October 30 in Russia remember the victims of political repression. Their peak was in the pre-war years, when political accusations are often unjust slander, arrested millions of “enemies of the people”. Most of them were sentenced by the infamous “triples” for long stints in the camps, and hundreds of thousands of executions.
During the war the repression continued, they were subjected to and warlords, which are wrongly blamed for the tragic failures of the first years of the great Patriotic war. Rehabilitation unreasonably affected in the years of repression, to this day remains one of the tasks of the Chief military Prosecutor’s office.
To make the final decision, whether guilty or that person, convicted decades ago, the military prosecutors have to shovel the vast array of documents of the time, and sometimes involve military experts and historians. One recent example of such work was the revision of the criminal case against major-General Ivan Fedorovich Dashichev (died in 1963). In 1942, he was the acting commander of the 44 army and he was accused of negligence and indecision during the fighting in the Crimea. 19 Feb 1942 Dashichev was sentenced by the Military Collegium of the Supreme Court under article “government inaction and neglect to service” and sentenced to 4 years imprisonment with deprivation of military rank. The court found him guilty that he had not provided a systematic withdrawal of troops, with the result that in parts there was a panic and flight from the battlefield, which led to large losses of personnel. On the basis of this decision, Dashichev was deprived of the three orders of the red banner and the jubilee medal “XX years of RKKA”. In the same year, however, the convict pardoned and sent to the front. But in the military rank of General was reinstated only after Stalin’s death.
However, a pardon is not an act of rehabilitation. This year, military prosecutors had re-examined the case. It turned out that on 16 January 1942 Dashichev independently took command of the 44 army after the appeal to the army chief of staff, Seraphim Nativity, who told him about the severe injury to the commander of the army Aleksey Pervushin. Later from the front headquarters has received the order of appointment to this position, her Dashichev only took two days. Opinion about the passivity of the Christmas Dashichev landing and the future leadership of the army, and formed the basis of his accusations. But prosecutors realized that it contradicts the materials of the criminal case and is subjective. It turns out, according to the Field manual, it is Christmas at his position, after being seriously wounded the army commander was obliged himself to undertake the management of troops, what actually withdrew, turning to Dashichev to take command. In addition, from the testimony of the Nativity, it follows that he did not know and could not know about all the actions of General and given his orders, because he was at that time in the hospital because of a concussion.
At the same time, the case is the testimony of the commanders and Commissars of units 9 infantry corps and 44th army, who told investigators that Dashichev during the retreat of Theodosius of cowardice and alarmism is not allowed, acted on the basis of the evolving combat situation and prevent the onset of more serious losses. Specialists have studied the memories of the former commander of the 44 army Alexey Pervushin, who wrote that Dashichev during the Kerch-Feodosia landing operation proved himself as a competent and enterprising commander. The expert of Institute of the Military Academy of the General staff of the armed forces, after analyzing the case materials, archival documents and military-historical materials, he concluded: “in light of this situation, Dashichev acted properly, in strict accordance with the instructions of the superior command… In a complex combat situation, the right decisions, subsequently approved by management, which allowed to solve the problem with minimal losses”.
The Deputy Prosecutor General of the Russian Federation has addressed with supervising representation in the Presidium of the Supreme court, where 6 September 2017 the sentence imposed Dashichev was canceled and the criminal case was terminated for absence in its actions of structure of a crime.
And such cases a great many – says “MK” head of the Directorate of military involvement of prosecutors in hearing of cases in courts of SHG, the General-the major of justice Igor Sabotinov. From October 1991, after the adoption of the Law on rehabilitation, at present military prosecutors checked 272 909 criminal cases against 303 420 people. Of them 124 428 recognized as victims of political repression, and 178 992 persons in rehabilitation was denied.
As other examples of restored of justice of Saltanov brought criminal case concerning the former commander of the 50 army of the Western front major-General Arkadiy Ermakov and former commander of the 42 infantry division of major-General Ivan Lazarenko, reviewed by the Supreme court on the initiative of the GWP. The audits found that the actions of the convicts do not conflict with the requirements of the guidelines and the real situation.
Military prosecutors found out that Ermakov, who was accused of disrupting defensive operations in the area of Stalinogorsk Tula region, was led by his subordinate troops with the view of the combat situation and the context of the overall defense plan and its activities were not “willfully” and fully comply with the requirements of the higher command. But Lazarenko, wrongly convicted for inaction and surrender to the enemy of the assigned forces defending the Brest fortress, properly conducted their training, maintained at the required level of combat readiness and to repel the sudden attack of the enemy, did everything possible.
– At the same time, the results of a study of criminal cases indicate that not all commanders during the war with dignity fulfilled their duty, says Sabotinov.
In particular, in 2017 the conclusions of the Prosecutor General of the Russian Federation, Judicial Board on military cases of the armed forces of the Russian Federation recognized as not subject to the rehabilitation of the former chief of staff of the 6 infantry corps of the red Army, major-General Boris Richter, the commander of the 36 cavalry divisions, major-General Efim Zybin, and others.
These persons lawfully convicted, as available in materials of criminal cases the evidence reliably established facts they have committed treason, defecting to the enemy, – says the military Prosecutor.
Also in recent years, military prosecutors allowed dozens of appeals on the rehabilitation of foreign citizens, repressed by the courts of the USSR or extrajudicial bodies outside accused of crimes against the interests of the state and Soviet citizens. These include policemen, gendarmes, soldiers of the security police battalions, penal battalions of the Waffen SS, the owners of the enterprises, which operated forcibly deported to forced labour to Germany from the occupied areas of the Soviet citizens. The vast majority of rehabilitation is denied.
In 2017 recognized as not subject to the rehabilitation of the German citizen Maria at their home ion. He was accused of being a member of the national fascist party, serving in a Nazi unit of the Volkssturm in April 1945, took part in the shooting of 18 prisoners from Buchenwald concentration camp who were arrested for political reasons, – says Igor Sabotinov. – Previously not subject to rehabilitation was recognized by the wife of Karl-Wilhelm and Maria Sofia Heras convicted in 1953 for espionage against the Soviet Union. Denied rehabilitation and known Nazi criminals – the leaders of the “Abwehr” Hans Piekenbrock, Erwin Stolz and Franz Bentivegna.