THE BENES DECREE

DOCUMENTS   ON   THE   EXPULSION

OF  THE  SUDETEN  GERMANS

 
 
 

COMPILATION AND INTRODUCTION BY

DR. WILHELM K TURNWALD



 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

FOREWORD TO THE ENGLISH VERSION BY

F. A.  VOIGT

 
 
 
 
 
 
 

TRANSLATED BY GERDA JOHANNNSEN



 
 
 
 
 
 
 
 

FOREWORD

    The displacements or expulsions of entire populations or "ethnic groups"
    from their native soil will surely go down to history as characteristic of
    our era. It is the expulsions of the eastern, south eastern, and Sudeten
    Germans which, to-day, confront Europe with the acutest problem of
    this nature. The problem created by the expulsion of more than a million
    Greeks from Anatolia and Eastern Thrace in 1922 was a tragedy which
    has not been wholly overcome even to the present day. The problem of
    the "displaced persons" of central, eastern, and soutliern Europe, the
    flight of Arabs from Israel, and the vast twofold exodus of Hindoos
    and Moslems resulting from the partition of India, still confront us.
    The number of persons affected far exceeds the number of those that
    made up the great "migrations of the peoples" following upon the
    breakup of the Roman Empire. The displacements and expulsions in our
    own day have been accompanied by barbaric deeds and methods that
    violate natural law, the teachings of Christianity, and the ethical standards
    of humanism. The foundations of international law and of those human
    rights, in which the last century took such pride, have been shaken by
    inhumanities whidi previous generations associated with the barbaric
    excesses of a distant past. The first wave of expulsions began during and
    after the First World War, the second accompanied and followed the
    second World War. It is noteworthy that these expulsions were not all of a
    unilateral nature. Some of them were ordered or sanctioned at conferences
    held by the Great Powers  at the Potsdam Conference in 1945, for example.
    That this should be so would seem to indicate a deep-seated moral defection
    of an ominous character. The dissolution of Austria-Hungary did not, in
    the end, confer upon the original component States the independence they
    had hopedfor. It was followed by an explosive nationalism which operated
    to the grave detriment of these States by overriding those realities which
    are determinedby geography, numerical strength, and industrial productivity.
    Excessive nationalism, at times concealed beneath doctrines of an
    ostensible religious or racial character, was amongst the principal forces
    that engendered the displacements and expulsions. The creation of a truly
    organic order in eastern and central Europe was largely thwarted because
    the right of self-determination was applied in a one-sided manner, to the
    almostexclusive advantage of the victorious Powers. No "new Switzerland"
    was established in central Europe, but a region of crises and tensions.

  The bad conscience of the instigators of the crimes committed against the Sudeten Germane can be seen from (he fact that they covered themselves and their accomplices by means of a so called act of oblivion, opposing both to morales and to the principles of right and justice (Law of May 8th, 1946, colleclion of laws and regulations 1946/51). This "law" is in fact nothing but a glorifcation of genocide.

Appendix VIIa

Law of May 8th, 1946

 The provisional National Assembly of the Czechoslovak Republic passed the following law:

 Article 1.

  Any act committed between September 30th, 1938, and October 28th, 1945, the object of which was to aid the struggle for liberty of the Czechs and Slovaks or which represented just reprisals for actions of the occupation forces and their accoMplices, is not illegal, even when such actions may otherwise be punishable by law.
Article 2.
1. Persons already sentenced by reason of such punishable actions are
    to be retried according to law.
2. The court in which the first trial took place is competent or, in the case
    that the court concerned no longer exists, that court which should be
    now competent in the fitst instance, had the illegality of the action not
    been cancelled under Art. I of this law.
3. If the action referred to in Art. I should coincide with another action,
    punishable at law, in respect of which the accused has already been
    sentenced by means of the same judicial decision, then the court will
    pass a new Judgement, whereby the verdict passed will be taken into
    consideration.

