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The Court Rules Against the Leadership of Bolshevist Totalitarian Regime for the Genocide in Ukraine in 1932-1933.
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14 January 2010

On January 13, 2010 Kyiv Court of Appeal tried a criminal case and made a ruling on the grounds laid out in part I, of article 442 (genocide) of the Criminal Code of Ukraine. The case was investigated by the Security Service of Ukraine on the mass extermination by famine of millions of Ukrainian peasants on the territory of the Ukrainian SSR in 1932-1933 orchestrated by the leadership of bolshevist totalitarian regime.

The court acknowledged the fact of Genocide, unveiled the mechanisms used for mass murder of peasants, and named the perpetrators of the crime – Joseph Stalin, Vyacheslav Molotov, Lazar Kaganovych, Pavel Postyshev, Stanislav Kosior, Vlas Chubar and Mendel Hataevych. These pursued their goal to suppress the national liberation movement in Ukraine and avoid the creation and formation of an independent state of Ukraine, during the period of 1932-1933. They artificially created living conditions aimed at the extermination of sectors of the Ukrainian population, i.e. deliberately organised this crime targeted at the Ukrainian national group.

The cumulative losses of Ukraine due to the Holodomor come up to 10 million 63 thousand people (3,941 thousand – dead, and 6,122 thousand – unborn).

The court also proclaimed that there was no grounds for rehabilitating Stalin, Molotov, Kaganovych, Postyshev, Kosior, Chubar, Hataevych since the pre-trial investigation proved that they had knowingly committed the crime, as determined under part I, of article 442 of the Criminal Code of Ukraine.

The Court confirmed that the investigation of the case was conducted appropriately and as a result had no hesitation in adopting the objective and legitimate decision to forward the case to the Kyiv Court of Appeal.

Taking into account the fact that the above mentioned  people were already deceased, the court closed the criminal case on the grounds laid out in part 1, of article 6 of the Criminal Code of Ukraine, i.e.  non rehabilitative circumstances.

In compliance with the national and international legislation currently in force, the court found the aforementioned people guilty for committing a crime against humanity. This crime, according to the UN Convention “On the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity” of November 26, 1968 (ratified by Ukraine on March 25, 1969) does not have a statutory limitation.

Thus, by the decision of the competent court and in accordance with the UN Convention “On the Prevention and Punishment of the Crime of Genocide” of December 9, 1948 the state of Ukraine has fulfilled its international obligations by taking the necessary measures on prevention of genocide and its consequent punishment.

 


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