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== Historical background ==  
 
== Historical background ==  
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In 1942, after the Soviet Army had withdrawn from the region{{#tag:ref|The Soviets had occupied the Eastern part of Poland in agreement with the Secret Amendment of the Molotov-Ribbentrop Non-Aggression Pact since the beginning of the Polish-German war in 1939. Article II of that agreement stated: ''"In the event of a territorial and political rearrangement of the areas belonging to the Polish state, the spheres of influence of Germany and the U.S.S.R. shall be bounded approximately by the line of the rivers Narev, Vistula and San. The question of whether the interests of both parties make desirable the maintenance of an independent Polish States and how such a state should be bounded can only be definitely determined in the course of further political developments. In any event both Governments will resolve this question by means of a friendly agreement."''<ref>{{cite web |title=The Molotov-Ribbentrop Pact, 1939 |publisher=Modern History Sourcebook, the History Department of  Fordham University, New York |url=http://www.fordham.edu/halsall/mod/1939pact.html |accesssdate=September 17, 2013}}</ref> The Germans had not arrived into this region until the Summer or Autumn of 1941, after the first successes of their offensive in the direction of Smolensk, which however together with Katyn are actually situated already in an area which lay inside the borders of the USSR before 1939. If the killings took place in 1940 or the Winter of 1940-41, then these men were executed by the Soviets. If the corpses dated from the Autumn of 1941 or from 1942, then the murderers were Germans.<ref name="Amthches Material"/>|group=note}}, the advancing German troops found a mass grave of thousands of Polish officers near Smolensk.<ref name="Russiapedia">{{cite web |title=Prominent Russians: Nikolay Burdenko |author=Olga Prodan |publisher= Russiapedia, RT.com |url=http://russiapedia.rt.com/prominent-russians/science-and-technology/nikolay-burdenko/ |accessdate=September 17, 2013}}</ref> The Germans refused to take responsibility for the murders and organized exhumations witnessed by International Red Cross and foreign independent forensic scientists, among them, for example, a forensic pathologist Professor Ljudevit Jurak of Zagreb University.<ref name="Jurak">{{cite web |title=Professor Ljudevit Jurak of Zagreb University  |url=http://katyn.org.au/jurak.html |accessdate=September 17, 2013}}</ref> After making the Official Statement Concerning the Mass Murder at Katyn prepared by the German Information Bureau on direct special order of the German Foreign Office, they accused the Soviet forces and attempted to make the case an international scandal.<ref name="Amthches Material">{{cite web |title=Official German Documentary Evidence Of The Katyn Case |url=http://www.allworldwars.com/Katyn-Files.html |accessdate=September 17, 2013 |quote=In 1943 the German authorities published a special report under the title: "The Official Statement Concerning the Mass Murder at Katyn. Collected, prepared and edited by the German Information Bureau on the basis of documentary evidence by order of the German Foreign Office."[Amthches Material zum Massenmord van Katyn. Im Auftrage aea Auswartigen Amtes auf Grund urkundlichen Beweismaterials zusammengestellt, bearbeitet und herauagegeben von der Deutschen mjormationastelle"—Berlin 1943.]
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In 1942, after the Soviet Army had withdrawn from the region{{#tag:ref|The Soviets had occupied the Eastern part of Poland in agreement with the Secret Amendment of the Molotov-Ribbentrop Non-Aggression Pact since the beginning of the Polish-German war in 1939. Article II of that agreement stated: ''"In the event of a territorial and political rearrangement of the areas belonging to the Polish state, the spheres of influence of Germany and the U.S.S.R. shall be bounded approximately by the line of the rivers Narev, Vistula and San. The question of whether the interests of both parties make desirable the maintenance of an independent Polish States and how such a state should be bounded can only be definitely determined in the course of further political developments. In any event both Governments will resolve this question by means of a friendly agreement."''<ref>{{cite web |title=The Molotov-Ribbentrop Pact, 1939 |publisher=Modern History Sourcebook, the History Department of  Fordham University, New York |url=http://www.fordham.edu/halsall/mod/1939pact.html |accesssdate=September 17, 2013}}</ref> The Germans had not arrived into this region until the Summer or Autumn of 1941, after the first successes of their offensive in the direction of Smolensk, which however together with Katyn are actually situated already in an area which lay inside the borders of the USSR before 1939. If the killings took place in 1940 or the Winter of 1940-41, then these men were executed by the Soviets. If the corpses dated from the Autumn of 1941 or from 1942, then the murderers were Germans.<ref name="Amthches Material"/>|group=note}}, the advancing German troops found a mass grave of thousands of Polish officers near Smolensk.<ref name="Russiapedia">{{cite web |title=Prominent Russians: Nikolay Burdenko |author=Olga Prodan |publisher= Russiapedia, RT.com |url=http://russiapedia.rt.com/prominent-russians/science-and-technology/nikolay-burdenko/ |accessdate=September 17, 2013}}</ref> The Germans refused to take responsibility for the murders and organized exhumations witnessed by International Red Cross and foreign independent [[Forensics|forensic scientist]]s, among them, for example, a forensic pathologist Professor Ljudevit Jurak of Zagreb University.<ref name="Jurak">{{cite web |title=Professor Ljudevit Jurak of Zagreb University  |url=http://katyn.org.au/jurak.html |accessdate=September 17, 2013}}</ref> After making the Official Statement Concerning the Mass Murder at Katyn prepared by the German Information Bureau on direct special order of the German Foreign Office, they accused the Soviet forces and attempted to make the case an international scandal.<ref name="Amthches Material">{{cite web |title=Official German Documentary Evidence Of The Katyn Case |url=http://www.allworldwars.com/Katyn-Files.html |accessdate=September 17, 2013 |quote=In 1943 the German authorities published a special report under the title: "The Official Statement Concerning the Mass Murder at Katyn. Collected, prepared and edited by the German Information Bureau on the basis of documentary evidence by order of the German Foreign Office."[Amthches Material zum Massenmord van Katyn. Im Auftrage aea Auswartigen Amtes auf Grund urkundlichen Beweismaterials zusammengestellt, bearbeitet und herauagegeben von der Deutschen mjormationastelle"—Berlin 1943.]
 
