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Appendix 9
Chapters VIII and IX
of the "Statute issued in Košice" [Kaschau], Slovakia,
April 5, 1945
(Program of the new Czechoslovak Government, the National Front of Czechs
and Slovaks, adopted by the cabinet council on April 5, 1945)
Collection of Documents, issued by
the Ministry of Information, Publication No. 2/45
Chapter VIII.
The bitter experiences of the Czechs and Slovaks with the German and Hungarian
minorities - who, for the most part, became compliant instruments of a policy of
conquest against the Republic and of whom the Germans especially led a war of
extermination against the Czech and Slovak
nation - compel the restored Czechoslovakia to take a definitive action against
those guilty. Loyal German and Hungarian citizens and above all those who
proved their faithfulness to the Republic in the difficult times will not be
affected, but the culprits will be severely and pitilessly punished as the
conscience of our people demands, remembering our unnumbered martyrs and for
the peace and security of the generations to come. The Government, therefore,
will be guided in its decisions by these principles.
As to the Czechoslovak citizens of German and Hungarian nationality, who were
Czechoslovak citizens prior to the Munich Pact in 1938, their citizenship will be
confirmed and their eventual return to the Republic may be permitted only in the
following categories:
for anti-Nazis and anti-Fascists who fought against Henlein and Hungarian
irredentism, who fought for Czechoslovakia, and who after the Munich Pact and
after March 15 were persecuted for their loyalty to Czechoslovakia and
imprisoned in jails and concentration camps or those who fled abroad, where they
participated in the struggle for the restoration of Czechoslovakia.
The Czechoslovak citizenship of the other Czechoslovak German and Hungarian
citizens will be cancelled. Although they may again express a choice for
Czechoslovakia, public authorities will retain the right of individual decision.
Those German and Hungarian transgressors who are under indictment for crimes
against the Republic and the Czech and Slovak nations and who are
condemned, will lose their citizenship and will be expelled from the Republic for
ever - if not under sentence of death.
Germans and Hungarians who immigrated into Czechoslovak territories after
the Munich Pact in 1938 will, if not sentenced to capital punishment, be
expelled from the Republic at once, except those persons who worked on
behalf of Czechoslovakia.
Chapter IX.
The government considers it its highest moral duty to turn over to the courts and
to punish all war criminals, traitors and active helpers of the German and
Hungarian oppressors. The Government will carry out its task without delay and
will spare no one.
As to the German and Hungarian War Criminals, the Government will see to their
immediate removal, arrest and delivery to Special People's Courts. Those
[German and Hungarian] persons guilty of war crimes will be tried and punished
not only for crimes committed against the [peoples] of Czechoslovakia or
Czechoslovak territory, but also for crimes committed against other [peoples],
especially against the allied Soviet Union. The German and Hungarian culprits
convicted will be handed over to Soviet organs. Camps for the detention of
German and Hungarian individuals who were connected with Nazi or Fascist
organizations will be established.
The Government will take special steps to secure the punishment of traitors,
collaborators and fascist elements of Czech and Slovak nationality. In connection
with the National Committees, Special People's Courts will be set up whose
[jurisdiction] will be limited to the localities and to the prosecution of the minor
offenders. A National Court will be established in the Bohemian territories and
one in Slovakia for the cases of notorious offenders and those responsible for
major crimes. The regulations of the edict concerning the punishment of war
criminals, issued by the President of the Republic, will be considered as a general
basis for criminal proceedings against traitors and collaborators.
Persons guilty of high treason, like Hácha, all members of the Beran
Government who confirmed
Hácha's so-called Berlin Pact of March 15, 1939, and those who
welcomed Hitler when he arrived in Prague, will be brought before the National
Court. The Government will take care that all members of the "Protectorate"
Government of March 16, 1939, [as well as] Tiso and the members of
the so-called Slovak Government of March 14, 1939 and members of
the so-called Slovak Parliament, shall be brought before the National Court. And
furthermore all of Hácha's political and official helpers, and the
responsible leading authorities and officials of the Protectorate Administration.
The country will also be cleared of treacherous journalists, who sold themselves
to the Germans and served them. Legal proceedings will be instituted against the
following organizations, their functionaries and members etc.: the functionaries
of the "Curatorship for the education of Czech youth," against the members of the
"Vlajka," the members of the Committee and the functionaries of the "National
Association of Employees" (Nationale Fachzentrale der Angestellten), of
the "Union of Agriculture and Forestry" and other organizations which helped the
Germans; in addition, functionaries who handed over Czechs and Slovaks to the
Gestapo, who participated actively in the displacement of Slovaks and Czechs in
order to send them to Germany as slave labourers and who rendered assistance in
the evacuation of the Czechoslovak population. In Slovakia, the helpers of Tiso
and his treacherous regime, the spies of
the "Hlinka-Garde", that is the Slovak Gestapo, the tools
of Gašpar's Nazi propaganda, will be tried, but especially
those who were active against the Slovak uprising and who participated in the
atrocities and bestialities of the Germans against the Slovaks.
Bankers, industrialists and big land owners who [used their positions in banking,
industry, agriculture, and other economic organisations to] help the Germans to
plunder the land and wage war will also be punished without mercy.
However, even if an employment with the administration of the former
treacherous and occupational regime is not considered as punishable, a thorough
examination of the activities of every single individual will be carried out under
democratic conditions; a number of steps will be taken by the Government so that
the new administration of the State shall be cleared of all elements who sinned
against the Republic and the
nation - of the fascist and pro-fascist elements who showed disloyalty,
unreliability and cowardice towards the [people] and the state during the critical
years of 1938 and 1939 and during the period of the German and Hungarian
occupation. The conduct of all those Czechoslovak citizens abroad who became
disloyal to the Republic and who helped the enemy by their undermining
activities, as well as that of persons who failed to remain loyal citizens even
though they were not under the pressure of Nazi terror, will also be examined and
prosecuted by the court.
Being resolved to root out fascism politically and morally, the Government
herewith declares that all fascist parties and organizations will be banned and that
a renewal of those political parties which worked against the interests of the
nation and the Republic (the Agrarian party and its branches, the
Gewerbepartei [Trade party], the National Union and those parties which
in 1938 fused with the Slovak Hlinka party) will not be permitted. No harm will
come to former members of the parties mentioned above as concerns their moral
or political
honour - if they remained loyal to the Republic. Any political activity or
participation in organizations of democratic parties, however, will be forbidden to
the politically responsible functionaries of the parties aforementioned, who
compromised themselves and whose activities were damaging to the interests of
the [people] and the Republic.
Signed by the members of the cabinet as given in the edict mentioned:
Zdenek Fierlinger
Josef David, Klement Gottwald, Viliam Siroký, Dr. Jan Sramek, Jan
Ursiny, Jan Masaryk, Ludwig Svoboda, Dr. Hubert Ripka, Václav Nosek,
Dr. Vávro Srobár, Dr. Zdenek Nejedlý, Dr. Jaroslav
Stránský, Václav Kopecký, Bohumil Lausman,
Julius Duris, Dr. Jan Pietor, Antonín Hasal, Frantisek Hala, Dr. Josef
Soltész, Dr. Adolf Prochaska, Václav Majer, Dr. Vladimir
Clementis, Dr. Mikulas Ferencik, Jan Lichner.
Documents on the Expulsion of the Sudeten
Germans
Survivors speak out
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