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The Estonian Reet Kudu: the Russians are called “occupiers” in Baltic Countries absolutely unfairly

The known Estonian writer Reet Kudu is forced to walk in her native land in Tallinn with caution – she is threatened to be killed. And this is because she appealed openly in Belgium: the Russians are called “occupiers” in Estonia completely unfairly!
Everything began after creative party in book shop De Groene Waterman in Antwerp where Reet Kudu was invited by Flemish PEN-club to meet readers: she published several novels in different analects including “Full moon and lamp”. Reet Kudu told about new book where she wrote about unfairness of Estonian authorities not giving citizenship to Russians: it divides population to native citizens and strangers. Heroine from Latvia also acts in novel – the country with similar problems. Western and Estonian mass media had written about this meeting with readers. And then unknown Estonian nationalists began to send electronic messages to Reet Kudu almost every day with promises of death.
This is why writer was afraid to fly from Antwerp to Tallinn: names of all passengers are registered therefore her enemies could know about her arrival and met her…Reet decided to fly to Riga at first to her acquaintance – Latvian writer Dalia Truskinovskaya. And then Estonian writer departed to Tallinn by omnibus. She had a talk with correspondent from “News Today” in Riga.
- “Truly to say I am surprised of such reaction of mass media!”, Reet Kudu notes. “It is not a secret that the Russians are called “occupiers” in Baltic States completely unfairly and I write about their broken destinies for long time. But maybe in my novels I wrote too much literarily and nobody paid attention on subject, but at my meeting with readers where there were some journalists I said everything point-blank. I answered to questions simply and did not hide my attitude to Estonian authorities. Now you can see to what it leads”…
Obviously my opinion is not good to Estonian authorities. They talk to Western countries other things. It is basely! Their best subject: all misfortunes of Estonia are because of occupation, the Russians did deportations. But those who are called “occupiers” now didn’t ride in Estonia on tanks in 1940, didn’t shoot the Estonians, didn’t take power. It is especially impressively when even women and children are called “occupiers” now: did they also “took Estonia” with rifles?
Especially nastily such words sound from modern politicians-collaborationists who served to “cursed occupational power” themselves and now are honest and clean! And it is interesting who did deportations of Estonians? Members of Komsomol and pioneers in 1940 or simple workers who were invited to Estonia from other republics of USSR after war? No, deportations did Estonians themselves, traitors of own nation: neighbor sent neighbor or “helped” for it. And their children sit in minister chairs and accuse the people in sins who are not guilty.
I also rise this topic in novel “Holiday days of alien country”. Heroine of book left Estonia to Switzerland but her brother makes friends with those people to whom she being dissident in the Soviet times wouldn’t give a hand: they served to regime. And now these “heroes” are in the saddle and call the Russian dissidents who in the Soviet times opposite to authorities as “Soviet occupiers”.
One can’t consider the electoral system of Estonia democratic fully, the director general of International organization for elections observation of CIS-EMO Alexey Kochetkov says.
- Elections to parliament of Estonia demonstrated that nevertheless traditional positive estimations which are heard from Brussels in address of modern Estonian democracy, the observers have no basements to insist that electoral system and democratic institutes of Estonia fully correspond to standards and requirements to modern democratic states, A. Kochetkov said to “Interfax” on Monday.
According to his words, nevertheless general procedure of voting is good by opinion of observers of organization there are row of essential notes to all electoral campaign and also to voting procedure. As A. Kochetkov noted, the remarks are related to campaign atmosphere and also to vote counting procedure.
“So, for example, it seemed quite strange to observers that more than quarter of all registered in Estonia electors voted beforehand. For comparison, on last President of Ukraine election number of electors voted before hand was less in several times but it made wide discussion in Ukrainian and Western societies and imputation of one of parties in application of forbidden electoral technologies”, - noted director of organization. He also noted that during monitoring of elections observers of “CIS-EMO” arrived to conclusion that there is no equal access to mass media in Estonia for all participants of electoral process.
“Unfortunately the citizens of Estonia met with such phenomenon as moral and psychological pressure from close to government and nationalistic mass media to opposition during modern electoral campaign”, A. Kochetkov said. According to his words, tendentious ratings of parties were published on the eve of voting to make influence to electors. “Absence of variety in mass media sphere had negative influence to possibility of electors to do conscious choice during electoral campaign”, announced the director of international organization. He also said his opinion that absence of mass media law in Estonia is serious barrier for setting acceptable for all civilized norms of political fight conducting.
A. Kochetkov paid attention to problem that most part of national minorities representatives didn’t take part in voting though key component of any democratic society is universal suffrage.
“According to information of Department of Citizenship and Migration 126 thousand “persons with uncertain citizenship” live in Estonia that is 9,4% of general number of population, which is 1 million 342 thousand people. “Persons with uncertain citizenship” have no vote right on Parliament of Estonia elections. “Persons with uncertain citizenship” coincide in absolute majority with national and language minorities of Estonia”, observer notes.
CIS-EMO also notes that all official materials on Parliament of Estonia elections 2011 were in Estonian only “that obviously could made difficulties to Russian speaking electors to understand requirements of electoral procedures fully”.
Moreover, according to words of A. Kochetkov, the CIS-EMO observers would like to pay attention again that there was no possibility to control voted counting actually – as in case with any electronic voting, because that process was in Counting server…
And some more about “unprejudiced and objective” European justice: Small Chamber of European Court of Human Rights didn’t satisfy complaint of the Russian military pensioners to whom the Estonian state refused to pay civilian pension. The lawyer Maris Kuusberg who represented interests of Estonia in court tells truth that she “even is a little surprised with so unambiguous solution”. The centre of information of human rights has the same perplexity as Mrs. Kuusberg. It is softly said yet.
The sources of problem are in “hard times of 90th year”. Agreement about social guarantees for the Russian Federation Armed Forces pensioners on territory of Estonian Republic took place between Estonia and Russia in 1994 and came into effect in 1995. The Russian diplomats missed Clause 5 of this Agreement according to which military pensioners couldn’t get two pensions simultaneously – military from Russia and civilian from Estonia and were obliged to choose one of two. Moreover in 2000 there were changes in Estonian legislation and years of service in the Soviet (Russian) army stopped to be part of pensionable service. Since 2001 the Russian party started to make initiatives to change clause 5 to provide to military pensioners possibility to get both pensions according to world practice. It is so in Latvia. But all initiatives were turned down by the Estonian party as one can expect.
64 military pensioners resorted to Centre of information of human rights. Courts of Estonia received complaints based on these appeals. The Estonian courts dismissed claims on all levels referring to clause 5 of Agreement and absence of evidences of discrimination by ethnic signs.