This volume of 330 pages begins with a short introductory section entitled "General Outline", followed by the "Documentary Evidence", divided in five chapters.}}</ref> Being familiar with Nazi atrocities, many Poles themselves regarded the effort for being just another masterpiece of Nazi propaganda.<ref name=“Katyn crime“>{{cite web |title=From a report on the Katyn crime prepared by the Soviet Special Commission headed by Nikolai Burdenko |publisher= Katyn crime
 
This volume of 330 pages begins with a short introductory section entitled "General Outline", followed by the "Documentary Evidence", divided in five chapters.}}</ref> Being familiar with Nazi atrocities, many Poles themselves regarded the effort for being just another masterpiece of Nazi propaganda.<ref name=“Katyn crime“>{{cite web |title=From a report on the Katyn crime prepared by the Soviet Special Commission headed by Nikolai Burdenko |publisher= Katyn crime
 
  |url=http://katyncrime.pl/From,a,report,on,the,Katyn,crime,prepared,by,the,Soviet,Special,Commission,headed,by,Nikolai,Burdenko,363.html
 
  |url=http://katyncrime.pl/From,a,report,on,the,Katyn,crime,prepared,by,the,Soviet,Special,Commission,headed,by,Nikolai,Burdenko,363.html
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I remember a story that has never been published as far as know. Brandys said one of these Polish officers had survived the war and told Brandys the following story: While the officer stood one one side over the graves, a Nazi colonel asked him from the other side: „Captain, how long do you think these bodies have been buried?“ And the Polish officer gave a very specific answer. The colonel asked how the captain could be so specific. And the captain said: „I was your forensic medicine student in Berlin, so I learnt.“ The story demonstrates how indisputable was the fact that it was Soviets who was responsible for the massacre.  
 
I remember a story that has never been published as far as know. Brandys said one of these Polish officers had survived the war and told Brandys the following story: While the officer stood one one side over the graves, a Nazi colonel asked him from the other side: „Captain, how long do you think these bodies have been buried?“ And the Polish officer gave a very specific answer. The colonel asked how the captain could be so specific. And the captain said: „I was your forensic medicine student in Berlin, so I learnt.“ The story demonstrates how indisputable was the fact that it was Soviets who was responsible for the massacre.  
 