 Article 3,

  This law will come into force on the day of its official announcement,
those commissioned with the execution of the law are the Minister of
Justice and the Minister for National Defence.

signed Dr. Benes
signed Fieriinger

signed Dr. Drtina                                      signed Gen. Svoboda

Appendix-- IX

Edict of the President of the  Republic, dated May 19, 1945 Concerning
the invalidity of Transactions Involving Property Rights from the Time of
the Oppression and Concerning the National Administration of Property Assets of Germans, Magyars, Traitors and Collaborationists  and of
Certain Organizations and Associations

Upon proposition of the Government I decree:

Article I

1. All transfers and transactions involving property rights regardless of
    whether they involvemovable or immovable, public or private property
    are invalid provided that they have been made under the pressure of
    the occupation or under the national, racial, or politic persecution after
    October 29, 1938.
2. The manner in which claims arising by virtue of the provision of
    Subsection 1 shall be raised will be prescribed in a particular edict of
    the President of the Republic provided that It has not been prescribed
    in this edict.

Article 2

1. The property of persons upon whom the country cannot place reliance,
    being within the territory of the Czech Republic, will be placed under
   national administration  in accordance with the further provisions of this
   edict.

2. Property transferred by such persons  after October 29,  1938,  shall
    also  be  deemed  to be property of persons upon whom the country
    cannot rely unless the person acquiring such property had no knowledge
    of the fact that property of such nature was involved.

Article 3

All enterprises and all property assets shall be taken under national administration wherever this is required in the interest of continuous production and economic life.  This  applies especially to production
plants and other enteiprises which have been deserted and to property
assets relinquished or to such facilities or such property assets which
are in the possession of, or administrated by, or leased to persons upon whom the country cannot rely.

Article 4

As persons the country cannot rely on shall be considered:

a. Persons of German or Magyar nationality,
b. Persons, whose activities have been directed against the
    governmental authority, independence, integrity, democratic-republican
    system, security and strength of the Czechoslovak
    Republic, who Instigated such activities or tended to induce other
    persons to take such actions, and intentionally supported the German
    and Magyar occupiers in any manner whatsoever. As such supporters
    shall be considered for example; The members of Vlajka Rodobrana,
    the Advance Batalllons of the Hlinka-Guard, the leading officers of the
    Association for Cooperation with the Germans, of the Czech League
    against Bolshevism, of the Curatory for Education of the Czech Youth,
    of the Slovak-Catholic Hlinka party, of the Hlinka-Guard, of the Hlinka
    Youth, of the national Central Association of Employees, of the
    Association for Agriculture and Forestry, of the German-Slovak
    Association, and of other fascist organizations of similar nature.

Article 5

Those juristic persons shall be deemed as persons upon the country
cannot rely, whose administration has served intentionally and knowingly
the Germans or Magyars in carrying on the war or has served fascist or Nazi purposes.

Article 6

As persons of German and Magyar nationality shall be considered
those who on the occasion of any census since 1929 acknowledged
their German or Magyar nationality or who became members of national groups or organizations or political parties In which persons of German
or Magyar nationality were united.


 

Appendix  X

Edict of the President of the Republic dated  June 21, 1945

Concerning the Confiscation and early Re-allotment of agricultural
Property of Germans,Magyars, as well as of Traitors and Enemies
of the Czech and Slovak People.

Compilation of Statutes and Enactment's No. 12

Following the demand of the Czech and Slovak people without land
for an effective implementing of the land reform and led by the desire
once for all to take Czech and Slovak soil out of the hands of the
foreign  German and Magyar  landowners as well as out of the hands
of the traitors to the Republic and to give it into the hands of the Czech
and Slovak farmers and persons without land I decree upon proposition
of the government as follows:

Article I

1. With immediate effect and without compensation  and for the purpose
of the land reform such rural property shall be confiscated as is owned by
    a) all persons of German or Magyar nationality, without regard to their
    citizenship,
    b) traitors and enemies of the Republic without regard to their nationality
    and citizenship especially those who demonstrated their hostility during
    the crisis and during the war in the years 1938 to 1945,
    c) corporations, partnerships and other associations the management
    of which knowingly and intentionally supported the Germans in carrying
    on the war or which served fascist or Nazi aims.
2. The agricultural property of persons of German or Magyar nationality
    who  participate in the combat for the protection of the integrity and for
    the liberation of the Czech Slovak Republic shall not be confiscated
    under the provisions of subs. 1.
3. The District National Committee is competent to decide upon application
    of the competent farmers committees whether an exception according
    to subs. 3 shall be made. Doubtful cases shall be submitted by the
    District National committee to the Provincial National Committee which
    shall forward them with an opinion to the Ministry for Agriculture for
    final decision. The latter shall decide by agreement with the Ministry of
    the Interior.

