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December 14, 2016
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May 3, 1951
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... .4 . Approyckftstsgfrifm*204 thitall-NsP6-?EV001010020005-1- .. . ... CENTRAL liCITtLOGENCE AGENCY REPORT NO! , INForRJvIATfb1r REPORT CD NO. USSR SUBJECT Soviet Justice PLACE axi ACQUIRED _DATE 6X1 ACQUIRED BY SOURCE 1 Fundamental Features oyemocratic Justice Soviet Principles of Adxistering Justice 2.965Z1A 25X1 DATE DISTR. _3 4141 & 1951 NO. OF PAGES 2 NO. OF ENCLS. (LISTED BELOW) SUPPLEMENT' TO REPORT NOI 25X1 25X1X 1. Relativism and Terro sm 2. Principal Protective Ieasures 3. Duties of a Denouncer\ Collective Responsibilities, Judging by Analogis and the Backward Neration of Law. Worldwide Reach of Soviet Justice. 4. Soviet Humanitarianisnkand Justice 5. The Outgrowth of Extrat4udicia1 Justice 6. Espionage and Trotskyi6 7. The Justification of the Economic System 8. Conelkaens III. Organizations Administering Justice Techniques of Investigations. and C 4.. Judicial Organization MVD 3. Methods of Arrests 4. Investigations ? 5. Prisons 6. Judicial. Channels : 25X1A Approved For Release 20021424 : CIA-RDP80-00926A003200020005-1 CONFIDENTIAL/US OFFICIALS ONLY IV. Executing Sentences 1. Kinds of Punishment 2. Death Cells 3. Deportation 4. Railroad Transportation 5. Deportation Prisons 6. Separation Camps 7. River Transport 8. Living Conditions and Work in Prison Camps. -2- V. USSR Peoples Prison I.It is Only a Change in Name" 2. Camp Org#nizations 3. Number of Prisoners VI. Conclusions CONFIDENTIAI/US OFFICIALS ONLY o. 25X1A OFILDUD926A00.4D00200054-"' 25X1 Approved For Release 2002/07/24: CIA-RDP80-00926A003200020005-1 Approved For Release 2002/07/24: CIA-RDP80-00926A003200020005-1 Approver Release 2002/07/24: CIA-RDP80-001A003200020005-1 Tab'e of Contents. J..Fundaiontal eatures of Deqlocr tic Justice TI.Soiriet iLi,i?ls of Ad-ni'islein,, Thstice errorisrn inciLl ir)tective eaores 3.Dties of a De auncer,Colleotive Ae'po 31bilitie3,J7dging 1-y Analogies ,and the Packward Ope ation or law.The World Wide Reacil of Soviet Justice. 4.So-riet .111 anitarism and Justice 5.V-e Dutgrowth of Extra-Judical Justice 6.'spionage an Trotc-yism 7.The 'u3tification of tl,e T-]cononic -;ystem C.Conchasions III. .0r:anisations Administering Justice Technics of investigations and court rrocedures 1.Judical OrgaAization 2. MVD, 3.MethoOs of Arrests 4.Investigations 5. Prisons 6.Judicals Chnnels IV. Executings 3entences 1.Ki_ds of PunIshment 2.Death Cells . 3.Deportation 4.Railroa,4 Transportation 5. Deportation Prisons 6.Senaration Camps 7.1iiver Transport 8.Living aonCitions an Work in Prison Camps V. USSR _Peoples Prison 1.; at is only a Cange in %aJne' 2.Camp Organizations 3.Number of Prisoners I. Conclusionx CONFILENTIAL/US OFFICIALS ONLY or Release 2002/07/24: CIA-RDP80-00926A003200020005-1 ApproveOor Release 2002/07/24 : CIA-RDP80-0090003200020005-1 Table of Contents. I.Fundamental Features of Democratic Justice II.Soviet Principals of Admi!Astering Justice 1.Relativeism and Terrorism 2.P incipal Protective lteasures 3.Duties of a De-auncer,Collective Re7po1stbilities,JAging by Analogiesond the Backward Ope ation of law.The World Wide Reach of Soviet Justice. 4.50-iet F?u-anitarism and Justice 5.T1-e Outgrowth of Extra-Judical Justice 6.Fspionage and Trotcyism 7.The lustification of thP Pcono-ric ystem 8.Conclusions III. Oraanisations Administering Justice Technics of investigations and court crocedures 1.Judical Organisation 2. MVD. 3.Methods of Arrests 4.Investigations 5. Prisons 6.Judicals Channels IV. Executings Sentences 1.KiAs of Punishment 2.Death Cells 3. Deportation 4.Railroad Transportation 5.Deportation Prisons 6.Separation Camps 7.River Transport 8.Living Conditions and Work in Prison Camps V. USSR _Peoples Prison 1.; It is only a Change in Name' 2.Camp Organizations 3.Number of Prisoners VI. Conclusionx .4- 25X1A 7/24 : CIA-KU Goialuzz c.L.aa 0-zuuu5-1 25X1X Approveddir Release 2002/07/21 : CIA-RDP80-0092.03200020005-1 SOVIET JUL- 2I0E .e.t..A'T Fundamental Principles of Democratic Justioe For a more accurate comprehension of basic Soviet jusice, it is necessary to understand the basis of justice existing in democratic countries. This is indispensable to obtaining a comparative back- ground. In democratic countries, the first and fundamental condition of true justice is the principle, that justice must satisfy the follow- ing stipulations: 1. The court is equal for all. It serves to administer just- ice. It cannot be the tool of the governing group, nor can it serve the interests of one social group. 2, The court is independent in both, its structureLland it's activity, from the governing agent. These two principles are the fruits of many centuries of trad- ition, developed from the basic Aoman laws, modernized and bettored as a consequence of .;kiriatian influence on our conceptions of morals and justice. According to the, the fundamental principle of L:hrietian just- ice is individual freedom. Everybody is personally responsible to God and earthly justice for all of his actions. He is answerable, regardless of his social position, financial status, or connections. He is not responsible to any private individual, but to clearly formulated laws. The law is the property of the community, and serves the com- munity. Approved For Release 0-QQ.926A003200,020005-1 CuivivIDENTIAL/US OFFICIALS ONLY 2 Approvellor Release 2002/07/24: CIA-RDP80-000e003200020005-1 The most vivid exu:nple of just such u conception of justice is the United States of 21mericu, who in it's constitution separated wholly the judicial authority from the executive. In this way, it clearly guarantees it's citizens full freedom, since there is a bal- ance between the judicial and executive powers. li.ny xlmerican citizen can sue anyone, even the President and obtain a just verdict. Other democratic nations have the same principles of law, and if they differ in anywuy from the Ataerican, then it's only in minor details whiuh ao not annul personal liberties of all civilized countries. Besides these principles, others exist, which in short are: 1. 2o judge, it is necessary to prove guilt. 2. The law must be humanitarian. 3. There is no collective responsibility. 4. It isn't permissuole to set a punishment as a frightening example/it isn't allowable to judge an individual as an example to others. A 6. There is no crime if a law is not broken. 'The analogy is admissable only in civil law. 6. The law is not retroactive. No one can be punishea for acts committed prior to the enactment of a law prohibiting such acts. By the same token, no one can be punisheu for a crime committed during the existence of a law, if that luw has since been repealed. 7. It is not permissable to 'try- a person for the same crime more than once. The question is, do these same principles exist in the Soviet law? For the basis of analysis, I take the criminal code of the Union of Soviet Socialist itepublic council. This was issued. in Moscow, in 25X1A Approved r EtillevaalW1240}clie?RW8gyik01926A003200020005-1 3 Approved* . - Release 2002/07/24 : CIA-RDP80-0092.03200020005-1 1941, by the IJaridiczeskoje izdatielstwo NILJ_Sojuza L,L,H1 (Lawyer's Publishing Jo., Supreme jourt of the Lioviet Union), the Jri:Jainal Conduct Jode rUgolowno Processualnyj ILodeks RSY1-fli, and the conati- tution of the USSR which was published in 1936 aria ib universally known as Stalin's Constitution. In.certain republics, different criminal coaes exist, out they differ only in the number of articles, so that the code of the RbFL,R is decisive for. all of the USSR. 25X1A Approved For Release 2 gONFIDERTIAL/US 0 7/24 : CIA-RDP80,0092bA0uo2uu0z00u5-1 Approved Release 2002/07/24: 1A-RDP80-0092003200020005-1 PART II BOVIZT PAINUI2LE11)OF L ING JUL2IQL aliiaTeat I Relativeism and Terrorism The foundation of Soviet justice,as it's entire system, is rdlativtisr14. It manifests itself inuthe principle of Lenin, the foundor'of Uommunism, that: 'The courts are the instruments of the proletariat authority and the working eountry-man.1 'This motto is the slogan in all court rooms, and is hung above the heads of tae judges, for all to see. On the other hand the continuous inconsistency of the standards for dispensing justice, changing time atter time, depending on the political lines and party tactics, confirms this assertion. The famous - 'most progressive and liber 1 constitution in the world' prepossesses thi,Li in the juridical sense that the first articles of this constitution read: Art. 1, The USSR is a socialist government of the wor414g and peasant classes. Art. 2. The political foundation of the USSR is breatea by a working class delegates' council which grew and amassed, with the resultant overthrow of the landowners and. capitalists, and the attaining of a proletariat dicta- torship. The consequence of ellen principles of the uabil structure, and the specifically quoted Lenin principle of justice, is the first article of the R6Ft,R criminal code. 'The criminal legislation of the Rbb1.41 has as it task, the protection of the socialist workers and peasants ea order, from the CONFI.pENTIAL/US OFFICIALS ONLY Api3rOVeld For Release 2002/07/24 : CIA-RpF:80-0 A003200020005-1 Approve/kw Release 20027-07P247 CIA-RDP80-0090003200020005-1 socially dangerous acts practiced before individuals, which having been committed, can be counLeractes with measures of social protection listed in the aforemen- tioned code.' From the above articles of the constitution; and the criminal code, is this clear issue: the principle of free courts does not exist in Russia, but the worker-peasant class authorities have juri- sdiction over ?J,dministering justice. There is no justice for anyone other than the privileged class, justice serving as & tool of pro- tection for the common group, and for that reason it cannot be said that Soviet justice has for it's goal the discoveryof objective truths, which is the principle of administrative justice. In Soviet courts, no one appeals to anyone else for evidences of truth. Investigative techniques and court prooeures depend on prin- ciples of confessions of guilt, and repentance. To the question of the accused as to why gx/ he is being charged, the regulation answer is: "We will not tell you. It is up to you to confess, self-accuse, and repent". The Bolshevik courts are instruments of the proletariat and worker-peasant in the battle against the bourgeois and capitalistic world. The Russian government uses the courts as tools of terror relative to class distinction. The entire judiciary and penal appara- tus in the USSR is set up to exterminate enemies of the proletariat, and above all, enemies of Russia. It's terroristic character depends on this. The above ideals and principles of law manifest themselves even in court techniques, and the nomination of Bolshevik judges. Even the lowest court judges are chosen or appointed for a short period of time, and they are frequently functionaries of the IND, which is the invest- Approved For Ke lease -009201Q9ROM 0 *AC IALS ONLY Approved Approver Release 2002/0-7/24 !