We were far from the territories invaded by Soviet Union in 1939 and we did not know what the Red Army had done to Poles living there. We knew very little about the Soviet Union. On the other hand, we knew by own experience what Nazis were capable of.  I saw executions in Radom with my own eyes. We heard about Auschwitz, street executions and other atrocities, so we suspected Nazis. My mother, brother and I learned about Katyn massacre from an article published in Zycie Radomskie, a newspaper controlled by Nazi propaganda, like all other newspapers. Later on, the newspaper published lists of victims and the names.}}</ref>  
 
We were far from the territories invaded by Soviet Union in 1939 and we did not know what the Red Army had done to Poles living there. We knew very little about the Soviet Union. On the other hand, we knew by own experience what Nazis were capable of.  I saw executions in Radom with my own eyes. We heard about Auschwitz, street executions and other atrocities, so we suspected Nazis. My mother, brother and I learned about Katyn massacre from an article published in Zycie Radomskie, a newspaper controlled by Nazi propaganda, like all other newspapers. Later on, the newspaper published lists of victims and the names.}}</ref>  
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  In January of 1944, after retaking the territory by Soviet Army, the Soviet government in turn denied the accusations and formed a special commission, headed by academician Burdenko to investigate into the case. Thus, Burdenko’s name became the center of attention linked to the Katyn Massacre case.<ref>{{cite web |author=М. Сорокина |title=«Операция "Умелые руки", или что увидел академик Бурденко в Орле» (Operation "Crafty hands" or what had seen the academician Burdenko in Orel)|url=http://www.katyn-books.ru/library/operatsiya-umelie-ruki.html |accessdate=September 17, 2013|language=Russian}}</ref> Prior to having done the forensic research thoroughly, he made the following claim{{#tag:ref|In Russian: Все эти способы убийств изобличают немецкие руки, я это со временем докажу.<ref>{{cite web |title=Поведение бригады Сталина (The conduct of Stalin's brigade) |author=Юрий Мухин |url=http://www.hrono.info/libris/lib_m/podlost09.php |quote=Центр тяжести работы нашей комиссии лежит в установлении сроков и методов убийств… Методы убийства тождественны со способами убийств, которые я нашёл в Орле и которые были обнаружены в Смоленске. Кроме того, у меня есть данные об убийстве психических больных в Воронеже в количестве 700 человек. Психические больные были уничтожены в течение 5 часов таким же методом.|language=Russian}}</ref>|group=note}}<blockquote>''“All of these execution methods incriminate German hands, and I will prove it at the end.”''</blockquote>  
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  In January of 1944, after retaking the territory by Soviet Army, the Soviet government in turn denied the accusations and formed a special commission, headed by academician Burdenko to investigate into the case. Thus, Burdenko’s name became the center of attention linked to the Katyn Massacre case.<ref>{{cite web |author=М. Сорокина |title=«Операция "Умелые руки", или что увидел академик Бурденко в Орле» (Operation "Crafty hands" or what had seen the academician Burdenko in Orel)|url=http://www.katyn-books.ru/library/operatsiya-umelie-ruki.html |accessdate=September 17, 2013|language=Russian}}</ref> Prior to having done the forensic research thoroughly, he made the following claim:{{#tag:ref|In Russian: Все эти способы убийств изобличают немецкие руки, я это со временем докажу.<ref>{{cite web |title=Поведение бригады Сталина (The conduct of Stalin's brigade) |author=Юрий Мухин |url=http://www.hrono.info/libris/lib_m/podlost09.php |quote=Центр тяжести работы нашей комиссии лежит в установлении сроков и методов убийств… Методы убийства тождественны со способами убийств, которые я нашёл в Орле и которые были обнаружены в Смоленске. Кроме того, у меня есть данные об убийстве психических больных в Воронеже в количестве 700 человек. Психические больные были уничтожены в течение 5 часов таким же методом.|language=Russian}}</ref>|group=note}}<blockquote>''“All of these execution methods incriminate German hands, and I will prove it at the end.”''</blockquote>  
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Consequently, the final official report by Burdenko’s commission concluded in line with a priori claim that the Polish officers were killed by the Germans:
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Consequently, the final official report by Burdenko’s commission concluded in line with this a priori claim that the Polish officers were killed by the Germans:
 
''"From the state of bodies, brains, and clothes one can judge that executions of [Polish] officers took place no earlier than in the fall of 1941"''.
 
