Country Report
conference “Crimes of the Communist Regimes“
24-26 February 2010, Prague
Crimes of the Communist Regimes – Serbia case My name is Marina Jelic and I’m from Republic of Serbia. In my case the information where I come from is not irrelevant to the subject of this meeting in general. Because, as you may be aware of, the country that I come from was, until the beginning of 1990s, part of larger administrative territory – Socialistic Federative Republic of Yugoslavia. It is interesting to note that collapse of that complex country coincides with the fall of Berlin Wall, or collapse of communistic systems in countries of Central and Eastern Europe. From the previously mentioned it is given to conclude that the communist regime can be only discussed in context of Yugoslavia (not Serbia). Serbia, which, after the collapse of federal country, went into wars, was in a particular way totalitarian organized state (as the most of former Yugoslav republics), which was in a way logical given the situation of open (or covert) war that prevailed in those newly created countries. It is not possible, however, to talk about classic communistic model of government. (One party system, state ownership of property and materials for production, lack of freedom of press, total enclosed mass media, and so on…). When you take this introduction into account, it is clear that you can talk about communist regime crimes only having in mind so called Second Yugoslavia, epoch from 1945 until 1990. Given the social development, it seems to me that history of this country in relation to crimes (but not only them) we can roughly divide into three periods. First period, from 1945 to 1948, could be called period of revolutionary terror 1 . In these years the largest number of crimes was committed, not only on members of defeated military groups from World War II (Chetniks, Nedic National Guard, the Yugoslav Volunteer Detachment (ljotićevci) of the Serbs, and domobrani the Ustasha of Croats, ballistic organization of Albanians in Kosovo and Metohija) , but on civilians that didn’t fit in ideological and (or) economical matrix of new society that was emerging in Yugoslavia by the recipe of existing arrangement in Soviet Union (USSR). Here I think particularly on big capitalists, member of opposition to Marxists ideology, and large parts of peasantry and the clergy. During first after‐war years, there are numerous examples of unjust confiscations of property, losses of civil rights, convictions on long prison sentences (luckily lowered or abolished soon afterwards) without valid evidence, and with dubious legal procedure. Concerning mass crime, case Bleiberg (place in today Austria) especially stands out, where Partisan units executed tens of thousands of Croat Ustashas and domobrans, who (with families) were found in the withdrawing to the West. Also, in nearly all Serbian towns mass executions of members of family, sympathizers and members of anticommunist movement were conducted, with inadequate, and often without any kind of court proceeding. 1
See M. Djilas, Revolucionarni rat (Revolutionary War), 1990.
Country Report
conference “Crimes of the Communist Regimes“
24-26 February 2010, Prague
After sudden and abrupt change in Yugoslav politics that happened in 1948, and which was caused by break up of ties between USSR and SFRY (Social Federative Republic of Yugoslavia), and friendship between Josif Broz Tito and Josef Douglasville Stalin, second period of history of communistic Yugoslavia began. During this time, still powerful repressive state apparatus, turned, rather than against ideological opponents, to yesterday’s friends and comrades who in conflict of two communistic dictators, chose the foreign one. Ideological‐police terror against common citizens weakened, but, instead, Goli Otok was created, work camp located on small island in Adriatic Sea, intended primarily for communists of pro‐soviet orientation. Beside inhuman behavior (beatings, starving, various kinds of humiliation) it is considered that on Goli Otok between five and ten thousand people was murdered (died). Large number of these men hasn’t committed criminal offense, hasn’t, for example, participated in armed rebellion that intended to overthrow the government, but, simply, by habit or conviction, in conflict of two communist regimes chose the older, foreign one. The fact that Stalin regime conducted even more hideous crimes, doesn’t reprieve Yugoslavian leadership from crimes against its compatriots. And in the end, the last period of history of Yugoslavia that lasted from 1954 until 1990, started, symbolically, with two opposing events. In 1956, Goli Otok was closed, but the most famous Yugoslav dissident Milovan Djilas was dispossessed and arrested, because he published in daily newspaper “Borba” series of critical articles, Country Report
conference “Crimes of the Communist Regimes“
24-26 February 2010, Prague