-CIA-RDP80-009.003200020005-1 igating organ. Obviously, under these circumstances, the motions presented by the public prosecutor, must reach the ear of a sympa- thetic and obliging judge. The terroristic character of Soviet courts manifests itself in the total lack of discrimination between the categories of crimes pursued by the public prosecutor, and those crimes under private investigation. ,t necessary basis for judicial investigations, and immediate application of preventive measures, including imprisonment, is every informer's report, even though it may be anonymous. This terroristic character of 3olshevik justice is more clearly and realistically shown in the formulation of legislative compre#en- sion of the crime of counter-revolution. This category of crime is dealt with in ,Irt. 58, which is the most formidable of all the articles in the Soviet criminal code. This article begins in the following general formula: 'Counter-revolution is considereo to be every deed, directed to the overthrow, uprising, or weakening of the authorative council of the worker-peasants, and elected by them, on the basis of the Constitution of the USSR and the constitution Of the governing republic, the government of the worker-peasants of the USSR, uni- ted and autonomous republic, or to rebel against or weaken the internal security of the USSR and the principles of economic, political and national conquerors of the proletariat revolution. Through the strength of intainational solidarity of interests in all workers, all such actions are also considered counter-revolu- tionary, if they are aimed against any other worker's states, even though they do not belong to the USSR."' After this introduction in 14 paragraphs (paragraph 1 has 4 sub- paragraphs', individual types of counter-revolutionary activities are 25X1A C ONF IDMif OFFS dIA T S ONLY Release 2002/0 /24 : CIA-RDP80-00926A003200020005-1 7 - Approv or Release 2002/07/24: CIA-RDP80-00 003200020005-1 defined, among which evident acts of treason and espionage can not awaken any kind of reservations. On the other hand, paragraph 14 of the aforementioned article has the unusual distinction of beine a regulation in the Bolshevik cJiminal code which, in every instance or circumstance, can be applicable to every citizen. Here is it's contents: Art. 58 Par. 14. - 10ounter-revolutionary sabotage, that is, a conscious disregard of duties assigned by anyone, or purposeful carelessness in their performance with the main purpose of weak- ening the governing authority and the effectiveness of the state's apparatus, has as a consequence - loss of liberty for a time not less than 1 tear, confiscation of all or part of 'property, with adaptations of more severe punishment for particularly extenuating circumstances, to the highest medium of community protection - death and confiscation of wealth.1 If it is taken into consideration, that in Russia, all phases of life are under state control, all inaccurately performed dutiesAW can be considered, and in practice are considered, as counter-revolu- . tionary sabotage, and are judged by par. 14, Art. 58. In the administration of punishment, the Bolshevik code often considers confiscation of property. If it is noted how difficult it is to acquire anythingin Russia, such as a decent suit, a watch, to say nothing of a little home or furniture, - then it stands to reason that confiscation of property, notably of a family of moderate means, is nothing more than application on a large scale, an easier form of collective responsibility. '25X1A 1 CONFI.DENTIAL/US OFFICIALS ONLY Approv For Release 2002/07/24: CIA-RDP80-00926A 3200020005-1 - 8 - Approve/11r Release 2002/07/24: CIA-RDP80-0091111003200020005-1 1,1Sit II PtinciplesUbasuree of State Protection When we begin to consider principles of law, and the need to comply with.athem and their punishment, then we com to the conclusion that our ppinions regarding the reality of the punishment are dividec.. Some people consider punishment as nothing more than a certain type of re- quital or payment to society for breaking society's laws. Simply stated, it is the revenge of society for committing an sot incomputiole to morals and ethics of the society in which the criminal lives. Others contend with the assumption that society does not have the right to demand punishment on the principle of revenge. Society itself is to blame because it did not give the offender the possibilityLito live honestly. Instead of punishment they propogate the principle of prevention and the education of citizens, and regarding offenses, to adapt community protective measures. In the theory of law, this prin- ciple is known as Fern's theory. Both of these opinions have their disciples..Land their opponents, in general however, there is a soundprevailing principle of applying laws as a means of protecting society. Russian law - in it's assumption - likewise steers itself to the principle of community protection. livith it's peculiar 'drive', and in consequence of it's exceeding giM ignorance of the 540 essence of this theory, brings this principle to criminal absurdities. In it's penal legislation, itussian law admits measures of -commu- nity protection towards persons who have not commited a crime or offense, but who can ox is in a position to commit an offense, 8.rt. 9 of the criminfa conduct codo plainly states when community protective measures are applicable: 1. Prevention of new offenses which may be committed by persons 25X1A Approved i-or se 2002/07/24 ARDP80-00926A00,3200020005-1 .GONFIDENTIAL/BB Jc).F_ErIcIALS ONLY I, .. 9s. Approve411,or Release 2002/07/24: CIA-RDP80-004111A003200020005-1 who had alreadY perpetrated a crime. 2. Influencingnother wavering members of society. 3. Adjusting perpetrators of criminal acts to conditions of com- munity life in a worker's nation. Preventive measures are divided into 3 categories; a) community protective measures with a judicial-corrective characteristic, b) medicinal characteristic, e) medical-corrective, that is mixed. The application of these measures are prudently set forth in suitable art- icles of the criminal conduct code (Art. 20 - 25). Community protection through judicial corrective measures adapts itself thru: a) compulsory expulsion from the USSR as an enemy of the working classes, b) deprivation of freedom in correctional work camps, o) deprivation of freedom in prisons, and at last as the supreme mea- sure of defense, d) a sentence of death before a firing squad. ' This * - ? last is temporarily suspended (at least in theory).iq ? In practice, the application of all these community protective measures in 992 of the cases, leads to imprisonment in concentration camps located in the remote regions 6f Siberia and Northern European Russia, as well as a sentence of death. When the punishment 'expulsion from the USSR' is considered, it would be treated by the condemned not as a punishment, but as a highest reward, if it were applied more often. Unfortunately, the history of Soviet justice can boast of scarcely a few instances of applying this paragraph in practice. They can be counted on the fingers of one hani: The exile of Trotsky, a few Polish officials of the Ministry of social welfare in 1942-3, and the latest banishment of the well know, through her pro-communistic convictions, the American writer Anna L. Strong. At first sight, it would seem that a similar ohapter for applying preventive measures exists in democratic) countries. That is however, 25, 1A pa,ZingitithCMIFINL003193?A00.3200020005-1 Appro. For Release 200-2/a47 CIA-RDP80-0.A003200020005-1 only 'at first sight'. The democratic admidistration of justice sets as it's 44 aim the disc;peure of objective truth. It cannot therefore, base the admini- stnLtion of punishment, solely on the principal of preventive measures. A condition fornapplying preventive measures is the removal of evidence that the suspect is, or can become a menace to society. =ehis is a clear out affair, and is readily conveyed, if it can be applied helpfully with adequate legal medical advice, supported byAelements of professional opinions. That is a stipulation of applying community welfare defense measures, and even democratic law is extremely careful in the appli- cation of this law. The American laws are especially careful, and in many instances, stipulates that a measure for community protection can be abolished in oases that have distinct symptoms of improvement. In democratic countries, this theory applies only to criminal cases. It is not permissable to apply this theory to an offense of an idealistic- political nature. Democratic nations are guided by the everlasting principles form- ulated in the snort but full essence of the five freedoms. Beine guided by them, they cannot conform to the theory of applying communitynpro- tective measures without restrictions, as it couldn't be reconciled with objectives, or with respect of personal liberty, or even with free thought. The result of applying this principle is the compulsory res- triction of czeativeness and individual development. 