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Democratic Breakthroughs and Revolutions in Five Post-Communist ...

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23Deal<strong>in</strong>g with the previous regime has proven difficult <strong>in</strong> many transitioncountries, whether Spa<strong>in</strong> follow<strong>in</strong>g Franco, Chile follow<strong>in</strong>g Augusto P<strong>in</strong>ochet orGreece after the military junta. Most post-communist states never undertook lustrationor condemned communism. In most CIS states <strong>and</strong> some central European states theformer communist elites cont<strong>in</strong>ue to rule their countries after the collapse of theUSSR. Indeed, many senior leaders of democratic oppositions (i.e. Saakashvili,Yushchenko) were themselves former regime officials. Deal<strong>in</strong>g with the <strong>in</strong>herited pasthas pre-occupied <strong>and</strong> divided the democratic opposition <strong>in</strong> Serbia, Croatia <strong>and</strong>Ukra<strong>in</strong>e, but not <strong>in</strong> Slovakia <strong>and</strong> Georgia. The crimes <strong>and</strong> abuse of office committedby Meciar <strong>and</strong> Shevardnadze pale <strong>in</strong> comparison to those committed by Croatian,Serbian <strong>and</strong> Ukra<strong>in</strong>ian leaders.Shevardnadze <strong>and</strong> Kuchma were granted immunity dur<strong>in</strong>g their democraticrevolutions. This immunity deal would seem to have been extended to other Kuchmaera officials <strong>and</strong> no senior official has been put on trial. As Mason writes aboutGeorgia, ‘Arrest<strong>in</strong>g officials of the old regime <strong>and</strong> their cronies has been a hallmarkof Saakashvili’s tenure’. 16 Issues that divided the Orange Revolution coalition aftercom<strong>in</strong>g to power rested over deal<strong>in</strong>g with past abuse of office, the organizers of themurder of Gongadze, election fraud <strong>and</strong> whether to re-privatise enterprises fromoligarchs. Many members of Our Ukra<strong>in</strong>e, <strong>in</strong>clud<strong>in</strong>g Yushchenko, had been loyal toKuchma for seven of his ten years <strong>in</strong> office until 2001 <strong>and</strong> proved unwill<strong>in</strong>g to open<strong>in</strong>vestigations of former Kuchma regime officials. The unwill<strong>in</strong>gness to crim<strong>in</strong>allycharge the organizers of Gongadze’s murder <strong>and</strong> election fraud rests on secretprovisions of immunity granted dur<strong>in</strong>g round table negotiations <strong>in</strong> the OrangeRevolution. The issue of re-privatization divided Our Ukra<strong>in</strong>e, which opposed thesteps, <strong>and</strong> the Tymoshenko bloc, which supported such a policy. If re-privatization

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