Extraordinary fascism: how the russian state is pursuing the rehabilitation of nazism

Insulting the feelings of believers in Victory

The emergence of legislation in Russia that presupposes responsibility for certain statements on historical topics, and the subsequent persecution of individuals for statements about the Great Patriotic War, may be related to the sacred significance of these historical events for Russians, human rights defenders suggest in a conversation with OVD-Info.

Thus, according to Natalia Morozova, a lawyer with «Memorial», Victory Day and its celebration in post-Soviet Russia, according to researchers at the Moscow Higher School of Social and Economic Sciences have noted, should have become a common idea —a «civil religion» that binds citizens to its symbols and values. Moreover, this was enshrined in the Constitution during the amendments in July 2020 (Part 3, Article 67.1), Morozova notes. In her opinion, the cult of Victory Day celebrations quickly developed its own «sacred things,» just like any other «civil religion.»

«So, the state took over the „Immortal Regiment“ campaign, turning it from a classic grassroots initiative into a mandatory political ritual with portraits of its new saints — the veterans. Monuments dedicated to the victory of the USSR in World War II became places of worship. „Holy Scripture“ is the verdict of the International Military Tribunal and the truthful „information about the activities of the USSR during World War II, about the veterans of the Great Patriotic War“, dedicated only to the Victory, but not to the activities of the USSR from 1939 to 1941. „Desecration“ of any of these state elements related to the Great Patriotic War is punishable by law,» adds the lawyer of «Memorial».

The emergence of memorial legislation in Russia

«Memorial laws» are laws prohibiting the denial of certain historical events. The term came from France, where the so-called Gasso Law was passed in 1990, which for the first time criminalizes Holocaust denial. The author, a French communist Jean-Claude Gasso, proposed it after the case of Robert Faurisson, who denied the existence of gas chambers.

Subsequently, the parliaments of Belgium, Switzerland, and some other European countries followed France’s example. They adopted similar laws over the next 20 years, and in 2008, the European Union adopted a Framework Decision obliging all member states to criminalize denial of the Holocaust and other genocides. Politicians and researchers continue to argue about the legality of these laws: opponents of the memorial legislation argue that it infringes upon freedom of expression and personal opinion.

For the first time, the Russian authorities tried to adopt their memorial law in May 2009 in response to the laws of memory of the Baltic States and Ukraine, adopted in 2004-2008 and affirming the criminal nature of the Soviet regime or equating the Nazi and Soviet occupation. In the original version of the Russian law, criminal liability was provided for «distorting the decisions of the Nuremberg Tribunal or the decisions of national courts based on the Nuremberg Tribunal», «criminalizing the actions of the member States of the anti-Hitler coalition» and «approving or denying the existence of Nazi crimes against the peace and security of mankind».

Although the initial draft was indeed similar to existing memorial laws in European countries, it attracted criticism from human rights defenders and historians. According to their fears, the law’s vague wording could lead to a ban on historical research. The government also criticized the text of the draft law and summarized that it «requires substantial revision». At the same time, President Medvedev created a «commission to counter the falsification of history to the detriment of Russia’s interests» to regulate the official state interpretation of historical events against the background of the absence of a corresponding law. In response, the OSCE adopted the Vilnius Declaration, which equated the Nazi and Stalinist regimes and called on states to present «a united front against all forms of totalitarianism, regardless of their ideological basis», thus continuing the «wars of memory».

In Russia, the adoption of the law was postponed for some time. Still, at the end of February 2014, State Duma deputy Irina Yarovaya returned the issue of memorial legislation to the agenda. Then the deputies noted that the conflict over the Dozhd TV channel in January of the same year had prompted them to take this step. According to the authors of the draft law, a similar law already existed in many European countries. Subsequently, the adopted memorial law consolidated the article on the rehabilitation of Nazism (Article 354.1 of the Criminal Code) and qualified four different crimes:

• denial of the facts established by the verdict of the International Military Tribunal;
• approval of crimes established by the specified sentence;
• dissemination of deliberately false information about the activities of the USSR during World War II;
• dissemination of information expressing apparent disrespect for society about the days of military glory and memorable dates of Russia related to the defense of the Fatherland, as well as desecration of the symbols of military glory of Russia.