'woe know full well that individual development is the foundation of humanity's development. The application of this principle is possible solely in a dictatorship. It is possibly only in boviet AU8Sia, where the theories of a proleta- riat dictator, and the practices of a dictator's clique use the pretext of justice, which they themselves define, as 'a toll of the regime in powereand a means of protecting one class.' Only and exclusively, in a Approved F3Mellase 20 -WW-1404149g9r4iNg"IlICIALS ONLY Approved For Release 2002/07/24: CIA-RDP80-00926A003200020005-1 11 one-party dictatorship, in which justice is defined as being a tool of the reigning political system, the theory of community protective mea- sures may have - and unfortunately has - it's own application. The very definition, that the 6oviet is a state of laborers the basis for the courts to judge as to who is a danger welfare, The 'nextpoint in Art. 9 expects to and peasants, is to the common use punishment as a meansato 'strengthen wavering members of the state'. iiho are the wavering? Well, let's try to define it: a wavering member is one who is subject to doubt that all that is subnitted as truth uy the government - is right. The next paragraph metes out punishment, not oeaause a person is guilty, but to 'adjust offenders to life in a worker's state'. In paraphrasing the legal terms, the entirety of this unusual principle is as foilows: tWe will educate -you as we see fit, and as is convenient to us. If you don't like it, and if you show any signs of individuality, or betray even the slightest capacity for argumentation, you will be sent to prison.' It is indicated again: Laws are the tools of terror, and subjective education of the maaaea. . The law had changed itself into a tool of collective revenge of one class over another: Approved For Re 25X1A L2002/07/24: RDWaiabilMoligadel'itsOHLY - 12 - Approved.' Release 2002/07/24 : CIA-RDP80-00920)3200020005-1 Cniu.i LILA II I Duties of a Jienouncer, Oollective Aesponsibility, Judging by analogies, and the Aetro-active Operation of Law. 2he world vgide Aeach of j3o1shevik Justices In order to aid the machine that is responsible for terroristic acts and the 'overseer' of it's tasks, the farsightea Soviet judioials incorporated articles and paragraphs which practically force all the citizens to cooperation with the investigating and judicial organs. number of paragraphs exist, which make it imperative for the citizens to act as policemen and spies, and the obligation of denunciation. Luck of cooperation is punishel. . Vindictiveness, the lowliest trait of people standing at the lowest level of development, found it's place in suitable rules which seem to make laws work retroactively. The paragraph dealing with the right of judging by analogy, extends the possibility of lifetime punishment. So that there wouldn't be any doubt that Soviet law is the tool of the rulers, and inexorably prosecutes all antagonists, there is a law which authorizes Soviet justice to act over the whole world. The famous art. 58, par., O says: 'In the event of desertion of military personnel, and flight across the borders, all members of his family who are of age, and have aided in the preparation or completion of the treasonable act, or who ktve ,bewn aware of it, ana have not informed the authorities, 25X1A are sentenced from 5 to 10 years imprisonment arm confiscation of all property: ,111 mature members of the traitor's family who have lived with him, or have been supported by him at the time of the offense, are liable to loss of voter's rights and deportation to the remote regions of Siberia for 5 years" TU. " .1^A01-zu i1-.1.. 1 c Or:F T.DEI IT IAL /US OFF IC [ALS oTILY -re at not tally because it Approved For Release 2002/07/24 : CIA-RDP80-00926A003200020005-1 Approvilor Release 200270i/44 7CIA-RDP80-00941?003200020005-1 orders the denunciation of members of your own family, (democratic laws allow the privilege of not testifying against relatives) but also because it automatically calls before the bar, and sentences all members of the family, whether guilty or not: This is a typical example of collective responsibility that is so characteristic of a totalitarian organization. Let's not forget the perfect principles of German justice which sentenced millions to death for being members of a certain race, nor forget the deaths of millions of families, just because one member of the family fought against Naziism. Such a law exists now in hussia, hussia adapted that law in a somewhat different form. We didn't want to believe this until the time that a great number of soldiers had personally seen the brutality of camps like buchenwald and Dachau, and we don't want to believe the reality about AU8Sia even now. But it is a fact! A fact established by laws An average person, accustomed to the orderly laws of a democracy, cannot comprehend this type of lawlessness.which has a legal form. we cannot believe, that for example, a person who had lived with his family and had been a des ter from the army (in hussia, this is comparable to treason), that his entire family, parents, relatives, and even aiozawataimers a subtenant are sent to prison, tde family is for all tia.le separated, and even infants are punished since they are denied parental protection and are sent to orphanages where they are trained as robots, AO without heart or soul, without sentiments and other habits of the 'rotten bourgeois'. Art. 58 is the most widely. used article in the Soviet. At least 8()4 of all prisoners are sentenced on it's basis. Being an inmate of many prisons and labor camps, I often asked my fellow prisoners the reason for their ueing sentenced. The answer was Approved For 2.5 CONFIDENTIAL/US OFFICIALS ONLY /24: CIA-RDP 0-00926A003200020005-1 Approvaror Release 2002#0/114 !-CIA-RDP80-00946A003200020005-1 short: "family member". That is a very commonly met lerimet and isn't even commented on by prisoners of Soviet birth, since that is a thing taken for granted and isn't worth mentioning. This was strange only to the estern peoples, as they couldn't comprehen this principle of 'justice% Since being related to an offender is an offense in itself, and is punishable by trial, it isn't at all odd that communistic zeal attempts to apply these principles not only in the eourts ,but also in every phase of life. lifter all, Soviet law expects and teaches the tirxter- mination of class enemies'. Every right thing Uommuniat, every step of official organs, and every office is authorized to practice the act of extermination. In stusaia, there has been established a custom of hereditary and collective responsibility which is not encompassed in the framework of the code, but found in written orders from the ruling powers On the information sheet of every prisoner or suspect, following the general rubrics regarding name, age, and profession, follows a question not found anywhere else in the world: social extraction (aocproizehozdzenije). It isn'tafoilnd in countries half feudalistic, but is is found in the country of 'social equality'. If a prisoner finds himself in the unfortunate position of having a father who was any aort of a proprietor or, God forbid, a state official, there is no power which could wrest him from the clutch of the IND. hfter all, the law defines him as being an tenemy of the classes'. Your father was an enemy, so that makes you an enemy. To this day, there exists in Aussia, a special class of tlicentees' that is, scraps. There aren't many, it is true, because they were weedea out by decree. These few are former proprietors, their families and their descendants. They are deprived of all citizenship rights, and do not even have the right to serve in the army. 25X1A Apprc, I CONFIDENTWIUS OFFICIALS ONLY v For Release 2002/07/24: CIA=RDP80-00976A003200020005-1 Approvelir Release 2002/D7P24 :r1A-RDP80-009110003200020005-1 During the period of in'Genue liquidation of 'enemies of the state', 1930-32, the newspapers were full of personal proclamations in which sons renounced their fathers, etc. Later these proclamations somehow vanished.. Bvidently they didn't do any good. The principle of collective responsibility in intern-tional aspects is also seen in the Soviet code. I have already cited the oe- ginning of- 4irt. 58. It's last sentence reds: '2hrouc:h thc mignt of international solidarityAof interebts of all workers, counter-revolu- tionary acts are also punished, if they are aime:i aizainbt any other worker'3 states, ove,i thot_ not encompasbed in the USSI-'. 2aragraph 4 of this artiele reads: 1-lavidence of any help to that p rt of international capitalis, which does not recognize the ecuality of rights of the comL-,unio,ic system which will replace the capitalisttc system, and hastens to overthrow it, likewi-Je recognition of enemies of the USS efficiency carries the possibility of loss of liberty for a peri,I)C, of time to be not less i:han 3 years, on to the highest measeure of state protection, death before a firing squad tocether with...etc.' The prescribeu code -does not only concern Soviet citirLens, but also all those who may at some time find themselves in a sphere of influence of Soviet authority. Of course opposition to the organization of a communistic structure iu punishaole. For example, the fact that at one time you paid takes proves that you supported the capitalistic: structure, so you are an enemy and subject to punishment. In order to make certain that all opposition is unforgotten and punished, the farsighted Soviet law has in reserve still another characteristic paragraph, which like the others, conflicts with the principles of democratic law. This is par. 16, 58. It upsets the eternal and vighteous Aoman principle: 1Justice i8 25X A /Lvov 002/07/24 : CIA-RDP80-00926A003200020005-1 k- 01,7 ID= IAL /US OFF IALS OI Approved Release 2002/07/2146. CiA-RDP80-009261.3200020005-1 not retroactive' /lex retro non agit/. This paragraph, translated in lay language for the better under- standing of the reader, reads more or less as: If at any time you had ever done anyt American ing incompatible to boviet law(eg. you served in the therefore you upheld the capitalistic organization), even though you had acted according to the laws of your country, you were responsib e to the laws existing in Ausaia. The excuse that you knew nothing of this law, just as you are ignorant of the laws on Mars, is not accepted. You will be tried, because after all, the laws are written to be &,bided by. Par. 13 exists for all the world, and fore- sees 'measures for community protection' in the form of death before a . firing squad, with confiscation of property as an added possibility: That isn' all. It may happen, that in spite of such far-reaching laws already cited, a certain action may take place which will not be qualified to be listed as an offense (despite the existanoe of Par. 14). Could it be possible that there is a chance for the aocused to be set free? Well, let's see what art. 16 of the criminal code of the IISFakt says. 'If this, or any other act which jeopardizes community welfare is unforeseen for it is in the code, then the basis and sphere of responsibility etermined by those articles of the code which deal with acts eimilar to the one in question.' No other ofiminal codes in the world allow judging by analogies. This stems from the spirit of the old itoman principle, that there le crime if a law 1.8 not broken. Democratic law plainly states that a person is subje7t to punishment, only if a law forbidding such acts, exists during the commission of such an act. If the -6o1reviks adapted this principle, it might happen that many people would be freed from the threat of arrest. They don't want no 25X1A proved For Release 2002/07/24: CIA-RDP800926A003200020005-1 COTTFI.DENTIAL/US OFFICIALS ONLY Appr al For Release 2002/07/24: CIA-RDP80-00926A003200020005-1 A17 A this to happen The law has to be feared. Does thifysw have practical applications? Ouviouslyi Personall, I was sentenced, among other reasons, that to the question of tho! judge that as a polish soldier would I fight against Soviet Russia J answered, "1 would have fought had I been so commanded". That answer was underlined in my verdict as proof of my unwillingness to adjust mysel to communism. Hundreds of thousands of 2o1ih offi- cials were sentrnoed to years of imprisonment for performing admini- strative funoti?ns in -Poland, during itre independence. .ehousands of police were all? without benefit of trial simply because they were police, and therefore, guardians of the capitalistic organization. For proof of this Errement, I offer the name of one camp in which 5,000 police were imprisoned daring 19494440, from which none is left living: Ostaazkow, near Vologd414 Punishment 4.s meted out for the acts of your father and forefathers, and for the fact that you are living in a non-communistic world. 