immediately before judgement was to be handed down in his appeal with the Supreme Court of Latvia, he was offered citizenship of the Russian Federation by then president Vladimir Putin
Vladimir Putin
Vladimir Vladimirovich Putin served as the second President of the Russian Federation and is the current Prime Minister of Russia, as well as chairman of United Russia and Chairman of the Council of Ministers of the Union of Russia and Belarus. He became acting President on 31 December 1999, when...
. Kononov accepted the offer, which entailed giving up his previously-held Latvian citizenship. On the event of his 80th birthday in 2003, Kononov received personal greetings from the Russian President, delivered at a ceremony held in the Russian Embassy in Riga.
In the hearings of his case at the ECHR, Russia acted as a third party, and on occasion publicly urged the Court to prioritise Kononov's case.
Sergey Mironov
Sergey Mironov
Sergey Mikhailovich Mironov , is a former chairman of the Federation Council, the upper house of the Russian parliament and a leading figure in the A Just Russia party.- Biography :...
, speaker
Speaker (politics)
The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...
of the Federation Council of Russia
Federation Council of Russia
Federation Council of Russia ) is the upper house of the Federal Assembly of Russia , according to the 1993 Constitution of the Russian Federation...
, has expressed hopes that President Dmitry Medvedev
Dmitry Medvedev
Dmitry Anatolyevich Medvedev is the third President of the Russian Federation.Born to a family of academics, Medvedev graduated from the Law Department of Leningrad State University in 1987. He defended his dissertation in 1990 and worked as a docent at his alma mater, now renamed to Saint...
's Historical Truth Commission will also become involved in the Kononov case.
Impact on Nuremberg legacy
Kononov's defence team, along with Russia's representative to the ECHR, Deputy Justice Minister Georgi Matyushkin, warned the ruling poses grave dangers to the legal legacy of the Nuremberg tribunals from World War II. Matyushkin stated "there are signs of attempts to revise the results of the Nuremberg processes."William Schabas
William Schabas
William Schabas is an author and academic in the field of international criminal and human rights law. He is a professor of international law and Director of the Irish Centre for Human Rights at the National University of Ireland, Galway, and an internationally respected expert on human rights law,...
, Latvia's counsel at the ECtHR trial, on the contrary, considers that the dissenting minority held Nuremberg judgment to be contrary to the Article 7 of the European Convention on Human Rights.
Skepticism
Kononov's former superior officer, later academician and Soviet functionary, Vilis Samsons, has questioned some of the First Latvian Partisan Battalion's wartime reports upon which the accusations against Kononov are based, alleging the description of the Mazie Bati operation was rife with factual errors and imprecisions.Death
Kononov died in Latvia on 31 March 2011 at the age of 88. In a telegram to Kononov's family, Russian President Dmitry MedvedevDmitry Medvedev
Dmitry Anatolyevich Medvedev is the third President of the Russian Federation.Born to a family of academics, Medvedev graduated from the Law Department of Leningrad State University in 1987. He defended his dissertation in 1990 and worked as a docent at his alma mater, now renamed to Saint...
stated:
Awards
In recognition of his wartime service, the Soviet UnionSoviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
awarded Kononov various honours, including:
- the Order of LeninOrder of LeninThe Order of Lenin , named after the leader of the Russian October Revolution, was the highest decoration bestowed by the Soviet Union...
; - the Order of the Patriotic WarOrder of the Patriotic WarThe Order of the Patriotic War is a Soviet military decoration that was awarded to all soldiers in the Soviet armed forces, security troops, and to partisans for heroic deeds during the German-Soviet War, known by the former-Soviet Union as the Great Patriotic War.- History :The Order was...
, first class; - the Order of the Red Banner of LabourOrder of the Red Banner of LabourThe Order of the Red Banner of Labour was an order of the Soviet Union for accomplishments in labour and civil service. It is the labour counterpart of the military Order of the Red Banner. A few institutions and factories, being the pride of Soviet Union, also received the order.-History:The Red...
.
See also
- Occupation of Baltic states
- European Court of Human Rights cases on Occupation of Baltic StatesEuropean Court of Human Rights cases on Occupation of Baltic StatesState continuity of the Baltic states describes the continuity of the Baltic states as legal entities under international law while under German occupation and Soviet rule from 1940 to 1991...
Judgements
- Senate of the Supreme Court of Latvia, Criminal Case Section, Judgement in Case No. 86000198 against V. Kononov for war crimes (28 September 2004)
- European Court of Human RightsEuropean Court of Human RightsThe European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
, Third Section, Judgment in Kononov v. Latvia (24 July 2008). - European Court of Human RightsEuropean Court of Human RightsThe European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
, Grand Chamber, Judgment in Kononov v. Latvia (17 May 2010).