ICHR noticed this in connection with the decision of the European Court on Human Rights (hereinafter - ECtHR). In October 20, 2015 ECtHR delivered the decision in the case Vytautas Vasiliauskas against the Republic of Lithuania and ruled that KGB ‘s actions against Lithuanian partisans do not equal with genocide. In this case ECtHR found that Lithuania violated the European Convention on human rights as no one shall be held guilty of any act which did not constitute a criminal offence under national law at the time when it was committed. ECtHR assessed the decisions of national Lithuanian Court and concluded that Mr. Vasiliauskas was sentenced in Lithuania based upon legal provisions that were in force in 1953 neither in domestic nor international law, and prosecution of Mr. Vasiliauskas is not justified by international law. ECtHR stated that genocide is defined as acts committed to destroy a national, ethnical, racial or religious group, while in Lithuania this notion includes actions against social or political group. Estonian legislation also contains the definition of crimes to be qualified as genocide, such as killing a member or members of a national, ethnical, racial or religious group, a group resisting occupation or any other social group; torturing him/her/them or causing health damage; imposing coercive measures preventing childbirth within the group. Statute of limitation is not applicable to these crimes. Estonia has already witnessed cases, similar to the case of Mr. Vasiliauskas, where KGB officials were found guilty in genocide for their actions on the territory of Estonia. Many participants of those events have already deceased. There are no similar criminal cases in Estonia at the moment. 3. Estonia does not adhere to the EU Framework Decision 2008/913 in part of reconciling Art. 151 of Criminal Code of the Republic of Estonia (Incitement of hatred) with the said Decision. This resulted in willful legislative exclusion from criminal and administrative prosecution the acts of xenophobia, nationalism and racism. Recently it was once again demonstrated by scandal caused by unabashed racist statements of Mr. Reitelman, press secretary of the paramilitary organization Kaitseliit, which were never condemned. The European Commission against Racism and Intolerance (ECRI) in its report criticizes statements of Estonian politicians, including Mr. Jürgen Ligi and Mr. Mart Helme. In particular, the Commission supports the continuous critique from Estonian state authorities towards the racist statements of Estonian politicians, followed by dismissal of Mr. Ligi from the position of Minister for Finance in October 2014. However, on April 9, 2015, Mr. Ligi was appointed as … the Minister for Education.

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