25X1 Approved F r Release ? 011111111111111111.11111111.111.111111- CONFIDENTIAL tUS OFFIC,IALS ONLY /07/24: CIA-R P80-00926A0032 002000o-1 in: Approve ftr Release 2002/07P/2P CIA-RDP80-0092003200020005-1 0IIP1i IV Soviet Humanitarism and Justice The Bolshevik anti-humanitarian administration the justice is seen the procedure with infants, children, and women, the tiftment of political prisoners, the irlation of the prisoner with regard to his family, the procedure doaling with pardons from the death penalty, the investigating methods, and organization of prisons Children !and youths do not constitute any and slave labor camps. special exceptions when tion of justice is considered in the USSR, The criminal devoting two articles Art. 12 of Part III, entitled *General the administr code treats tire affairs short and concisely, to them in it's general part. Principles of Penal Policy', establishes that: "Minors that have reachea the age of 12 and are ander suspicion of P committing robbly, perpetrating an outrage, doing bodily damage, crip- pling, or committing murder will be 'subject to trial with applications of all types of punishment". Art. 25 (:)) Part IV, when speaking of protective community measures, in the first place mentions: "returning minors to the custody of parents, guardians, trustees, relatives, if they have the power to restrain them - or other indivi- duals or institutions", More frightful than the letter of the law to sent9P,00 414494,, is the actuality of the sentence. I'll return to that later. Bquality of rights for the Soviet woman is seen in her treatment. regarding the administration of justice on an equal basis with meas result of this 25X.jik The is cynicism and shamelessness in procedures with yq the ff,618419.3V ca;ROP-a-b0926A0032Q0020005-1 OFFICLUS ONLY _ Approvaor Release 200267/1?: 61A-RDP80-009.003200020005-1 female prisoner, in methods of inveatigation, the brutality of admin- istering punishment, and it it's execution. 2regnancy ana care of an infant does not enter into the distribution of punishment. The penalty of death is applied with the same ruthlessness in regaras to a woman as a man, The sick and the ageh are tre-teu just as ruthlessly. ihe only exception established for pregnant women ana those under lb year:, is that the -death sentence can not be applie, to them /Art. 1,2 of the criminal code/.. Alpolitical or counter-revolutionary prisoner of the ,,eviet is treated a great deal worse than a common criminal. .his favoring of criminals Was not only establisheL throughhpractice, but it results from the principles of collective responsibility. If the father of a crimi- nal was not a proprietor, then by reason of his proletariat descent, he is considered a victim of the capitalistic system, ana for that reason merits leniency from the proletariat courts. A prisoner in Aussia is denied the privilege of communicating with his family not only during the time of investigation, but even during his entire prison term. He cannot even let them know he had been arresbed, or to what prison he is confined. The Soviet prisoner has no possibility to complain of abbuses practiced by the prison superintendent or the investigating organ. 3very complaint must go through the prison chief, and the prisoner can not check whether it had been delivered. If it should happen that a procurator visits the cell plocK, then no one will be so thoughtless as to voice a grievance that had not gone through the prison chief. Actual loss of citizenship rights uoes not start when a verdict is handed down, out from the moment of arrest by the MVD. During the time of investigation, the most brutal methods are used to force a confession. These methods do not yield in anything, and in 25X1A, mppro ved For Keiease 2 _ 002/97424 : CIA-RDP80-00926A003200020005-1 GONFLuEHTIAL/LJS QiI?iS OIFLY provec!,,pf,fot-ii*:1-?ftwitgqfic:IcIA-Rpeo-o0926A003200020005-1 Approveilkor Release 2002/T7& :CIA-RDP80-0041003200020005-1 some oases surpass the notorious methods of Hitler. Particularly glaring anti-humanitarianism is seen in the procedure and treatment of the prisoner sentenced to death. Anticipation of a pardon while waiting for confirmation of the verdict may last months. The prisoner is kept in the death cell all this while, in an atliosphere conducive to madness. So called reformatory labor camps, and in particular concentration camps, - disregarding difficult climatic coniiitions - are SO organized that only those prisoners that huveea strong physical construction can survive in thew for any treat length of time. he main ta'A.c of these _ labor camps is the mass biological extermination of enemies of the communistic party. 25X1A Ap )7/24: CIA-RDP80-0e - 21 ? Approveillor Release 2002/07/24: CIA-RDP80-00911k003200020005-1 OIL122-1,1 V The Outgrowth of illxtra-Judicial Justice The xsighted and far-rechi '3oviet law, which even forsees the application of soviet laws on terrain not yet embrace with Soviet 'justice' is not the only organ of judgment in the usalI. tn institution which is mightier and more formidable than the law and constitution combined exists inmthe USSR. This institution is know as 'Ministerium Wnutrennych Dial' - The Ministry of Internal ffairs - the last incor- poration of the notorious 'Czekal. In spite of rt. 112 of the Soviet constitution which eStaelishes that 'judges are independent, they are subject only to the laws', the court with it's rules is not the principal institute dispensing justice. At least 90% of the 'justice' meted out to political prisoners is in the power of the MVD, beyond the realm ofmthe court. The MVD is the communistic vanguard of armed revolution and Soviet rule, and keeps an eye on the political trenu of thought of it's citi- zens, regardless of whether they are members of the communistnparty, the military, or government officials. The MVD received legal recog- nition from the Executive Central Committee of the USSR, which although being unconstitutional, nevertheless in general practice has more meaning and is more important than the legal courts. The practice of extra-judicial justice is more wide-spread and more severe than the legal kind of justice. The democratic structure also has it's extra-judical justice - the administrative. However, the administrative fines are so unimportant, and comprise only a small categgry of offenses that only a small per- centage of people are concerned with the existanoe and activity of this organ. Minor traffic violators, inebriated disturber's of the peace, and creator's of a public nuisance feel the activities of administrative '25X1A Approved For Release 2 9211=3200h008WicIALs ONLY Approve - 22 - Approved?Release 2002/07/24: CIA-RDP80-00921111103200020005-1 laws through the payment of a fine, or a day of arrest. The Soviet method of administrative justice is so universal and handles such a wide sphere of offenses, that the greatest percentage of the convicted is through the efforts of the IND, and these sentence range for many, many ye-ars. The practices of the MVD were never, in any place, publicly pro- claimed and no one, with the exception of a small group of the olit- bureau and the heads of the MVD, knows their extent and what areas it ooraprises. They are so extensive and so special, that they decide over life in the USSR, :Sven though no one has heard of, or doesn't know what these practices are, it does not prevent the authorities from punishing the people for their violation. 1,Ind that is flaw'. Soviet jurisdiction does not say that in order to acquire legal power of authority it is necessary to publish the ft.ct. Why should it? Soviet legislation does not clearly define the difference between a" law and a disposition or order. In the West on the other hand, a dis- position must be supported by a law Binding the power, and must be publicized. The practical consequence of this principal of Soviet legislation is that th.e entire administrative subordinate activitynis not objective rule, but a poLitical aim. The might of the IND, and it's terroristic character, is based on these peculiarities of Soviet legislation. It is clear that this activity is an illegal one which endows Soviet justice, and the entire communistic system? an absolutelyre- actionary,character. We do not know the rules which the MVD follows, but we do know the -results of their 'labor', and these enable us to put forward the aeeer- , 25X1A riligaWithiliitil/DFMTA47,PDPM00926A003200020005-1 tion, thialt3 rfirtd .FtnReelFasre 2002/07/24 : CIAD -R P80-0092.03200020005-1 U t ki but -the livi) th 23 e main inetitution of diepen8ing Jae-Lice* Approved For Release 2002/07/24: CIA-RDP80-00926A003200020005-1 Approvilkor Release 2002/07/24 : CIA-RDP80-004.003200020005-1 ESPIONAZ & TAOTSALYISM The Russian L.uthorities came to the conclusion that it wasn't enough to deal with espionage in the criminal code, so they inserted the means of fighting it in their Constitution. Itrt. 133 of the USSA Constitution (1936) reads as follows: "Treason, breach of oath, going over to the side of the enemy, causing damage to the military power of the nation's espionage system, are punishable with the full severity of the law, as the greatest crime". Art. 58.,- par. 14 and 1B of the cyiminal cod,: states the maximum punishment for crimes specified in i.rt. 1, 2, and 3 ta of the Constitution. This is clear and understandable, and would need no discussion were it not for it's applications in specific instances during the existance of these particular articles. The specific naming of the espionage and sabotage act in the Constitution, and it's enforcement, created a special complex re- garding ea otagd.