Post Communist Transitional Justice

Explores how the former communist regimes of Central and Eastern Europe have grappled with the serious human rights violations of past regimes.

This is the first volume to overview the complex Romanian transitional justice effort, detail the political negotiations that have led to the adoption and implementation of relevant legislation, and assess these processes in terms of their timing, sequencing, and impact on democratization.

During the last two decades, the countries of Eastern Europe and the former Soviet Union have attempted to address the numerous human rights abuses that characterized the decades of communist rule. This book examines the main processes of transitional justice that permitted societies in those countries to come to terms with their recent past. It explores lustration, the banning of communist officials and secret political police officers and informers from post-communist politic, ordinary citizens’ access to the remaining archives compiled on them by the communist secret police, as well as trials and court proceedings launched against former communist officials and secret agents for their human rights trespasses. Individual chapters explore the progress of transitional justice in Germany, the Czech Republic, Slovakia, Poland, Hungary, Romania, Bulgaria, Albania, Slovenia and the successor states of the former Soviet Union. The chapters explain why different countries have employed different models to come to terms with their communist past; assess each country’s relative successes and failures; and probe the efficacy of country-specific legislation to attain the transitional justice goals for which it was developed. The book draws together the country cases into a comprehensive comparative analysis of the determinants of post-communist transitional justice, that will be relevant not only to scholars of post-communist transition, but also to anyone interested in transitional justice in other contexts.

A comprehensive overview of the efforts of state and non-state actors in the former Soviet Union to redress the past.

This book explores pacted transitions to democracy, in which former autocrats are granted amnesty in exchange for allowing free elections.

This volume explores the effects of transitional justice measures on trust-building and democratization across twelve countries in Central and Eastern Europe and parts of the Former Soviet Union over the period 1989-2012. The author argues that transitional justice measures have a differentiated impact on political and social trust building, supporting some aspects of political trust and undermining other aspects of social trust. Moreover, the structure, scope, timing, and implementation of transitional justice measures condition outcomes. More expansive and compulsory institutional change mechanisms register the largest effects, with limited and voluntary change mechanisms having a diminished effect, and more informal and largely symbolic measures having the most attenuated effect. These differentiated and conditional effects are also evident with respect to transition goals like supporting democratic consolidation and reducing corruption, since these goals respond differently to the mixtures of institutional and symbolic reforms found in transitional justice programs. The author develops an original transitional justice typology focusing on the degree to which lustration measures, public disclosure procedures, and file access provisions are expansive and compulsory, limited and voluntary, largely informal and symbolic, or actively rejected. Using this typology, the author categorizes post-communist countries according to the scope and implementation of their measures in order to test hypotheses linking trust building and transitional justice across twelve cases in the region. The resulting new datasets allow for a quantitative examination of the relationship between different types of transitional justice programs and a range of possible state building and societal reconciliation goals, including political trust building, social trust building, democratization, the strengthening of civil society, the promotion of government effectiveness, and the reduction of corruption. Comparative case studies of four transitional justice programs-Hungary, Romania, Poland, and Bulgaria-- draw on field work, primary and historical documents, and interview materials to explicate trust-building dynamics, with particular attention to regime complicity challenges, historical memory issues, and communist legacies. Oxford Studies in Democratization is a series for scholars and students of comparative politics and related disciplines. Volumes concentrate on the comparative study of the democratization process that accompanied the decline and termination of the cold war. The geographical focus of the series is primarily Latin America, the Caribbean, Southern and Eastern Europe, and relevant experiences in Africa and Asia. The series editor is Laurence Whitehead, Senior Research Fellow, Nuffield College, University of Oxford.

This book is the first to systematically examine the connection between religion and transitional justice in post-communism. There are four main goals motivating this book: 1) to explain how civil society (groups such as religious denominations) contribute to transitional justice efforts to address and redress past dictatorial repression; 2) to ascertain the impact of state-led reckoning programs on religious communities and their members; 3) to renew the focus on the factors that determine the adoption (or rejection) of efforts to reckon with past human rights abuses in post-communism; and 4) to examine the limitations of enacting specific transitional justice methods, programs and practices in post-communist Central and Eastern Europe and the Former Soviet Union countries, whose democratization has differed in terms of its nature and pace. Various churches and their relationship with the communist states are covered in the following countries: Germany, Poland, the Czech Republic, Slovakia, Romania, Albania, Bulgaria, Estonia, Latvia, Lithuania, Russia and Belarus.

In the original euphoria that attended the virtually simultaneous demise of so many dictatorships in the late 1980s and early 90s, there was a widespread belief that problems of 'transition' basically involved shedding a known past, and replacing it with an also-known future. This volume surveys and contributes to the prolific debates that occurred in the years between the collapse of communism and the enlargement of the European Union regarding the issues of constitutionalism, dealing with the past, and the rule of law in the post-communist world. Eminent scholars explore the issue of transitional justice, highlighting the distinct roles of legal and constitutional bodies in the post-transition period. The introduction seeks to frame the work as an intervention in the discussion of communism and transition-two stable and separate points-while emphasizing the instability of the post-transition moment.