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| Rights Court Assails Russia Over Inquiry of 1940 Massacre | Rights Court Assails Russia Over Inquiry of 1940 Massacre |
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| LONDON — In the long-simmering and emotional debate over a notorious mass killing during World War II, the European Court of Human Rights ruled on Monday that Russia had failed to comply with its obligations to adequately investigate the massacre of 22,000 Polish officers by the Soviet secret police in 1940. | LONDON — In the long-simmering and emotional debate over a notorious mass killing during World War II, the European Court of Human Rights ruled on Monday that Russia had failed to comply with its obligations to adequately investigate the massacre of 22,000 Polish officers by the Soviet secret police in 1940. |
| The ruling by the court’s highest panel, the Grand Chamber, came after relatives of the victims complained that a lengthy Russian inquiry had been ineffective and the Russian authorities had displayed a dismissive attitude to requests for information about the event, known as the Katyn massacre, which occurred near Smolensk. | The ruling by the court’s highest panel, the Grand Chamber, came after relatives of the victims complained that a lengthy Russian inquiry had been ineffective and the Russian authorities had displayed a dismissive attitude to requests for information about the event, known as the Katyn massacre, which occurred near Smolensk. |
| The Grand Chamber ruled unanimously that “Russia had failed to comply with its obligation” under the European Human Rights Convention to “furnish necessary facilities for examination of the case,” according to a statement from the court in Strasbourg. | The Grand Chamber ruled unanimously that “Russia had failed to comply with its obligation” under the European Human Rights Convention to “furnish necessary facilities for examination of the case,” according to a statement from the court in Strasbourg. |
| The ruling confirmed in part a decision by a lower chamber made public in April 2012. But it differed from the earlier verdict by saying there had been no violation of Article 3 of the Human Rights Convention, which prohibits inhuman or degrading treatment as it relates to the suffering of families of “disappeared” people, subject to “a long period of alternating hope and despair.” | The ruling confirmed in part a decision by a lower chamber made public in April 2012. But it differed from the earlier verdict by saying there had been no violation of Article 3 of the Human Rights Convention, which prohibits inhuman or degrading treatment as it relates to the suffering of families of “disappeared” people, subject to “a long period of alternating hope and despair.” |
| In the Katyn case, the court’s jurisdiction only covered the period starting in May 1998, when the convention came into effect in Russia. “After that date,” the ruling said, “no lingering uncertainty as to the fate of Polish prisoners of war remained.” | In the Katyn case, the court’s jurisdiction only covered the period starting in May 1998, when the convention came into effect in Russia. “After that date,” the ruling said, “no lingering uncertainty as to the fate of Polish prisoners of war remained.” |
| The 2012 ruling said that Article 3 had been violated for 10 of the 15 Polish family members in the case. Both the 2012 finding and the ruling Monday said the European court had no jurisdiction to examine complaints in the case based on Article 2 of the convention, covering the right to life, because the massacre had taken place a decade before the convention became international law and 58 years before Russia acceded to it. | The 2012 ruling said that Article 3 had been violated for 10 of the 15 Polish family members in the case. Both the 2012 finding and the ruling Monday said the European court had no jurisdiction to examine complaints in the case based on Article 2 of the convention, covering the right to life, because the massacre had taken place a decade before the convention became international law and 58 years before Russia acceded to it. |
| That period of time was too long for a “genuine connection” to be established between the killings and Russia’s accession to the convention, the Grand Chamber ruled on Monday. It rejected an application for “just satisfaction,” its usual basis for awarding damages. | |
| The likely impact of the decision in Moscow seemed unclear. Russia acknowledged the responsibility of Soviet leaders for the massacre only in 1990, when military prosecutors opened a criminal investigation that was discontinued 14 years later. | The likely impact of the decision in Moscow seemed unclear. Russia acknowledged the responsibility of Soviet leaders for the massacre only in 1990, when military prosecutors opened a criminal investigation that was discontinued 14 years later. |
| At that time, military prosecutors classified 36 out of a total of 183 volumes of files relating to the investigation as “top secret.” The full text of the decision to end the investigation was also classified as a state secret. | At that time, military prosecutors classified 36 out of a total of 183 volumes of files relating to the investigation as “top secret.” The full text of the decision to end the investigation was also classified as a state secret. |
| In its ruling, the Grand Chamber said Russia had not offered a “substantive analysis” for maintaining the classified status of the decision. “The court was unable to accept that the submission of a copy of the September 2004 decision could have affected Russia’s national security,” the ruling said. | In its ruling, the Grand Chamber said Russia had not offered a “substantive analysis” for maintaining the classified status of the decision. “The court was unable to accept that the submission of a copy of the September 2004 decision could have affected Russia’s national security,” the ruling said. |
| The massacre has long haunted Russian-Polish relations, evoking memories even in far more recent times. | The massacre has long haunted Russian-Polish relations, evoking memories even in far more recent times. |
| In April 2010, for instance, the Polish president’s plane crashed over Smolensk, killing him and 95 other members of Poland’s political and military elite. The disaster tore at the country, but what added a harsh resonance was the fact that the high-profile delegation had been traveling to a commemoration of the Katyn massacre. | In April 2010, for instance, the Polish president’s plane crashed over Smolensk, killing him and 95 other members of Poland’s political and military elite. The disaster tore at the country, but what added a harsh resonance was the fact that the high-profile delegation had been traveling to a commemoration of the Katyn massacre. |
| In November 2010, the Russian Parliament approved a statement holding Stalin and other leaders responsible for the killings. | In November 2010, the Russian Parliament approved a statement holding Stalin and other leaders responsible for the killings. |
| Despite protests from Communist Parliament members, the State Duma acknowledged that archival material “not only unveils the scale of his horrific tragedy but also provides evidence that the Katyn crime was committed on direct orders from Stalin and other Soviet leaders.” | Despite protests from Communist Parliament members, the State Duma acknowledged that archival material “not only unveils the scale of his horrific tragedy but also provides evidence that the Katyn crime was committed on direct orders from Stalin and other Soviet leaders.” |