-- The result of this complex is the indubitable faet that in no other country in the world are there so many sentenced _ for aabotage as in Russia. (i).nd, unfortunately, do we know as little about any country as we know about Ausdia). Industrial sabOtage is dealt with the same as the military, and there is no difference in the punishment. This complex brought about the conclusion, that in the eyes of the law, every alien who is not a s:.'iIICIftur, is at least a candidate, and sooner or later, will become one. While innprieon, I did not meet a single alien who did not have a paragraph dealing with espionage affixed to his verdict. Nearly all Aussiaas having contact with aliens, even accidental, are in slave labor camps as spies. Personally I was sentenced ,=.J*,c?c-)('' ille(nd that because I was a messenger of the French intelligence, together with General Si- Approved For Release 2002/07/24: CIA-RDP80-00926A003200020005-1 2, Approvilkor Release 2002/07/24: CIA-RDP80-00111A003200020005-1 korski's band, and in contact with the English-American counter- intelligence (sio:0, strived to overthrow with force, the Soviet organization". I personally knew a Soviet engineer who was im- prisoned in a slave labor camp for many years, because he had 71 bought an arithmetic book from a German consulate official for 60 rubles (about 10 dollars). He was sentenced to 6 years tm- prisonment. The verdict was motiv6,ted because 'the sum was so Small, that there is no doubt that he must have given secret in- formation in addition to the money'. He was sentenced by the M71), and .the official charge was, 'suspected of espionage'. I could name hundreds of such oases. Another morbid complex of Soviet Justice is Trotskyism. The official 3olshevik doctrine defines Trotskyism as a radical leftist doctrine, depending on a program of permanent revolution, supported on one side against oapitalis, and from the other side against extremeunationalism. The theoretical difference between the opinions of Trotsky and Stalin depende on this, that Trotsky held out for the first plan for world revolution, holding Russia as an example, internal strife in capitalistic countries. Stalin resolved to create socialism in one country, which having been accomplished, he Would have started a revolution relying on his army. The interpretation of Trotskyism by the IND is very extensive. For the MTD, a Trotskyite is not only a follower of Trotsky, but he is in fact every Communist and non-Communist who 'does not adhere to the political line of Stalin. All foreign Communists who do not acknowledge the authority of the Cominform, or have no contact with it, are Trotskyites, and sooner or later, at the earliest possible time, find themselves imprisoned. I frequently met hundreds of Poles, Oseohs, Rumanians, and Hungarians, who were true Communists, and pit founiaihmisclirctmetee @fitrAte024q4#014@la80-00926A003200020005-1 Approviitor Release 2002/07g1 : CIA-RDP80-00941A003200020005-1 Incidentally, I can add that Soviet legislature passes out extremely high sentences for crossing the border, regardless of whether it be leaving or entering Aussia. Leaving Aussia is con- sidered treason, and can be punishable by death. Illegal entrance into Aussia is punishable by not less than 5 years imprisonment in a slave labor camp. More often than not, the sentence 5 to 8 years, which is tantamount to a life sentence. This complicated Soviet justice is the reason for the Iron is from Curtain. Approved For Release 2002/07/24: CIA-RDP80-00926A003200020005-1 Approvilkor Release 2003/0424 : CIA-RDP80-0041k003200020005-1 0i1,1223 VII The Justification of the Bconomic System The practical application of all these laws, and above all, the extra-judical justice is the C4asO of the imprisonment of from 10 to 15 million person in lila Soviet Aussia. This huge army of common slaves is forcel to labor for the benefit of the organization, literally for a piece of bread, und constitutes a great factor in the economic system of the Soviet. It very radically solves many economic problems, so Irll only name: a) the dumping of poliLical traffic on foreign markets, b) the unemployment situation, and c) the development of backward lalas. The cheapness of labor permits competition in the world markets. Since it has been in force, modern slavery has helped solve 4 problem that has always been a difficulty for capitalistic countries - the unemployment problem. The lack of laoorers is being felt in Auasia, and they are forced to an ever greater reach into the woman's reserve. iNomen are employed in ever widening spheres of labor. This great demand on labor would bring about a great migration of laborers in a search for greater employee benefits and better pay, which in reality constitute better living and climatic conditions. To avoid this, Russian law forbids the voluntary change of residence and place of employment. The rules governing punishment for tardiness and absenteeism are also very severe. The decree of 1940, with prudent foresight, states the severe punishment for leaving a place of employment, or being late for work. The law dealing with 'absenteeism' establishes the fine for missing one day of work, without a legitimate excuse, at a loss of 25'io .pay for a period of six months. ,t repetition entails a punishment of six months of labor without pay in a labor camp. third 'absence' is tantamount to an act of indlOW sabotage and is liable to J.,rt. 58 Approved For Release 2002/07/24: CIA-RDP80-00926A003200020005-1 TTTW.11TT' TA T./ITS OHH TT 0I{ ApprovihorRelease2002401/84rCIA-RDP80-009.003200020005-1 par. 14, and theoretically is punishable with the full penalty, including death, but in general practice a sentence of 8 years in a labor camp is meted out. Besides taprisonment in prisons and slave labor camps, there is a widespread practice in Russia of forced migration of people, and even entire populations, to Siberia and Uentral sia This action is dicta- ted by two motives: national politics, and economic plans for converting the Soviet into a compattEuro pean-dIsiatic nation. For the realization of such a grelt rebuildinc, a vast terrain has to be colonized. The needed colonists are recruited from the smaller nations as Poland, Lith- uania, Lore, Usbeck, and above above all, the Ukraine. The official statistics of the Soviet show ua,athat the lessening of the number of Ukranians in the Ukraine from 1930-1940 to be greater than 10 million. It is true that in those years about 4 million died from starvation, but there had also been a natural birth increase, (one of the largest in the world), so that it can be boldly stated that within 10 years about 12 to 15 million people had been forcefully displaced from the Ukraine. History is being repeated in the mass displacement of persons acc- ording to the examples of medieval and ancient times. The 20th century is reliving the epoch of slave tr ffic. It is happening in the 'most progressive nation in the world', which has the 'most liberal constitutionI in the world', and the 'most humanitarian law'. 25X1A Approved For Release 2002/07/24: CIA-RDP80-00926A003200020005-1 FOr IF I.DEITT IAL /US -OFT' T C TALE; ONLY 29 Approvefilor Release 2002/07/24: CIA-RDP80-009111(003200020005-1 Ca 'al' 11-111 VIII ' Conclusions The conveyed analysis of certain points of the Bolshevik criminal code, and articles of the iiussian constitution, which speak of the organs for dispensing justice, gives authority to draw the following conclusions: The dispensing of justice in the USSR has nothing in common with the democratic principles of justice since: 1. It has a judicial relative characteristic, and in practice, above all, an administrutive one. 2. It has techniques of authorative execution. 3. It is a technique used for the realization of world revolution. 4, It is an activity regulating the demands of labor, indispensable to the discharge of extensive investigating duties organized through the state. 5. It is the reformatory-educating agency that has as it's aim the attmatiNg adjustment of non-communistic persons to life in a worker's state. 25X1A Approved For Release 2002/07/24: CIA-RDP80-00926A003200020005-1 dOkit6La'Ai. US OFFICIALS ONLY Approve tabor Release 200270194 :-CIA-RDP80-009.003200020005-1 2AAT III ORGANL:AlIONS AD1INL6'2ERING JUL)iljE Techniques of Investigations and Court Procedures ()HARTER I Judicial Organization* Art. 104 of the Soviet constitution: 'The final law court is the Supreme court of the USSR. It super- vises the activities of all judicial organs in the USSR and the United Republics'. Art. 103 of the constitution: 'Supervision over all court activity is performed at the direction of the people's assessor (narodnych zasiedatielej), exceptingin the instances specifically set apart by law'. Art. 112 of the constitution: 'Judges are independent, and subject only to the law'. The autonomy of United Republic courts is preserved in the judi- cial authority organization. This principle however, does not apply to the appointment Of a prosecutor. Prosecutors of Republics of the union have the right to appoint district prosecutors, and minor officials, but only with the approval of the Supreme Prosecutor of the USSR. Bach Republic has individual criminal codes. This 'individuality' is seen in the numbering of the code with their identical contents in the RSPER code. The added table portrays the actual Soviet judical orgnization TAiBIZ 25X1A Approved For Release 2002/07121-XIA.RDR80-04926A003200020005-1 JONFIDENTIAVUS OFFIdIAL9 ONLY " a the United Republic \IS IProcurator of eountrie and liajavodztva r DibtriCt tirocutrato Approved For Releasvflnia2A Unri IA-RDP80-00926A003200020005-1 Sprexn t?urt ot the United Republic JUatice of the VOW_ Peoples' Commieseriat of ! Justice of the United Republic Approved For Release 2002/07/24: CIA-RDP80-00926A003200020005-1 gc Approved For Release 2002/07/24: q 003200020005-1 The Supreme Council of the Union or of the Republic, depending n the degree of the hierarchy, selects the Supreme Court for a five year term. Territorial courts (country, ablest, and region) are selected by the proper councils of active deputies for a five year term. Peoples' courts are established for a three year term by secret elections of the citizen of the particular regions. The Supreme council of the USSR appoints the Chief Procurator of the USSR for seven years. The Chief Procurator of the USSR appoints the procur individual republics, countries and Wojevodstsfa for of the ars. The Procurator of the republic with the approval of the Chief Procurator appoints the Procurators of the districts, regions, end cities for a five year term. Approved For Release 2002/07/24: CIA-RDP80-00926A003200020005-1 31 - tiieffroveltorRelease 2002/07/24: CIA-RDP80-0090003200020005-1 Explana The Supreme Council of a .u)paolic, depending on it's place in the system, is-chosen for a term of 5 years by the Supreme Court. Territorial judges (country, county, and district) 5 yed.r terms by a worker's 1)eputy Council. Judges for public courts are elected by secret ballot in regional, elections for a 6 year term. The Chief Prosecutor of the USSR is chosen for a 7 year term by the Supreme Council of the USSR. The Chief Prosecutor names the prosecutor for each Repuolic to serve 5 years. With the approval of the Chief Prosecutor, the prosecutor of a Republic names regional prosecutors for 5 year terms. are chosen for Independent from the above organization, are the military courts which function ander the pretext of an administrative-military division. Besides this, there are temporary Revolutionary Tribuials (Rewtrybunaly) operating, accountable to the high_icourts. On the other hand, 1.1.rt. 102 of the constitution presents special courts in the USSR which were enacted on the recommendations of the MR Supreme Gourt. It was this type of court that judged the case of Tuohaczewski and his associates, the noted case of the 16 accused Polieh repres'entatives of the underground government, and many cases of this type. If the above mentioned articles were the only articles of' the ,constitution, it wouldn't be possiole to help any reservations regarding the organization of Soviet judicature, Other articles of this consti- tution exist, which factually cancel the right of autonomous cour46 in individual Republics, as well as court independence. Aaatir 25X1A Approved For Release A P80700926A003200020005-1 plIFIDERTIAL/US::91(Y,19IALS 0111 . 