在“népbíróságok”之前的katyski:匈牙利人民法院如何掩盖屠杀波兰军官的真相

A. Gubrynowicz
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引用次数: 0

摘要

由于匈牙利人民法院(népbíróságok)在与katyski有关的事项上的司法实践仍然相对未知,本文的目的是解决这一历史(以及法律)研究领域的问题。它的重点是通过详细分析针对匈牙利主要战犯的一些最引人注目的案件来展示问题的总体概况。它试图解释这些诉讼在抹杀对卡廷奇的记忆的政策中所起的作用,以及为什么战前统治精英的成员因其与卡廷奇大屠杀有关的活动而受到指控。此外,本文试图说明这些指控在对匈牙利主要战犯的诉讼中是多么重要。当被告被指控Katyń-related问题时,援引的法律依据是什么?人民法院是如何处理这些指控的?最后,苏联在整个过程中最终扮演了什么角色(如果有的话)?由于所研究的问题处于历史和法律的十字路口(因为在其内容中提到katyski的法律判决是分析的中心),所使用的方法将传统上用于历史研究的过程与标准的法律解释工具结合起来。本文将这两种方法结合起来,通过司法视角分析对象,将所审查的法律程序的结果置于更广泛的历史背景中,使人们能够注意到20世纪40年代中期人民法院对苏联的封锁所产生的遗产。该条认为,在诉讼过程和判决中,对katyski问题的讨论只是在基本考虑的边缘。此外,在目前的科学发展阶段,没有证据表明苏联对匈牙利司法机构施加了任何压力,至少在与katyski有关的事项方面是如此。他们也没有兴趣利用匈牙利司法渠道来实现他们自己的特定Katyń-related目标,更没有兴趣利用这些渠道作为论坛,将他们未能将这一罪行的责任归咎于纽伦堡的纳粹分子。因此,népbíróságok之前的Katyń-related案件似乎完全是面向国内的,它们的目标从来没有超出在匈牙利社会中消除对katyski的记忆的工具之一。尽管如此,它们还是产生了一些具体的社会影响。首先,由于刑事起诉只是为消除匈牙利对katyski的记忆而采取的众多手段之一,它们的威慑或劝阻作用(尤其是在斯大林时代)不应被低估。第二,通过将卡廷奇事件置于反犹主义罪行的背景下,一些被告因此被判处死刑,人民法院留下的遗产使苏联谋杀波兰军官的过程与纳粹/箭十字的其他宣传的分离过程戏剧性地复杂化。这种混乱使卡廷奇悲剧成为讨论人民法院角色的人质。最后,由于下面的分析仅限于匈牙利主要战犯的一些最引人注目的案件,本文仅起指示作用。因此,撇开这些结论不谈,人们不应忘记,还有许多其他问题(例如,因“katyski宣传”而被判刑或以其他方式受到惩罚的人数,与其他中东欧国家类似程序的比较方法)仍有待进一步研究。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Katyń before the “népbíróságok”: How the Hungarian people’s courts surpressed the truth on the massacre of Polish officers
As the judicial practice of the Hungarian people’s courts (népbíróságok) in matters related to Katyń remains relatively unknown, this article’s objective is to address this area of historical (as well as legal) research. It focuses on demonstrating general outlines of the problem by a detailed analysis of some of the most notable cases against Hungarian major war criminals. It seeks to explain the role these proceedings played within the the policy of obliterating the memory of Katyń and why the members of pre-war ruling elite were charged on the grounds of their activities concerning the Katyń massacre. Furthermore, this article attempts to demonstrate in what way these accusations were important in proceedings against major Hungarian war criminals. What was the legal basis invoked whenever the defendants were accused of Katyń-related issues? How did the People’s Courts handle these charges? And finally, what (if any) was the eventual role of the Soviets in the proceedings? As the matter under examination lies at the crossroads of history and law (as legal judgments that mentioned Katyń in their content are the center of the analysis), the methodology used compiles the process traditionally used in historical research with standard legal interpretation tools. Combining both methods while analyzing the object through the lens of the judiciary perspective, this article places the outcomes of the examined legal proceedings in a broader historical context that allows noticing the legacies produced by People’s Courts sealing the Soviet lies in mid 1940s. This article posits that during proceedings and in judgments, Katyń was only discussed at the margins of primary considerations. Besides, at the current stage of scientific development, there’s a lack of evidence that the Soviets exerted any pressures on the Hungarian judiciary, at least in the aspects concerning matters related to Katyń. Neither were they interested in using Hungarian judiciary channels to pursue their own specific Katyń-related goals, still less to use them as a tribune to minimize their failure in attributing the responsibility for this crime to the Nazis in Nuremberg. It seems, therefore, that Katyń-related cases before the népbíróságok were solely intra-domestically oriented, and their goals never went beyond one of the instruments of obliterating the memory of Katyń within Hungarian society. Still, they produced some concrete social effects nonetheless. Firstly, as the criminal prosecutions were just only one of the plethora of instruments set in motion to eradicate the memory about Katyń in Hungary, their deterrent or dissuasive effect (especially during the Stalinist era) should not be underestimated. Secondly, by placing Katyń within the context of the antisemitic crimes for which some of the defendants were sentenced to death, the legacy left by the People’s Courts dramatically complicated the decoupling process of the Soviet murder of Polish officers from the rest of Nazi/Arrow Cross propaganda. This confusion makes the Katyń tragedy a hostage of the discussion on the People’s Court’s role as such. Finally, as the analysis below is limited to some most notable cases of Hungarian major war criminals, this article plays only an indicatory role. Therefore, setting aside these conclusions, one should not forget that many additional questions (e.g. the total number of people sentenced or otherwise punished for “Katyń propaganda,” comparative approaches with similar processes in other East-Central European states) still beg further research.
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