''"From the state of bodies, brains, and clothes one can judge that executions of [Polish] officers took place no earlier than in the fall of 1941"''.
 
An enormous pressure was made on scientists participating in the original International Medical Commission summoned by German authorities.  The Bulgarian expert, Dr. Markov, lecturer at the University of Sofia, subsequently revoked his signed statement, included in the report of the International Medical Commission. Professor of Pathology and Anatomy at Zagreb University Ljudevit Jurak skilled in forensic medicine however refused to revoke his professional opinion that the Katyn Forrest Massacre and slaughter of Ukrainians at Vinnytsa were Soviet crimes. Communist regime arrested him again and offered to renounce his statements by saying he gave them under compulsion in return for being pardoned. As he confirmed his refusal, the Military Court accused him for collaborating with the foreign occupation forces and for committing the war crime "by cultural collaboration with the enemy", i.e. for:
 
An enormous pressure was made on scientists participating in the original International Medical Commission summoned by German authorities.  The Bulgarian expert, Dr. Markov, lecturer at the University of Sofia, subsequently revoked his signed statement, included in the report of the International Medical Commission. Professor of Pathology and Anatomy at Zagreb University Ljudevit Jurak skilled in forensic medicine however refused to revoke his professional opinion that the Katyn Forrest Massacre and slaughter of Ukrainians at Vinnytsa were Soviet crimes. Communist regime arrested him again and offered to renounce his statements by saying he gave them under compulsion in return for being pardoned. As he confirmed his refusal, the Military Court accused him for collaborating with the foreign occupation forces and for committing the war crime "by cultural collaboration with the enemy", i.e. for:
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*deliberately and maliciously propagandizing against friendly Soviet Russia, and therefore indirectly against Croatian people; spreading fear and hatred towards the Soviet Russia in Croatian peasants and working class.  
 
*deliberately and maliciously propagandizing against friendly Soviet Russia, and therefore indirectly against Croatian people; spreading fear and hatred towards the Soviet Russia in Croatian peasants and working class.  
 
The verdict "found guilty of war crimes and sentenced to death by shooting, permanent loss of citizen's honours, and confiscation of property" was delivered after he was already shot death and included ridiculous note "There is no right of complaint against this verdict" (presumably because it is hard to complain from the grave; because they have already shot their victim) as well as slogan ''"Death to fascism-freedom to people!"''.  
 