32 - ,ArtePPPEW016 rfVfai9142N9Vikagi\-ROM-0944\90a2QQ020@05-the United Republics or districts which are 'autonomous', are named by the ehief USSR Prosecutor. It is clear then that this sham autonomy is but a which confirms the practice of centralizing judicial duties. The independence of thejudgee is also illustrated in the limit of their terms (5 years, and in some cases, 3). It was stated that judges are elected. Actually, they are appointed since the selection of judges by the Supreme Council of the USSR can be synonomoue with appointment by the party which has the deciding voice in all things. The election of judges for the people's court (the lowest court) takes place according to the well known formula applied at the elections of Soviet deputies. Acoording to it, eleetions are general, without interVention, enaal, secret, ohoose....only one delegate! This is incomprekensible to democratic nations, but entirely natural in Russia. Unions or organizations (in which the deciding factor is evi- dently and solely communistic) present only one candid*te, and so it is possible to hold general and secret elections. The party candidate has an assured victory, since thereis absolutely no one to oppose him. I repeat: it is incomprehensible, but universally practiced in the USSR. Presenting the fact that Soviet elections are not real elections is all that can be done - there is nocounsel to be given. Another condition exists that permits the assurance that the so called independent courts are not really independent at all. There is another institution in Soviet auesia which has wide prerogative of justive. This the the 1Ministerium Wnutriennych Diel' (MVD formerly known 0.5 The practices of this institution are so extensive that they comp- letely cancel the essence of rt. 112, at the same time 25X1A Approved For Release 2002/0 0926A00320_0? - _02 003 1 C ONFI.DEITZ IAL/ OFFICIALS ONLY - 33 - of the eATAvealH,?NeReleggRNOTaigtEP.P80-00911003200020005-1 There is no doubt: Soviet justice rests in the hands of two insti- tutions, the Ministry of Justice, and the IND. The competency of these two institutions is not clearly set down. In any case, this can not be determined due to the indistinct wording of the criminal conduct code. Fundamentally it can be accepted, that the oourte _pronounce sentence for offenses listed An the criminal code, and the MVD eliminateft individuals and groups that are 'dangerous or detri- mental to the community'. From reading the text, attention to certain articlesof the criminal conduct code show that 'special orders' KM( give the functionaries of the MVD special priveleges. These orders probably define the sphere of activity for the MVD, but they are so secret, they are not known gene- rally, and least known in democratic nations. Establishment of any accurate boundaries is unlikely. Besides, it seems.dthat this is a doubtful question even to the interested institu- tions, We will have to judge by observation as to the who, when and whyfore of Soviet arrests, investigations and convictions. The basis that Soviet law is a tool of the revolutionists results in the differentiation between criminal and political offenses. 48 a oonsevence of this, different organs engage in their review. Before discussing the techniques of the Soviet judiciary, it has to be stressed that the most often encountered offense is counter-revolutions which is of a political nature. Therefore it behooves as to discuss the organization specifically appointed for the prosecution of these offense. is This essential for the comprehension of the background and dimensions of ? the political terror, constituting the true essence of national lifb in the Soviets Approved For Release 2002/07/24: 25X1 A003200020005-1 C ONFIDENT IAL Approved., Release 2002/01/p/Flib-FDP80-00928.3200020005-1 Existing without interruption since 19117, M. V. 14 is the fourth in a series of names given to an organization which has been in existance since 1917. The founding father of this in- stitution is Felix Dzierzynski, one-time head of the Extra- ordinary Gommission tOzerezwyczajnost Xbmisji 0411Zal; After i /0ZEK20, it was known as the WU /Glawnoje 2o1iticzeskoje 4/) ,rawlenijel. The name was then changed to NAL-TO INarodnYJ omisariat Wnutriennych 'heir, only to be altered, after the / war, to the more /democratic' MVD IMInisterium Wnutriennych Diel'. The sphere of activity of the Ministry of Internal affairs is considorably"broader than in any democratic nation. The head of the M. V. D., besides having the confirmed rights of a Minister of Interior, also has broad prerogatives relating to the oharactlor- istios of the legal administration. In 1941, the rapid growth of the former NXVD, caused the creation of the Ministry of State Sei. ourity, r?omisariat Gosudarewiennoj Bezopasnostit 144GB, This Mi- nistry, formerly known as the Commissariat, undertook the task of exposing counter-revolutionists, and offenses against art. 68 of the criminal code, as well as safeguarding National and Military security. , The fact that a separate Ministry had to be created to guard against ecta aimed at only one article ofwthe criminal code, gives as an idea to the great number of people involved in_sach acts. The name of this Ministry is not as universally known as the old name, therefore I will use the known name in refering, to the organization executing control over life within Russia, combating. revolution, and being the same as the arm of Stalin, the,party or, who prefers, the proletariat. _ Minister Berii was the head of M. V. D. until 1941 when Approved For Release 200210 Approve r Release 2002/0*14 : CIA-RDP80-009.003200020005-1 -litio_leaaw took charge. He was however, directly liable to Berii, so much so, that it can be said Bent is the big boss of M. V. D. The main task of M. V. D. is their fight against counteretrevo- lutioniats, and speaking truthfully, with all activities directed against the absolute powers of Stalin. No one on earth has the slightest doubt that Stalin is a dictator, and nee&sany explanation of the statement. Very often, I am confronted with the question: "'ohy doesn't the Russian nation rebel against the Bolshevik party. It's not over 3 million strong?" never heard that question in Russia. This question can only be posed by a citizen of a democratic nation, who does not understand the mentality and ethics of the Russians. Being raised in an atmosphere of freedom, he cannot believe many of the revel- ations about the U. S. s. R. It has to be understood, that in it's fight against counter- revolutionium, the M. V. D. discharges it's duties remarkably well because it has at it's disposal: 1. Soviet law, 2, An army of informers. 3. A special branch of the internal M. V. 1). army. 4, Private equipment to handle their own railroad trans- portation, river traffic, and ships sailing under the green and white flag. 5, Private telephone lines, independent of those in ,general use. The management of these media creates a government within a government, and possesses rights unheard of in other parts of the world. Bven the Gestapo, had neither such means, nor such rights at it' 251 Approved For Release 2002/07X/24A : CIA-RDP80-00926A003200020005-1 Ei disposal. I . , bONFiDENTIAL/US .OFTWIALS ONLY Approve r Release 2002/07/4: CIA-RDP80-0092.03200020005-1 ? The wording of the entire c2imina1 code, and in particular, arts, 9 and 58, is so ingeniously thought out, that fundamentally every citizen of the U. S. S. R. can be arrested and convicted on any pretext. It must not be forgotten that 'the manner and confirmation of arrests by the M. V. p.' together with 'the manner and super- vision of investigation of those brought before the V. consists of a special order specifically establisheu for thisfipur- pose. 11.8 I mentioneu oefore, these special orders have not been disclosed to the populace since they are as secret as all the activities of the M. V. I). Besides the courts normally subject to the Ministry of Justice, the M. V. D. orders secret trials as decreed by the administration, which is under it's immediate power. In 1935, when Jezow was the officer in charge of 4,0/J, a special Tribunal of Three was insti- tuted in MOSCOW for the sole purpose of hastening the destruction of the "enemies of the people'. This was at a time when there was an especially strong movement of terrorism, and the courts were physically unable to handle their obligations. Up to 1938, this Tribunal 4ad the right to pass a death' sentence, even at a secret trial. -atter the liquidation of Jezow, the activities of the Tribunal were curtailed, and the name changed to the Special College '080boje Sowieszczanijel, hence the shortened OSF,O. It is still functioning, but does not hand out sentences of more,than 8 yeare. It does, however, take full advantage of it's power, and the numeral 8 appears on most of it's convictions. The MVD is given it's information as to whom shall be arrested, by a large army of informers oalleu Iseksotyl, - Isekretnyj sotrud- flier, that is, secret assistants. 5X1A Approved For Release 2002/07/24: CIA-RDP80-00926A003200020005-1 CONFIDENTIAL/US OFFICIALS ONLY Approveilkor Release 2002*24 : CIA-RDP80-009.003200020005-1 Art, 91 of the Soviet criminal conduct code says: 'the sources used. to detect criminal Conduct are: 1. Declarations of citizens, associations, and organ- izations. 2. Information of governmental institutions and govern- ment workers. 3, Self-accusation. 4. Prosecutor's motion. 