Final Report of the International Commission on the - Minority Rights ...

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o<strong>the</strong>rs. All were to die in prison. In almost all <strong>the</strong> acts <strong>of</strong> indictment in <strong>the</strong> trials <strong>of</strong> <strong>the</strong> war criminals <strong>the</strong>re were references that emphasized <strong>the</strong> fact that <strong>the</strong> Antonescu’s regime was sustained by <strong>the</strong> active support <strong>of</strong> <strong>the</strong> “landlords, bankers, and factory owners.” For example, <strong>the</strong> indictment documents <strong>of</strong> <strong>the</strong> Iasi pogrom stated, “Fascism subjugated <strong>the</strong> interests <strong>of</strong> <strong>the</strong> Romanian people to <strong>the</strong> interests <strong>of</strong> <strong>the</strong> groups <strong>of</strong> landowners and bankers, and dragged Romania into <strong>the</strong> criminal war on <strong>the</strong> side <strong>of</strong> Hitler.” The court uncovered an entire network <strong>of</strong> resistance to Antonescu’s regime, consisting <strong>of</strong> Communists, workers, peasants, and so-called democratic forces. However, in fact, such a network did not exist, since Antonescu’s regime enjoyed <strong>the</strong> tacit support <strong>of</strong> most Romanians, it did not use terror against its Romanian citizens, it had no SS-type organization, and it did not place ethnic Romanian citizens in concentration camps. Moreover, during <strong>the</strong> period in question, <strong>the</strong> Communist party did not exceed a few hundred members, most <strong>of</strong> <strong>the</strong>m <strong>of</strong> non-Romanian, and <strong>the</strong> fear <strong>of</strong> Soviet occupation was always greater than <strong>the</strong> fear <strong>of</strong> Nazi Germany. In conclusion, <strong>the</strong> Soviet occupation and <strong>the</strong> Communist regime imposed on Romania prevented a real debate on Romanian fascism and on Antonescu’s regime, or on <strong>the</strong> defects <strong>of</strong> Romanian society and its values. So, any national catharsis was <strong>the</strong>reby prevented. In retrospect it seems that, with Antonescu’s downfall, <strong>the</strong> Romanians would have been ready and willing to re-adopt <strong>the</strong> Western democratic values that <strong>the</strong> Romanian fascists had so despised, in <strong>the</strong> understanding that <strong>the</strong>y suited Romanian interests, preferences, and culture and because Romania was favorably prejudiced towards <strong>the</strong> West. Antonescu’s regime, like that <strong>of</strong> Nazi Germany (albeit to a far lesser extent) sacrificed <strong>the</strong> principles <strong>of</strong> European civilization and elementary notions <strong>of</strong> humanity, and violated international law. In doing so it prompted Romania to a moral regression that is felt in <strong>the</strong> attitudes towards <strong>the</strong> postwar trials as manifested after 1989. The Trials <strong>of</strong> <strong>the</strong> War Criminals and <strong>the</strong> Holocaust At <strong>the</strong> end <strong>of</strong> <strong>the</strong> 1940s and early 1950s, several years after <strong>the</strong> cessation <strong>of</strong> <strong>the</strong> activities <strong>of</strong> <strong>the</strong> Peoples’ Courts, a new set <strong>of</strong> trials <strong>of</strong> accused <strong>of</strong> war crimes took place. In <strong>the</strong>se trials <strong>the</strong> legal basis was <strong>the</strong> Penal Code. For example, in <strong>the</strong> case <strong>of</strong> <strong>the</strong> accused Caraca Nicolae, <strong>the</strong> legal basis for his indictment is evident: in sentence no. 28 from January 24, 1947, <strong>the</strong> Military Court <strong>of</strong> Region 2 sentenced <strong>the</strong> accused Caracas Nicolae to twenty years <strong>of</strong> hard detention for a crime punished under article 193/1, and <strong>the</strong> confiscation <strong>of</strong> property. The Military Tribunal accused Caracas <strong>of</strong> <strong>the</strong> following: Between July 21, 1941, and March 1942, Caracas Nicolae, ex-colonel <strong>of</strong> <strong>the</strong> Gendarmerie, served as Commander <strong>of</strong> <strong>the</strong> Lupasna Gendarmerie Battalion. 1. In this capacity, before entering Bessarabia with his units, gave orders that Jews and political suspects be shot. 2. Ordered by <strong>the</strong> accused, in <strong>the</strong> village <strong>of</strong> Valea Mare, <strong>the</strong> gendarmes shot a forester by <strong>the</strong> name <strong>of</strong> Ion, suspected <strong>of</strong> spying. 