Tuesday, February 14, 2012


Features

In Georgia, Crimes Of The Past Haunt The Present

Klaus Kiladze, seen at home in Tbilisi, hopes the verdict encourages other Georgian victims of repression to seek redress.
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By Salome Asatiani, Claire Bigg
Klaus and Yury Kiladze had to wait more than 70 years to see justice served for the repression of their family under Soviet dictator Josef Stalin.

This week, the European Court of Human Rights found Georgia guilty of denying the brothers financial compensation and ordered authorities to pay them 4,000 euros ($5,560) each.

The landmark judgment, the first of its kind in Georgia, raises difficult questions about who should be held accountable for Soviet crimes -- Russia, the Soviet Union's legal heir, or the descendants of the local governments that once acted at Moscow's orders.

Klaus Kiladze, for one, hopes his legal victory will encourage other repression victims in Georgia to seek redress against their own country.

"The actual victims are probably no longer among us," he says. "It is their children who are still alive, and they might benefit. But from those who fell victim to [the brutal events of] 1937, almost nobody has survived to this day -- just a handful, probably."

Kiladze is now 83 years old. His father was executed at the height of Stalin's Great Terror and his mother was sent to a gulag camp. The family's flat in Tbilisi was confiscated, along with all of their belongings.

The two brothers were separated from their remaining relatives and taken to an orphanage in Russia, which Kiladze describes as cramped and dirty.

"My mother was arrested as a member of traitor's family and was sentenced to eight years. I was 11, my brother was 9," he recalls. "First they took us to a children's center in Tbilisi; we spent around 20 days there. We were then transferred to the North Caucasus, to a special orphanage. Our grandmother tried very hard, and managed to get us out of there two years later."

Kiladze's mother survived the gulag and made it safely back to Georgia. She and her late husband were rehabilitated in the 1950s following Stalin's death. The Kiladzes were officially recognized as victims of political repression in 1998, seven years after the Soviet Union's collapse.

Josef Stalin
In 2005, Klaus and Yury sought compensation for moral and financial damages under a 1997 Georgian law on the protection of repressed people. In the aftermath of the Soviet collapse, many countries in the region adopted similar legislation in an effort to come to terms with communist-era crimes.

But Georgian courts rejected their claims, saying Georgia had not yet adopted additional legislation needed to calculate the sums allocated to repression victims. That's when they turned to the European Court of Human Rights, based in the French city of Strasbourg.

Many, Many More

On a personal level, the court's decision represents long-sought moral and financial relief for the Kiladze brothers.

But the ruling potentially has far broader significance. As part of the Kiladze ruling, the court ordered the Georgian government to pass the stalled legislation swiftly and fill the "legislative void" that has prevented elderly victims like the Kiladzes from receiving rightful compensation during their lifetime.

"What is important -- very, very important -- is that the court specifically says in this judgment that the government must now bring into force this law and must therefore also have a sufficient budget, have the funds available to enforce this law," says Philip Leach, a lawyer for the London-based European Human Rights Advocacy Center, which helped the Kiladzes file their complaint in Strasbourg.

The ruling, which is binding, could have considerable consequences for Georgia, where the government estimates there are as many as 16,000 people who may be entitled to compensation for Soviet-era crimes.

Tina Burjaliani, Georgia's first deputy minister of justice, says her country has honored past rulings at the Strasbourg court, and that this case will be no exception.

But she voices regret that Russia's role in the repressions against the Kiladze family was left out of the ruling.

"I am not going to discuss whether or not Russia should have been held responsible," she says. "The complaint was filed against Georgia, and the court was not in a position to broaden the circle of the defendants. There is no procedure for this. It would probably have been better if the lawyers who worked with the plaintiffs had thought about this."

Shared Responsibility

The court's judgment is likely to anger many Georgians who say Georgia was forcibly occupied and consider Russia the perpetrator of Soviet-era crimes.

Mikheil Saakashvili's government has contributed to promoting this view by opening a state-funded Soviet occupation museum in Tbilisi and removing symbols of Soviet times.

Many other Georgians, however, say Georgians shared in the responsibility for abuses committed in the name of communism.

Tamar Khidasheli heads the Georgian Young Lawyers' Association, an NGO that helped Klaus and Yury Kiladze file their case in Strasbourg.

She says the ruling will force Georgia to confront its Soviet past.