5. The knowledge of the investigating organization, the presiding judge or the courts.' The information is divulged at headquarters. Soviet judicial law presumes that a person mentioned in an accuser's report, and there- fore being ander suspicion, is guilty. These reports place the populace in jeopardy. If the accused had not yet committed a crime, he may have thought of committing one. Since the thought, and the deed, are both punishable alike, the accassed is automatically judged. The astringent application of the law acts as a measure of prevention. It will always be a moot question whether a person has the inclination to commit a crime or not. The Soviet courts do not stop to consider this. Of course it is difficult to conjecture whether a person wants to comthit a crime, endeavors to push his plans to completion, or if that Limit the case. whether or not he had the inclination to commit a crime. That is the crux of the mater. In the Russian courts, the accused has to prove that he had no intentions of crime. This is very difficult to do, therefore it is pretty certain that once arrested, his guilt is a certainty. As soon as a report is made on him, his not only is under suspicion, but guilty as charged. In Soviet Russia, informers are as common as lice. 5X1A Approved For Release 2002/07/24 : CIA-RDP80-200926A003200020005-1 CONFITENTIAL US OFFICIALS ONLY Approve r Release 2002/07124: CIA-RDP80-009 0 03200020005-1 1. The schools of Russia have courses on the subject of divulging information. Children are raised in the belief that informing on any one is a virtue, and a duty of a Soviet citizen. Art. 58, par. 12, of the criminal code pertains to all sources of information dealing with contemplated or completed crime. Therefore a Soviet citizen treats the giving of information as a completely natural and justifiable act. 'If I don't inform, someone else will, and it is entirely possible thatmthey will denounce met - is the normal chain of thought of an average Soviet citizen. The army of informers is counted in the millions. They are recruited. from the ranks of voluntary informants, or the compulsory. The voluntary ones are the ideal Communists, those that believe informing is a virtue, or Weak charactered individuals. The compulsory informers, without exception, are, hotel managers, keepers of rooming houses, all factory management dealing with personnel, captains of ships of the fleet, members of the worker's anions, every third member irLomeomoluf the young peoples party, all members of the'Communist party, political army workers, adminis- trative personnel of the 'il.olchozow' collective farms, etc. For the investigation of all possible proof of resistance, the MIND has at it's disposal, speoial detachments of an ineernal army not subordinate to the regular army. According to the estimates of 5ertain Soviet citizens (who at one time held highnofficeS, and later were sentenced to many years of imprisonment with me, To mention a few, a minister, a secretary of the Parisian embassy, a Cossack General), the MVD army numbers More than 2 million persons. This tWnatriennyje Wojuka MVD' constitutes a strong peace-time army against which the Russian citizen will net rebel, as can be testified by the insurrection in 1932, 1935/6 in the Ukraine and Caucasus, and also in the war against GE51Xeirty in 1942/3. Experimental oonspiraoies Approved For Release 2002/0 926A0032000200 C ONF IDENT IAI, Appro.! For Release 2002/Q7/24 : CIA-RDP80-0.6A003200020005-1 are now being undertaken in the Southern-;aliatio countries. Daring the war the ILL) was equipped with first rate machine guns, flame throwers, 2anzer unite, and tanks, and had been aseigneu the duties of boarder patrol ti prevent escapes, and to suppress any rebellion. This may not have been universally known, but is not and never was a seoret to the average Russian solaier. Neither is it a secret that the reserve army is trained in the remote sections of the oountry, and is unarmea. arms were dietrieuted only for target practice. Rifles and ammunttion were brought in oy the MVD, and taken uw,17 again after practice. Troops ordered to the front, very often rode unarmed, and always without ammunition. Only after crossing the protective UTD lines did they receive full battle equipment. Obviously Soviet propaganda hid this fact very carefully. This secrecy was possible, when you realize that foreign corres- pondents were unable to oroes these lines. Other detachments of this army perform duties as prison guards, and guards in slave labor camps. Full liberty of operations, independent of other administrative agencies of state, as well as certain connections are assarea the 'MVD by; private means of transportation, private telephone lines, and numerous radio stations. The WO handles the administration of prisons raarzad Glowny Wieziennictwal, camps !Gulag% and politioallyatende displaced persons rzeulanieml. The ittt 'Raboczo-Kreetijaskaja Xrasnaja Miliojar, which is equivalent 'to. our police force, is under the jurisdiction of the MVD. Obviously, it's duties aren't a fraction as important as the MVD. These duties consist chiefly in keeping public order, and apprehending criminals. In many criminal cases, for reasons un- 25X1A Approved For Releaa 2002/07/24: ClAbPATRB-3?ft9M-199P3999,11d.s Olaf/ Approveafr Release 2002/07/24: CIA-RDP80-0092i1003200020005-1 known to me, the MVD will conduct criminal invefiltigations without the aid of the police. The police never investigate political cases. These are investigated by the MVD, with 80A of them going thru the OSSO. Before the MG B Was eliminated, it was responsible to the MVD for the purpose of training spies for duty in foreign military and political parties. This was the most extensively organized system of spies in the world. Who is the MVD subject to? According to the letter of the law, control over the MVD ought to be handled by the high counsel of the USER, but that isn't so. Contrarily, the members of,athis counsel are subject to close obser- vation by the organization which theoretically the control. Actually the MVD is responsible to no one but Stalin. 25X1A Approved For Release 2002/6/24 : CIA-RDP80 092BIAO1p2010M2004FF IC IALS ONLY - 41 - Approvilkor Release 2002/07/24: CIA-RDP80-00911003200020005-1 011.212,LUit III Methods of Arrests The arrestsof individuals suspected of committing a criminal off- ense are performed by the militia. The foundation for such arrests-is Art. 91 ?cc. The formalities associated with these arrests are more or less similar to those in democratic nations. Arrests performed through the EVD present a different picture. In these oases, the binding factors are 'special orders'. An order for arrest is not necessarily attributed to the completion of an attempted act. It is universally known that there were instances of persons being arrested who were unknown by the EVD. In Soviet occu- pied countries (Lithuania, Latvia, FAstonia, Poland, etc.) there were mass raids on the streets, and in public places, in which all parsons were arrested and after being transported to the MVD headquarters, segregation took place. It was customary to hold all that dia not possess personal identification, together with arrivals from other localities. Arrests of individuals were also performed. This was usually done by either uniformed or non-uniformed agents of the EVD accosting pede- strians who had stopped to conver-e. They would be individually ques- tioned on the topic of their conversation. If their answers were the same, they'd be told to move on - if not, they were arrested. The reason for arrest was that theynhad been carrying on a counter-revolutionary conversation', or complaining or existing conditions or conspiring. Conspirators usually agreed before hand, that in the interruption by an agent Of the MVD, they would each say that they had been discussing a film. Incidently I'll add, the 3olshevika were astonished at the interest shown in films by a large percentage of the citizens in occupied countries Generally 'the arresting agency hastens to explain that it operates on 25X1A Approved For Release 2002/07/24: CIA-RDP80-00926A003200020005-1 CONFIDENTIAL US OFFICIALS ONLY - 42 Approve, - r Release 2002/07/24 : CIA-RDP80-0092 03200020005-1 the prinsiple of law and presents the arrested person with an order for arrest signed by the prosecutor. It is a common practice however, to have a delay of many, weeks, or even a discontinuance. This can be called an 'accidental' arrest. From ouserving the activities of the NAaL), either in -.Kiviet or in Soviet occupied countries, depenaing on the political situation, arrests are performed by a specific plan prepared oy the higher-ups for any eventuality. The domocratic interpretation of the law remains the same, but in AUSSiu the laws are flexible and elastic. This elas- ticity is endowed through .,1rt. 16 cc which introduces trials by analogy. The.:MD always has a prepared list stating who shall be arrested for any cause. Taking into consideraldon the period of 1936-7 as a time of specifically intense terror, we can risk stating that the keys to arrests are : Trotskyites, mz,.lef-cl,ors, spies, and persons having any contact with friends or relatives in other countries. 41.8 I pre- viously stated, the Trotsky idea is as widespread in .aussia as malefac- tion and spying. It is no wonder then that for every 'Trotskyite' or other 'spy' a great number of persons find themselves on the road leading to prison. This isn't at all illegal for Soviet law, through cc ,rt. 7, 1 permits the application of punishment not only 'to persons that have committed an act detrthental to public safety', but also to those that present a danger' through their connections with a criminal environment or for past activities. The moment of arrest depends on the political situation. The MVD, working on the assumption that Ws activities ought to be secret, performs most of it's arrests under cover, preferably at night. The ingenuity used in camouflaging it's activities is very great and is applied espeoially in the methods used to combat anti-communism, .an Individual that is under suspicion is usually called into an office Approved For Release 2002 25X1 A 00926A003200020005-1 CONFIDEN:114/US OFYIdIALS ONLY 4 - 43 Approvear Release 2002/07/24: CIA-RDP80-0092.03200020005-1 apparently useCk for official business , genei- ally the M1litia office, and. finds an agent of the MITD vi,A. tint; .for him. In the same way, diplo- matic attaches and persons in the public eye are recalled to Moscow If an arrest takes place at the home of the prisoner, , he a.gents of the ME) usually atter.apt to reassure memuer:.-; of the f.,:mtly ttati.t the cause of arrest is minor and, that after explanations are given he will be releasesd. Evidently no one believes this, but every-one ha a ray Of hope that in this particular incident, the LiVj agents re speaking the truth. 