which will, on West also, later on grow into famous book “New class” 2 . Djilas, although in youth one of the most diligent and closest Tito’s associates, during fifties and sixties has served nine years in prison totally due to his new faith in liberal democratic ideas. Now it would be a useful to say more about the nature of Yugoslavian communism, or self‐administrative socialism, as it was called in final and the longest phase of existence of common state of South Slavs. Although the basic features of state organization of other countries of real socialism basically stayed unchanged in Yugoslavia also, the Socialist Federal Republic of Yugoslavia was significantly different from their ideological brethren from the European east. Foreign policy position of this country was in the large part conditioned by breakup with Warsaw Pact countries led by Soviet Union. That’s why, formally communist Yugoslavia, was vastly materially financed by United States and developed Western Europe countries. Further on, political openness toward West resulted in relative openness of Yugoslavian market to goods and ideas created in Euro‐Atlantic countries. Beside that, Yugoslavian companies often served as a mediator in trade between countries from one and the other side of so called “iron curtain”. At the height of bloc division of world, in the early sixties, Yugoslavian authorities accepted the idea of non‐alignment that enabled cooperation and trade with distant and populous non‐European countries and nations. Foreign policy openness forced the need for inner liberalization, so some forms of private property was allowed in Yugoslavia (small shops, restaurants, craft workshops), and the rural population was enabled to have private possession of significant parts of the arable land. Of course this situation was unimaginable in countries under determining influence of Soviet Union. The possibility of free travel completes this picture of relatively liberal, economically and prosperous society. In this kind of ambient lack of political freedom and civil rights wasn’t hard on majority of population. Seriously organized challenges to one‐party monolith and charismatic leader (Josip Broz Tito) almost didn’t exist. Therefore the need for large‐scale repression didn’t exist, although enforcement devices (army and police), like in other communist countries, stayed powerful and well organized. Naturally, occasional rebellion existed, mostly from intellectuals (literates, scientists and artists), but these sporadic excesses couldn’t jeopardize foundations of one‐party system. Mentioned “cases” (expression was used by official socialistic press of the time) usually (with few exceptions) ended up without criminal prosecution and jail, even without permanent loss of employment. Usually, inappropriate intellectuals were transferred to less influential and less paid jobs. Few serious crises, that could be mentioned, are foundation of Massive movement in Croatia in 1971 (where under the leadership of local communistic elite wide layers of people made to central government separatist demands) and student protest in Belgrade in 1968 that started in a wave of similar event across Europe and whose goals in Yugoslavia were somewhat contradicting. Students, on one hand, demanded 2
M.Djilas , New class, 1957.
Country Report
conference “Crimes of the Communist Regimes“
24-26 February 2010, Prague
liberalization of social life, and on the other return to original communistic principles of war and early post‐war period. Both movements were suppressed, with practically no human casualties, and only a few leaders were sentenced to prison 3 . Also worth mentioning is situation in Kosovo and Metohija where state failed to establish practically from the end of World War II. Until 1966 this province within Serbia was, with firm hand, ruled by police of powerful Interior Minister Aleksandar Rankovic. After toppling Rankovic (1966) police pressure has relented, but the Albanian national minority continued to raise rebellion (1968, 1971, 1981) in order to obtain the secession of the province from the Republic of Serbia where Kosovo administratively belonged. In certain way death of dictator Josif Broz Tito (1980) announced the end of Yugoslavian state project. On one hand political freedom were started to be gained, so during eighties of last century almost any opinion could be published in press, although the monopoly in political sphere stayed in hands of only allowed party –
Communists of Yugoslavia. But on the other hand, lenders from the West emerged to claim credits and loans that Yugoslavia spent in last twenty years. So, the society during the middle of ninth decade of twentieth century fell into deep economical crisis. Such economical environment encouraged national tensions and opened never solved historical disputes between Yugoslavian nations. Immanent collapse of federation was rapidly approaching. By the beginning of nineties Socialistic Federative Republic of Yugoslavia fell apart in, unfortunately, bloody few years lasting war. Basic problem in assessing crimes, especially those who could be classified as crimes against humanity, is in the specificity of Yugoslavian history. Undoubtedly, the largest number of crimes committed by Yugoslavian communists happened soon after the end of Second World War, between 1945 and 1953. In later period of history of Yugoslavian society we can say that there were single, occasional crimes that were done in the name and under the favor of state, but crimes against