47 Russian military pensioners passed all instances in Estonia and then they sent complaints to European Court of Human Rights. It was indicated in complaints that the Estonian party broke clause 1 of First Protocol of Convention in which unlawful dispossession of human by state is put under a ban. According to precedents of the European Court of Human Rights, the right on pension and social payments is also property and source of pension. Moreover dispossession of Russian military pensioners was made on discrimination basement so that military pensioners of other states have possibility to get two pensions (military from state of service and civilian from Estonia). And that is the violation of clause 14 of Convention (ban on discrimination).
And what was the reason of European Court to make such decision? The basement has following arguments making perplexity:
- There was no discrimination on ethnic signs, consider court without any explanation of its position.

- Unsubstantiated disclaimer of main argument of one of parties in court – this is undoubtedly novelty in sphere of discrimination fight.

- Position of applicants is worse comparing retired servicemen of other states including NATO but one must take into account historical context. Subscription of the Estonian-Russian Agreement was connected “with troop pullout from occupied territory” and conditions of Agreement were put by parties.

- Is it necessary to say that similar historical interpretations are out of authority and competence of Small Chamber of Court.

- The Russian military pensioners knew before hand that they could get only one of two pensions. Therefore they had no legal basements to expect getting two pensions simultaneously.

- That is if they knew beforehand about discrimination, so what blames can be existed?

- Government noted in answer that pension of the Russian military pensioner is higher than Estonian old age pension. But applicants reported to court that in 2008 the Russian military pension was lower at 12%. It is not important, court decided: in any event the Russian military pension is comparable with Estonian old age pension and the Russian military pensioners are not in especially disastrous situation.

There is no necessity to be a lawyer to understand that this argument simply doesn’t relate to case…

In last time European Court of Human Rights made some doubtful or even scandal decisions. It is enough to mention “Kononov case” or violation of crucifix in public places in Italy. One can agree with Mrs. Kuusberg one more time: this is “big step” but it is hard to agree that this is “very good”. It looks like next step in side of profanation of own idea of impartial international justice.

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Author: Карновский Юрий Зиновьевич

Publication date : 02 June 2011 01:00

Source: The world and we

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