Lustration: A Post-Communist Phenomenon

Abstract

The phenomenon of transitional justice appears when authoritarian regimes transform into democracies—a topic that has been studied for many years. One main focus has been the question of the responsibility of the former ruling elite and their subordinates, and in particular, criminal responsibility. After the collapse of communism in Europe, secret police informers were perceived as sharing responsibility, alongside the regime’s functionaries. The first steps toward bringing them to justice were taken in March 1990 in Czechoslovakia. The process was called “lustration,” harking back to an ancient tradition of cleansing newborns of evil. In the jargon of the Czechoslovak security apparatus, “lustrace” meant checking an individual’s secret police records. The best known example of lustration took place in Germany, but the basic idea was carried out in all post-communist Central European countries. This kind of transitional justice was not associated with criminal responsibility, and—except in Poland—the courts were not involved in lustration, which was conceived of as a purely administrative procedure. After the collapse of the Soviet Union, only the Baltic states adopted lustration legislation; in other post-Soviet states, such initiatives failed. A similar situation emerged when Yugoslavia disintegrated, where the ethnic wars overshadowed society’s memories of communist wrongdoing. Lustration was unique to post-communist states and was not seen in any other transitional context.