Paul
Goble
Staunton, October 28 – Last week,
the Russian Constitutional Court heard the appeal of three ethnic German women
whose families were deported from Moscow by Stalin on ethnic grounds but whom
the city authorities in Moscow, in spite of Russian law on the rights of the
deported to return, have erected so many barriers to them that they have not
been able to.
For the first time in almost a
quarter of a century, the Constitutional Court has heard a case concerning the
rights of deported to return. In the 1990s, Yekaterina Butorina of Profile
says, such cases were commonplace but not since then (profile.ru/society/vpervye-za-chetvert-veka-konstitucionnyj-sud-zanyalsya-zashhitoj-zhertv-stalinskix-repressij-188529/).
One of the cases of the 1990s, in
1995, had the court declare that the children of those deported had the same
right of return as their parents, even if they were born somewhere else. The
three cases before the court now involve children as few of the original
deportees remain alive.
And even they, the journalist says,
are declining in number. As of January 1, 2019, there were some 530,000
citizens of the Russian Federation who had the status of being victims of political
repressions. That is 60,000 fewer than
two years earlier, and the rate of the decline of this pool will only accelerate
with each passing year.
That means that those like the three
women in this case who are still in exile are running out of time. Under the 1991 law on the rehabilitation of
victims of political repression, they should not have had any difficulty going
home; but the fact that they still aren’t back is a product of the complex
legal changes of the last 30 years.
Until 2005, the federal authorities supervised
this process and directed the federal subjects how to treat returnees and the
order they were to be offered housing and other amenities. But in that year, Moscow
handed off responsibility in this area to the regions and republics, and they
took one of three paths forward.
Some adopted special laws; others
amended existing reginal legislation, both to bring their arrangements int line
with the 1991 law. But there was a third group, including Moscow, the object of
this case, that did not adopt new laws but rather threw up all kinds of obstacles
to the return of the children of those deported.
As a result, Butorina says, is that
in Moscow, “the right of return” came to be understood quite narrowly: if people
had already returned and lived ten years of more in the city, then they could
aspire to an apartment; but without any special advantages, something that
meant many would not live long enough to get an apartment from the state as the
1991 law requires.
The federal authorities both
legislative and executive appear to be on the side of the women; but Moscow is
arguing that if it gives privileges to the politically repressed, it will have
to discriminate against the disabled.
But what appears to be the case is that the Russian capital is seeking to
run out the clock, outlasting those who have the right to claim the right of
return.