Article 2

1. Those persons shall be considered  as  of German  and  Magyar
    nationality  who on  the occasion of any census since 1929
    acknowledged their German or Magyar nationality or who became
    members of national groups, organizations or political parties in which
    persons of German or Magyar nationality were united.
2. Exemptions from the provisions of subs. I will be laid down in a
    special Edict.

Article 3

1. Those persons shall be considered as traitors and enemies of the
    Czech-Slovak: Republic
    a) whose activities were jointly or separately directed against the
    sovereignty, the independence, the integrity, the democratic-republican
    system, the security and the defensive power of the Czech-Slovak
    Republic, who instigated such activities or seduced other persons
    thereto, and, in any manner, intentionally and actively supported the
    Germans and Magyar occupiers.
    b) Such juristic persons whose activities intentionally and actively
    served the Germans carrying on the war or served fascist or Nazi
    purposes.
2. The authorities competent to decide whether or not a natural or juristic
    person is subject to the provisions of subs. I a) b) are: the Provincial
    National Committee in the area which the rural estate concerned is
    located, upon application of the competent District National Committee.
    Doubtful cases shall be submitted by the Land National Committee
    to the Ministry for Agriculture for final decision. The latter shall decide
    by agreement with the Ministry of the Interior.

Appendix XII

Constitutional Edict of the President of the Republic of August 2, 1945, Compilation
of Statutes and Enactment's No. 33/1945, concerning  the  right to  Czechoslovak  citizenship of persons of German  and  Magyar nationality.
 
With regard to the proposal of the Government and in accordance with the Agreement
with the Slovak National Council, I decree:

Article I

1. Czechoslovak citizens of German or Magyar nationality who acquired German
    or Magyar Citizenship under the regulations of the foreign occupational forces
    shall have lost their  Czechoslovak Citizenship by so doing..
2. The other Czechoslovak citizens of German or  Magyar  nationality  shall  lose  their
    Czechoslovak citizenship on the day this edict comes into force.
3. This edict does not apply to Germans or Magyars who, during tho period of
    increased threat to the Republic (Article 18 of the Edict of the President of the
    Republic, dated June 19, 1952 concerning the punishment of National Socialist
    Criminals, Traitors and their Accomplices and concerning the Special People's
    Courts) registered as Czechs or Slovaks during the official census.
4. Czechs, Slovaks and persons of other Slav nationalities who during that time
    professed    thcroselves Germans or Magyars under pressure or under
    extenuating circumstances shall not be adjudged Germans or Magyars insofar
    as the Ministry of the Interior, after a thorough examination of the particulars
    quoted approves the attestation of national reliabilty as issued by the appropriate
    District National Committee.

Article 2

1. Persons  to whom  the provisions of Article I  are  applicable, and who  prove
    that they remained loyal to the Czechoslovak Republic, that they never
    committed any offence against the Czech and Slovak people, and that they
    either participated actively in the fight for liberation or suffered under the
    National Socialist or fascist terror, shall retain Czechoslovak citizenship.
2. The application  for a certificate  stating  that Czech citizenship  my  be retained
     can  be submitted to the appropriate District National Committee within 6 months
    of the day this Edict comes into force and, if the applicant resides abroad, can
    be submitted to the appropriate consular authorities. The result of the application
    shall be decided by the Ministry of the Interior after considering the
    recommendation of the Provincial National Committee and, in Slovakia, the
    proposal of the National Council. The persons in question shall be considered
    as Czechoslovak citizens until a final decision is made, provided that the District
    National Committee or the authorities representing it Issue a certificate stating
    the circumstances mentioned above.
3. The retention of Czechoslovak citizenship in the case of Czechoslovak military
    persons of German or Magyar nationality shall be decided on ex officio in the
    shortest possible time by the Ministry of the Interior after considering the
    recommendation of the Ministry of National Defence. Until the official decision
    is made they shall be considered as Czechoslovak  Citizens.