humanity and huge police repression simply didn’t happen. So, into serious consideration, in terms of crimes against humanity, only earliest historical period of existence of socialistic Yugoslavia should be taken into account. Problem occurs considering that these events happened over sixty years ago. Large number of participants in these events, victims as well as the executors is not among living anymore. Minority left are in those years and such medical condition that doesn’t enable conduct of serious investigating efforts or conduct of as‐as genuine criminal proceedings. It is hard to imagine people of ninety years old remembering circumstances under which some crimes happened more than half a century ago. Not considering the various flaw of judiciary in Serbia today, it is hard believe that even an international legislature would be able to help in over‐passing these kinds of obstacles. Nevertheless, certain moral responsibility exist and I’m certain that individuals that participated and 3
See the editions of Committee for the defense of freedom of thought and expression
Country Report
conference “Crimes of the Communist Regimes“
24-26 February 2010, Prague
ordered mass tortures and liquidations feel moral conviction at least from its own surrounding if not from wider social community – general public. Summary of criminal proceedings against persons, who have committed crimes in the period of existence of the communist regime, and that these criminal actions took place before 1989, in the case of Yugoslavia, i.e. Serbia again is very difficult to make, because we are again confronted with different historical experience than other countries of so called Eastern block. While the beginning of last decade of previous century announced the end of communistic one‐party systems in countries of Warsaw Pact, for Yugoslavia those years represent period of state collapse and interethnic wars. Because I come from Serbia I will limit myself to describing situation in that former Yugoslav republic. In our case, after 1989, League of Communists of Serbia hasn’t, as it happened in other countries of real socialism, left the government and went into opposition. League of Communists of Serbia united with Socialistic Union of Working People (a para‐party formation, relapse from the time of socialism) and formed Socialistic Party of Serbia. This new organization ruled, alone or in coalition with other parties, Serbia for more then ten years. It not only inherited all property of SUWP (above mentioned organization where nearly all citizens belonged) but it also obtained enforcement devices (Army and police) of disappearing country. Naturally with this state of society there couldn’t have been a place to talk about criminal prosecution of individuals which, in favor of state, broke the laws before 1989, for two reasons. First because, as I said earlier, there wasn’t mass crime in the last decades of existence of SFRY and secondly because interethnic armed conflict was beginning on the territory of Yugoslavia, and military and polices forces were sorely and necessary needed to state in war environment, so the prosecution of some of its members wouldn’t be particularly opportune. (Serbia until 1999 formally hasn’t participated in wars in Croatia and Bosnia and Herzegovina. But Serbia helped Serbian side materially, in men power and military technology through out conflicts led in those former Yugoslav republics). Warfare caused major human casualties and severe destruction. Serious crimes were committed, including those that could be subsumed under the category of crimes against humanity. Because of these events the International Criminal Tribunal for the Former Yugoslavia was established, based in The Hague. The tribunal deals with the processing of persons associated with crimes committed in these wars. In recent years, newly created states in the Balkan Peninsula criminally prosecute individuals suspected to have committed crimes during the war years. As I said, in the period concerned, in Serbia alone there was no conflict (if you exclude NATO member countries air strikes against Serbia and Montenegro in spring 1999). There were, however, sporadic crimes committed under the aegis of the state, which, unfortunately, ever after the change of government in 2000 were not fully resolved. (Murders of journalist Slavko Curuvija, a former politician Ivan Stambolic and the three opposition party leaders from the Serbian Renewal Movement). Through, by itself, a difficult period of transition and restoration of the capitalist social order, the Serbia entered additionally damaged by war and sanctions by the Country Report
conference “Crimes of the Communist Regimes“
24-26 February 2010, Prague
international community. Moral norms underlying social life were destroyed, a large number of young professionals leaving the country, and considerable number of young people turned to crime and various other socially unacceptable behavior. In this context, in the conditions of global economic and moral crisis and disorientation, it is difficult to talk about correcting the undoubted, but long ago committed injustices and violations that took place in the now non‐existent country ‐ Yugoslavia.