Criminal prosecution as a component of transitional justice: dealing with Soviet genocide in Latvia

Abstract

After the restoration of independence in 1990, the Latvian legal system had to undergo a transition from the Soviet totalitarian regime to a democratic system governed by the rule of law. Several transitional justice mechanisms had to be implemented, including prosecution initiatives. To make this possible, the Criminal Code was amended, introducing the crime of genocide in 1993. Until 2009, Latvian Criminal Law provided for a broadened definition of genocide which included additional protected groups and additional prohibited activities. Latvian courts of general jurisdiction that tried the Soviet genocide cases hold that this broadened genocide definition was not in conflict with international law, and thus did not preclude the conviction of persons for crimes committed during the Soviet occupation.