Katyn Documents (IV)
GENERAL PROSECUTOR OF THE RUSSIAN FEDERATION
CHIEF MILITARY PROSECUTOR
To the Chairman of the Governing Body of the Historical-Educational,
Philanthropic and Human Rights Society "Memorial," Roginsky A. B.
I am informing you that on 21 September 2004, the Chief Military Prosecutor discontinued the criminal case, which had been opened on 22 March 1990 by the Prosecutor's Office of Khar'kov oblast' of the Ukrainian SSR, upon the discovery of burial sites of Polish citizens in the parkland area of Khar'kov, and which was thereupon handed over to the GVP [Chief Military Prosecutor's Office] where it was taken up on 30 September that same year.
The investigation has established that the Polish citizens, who had been held in prison camps operated by the NKVD USSR, were investigated by the organs of the NKVD according to the methods established by the UPK [Criminal Procedures Code] of the RSFSR (1923) regarding the charge of state crimes.
At the beginning of March 1940, as a result of investigation, the criminal cases were handed over for examination to an extra-judicial body - the "Troika," which examined the criminal cases involving 14542 Polish citizens (10,710 persons on the territory of the RSFSR and 3832 persons on the territory of the U[krainian]SSR), found them guilty of state crimes and took the decision to have them executed.
The investigation has reliably established the deaths of 1803 Polish prisoners of war, resulting from the implementation of the Troika's decisions, and has determined the identity of 22 of them.
A specific number of highly-placed officials of the USSR had superseded their authority according to paragraph "B", article 193-17 of the UK [Criminal Code] of the RSFSR (1926), which entailed serious consequences under aggravating circumstances. On 21.09.2004, the criminal case against them was discontinued on the basis of paragraph 4, part 1, article 24 of the UPK [Criminal Procedures Code] of the RF [Russian Federation] on account of the death of the accused.
In the course of the investigation, and as a result of Polish initiative, the case was thoroughly researched and did not corroborate a claim of genocide against the Polish people during the period investigated, that is, the spring of 194o. Taking this into account, the criminal case on the basis of genocide was discontinued for lack of criminal activity, in accordance with paragraph 1, part 1, article 24 of the UPK [Criminal Procedures Code] of the RF [Russian Federation].
The actions of NKVD USSR officials regarding the Polish citizens were based on criminal-legal motives and did not have the purpose of destroying any demographic group.
The criminal case comprises 183 volumes. In accordance with the law of the RF [Russian Federation] "On State Secrets," it is acknowledged that the 36 volumes constituting the "Katyn" criminal case contain documents, which contain information comprising state secrets and are stamped "secret" and "top secret", including the decree closing the case, from 21 September 2004. According to the Commission's conclusions, a further 80 volumes of the criminal case contain confidential and official information subject to restricted circulation and have been stamped "For official use only". Another 67 volumes bear no such stamps.
The Russian Prosecutor's Office has informed the General Prosecutor's Office of the Polish Republic that the investigation into this criminal case has been concluded and is prepared to allow access to the 67 volumes of the criminal case, which did not contain information comprising state secrets.
At the present time, the possibility of applying the RF [Russian Federation] law "On the Rehabilitation of Victims of Political Repression" to the executed Polish citizens is being ascertained.
Chief of Supervisory Department
for the Implementation of the Laws
regarding Federal Security
V. K. Kondratov