KYIV - On May 22, 2009 the Security Service of Ukraine (SBU) launched a criminal case against the perpetrators of the Genocide in Ukraine in 1932-1933 under Article 442 Part 2 of the Criminal Code of Ukraine.
"The case was started in response to the appeals of the Head of the Ukrainian Institute of National Memory, Ihor Yukhnovsky, MPs Hryhoriy Omelchenko and Oleksandr Chernovolenko and numerous demands by Ukrainian citizens to investigate the evidence of genocide in Ukraine in 1932-1933," stated the SBU press center.
SBU, together with the Prosecutor General's Office and the Institute of National Memory, conducted an investigation which revealed that beginning in 1921 the Bolshevik regime "took active denationalization measures to prevent the formation of an independent Ukrainian state, turning it into an ordinary administrative unit of the USSR." In this regard, the Soviets organized forced collectivization, deported Ukrainian families and initiated many other measures that impoverished Ukrainian farmers.
"Illegal actions were aimed at destroying Ukrainians as a national entity through famine. Other nationalities were also affected," SBU officials said.
The SBU inquiry is based on eyewitness testimony of the events in Ukraine during the Holodomor of 1932-1933 as well as the review of declassified soviet archival documents.
“At the beginning this question was discussed in academic circles which organized numerous academic conferences and published documentation,” said Volodymyr Viatrovych, historian and director of SBU’s national archives. “The next phase was political which resulted in the adoption of a law by Ukraine’s Parliament. The third phase is now the legal step which has been initiated by SBU with the launch of a criminal action. We have eyewitness testimony, numerous documents, which will enable us to judge the events of 1932-33 from a legal perspective.”
During its investigation into the case, the Security Service of Ukraine was guided by national legislation and international conventions adopted by Ukraine, in particular, the UN Convention on the Prevention and Punishment of the Crime of Genocide, 1948, Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, 1968, as well as the European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950.
Article 7 of the Rome Statute of the International Criminal Court defines that crimes against humanity are officially designated to be: “acts, when committed as part of a widespread or systematic attack directed against any civilian population, in particular, extermination, deportation, forcible transfer of population, torture and/or other inhumane acts”.
While investigating the criminal case the Security Service of Ukraine will adhere strictly to the Criminal Code of Ukraine and to the Law of Ukraine “On Holodomor 1932-1933 in Ukraine” with which Ukraine’s parliament acknowledged that the Holodomor conformed to the criteria of a ‘purposeful act of mass killing of innocent victims’, in other words, genocide against the Ukrainian people.
Roman Krutsyk, director of the Kyiv-based association “Memorial”, points out that the opponents of such an action claim the absence of any direct evidence. “This in fact is true,” says Krutsyk. “There is no document which states that a genocide was committed. But there is indirect evidence – eyewitness testimonies – which must be legally documented in which case they become direct evidence.
“This issue must be resolved in the courts. This will then give the Ministry of Justice a basis for discussion with other countries with the ultimate goal being the adoption of a resolution by the UN in which the Holodomor is classified as an act of genocide against the Ukrainian nation,” concluded Krutsyk
During a meeting with representatives of the Ukrainian World Congress on May 25, SBU Head Valentyn Nalyvaichenko informed the delegation of the Security Service’s action. He expressed his gratitude to all Ukrainian organizations in the diaspora for contributing to the international effort of raising Holodomor awareness and bringing to light the committed crimes. Nalyvaichenko extended a request through the Congress for the participation of foreign lawyers in this case.
Secretary General of the Congress, Stefan Romaniw, said that Ukrainian communities around the world welcome this step considering it great progress in achieving historical justice.
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