"The Georgian state assumed responsibility when it adopted the 1997 law," she says. "Georgia was indeed a part of the Soviet Union, but let's not forget that the political repressions were carried out by Georgia's own ruling circles. Yes, the orders often came from Moscow, but I don't think this was always the case."
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Comment Sorting
Comments
     
by: komrad Borz from: Chechnya
February 05, 2010 08:49
Georgia needs to acknowledge its role in the USSR, Stalin, Beria are just two instruments in the repressive apparatus. Their role was instrumental in deportation of Chechens to Kazakstan. Georgia was far less a victim than other Caucasian nationalities, precisely because top Soviet leadership saw Georgia in a favourable light, and saw a historical opportunity for revenge against other groups. If any people deserve compensation it is Chechens, Kalmyks, Russians, Ukrainians and the list is endless.

by: J from: US
February 06, 2010 00:24
You must be kiddin'. Georgians are not the victims here but the perpetrators, something known to everybody. How many innocent Russians and Belorussians died because of Jughashvili?

by: Jean-Marie from: Beograd, Serbia
February 08, 2010 14:44
Don't forget Beria repressed the 1924 Georgian nationalist uprising, which led to 10,000 executions. Jughashvili/Stalin played a decisive role in the 1921 Red Army invasion of Georgia and the repression that followed. Stalin advocated Russian centralism, not Georgian nationalism. This story is not about the "mean" Georgians against the others but about a Soviet machine (where criminals of various nationalities could emerge) crushing victims of all nationalities, Georgians among others. The idea of a whole people being criminal is irresponsible and fuels hatred and potential new crimes.

by: lasha from: tbilisi
February 09, 2010 19:01
I thinck every country is resposible for crimes what happend in the past (Soviet-era). It dosn't matter they were occupied or joined freely. If it is not so eweryone will be innocent.

by: Andrew from: Auckland
February 10, 2010 11:09
What J forgets is that the Russian murder machine in the form of the communist party began with Russians (Lenin, Dzerzhinsnky, Trotsky etc) well before Stalin came to power, and continued even under Stalin at the hands of Russians such as Yhezov and Yagoda.

The Georgians were one of the most heavily repressed of the Soviet republics under Stalin, and the only reason the population was not deported after WW2, along with the Chechens and Ingush, was due to the logistical problems involved.

Nor did the mass murder finish with Stalin, but continued with Kruschev, Brezhnev, Andropov etc all the way until Gorbachev shut it down.

The USSR was a Russian imperial project, just look at Russification, of which Stalin was a great supporter despite his Caucasian origins, his mother was an ethnic Georgian, and his father an ethnic Ossetian.

Also note that Stalin is far more popular today in Russia than he is in Georgia.

by: J from: US
February 11, 2010 02:55
First I hear that Jughashvili was Ossetian (their names don't have this ending; Gergiev for example). I just want to say that it is OK for Latvians or Lithuanians to make moves like this. But Georgians pretending they were like Latvians minding their own business when Soviets descended?Copycat action.

by: Andrew from: Auckland
February 17, 2010 10:45
J, given your obvious lack of understanding of the region, I will spell it out for you.

Dzhughashvili is a "Georgianised: Ossetian name Dzugha being an Ossetian word for "pack" or herd. (ie wolf pack).

It was "Georgianised" by adding the shvili suffix (son of), in much the same way that Ossetian names in north Ossetia have been "Russianized"

Visit any school in North Ossetia or South Ossetia and you will still see Stalin lauded as the "Great Ossetian", in fact there are more statues of Stalin in North and South Ossetia than the rest of the world combined.

The simple fact of the matter was that the independant (and democratic) republic of Georgia was invaded by Russia in 1921, and subjected to decades of repression.

Get an education please J.

by: Emil
February 19, 2010 16:58
I see, some readers still believe in the Blood and Soil Theory: an Ossetian is an Ossetian, it's a medical fact, important for understanding modern history. Allaverdy to Alfred Rosenberg.
I wonder why the moderator publishes the statements like 'Georgians are perpetrators because Jugashvili was Georgian'. Doesn't it smell of Volkischer Beobachter, too?
Yes, friends, in Georgia the repressions were rather fierce. Not because of Stalin's or Beria's ethnicity, but maybe partly because both had a lot of old rivals and personal enemies here and did their best to mow clean their near and distant relations, subordinates and clientage. As to the number of the repressed, I have seen the figure 100,000 (not a small one for such a small country), which does not include the Meskhetians (another 100,000) and others deported on the basis of ethnicity. Sorry I cannot verify it.

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