3. In Calarasi (in Bessarabia), <strong>the</strong> accused gave orders for <strong>the</strong> execution <strong>of</strong> Jews and suspects. The executions were carried out by Sgt. Saptebani Nicolae, <strong>the</strong> chief <strong>of</strong> <strong>the</strong> Gendarmerie section in Calarasi, by Sgt. Vacaru Constantin, by Sgt. Maj. Mocanu Serghie and o<strong>the</strong>r gendarmes <strong>of</strong> <strong>the</strong> forces. To this four more charges were presented against <strong>the</strong> accused. The ex-colonel <strong>of</strong> <strong>the</strong> Gendarmerie denied all <strong>the</strong> charges against him. Moreover, he claimed that <strong>the</strong> order to execute <strong>the</strong> Jews in Bessarabia was given by General Vasiliu, <strong>the</strong> Governor <strong>of</strong> Bessarabia, in Roman, when <strong>the</strong> gendarmerie forces about to cross <strong>the</strong> Prut River were given <strong>the</strong>ir instructions. The reference is to <strong>the</strong> well-known order by General Vasiliu to “cleanse <strong>the</strong> land.” The whole trial consisted <strong>of</strong> <strong>the</strong> testimonies and counter-statement by witnesses for <strong>the</strong> prosecution and <strong>the</strong> defense. The accused rejected accusations <strong>of</strong> crimes against Jews claiming, “We are not contesting that <strong>the</strong>re were executions <strong>of</strong> Jews, but from <strong>the</strong> administrative evidence
it is evident that <strong>the</strong>se executions were not carried out by gendarmes, but by armed forces which occupied <strong>the</strong> territory, and <strong>the</strong> more, not by <strong>the</strong> orders <strong>of</strong> <strong>the</strong> defendant.” The tendency <strong>of</strong> <strong>the</strong> accused from <strong>the</strong> gendarmerie was to lay all responsibility <strong>of</strong> <strong>the</strong> crimes against <strong>the</strong> Jewish population on <strong>the</strong> army. Through <strong>the</strong> dossiers <strong>of</strong> <strong>the</strong> accused from <strong>the</strong> gendarmerie this pattern is evident; <strong>the</strong>y tried to make <strong>the</strong> Romanian army culpable by claiming that <strong>the</strong> Jews passing through localities in Bessarabia on <strong>the</strong> way to Transnistria were guarded and were under <strong>the</strong> responsibility <strong>of</strong> <strong>the</strong> military. Former Major Brotea Dumitru, <strong>the</strong> second person charged at leading <strong>the</strong> Gendarmerie unit in Lapusna, revealed during his trial a significant detail; namely, that Col. Caracas Nicolae was questioned already in 1941 for crimes against Jews. “Around November 1941, an inhabitant <strong>of</strong> Calarasi, named Gavrilita, made a charge at <strong>the</strong> Chisinau Martial Court, against Sgt. Maj. <strong>of</strong> <strong>the</strong> gendarmerie Saptebani from <strong>the</strong> Lapusna unit, <strong>the</strong> chief <strong>of</strong> <strong>the</strong> Calarasi unit, in which it was charged that this NCO, toge<strong>the</strong>r with local guards, shot an elderly Jewish woman, robbed her <strong>of</strong> her two suitcases carrying belongings and jewelry.” An inquiry made at <strong>the</strong> time revealed that Saptebani recognized <strong>the</strong> murder <strong>of</strong> Jewish woman, but claimed it was on <strong>the</strong> orders <strong>of</strong> Colonel Caracas. Fur<strong>the</strong>rmore, it was claimed that Ion Antonescu and Constantin Vasiliu were given details <strong>of</strong> a series <strong>of</strong> abuses committed by <strong>the</strong> gendarmerie forces under <strong>the</strong> command <strong>of</strong> Colonel Caracas, as a result <strong>of</strong> which he was moved from <strong>the</strong> command in Lapusna to Teleorman. It is true that from <strong>the</strong> this “witness testimony” it is not clear whe<strong>the</strong>r <strong>the</strong> complaints presented to Antonescu about Colonel Calaras’ behavior included his attitude towards Jews, but it could be a possibility. In <strong>the</strong> archival dossier <strong>of</strong> <strong>the</strong> case <strong>the</strong>re is a memorandum by Caracas Nicolae, in which he opposes his trial held in 1947, since he claimed that a 1945 inquiry regarding <strong>the</strong> same charges had found him not guilty. He wrote that in 1945, without being arrested “even for a moment,” <strong>the</strong> inquiry had found him to be not guilty. However, he was arrested in September 1947. These aspects are mentioned because <strong>the</strong>y may serve as arguments in