The verdict "found guilty of war crimes and sentenced to death by shooting, permanent loss of citizen's honours, and confiscation of property" was delivered after he was already shot death and included ridiculous note "There is no right of complaint against this verdict" (presumably because it is hard to complain from the grave; because they have already shot their victim) as well as slogan ''"Death to fascism-freedom to people!"''.  
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In September, 1946, when the Nuremberg Trial was nearing its end, Soviets hired a Communist member of the Swiss Grand Council, Mr. Vincent (Swiss Communists ostensibly belong to the "Labour Party"), who consequently deemed it expedient to launch an attack against Professor Francois Naville, Professor of Forensic Medicine, on account of his participation in an International Medical Commission which in 1943 had conducted an investigation at Katyn and later published its well-known report. Mr. Vincent chose the form of an interpellation addressed to the Geneva Executive Body (State Council). Dr. Naville, who had agreed to act as legal expert at the request of the German Government in April, 1943, refused the accusations of acting under the pressure of Gestapo: ''"Mr. Vincent asserts that I was acting under constant pressure from the Gestapo, which prevented us from having a free hand. This is absolutely untrue. I do not know whether the police were represented amongst those who received and accompanied us (doctors and guides), but I can definitely state that we were able to proceed undisturbed with our work as experts. I did not notice any signs of pressure being exerted on myself or on any of my colleagues. We were always able to discuss all matters freely amongst ourselves without the Germans being present."''  
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In September, 1946, when the Nuremberg Trial was nearing its end, Soviets hired a Communist member of the Swiss Grand Council, Mr. Vincent (Swiss [[Communist]]s ostensibly belong to the "[[Labour Party]]"), who consequently deemed it expedient to launch an attack against Francois Naville, Professor of [[Forensics|Forensic]] Medicine, on account of his participation in an International Medical Commission which in 1943 had conducted an investigation at [[Katyn Massacre|Katyn]] and later published its well-known report. Mr. Vincent chose the form of an [[interpellation]] addressed to the Geneva Executive Body (State Council). Dr. Naville, who had agreed to act as legal expert at the request of the German Government in April, 1943, refused the accusations of acting under the pressure of Gestapo: ''"Mr. Vincent asserts that I was acting under constant pressure from the [[Gestapo]], which prevented us from having a free hand. This is absolutely untrue. I do not know whether the police were represented amongst those who received and accompanied us (doctors and guides), but I can definitely state that we were able to proceed undisturbed with our work as experts. I did not notice any signs of pressure being exerted on myself or on any of my colleagues. We were always able to discuss all matters freely amongst ourselves without the Germans being present."''  
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Only in 1991 after declassification of the archives was the truth established – some 20 thousand Polish officers had been murdered on orders of the Soviet government upon their occupation of Poland in 1939. Among the declassified documents were notes by Beria, where it is stated that the People's Commissar of Internal Affairs suggests de facto to shoot 'inveterate and incorrigible "enemies of Soviet power": <blockquote>Thw NKVD of the USSR considers it necessary to propose to try the case of former Polish officers etc. located in the POW camps in separate proceedings by applying the highest level of punishment by shooting. The trying the case should be carried out without prompting arrestees and without announcing the formal indictment, the decision to terminate the investigation and the final judgment.</blockquote>  
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Only in 1991 after declassification of the archives was the truth established – some 20 thousand Polish officers had been murdered on orders of the Soviet government upon their occupation of Poland in 1939. Among the declassified documents were notes by Beria, where it is stated that the People's Commissar of Internal Affairs suggests de facto to shoot 'inveterate and incorrigible "enemies of Soviet power": <blockquote>The NKVD of the USSR considers it necessary to propose to try the case of former Polish officers etc. located in the POW camps in separate proceedings by applying the highest level of punishment by shooting. The trying the case should be carried out without prompting arrestees and without announcing the formal indictment, the decision to terminate the investigation and the final judgment.</blockquote>  
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The notes were signed by Stalin, Molotov, Voroshilov, Mikoyan and other Soviet leaders, all voted "for" the implementation of suggestion.<ref name"Rusarchives">{{cite web |title=Рассекречены подлинные документы по Катыни: Поляков расстреляли по приказу Сталина [Записка Берии, Постановление Политбюро И Другие Важнейшие Документы] (Declassified original documents on Katyn: Poles were shot on Stalin's orders [Beria's notes, Decision of the Politburo and other Important Documents]) |author=Елена Чинкова |date=April 28, 2010 |url=http://www.kp.ru/daily/24481/638132/|language=Russian}}</ref> According to Russian historians, the archives also contained a report dated 1946 from the then terminally ill Burdenko, in which he shared with his friend who had defected from the USSR, ''“Following the personal order of Stalin I went to Katyn where they had just excavated the graves. All bodies had been buried 4 years before. They died in 1940… For me, as a doctor, it was an obvious fact, which I couldn’t doubt. Our comrades from the NKVD [KGB predecessor] made a big mistake.”''
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The notes were signed by [[Stalin]], [[Vyacheslav Molotov|Molotov]], Voroshilov, Mikoyan and other Soviet leaders, all voted "for" the implementation of suggestion.<ref name"Rusarchives">{{cite web |title=Рассекречены подлинные документы по Катыни: Поляков расстреляли по приказу Сталина [Записка Берии, Постановление Политбюро И Другие Важнейшие Документы] (Declassified original documents on Katyn: Poles were shot on Stalin's orders [Beria's notes, Decision of the Politburo and other Important Documents]) |author=Елена Чинкова |date=April 28, 2010 |url=http://www.kp.ru/daily/24481/638132/|language=Russian}}</ref> According to Russian historians, the archives also contained a report dated 1946 from the then terminally ill Burdenko, in which he shared with his friend who had defected from the USSR, ''“Following the personal order of Stalin I went to Katyn where they had just excavated the graves. All bodies had been buried 4 years before. They died in 1940… For me, as a doctor, it was an obvious fact, which I couldn’t doubt. Our comrades from the NKVD [KGB predecessor] made a big mistake.”''
    
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