„Memorial” appeals over Katyń allowed

The Presidium of the Moscow City Court has allowed eight nadzornaya appeals [these are appeals over rulings which have come into force] put forward by „Memorial”.  They were against the rulings by the Khamovnychesky District Court in Moscow of 15, 16 and 19 February 2007 and the Civil Proceedings Court Pannel of the same Moscow City Court from 22 May 2007 to refuse to examine eight applications. In these „Memorial” asked that the court order the Chief Military Prosecutor’s Office to carry out the law of the Russian Federation “On the rehabilitation of victims of political repression”. 

Since May 2006 the International Society “Memorial” has been seeking recognition that the Polish prisoners of war and prisoners executed without trial by the NKVD in April and May 1940 on the decision of the Soviet Politburo on 5 March 1940 were victims of political repression.

At the first stage applications were sent to the Chief Military Prosecutor’s Office calling for the rehabilitation of 16 people – Polish prisoners of the Kozielsk and Ostashkovsk Prisoner of War Camps, shot in Katyń, near Smolensk and in Kalinin (now Tver).

In ten letters from 7 November 2006 the Chief Military Prosecutor’s Office [CMPO] refused to consider the substance of these applications. On 6 February “Memorial” filed ten applications to have the answers from the CMPO declared unlawful with the Khamovnychesky District Court in Moscow. “Memorial” asked that the court order CMPO to comply with the Law of the RF “On the rehabilitation of victims of political repression”, by either issuing rehabilitation documentation or drawing up a conclusion on their refusal to grant this and to send it to the court, as required by Article 8 of the Law.

Over three days on 15, 16 and 19 February 2007, the Khamovnychesky District Court turned down these applications..

On 9 March 2007 “Memorial” lodged ten private appeals against this ruling with the Moscow City Court.

On 22 May 2007 the court panel on civil cases of the cassation section of the Moscow City Court, rejected “Memorial”’s appeals.

The Moscow City Court judges thus confirmed the position taken by the Khamovnychesky District Court, this being that the International Society “Memorial”, being a civic organization, while having the right to apply to State bodies to have individuals declared victims of political repression, does not have the right to appeal through the courts against refusals to grant such applications!

The Khamovnychesky District Court must now accept the applications from „Memorial” to have the responses of the Chief Military Prosecutor’s Office in refusing to consider the appeals to rehabilitate 16 people of the Katyń Massacre declared illegal.

New information from www.hro1.org