In post-war Belgium circa 53.000 persons were convicted for collaborating with the
enemy. In about 3.000 cases the military courts, entitled to judge collaborators,
pronounced the ultimate punishment: death by firing squad. Since 1863, with a few
exceptions, all death sentences had been almost automatically commuted into a lesser
sentence. ...
(Show more)In post-war Belgium circa 53.000 persons were convicted for collaborating with the
enemy. In about 3.000 cases the military courts, entitled to judge collaborators,
pronounced the ultimate punishment: death by firing squad. Since 1863, with a few
exceptions, all death sentences had been almost automatically commuted into a lesser
sentence. Nevertheless, confronted by a large number of defendants sentenced to
death Belgium finally carried out 242 executions between 1944 and 1950. Once the
perception was developed among the decision-makers that the purge of wartime
collaboration was not always being implemented equitably the majority however
avoided the death penalty by the use of the right of clemency. In 1950 the Christen-
democratic minister of Justice Ludovic Moyersoen eventually decided to reestablish
the Belgian tradition of commuting every death sentence, despite the fact that not
every death sentence of both political responsible collaborators as of the so-called
tueurs (killers) was carried out. To grant even the most serious cases clemency he
created the “motivated decree”. It was no more or less a judicial fiction to provide an
official justification of his decision, with the promise that those who dodged their
punishment by a “motivated decree” would no longer be considered eligible for a
reduction in their subsequent sentence. This paper seeks to measure the effectiveness
of this “motivated decree”. Of the about 60 persons granted clemency in this way,
how many actually never left prison? It appears that most of them were released on
parole in the 1960s. How could this happen, taking into account the original aim of
the “motivated decree”? On which condition did they get free? How did the patriotic
and resistance organizations respond to this policy? And important, how to explain
this leniency? After all, the responsible ministers of this re-integration policy were to
be sought on the leftwing, the Liberal Party and especially the Social-Democratic
Party. They had always opposed to earlier measurements favoured by the Christen-
democratic party to liquidate the consequences of the post-war purge.
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