Article 3

Persons, who have lost their Czechoslovak citizenship under Article I may apply
to the appropriate District National Committee or the authorities representing it
for restitution within 6 months of the date which will be appointed in the promulgation of the Ministry of the Interior and published in the Compilation of Statutes and Enactmcnts. The Ministry of the Interior after considering the recommendation of the  Provincial National Committee in Slovakia, after considering the recommendation of the Slovak National Council  shall decide the result of such an application after an objective consideration of the case, it shall not approve an application, however, if the applicant has violated his duties as a Czecho-Slovak citizen.  Provided that no Government Decrees stipulate otherwise,  the general regulations concerning the acquisition of Czechoslovak citizenship shall apply also to these cases.


 


Appendix XIII

Edict of the President of the Republic, dated October 25, 1945, Concerning the Confiscation
of Enemy Property and the Funds of National Regeneration (Compilation of Statutes and Enactment's No. 108)

With regard to the proposal of the Government and in accordance with the Agreement with
the Slovak National Council, I decree:

Part I
Confiscation ol Enemy Property

Article I
Extent of the Property Confisciated

1. Any immovable and movable property shall be confiscated without any compensation
    to the benefit of the Czechoslovak Republic, and to the extent that this has not been

    effectuated until now, in particular properly rights (as claims, securities. immaterial
    rights) hich on the day of the factual termination of the German and Hungarian
    occupation was owned or which is still owned:
    (1) by  the  German Reich,  the  Kingdom  of  Hungaria,  by  juristic  persons  incorporated
    under the public laws of Germany or Hungaria, by the German National Sozialist
    Party, by the Magyar political parties and other groups, organizations, enterprises,
    institutions, associations, funds and property of these regimes or connected  therewith
    as well as of other German or Magyar juristic persons, or
    (2) by  natural persons of German or Magyar nationality  with  the exception of persons
    who prove  that  they  adhered  faithfully  to  the  Czecho-Slovak  Republic,  that  they
    never committed any offense against the Czech and Slovak people and that they either
    participated actively in the combat for their liberation, or suffered under the National
    Socialist or fascist terror, or
    (3) by  natural  persons,  who have displayed  activities  directed  against  the  sovereignty,
    the independence, the integrity, the democratic-republican system, the security and
    defense of  the Czechoslovak Republic, who have instigated such activities or have
    solicited other persons to carry on such activities, who, by any manner, have intentionally

    supported the German or Magyar occupants or during the period of the Increased threat
     to the Republic (Article 18 of the Edict of the President of the Republic, dated June 19,
    1952, Compilation of Statutes and Ordinances No. 18, Concerning the Punishment of
    National Socialist Criminals, Traitors and Their Accomplices and the Special People's
    Courts) have favored the Germanization or Magyarization within the territory of the
    Czecho-Slovak Republic or who have taken a hostile position against the Czecho-Slovak
    Republic or against the Czech or Slovak people, as well as by persons who have
    tolerated such activities by persons who have administered their property or enterprises.
2. The provisions of Subsection  I,  No.  3 apply also to juristic persons to the extent  that
    natural persons who are members thereof or share in the property or in the enterprise
    (shareholders) are responsible for the steps taken by the board representing the iuristic
    person or that these persons have failed to use the appropriate diligence in the selection
    and supervision of the board.
3. Likewise subject to confiscation is any property which  during the period  subsequent to
    September 29, 1938, has been owned by persons mentioned in subsections I and 2 and
    which during the time set forth In subsection I, sentence 1, has been owned or is still
    owned by persons in the possession of which it would not be subject to confiscation
    unless the inclusion of such property in the confiscation would not comply with the
    principles of equity.
4. The competent District National Committee shall determine whether or not the prerequi-
    sites of be confiscation under this edict exist. The decision can be served by publication,
    even if the prerequisites of Article 33 of the Governmental Ordinance, dated Januar 13,
    1928. Comp. No 8, Concerning the Procedure in Matters Which Do Not Fall Within the
    Competence of Political Authorities (administrative procedure) are not complied with.
    An appeal can be filed from the decision of the District National Committee with the
    Provincial Committee, in Slovakia, with the competent authority of the Slovak National
    Council. The Provincial National committee (in Slovakia the competent authority of the
    Slovak National Council) may  even in the course of the proceedings  assume the carrying
    out of the procedure and decide the matter as the first instance. If the Provincial
    National Committee (in Slovakia the competent authority of the Slovak National Council)
    decides in this manner as first instance an appeal may be filed with the Ministry of the