Tokens: 42
.
After
analysing
the
situation
in
which
Latvia
had
found
itself
as
a
result
of
the
events
in
1940
and
the
German
invasion
,
the
Regional
Court
concluded
that
the
applicant
could
under
no
circumstances
be
equated
to
a
“
representative
of
the
occupying
forces
”
.
On
the
contrary
,
he
had
fought
for
the
liberation
of
the
country
against
the
occupying
forces
of
Nazi
Germany
.
As
Latvia
had
been
incorporated
into
the
USSR
,
the
applicant
's
conduct
had
to
be
considered
in
the
light
of
Soviet
law
.
In
addition
,
he
could
not
reasonably
have
foreseen
that
he
would
one
day
be
classified
as
a
“
representative
of
the
Soviet
occupation
forces
”
.
With
regard
to
the
Mazie
Bati
operation
,
the
Regional
Court
accepted
that
the
villagers
had
collaborated
with
the
German
military
administration
and
handed
over
Chugunov
's
group
of
Red
Partisans
to
the
Wehrmacht
and
that
the
attack
on
the
village
had
been
carried
out
pursuant
to
the
judgment
of
the
ad
hoc
military
court
set
up
within
the
detachment
.
The
Regional
Court
also
accepted
that
the
deaths
of
the
six
men
from
Mazie
Bati
could
be
regarded
as
having
been
necessary
and
justified
by
considerations
of
a
military
order
.
However
,
it
found
that
such
justification
did
not
extend
to
the
killing
of
the
three
women
or
the
burning
down
of
the
village
buildings
.
Consequently
,
as
they
had
not
confined
themselves
to
executing
the
ad
hoc
military
court
's
judgment
,
but
had
acted
beyond
their
authority
,
both
the
applicant
and
his
men
had
committed
an
act
of
banditry
for
which
they
bore
full
responsibility
.
Furthermore
,
as
the
commanding
officer
,
the
applicant
was
responsible
for
acts
committed
by
his
unit
.
However
,
since
banditry
did
not
fall
into
the
category
of
offences
exempt
from
statutory
limitation
,
the
Regional
Court
relieved
the
applicant
of
criminal
liability
on
the
ground
that
the
prosecution
of
the
offence
was
statute
barred
.
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