favor <strong>of</strong> those who are promoting <strong>the</strong> juridical rehabilitation <strong>of</strong> those convicted <strong>of</strong> war crimes. Such cases must be clarified because sooner or later <strong>the</strong>re may occur situations in which persons directly implicated in <strong>the</strong> Holocaust may be judicially cleared due to misconduct at <strong>the</strong>ir trial. Once clearance and rehabilitation is given, it is almost impossible to annul <strong>the</strong>m. Prosecutor General Ilie Botos referred to such cases in July 2004— cases related to crimes against humanity. Ano<strong>the</strong>r important trial was that <strong>of</strong> Lt. Col. (rs.) Iliescu Dumitru, former Commander <strong>of</strong> <strong>the</strong> Gendarmerie Legion at Soroca, held at <strong>the</strong> Criminal Court S, in Bucharest, held in file no. 1939/1948. The charge was that by his order and knowledge, 200 Jews were massacred en masse in Soroca County in 1941. The charges were rejected by <strong>the</strong> accused with <strong>the</strong> argument that <strong>the</strong> Jews passing through Soroca were under <strong>the</strong> responsibility <strong>of</strong> <strong>the</strong> Romanian army. The gendarmerie was responsible for <strong>the</strong> public order and <strong>the</strong> security <strong>of</strong> local inhabitants, and had no responsibility over <strong>the</strong> fate <strong>of</strong> <strong>the</strong> Jews. Using similar arguments, this was usually <strong>the</strong> claim in <strong>the</strong> trials <strong>of</strong> <strong>of</strong>ficers and NCOs <strong>of</strong> <strong>the</strong> gendarmerie. File no. 218/948 <strong>of</strong> <strong>the</strong> Bucharest Court, War Criminals, deals with <strong>the</strong> case <strong>of</strong> a private person who used <strong>the</strong> political atmosphere to express his hatred toward Jews. In this case a civilian could exercise his most primitive mentality and attitude. The acts <strong>of</strong> indictment prepared by prosecutor Nicolae Vladescu stated <strong>the</strong> following: Rusu Vladimir, age 33, clerk by pr<strong>of</strong>ession, last address in Dorohoi….in preventive custody in Vacaresti penitentiary….The accused Rusu Vladimir, in July 1941 was in <strong>the</strong> township <strong>of</strong> Sadagura, Cernauti [Czernowitz] County. Following <strong>the</strong> withdrawal <strong>of</strong> <strong>the</strong> Soviet troops from <strong>the</strong> Cernauti area, <strong>the</strong> accused, took control <strong>of</strong> police activities in <strong>the</strong> locality before <strong>the</strong> entry <strong>of</strong> <strong>the</strong> Romanian troops. On his
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Final Repo
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Germany’s war against the
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which includes reputed experts led
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BACKGROUND AND PRECURSORS TO THE HO
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against which antisemites in <stron
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declaring in the p
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them. Thus, he con
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We must organize ourselves for a wa
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ureaucracy of wart
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this direction by Nicolae C. Paules
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promising leader of</strong
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organized a tariff and tax strike.
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Legion of
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less so in Romanian society as a wh
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This ambiguous, self-contradictory
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The Gigurtu government began to con
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The Case of Român
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Cuza’s argument that it is possib
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Românesc,” Sociologie Româneasc
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ole in the early 1
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European states, notably Romania an
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Germany's immediate interests at <s
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eligious communities, the</
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counterpart, “when [he] first met
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de Istorie şi Arheologie, “A. D.
