Vassili Makarovich Kononov or Vasiliy Makarovich Kononov was the only Soviet partisan from World War II convicted of crimes against humanity for his role in the Mazie Bati killings, where posing as German Wehrmacht officers, Kononov led a unit into a Latvian village and killed 9 people, including three women, one in the late stages of pregnancy who was burned alive.(1 January 1923 – 31 March 2011) |
Mazie Bati
On 29 February 1944, Latvian villagers from Mazie Bati (Malye Baty) allowed 12 men from the Soviet reconnaissance-sabotage group to stay in their barns. The next day, at six in the morning, the Germans, who Kononov suspected the villagers of aiding, burned and machine-gunned the barns. All 12 partisans, including the leader Major Chugunov, his wife Antonina and their 7-month-old son, were killed.[3][4]On 27 May 1944, a detachment of the Soviet First Latvian Partisan Battalion led by Kononov staged a "counter operation" against the village of Mazie Bati. In this operation, 9 villagers were accused of being the "German auxiliaries" (the Latvian armed resistance against the Soviet occupation of Latvia sided with the German invaders in 1941) responsible for the prior incident. Kononov's men were sent to capture the 9 villagers pursuant to an ad-hoc Military Tribunal verdict.[5][6]
Kononov and his men conducted the operation wearing German Wehrmacht uniforms so as not to arouse the suspicion of the villagers. 9 villagers were killed, including three women, one in the late stages of pregnancy who was burned alive. Buildings were burned as well.[7][8]
War crime prosecution
Original conviction and dismissal
In July of 1998, original proceedings against Kononov were commenced by the Latvian Principal Public Prosecutor's Office, whereby in August of 1998 he was formally charged and ultimately indicted in December of 1998.[8] Kononov pleaded not guilty at the trial which began in January of 1999. Ample evidence of guilt was found by the court where Kononov was in violation of the Charter of the International Military Tribunal (“IMT”) Nuremberg, the Hague Convention (IV) 1907 and the Geneva Convention (IV) 1949.[8] He was found guilty and sentenced to six years imprisonment.[8]However, on April 25, 2000, the Criminal Affairs Division in Latvia overturned his conviction on the grounds that it was not clearly established whether Kononov was operating on occupied territory and whether he and his men could be considered combatants, as well as whether the villagers could be considered prisoners of war based on their armament by the Germans.[8] On June 27, 2000, the Supreme Court of Latvia dismissed the prosecutor's appeal, ultimately setting Kononov free.[8]
Second investigation and conviction
On May 17, 2001, Kononov was once again charged by the prosecutor's office following a fresh investigation. The deaths of six men the was deemed justifiable, but found the deaths of the three women deemed an act of banditry, in violation of the law, but ultimately barred by statute of limitations.[8] The prosecution appealed and on April 30, 2004, the decision of the lower court was overturned and Kononov was found guilty of war crimes, and subsequently jailed.[8] On September 28, 2004, the Supreme Court upheld the verdict of the court in dismissing Kononov's appeal.[8]Appeal to ECHR
On 19 June 2008,[9] Kononov's lawyer Mikhail Ioffe, announced that the European Court of Human Rights had overturned the Latvian court ruling. He also said that Kononov was seeking €5,187,000 in compensation for the two and a half years his client spent in a Latvian prison.[10][11]A press release published by the ECHR on 24 July 2008 revealed the Court's decision, establishing, by four votes to three, that the Kononov's case presented a violation of Article 7 (no retrospective punishment) of the European Convention on Human Rights. Kononov was awarded €30,000 in respect of non-pecuniary damage.[12]
On 14 October 2008, the government of Latvia decided to appeal the 24 July judgment.[13] On 9 February 2009, the case Kononov v. Latvia was referred to the Grand Chamber of the European Court of Human Rights.[14] In May, 2009, Lithuania has joined Latvia using its right to participate in the case.[15]
Final ruling
In May of 2010, the Grand Chamber ruled, by 14 votes to 3, that the case presented no violation of Article 7 ECHR.[16] Under the Hague Regulations of 1907, the court determined Kononov could be punished for failing to meet the regulation criteria, specifically, wearing German Wehrmact uniforms while carrying out the crimes. The court determined the execution of the villagers was in violation of established international law at the time, as Kononov was only entitled to arrest them, and his conviction was not barred by statute of limitations.[8]Support from Russia
At various times throughout the period of his prosecution for alleged war crimes, Kononov has received official support from the Government of Russia. In April 2000, immediately before judgement was to be handed down in his appeal with the Supreme Court of Latvia, he was offered citizenship of the Russian Federation by then president Vladimir Putin. Kononov accepted the offer, which entailed giving up his previously-held Latvian citizenship.[17] On the event of his 80th birthday in 2003, Kononov received personal greetings from the Russian President, delivered at a ceremony held in the Russian Embassy in Riga.[18]In the hearings of his case at the ECHR, Russia acted as a third party,[19] and on occasion publicly urged the Court to prioritise Kononov's case.[20]
Sergey Mironov, speaker of the Federation Council of Russia, has expressed hopes that President Dmitry Medvedev's Historical Truth Commission will also become involved in the Kononov case.[21]
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