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Romania. Muler to Luthe</st
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demands on territorial revisions an
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military mission to come to Romania
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High Command, informing the
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The Jews and the R
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Romanian army. Thus, in Ciudei in <
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antisemitism in Romanian society an
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Ibid., fond Micro-films, roll I.II,
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manifestations of
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power, as this power colonized West
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attraction, many Jews resettled in
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to defend itself; hence its support
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about the Holocaus
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Nichifor Crainic, “Dupa douazeci
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Isaia Tolan, “Revizuirea incetate
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X. Y. Z., “Rezolvarea problemei e
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andom searches and arrests, robberi
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Bucharest Prefectura. Almost two th
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epression was not ordered by Antone
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from villages and small towns. On J
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accident; it was contrived by <stro
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The second train to leave Iasi for
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care of th
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"premilitary," were also placed at
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according to the o
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Tighina Agreement On August 30, Tra
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elieved Transnistria would be occup
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the 331,000 Ukrain
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those inside to take the</s
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[longer] move.” After several wee
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eappear a few seconds later and sig
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operation and that “some
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Bukovina and Bessarabia. Einsatzkom
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other things, <str
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Berezovka district and burn <strong
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them in exchange f
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transport of 2,000
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Bulgarian, Turkish, Italian, or Swi
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were at least 122,000 Jews. Bukovin
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Wilhelm Hoettl, The Secret Front: T
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Ancel, Documents, vol. 2: no. 136,
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Carp, Cartea neagra, vol. 3: pp. 30
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Gosudartsveni Archiv Odeskoi Oblast
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Cable from the Mil
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1-1087, p. 114; list of</st
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Ibid. “Rezolvarea problemei evrei
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child’s birth, would be considere
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Indeed, the system
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Romanianization instead of<
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The Cultural Ghettoization
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The Status of Jewi
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give up any radios able to send and
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Conclusions The anti-Jewish legisla
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L.A., no. 99, p. 344. Trei ani de g
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moral, social, and intellectual nee
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gradually, in reality the</
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except being defined as a Jew. I be
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egulate and authorize, under <stron
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y Lecca: Jews were privileged, and
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through the activi
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oth as a cry of re
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After coming to power, the<
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and then to send <
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their non-evacuate
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villages of <stron
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Return of Roma Sur
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(in many cases, the</strong
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in Romania. History and Contemporar
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THE ROLE OF ION ANTONESCU IN THE PL
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December 16, 1941, meeting
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me from carrying out the</s
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did not do it because…the
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more ironically, this leader’s wa
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THE HOLOCAUST IN NORTHERN TRANSYLVA
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Others 22 968 Magy
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ultimatum but also consented to <st
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military, political, and psychologi
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Page 215 and 216: deportation trains per day. While E
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Page 223 and 224: Bözödújfalu Bezidu Nou Budfalva
Page 225 and 226: Nagysajó Şieu (Bistrita-Nasaud Co
Page 227 and 228: (Indictment of Naz
Page 229 and 230: Randolph L. Braham, comp. and ed. (
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Page 235 and 236: still alive in the
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Page 239 and 240: We have been informed that various
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Page 243 and 244: Mitropolit pleaded with Mihai Anton
Page 245 and 246: Pozdnyakova, Yefrosiniya Starostina
Page 247 and 248: Ibid., pp. 224-225. Ibid., pp. 46-4
Page 249 and 250: the examined cases
Page 251 and 252: escape with negligible punishment;
Page 253 and 254: immense scale, enslaved millions <s
Page 255: means. The “ethnic Christian stat
Page 259 and 260: face să pară evident că victimel
Page 261 and 262: viaţă, 100 milioane lei amendă
Page 263 and 264: Articolul 15 al Convenţiei de armi
Page 265 and 266: members accepted as authoritative s
Page 267 and 268: camp in January 1945, for several m
Page 269 and 270: Beginning in the 1
Page 271 and 272: such access was strictly supervised
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Page 277 and 278: lucrative Jewish business ever,”
Page 279 and 280: deaths of thousand
Page 281 and 282: Treptow who was residing in Romania
Page 283 and 284: Finally, it must b
Page 285 and 286: A.) Integral Negationism Although <
Page 287 and 288: other genocides re
Page 289 and 290: mankind, such as wars; the<
Page 291 and 292: age of 44, only on
Page 293 and 294: After deploring the</strong
Page 295 and 296: Michael Shafir, “Ex Occidente Obs
Page 297 and 298: See, for example, Giurescu who make
Page 299 and 300: Randolph L. Braham, Romanian Nation
Page 301 and 302: Mediafax, March 18, 2002, Monitorul
Page 303 and 304: See Ibidem, pp. 3, 54-55. Ibidem, p
Page 305 and 306: Radu Theodoru, Mareşalul, Editura
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egained from the U
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was a record of an
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secondary school use. Those institu
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including erecting statues, mountin
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