25X1A Approved For Release 2002/07/24: CIA-RDP80-00926A003200020005-1 ;01\71DEITTIAL/US OFFIc,IALS OTTLY 1. Approveaor Release 2002/07/24 : CIA-RDP80-009a003200020005-1 INVEISTIG:tTIONZ In every democratic country respecting de jurtand de facto independent trials, investigations are for the purpose of deter- mining the exact facts. The way to this, is the gathering of evi- dence to incriminate the acoueed, as well as to helping acquit the unjustly accused. Only after gathering all the evidence, do the investigating officers present their accusations. If there is nonevidence, the case is dropped, and the accused is freed. The trial itself, is the result of an accusation, and has as it's aim, the establishment of the facts of criminal offenses. The court works freely and independently of the investigating officers, and only judges by the facts and evidence collected during the trial of the accused. The avoueed is judgeu only after all evidence has been collected and presented. Similar precepts may be found. iLlathe Soviet criminal conduct oode, and similar practice in Soviet courts wnichepreside over criminal cases. However, Soviet justice works in an entirely different manner if the case is of a political nature. In these instances, the Soviet investigation is a function which has as it's aims: a. The uncovering of an offense. b. Incriminating people that aren't necessary to the regime. a. Convince the accused that he had committed an offense. d. Force a confession from him. 2repare e. y#1940 the writ of accusation. There is a popular Saying in Aassia, "to attach an article". The criminal code is attached to the guilty as well as the not guilty. The result of this is that the 'arrested is always guilty'. Approved For Release 2002/07/2425X1A : CIA-RDP80-00926A003200020005-1 C OT IF IDFJTT IAL /TJS OTFFIC DAIS OTTIN 2. AporovelabrRelease 2002/07/24 : CIA-RDP80-009#0003200020005-1 When ingestlgator can not find proo if guilt, he looks for other incriminating acts which suit his own convenience, and later on he will send it to a superior court or the Special Uollegium MVD (OSSO). The superior court relies on the act of accusation and enueavors to prove the prtisoneris guilt. A guilty plea is unquestionable proof of guilt, and is the basis of sentence., The OSSO always relies exclusively on material evidences of investigation, and pass judgement in absentia administratively. When there is no proof of guilt, the accused has to provide, and prove, his own alibi of innocence. The real spirit of Russian justice gives rise to many Known Russian anecdotes. Nothing is more characteristic of tae social and political life, ?is an anecdote. Here are two of them. In the bath-house of a town, a technician of an electrical appliance shop was robbed of this clothing. The thief left only a vest, and tae Soviet police had no success in finding the thief, However, the victim's vest was thoroughly examined , tnrough force of habit, with the result that one of the policemen found a piece of copper wire. The workings of his mind were channelled thusly: ?Technician - working in a shop - he stole the wire, which is the property of the Socialistic country. Therefore a crook'. AesuIll the arrest of the complaining victim. (zoszczenko stories) Another one. A soviet bunny ran away and didn't stop until he was well be- yond .the iron curtain. "Why did you escape?" asked a ram "Because they castrate horses" "But your a bunnyi" 9 Approved For Release 2002/07/24 03200020005A 444 IDENTIALAIS OFFICLALS ONLY 3. "Tiatekepg"elirAelnmpROT/31.; CMDMP?84,33-2M?99s5Arateyou.; and then prove your not a horse". The above anecdotes illustrate not only the sporadic chance stupidity or the misuse ofathe organs of investigation, but also the ruling system. There is a dominating tenuency of self-accusation in the Soviet system of investigation. Through regulations, the inquisitor does not give the arrested person the reason for depriving him ofAhis freedom. The investigator demands that the accuseu define his crime personally. Between the time of arrest, and the first hearing, the arrested person's thinking processes are aimed at trying toAfind out the reason for his arrest. .m person having unlawfulicontacts gives the Soviet authority a confession, since he knows what he has been arrested for, but the 'righteous' search their memories for recol- lection:_, of instances in their activities which might be the basis for what has happened. He makes an 'examination of conscience', mentally reaching back, finding lights and shadows. In a certain instance, he finds some small, inconsesuential foffense' - but isn't . yet certain whether that particular reason caused his arrest. Through these thought processes, the investigating judge hopes to gain a confession of guilt from the arrested party. The moment of self-accusation is also the moment of pleading guilty as charged, and that is tka of coarse what the investigators want to come to pass. Therefore, imathe first phases of operation, the investigator attempts to explain to the arrestee the necessity of self-accusation, and to convince him that only a voluntary admission of guilt will help lessen the verdict, and who knows, whether or not, it may gain his freedom for him. 25X1A Approved For Release 2002/07/24: CIA-RDP80-00 TliaChliPAR,6)/(19fiFFIdIALS ONLY 4 ? Approvethor Release 2002/07/24 : CIA-RDP80-0090003200020005-1 The eventual adi.Lission of guilt, is not ulivrLq-b reason enough to ()lose an investigation, and prep-.Lre a writ of accusation. It may happen that an accused person may have more un his conscience, and the admission of guilt must be forthcoming in the sale mL:.nner. L,uch is the attitude of the investigtin organs. he process of pro- curing a confession starts anew. Only after all means of ootaining a confession and self-accusation are exhauste, does the investigator formulate his own more or less fair charge. =.gain the investig- tor tries - without telling tile accused what the offense is - to urinE about a confession and ac.knowledge his guilt. If the accused denies the accusation, the investigator demands material proof (try tc prove your not a horse). In the event that an accused person can furnish proof of innocence, the investigating organ will put forwu.rd new accusations until the accused resistance is finally oroken. More than once investigations of this. kind lasted from 3 to 4 yours. Tendencies to attach articles of the criminal code dominate the entire processes of investigation. In case it is impossible to ascribe the commission of a crime to the accused person, it is im- puted that he had endeavored, or at least. thought of, committing an offense. In such oases, it is difficult for the accused to gather evidence of innocence. If it is difficult to formulate a charge, the MVD tries a method of investigation based on a 'life-sketch'. The accused is obliged to present, truthfully and in detail, a certain period in his lice. He repeats this a number of times, at different intervals of time. The finding of discrepancies establishes, in the understanding of the investigators, proof of hiding an offenbe. That is an important point of provocation in the process of inducing the arrested person to a Lull confession (ma razkajanija). 25X1A Approved For Release 2002107124: 1 IA-RDP80-00926A003200020005-1 - UONFIDENTIALAJS 01,111:cliALS DULY ApproveighosRelease 2002/07/24: CIA-RDP80-009 003200020005-1 Fundamental oviet law prevents the presantation of proof of guilt to the arresteu person. This is due, in many cases, to the lack of evidence, but mainly because the investigators strive for a confession and repentance. The aim of the investigators is to physically break down a person, and to convince him that he is a great sinner against the socialistic nation. Many different means are applied to reach that aim. Art. 136 of the criminal conduct code reads: "The investigating court does not have tue right to demand a confession or admission of guilt from the accused by violence, threats, or other similar means". This article does not pertain to persons suspected of political crimes, as the investigations are conducted by the MITD which profit bymthe 'special orders'. In general, the impression is given, that the points that are 'forbidden under art. 136 of the criminal conduct oode are the means which are allowed the MVD. If in spite of strenuous inducements and persuasions, the pri- soner still stubbornly maintains his innocence, the investigating judge reaches into a great arsenal pf such 'forbidden measures'. He does this with a clear conscience beeaUse after all 'the accused is always guilty'. He is not arrested 'for nothing'. A large file of these measures are available to the investigator for forcing a confession. The soviet judges have certain steps they usually follow when applying them. After exhausting all means of persuasion, and all promises, they apply threats. The first one is generally a threat to the family of the accused. The judge presents the accused with the possible fate of his family, their probable arrest, deportation, etc. The prisoner normally knows that this is entirely possible. Next,is presented, 25X1A Approved For Release 20024 07/24: CIA-R Pv)-09920W29.,Q9,209064:ciALs 01112/ 6. figuratiuctrigroaFaciimgattan202107P2144tIALIREM30-0606nexte2toddli the event of his continued denial; loss of freedom for many years, separiktion from family, ets., and then he is threatened with violence. The morale ofithe accused is then lowered. It is a known fact that a prisoner undergoeS physical depression and nervous tension. This transpires to lower the organic resistance and the weakening of the will. The change from the normal way of life, hunger, the curtailment of many comforts and customs of everyday life, the restraint of free movement, and many other reasons, are responsible for this break in morale. Furthermore, the crowded Soviet prisons, and the primitive level of hygienics, increase the prisoner's dis- position to nervous shock. The investigating judge endeavors to use this taut, nervous condition to gain his end. Therefore, during the time of examination, he tends to use every availaule means to aggravate the nervous system. Roughly speaxing, it can be compared to the so called 'third degree examination'. 1* so happens, that a few investigating judges steadfastly stare at the prisoner. This lasts for an hour or two. In the meantime, the accused is questioned, and the judges study his reactions. Another method is to have a number of persons (not no- . oesearily judges) pass through the room where the inquiry is taking place. These persons stop before the one being questioned, look at him, throw questions or sarcastic remarks at him, or frequently limit themselves to a significant grunt. Thisudisorientated tde prisoner and distracts him. It may also happen that a prisoner is brought into a room, presumably to be questioned, but no Question is put up to him. During this time, the investigating judge is busily reading, and ignores the prisoner. The inquisition doesn't start for a few hours. Approved For Release 2002/07/24 ft= 25X1A 6A0032040201) 0 CONFIDENTIAL US OFFICIALS ONLY Approvector Release 2002/07/2f.: CIA-RDP80-0092.03200020005-1 The investigators also attempt to counteract the sentiments of the arrestee. They laugh at and defile the ideals for which he is being investigated., try to stifle family ties, use invectives that are insults to personal dignity, and deprive him of hope. When ,fear and terror do not break down the prisoner, physical torture ensues. It is difficult to enumerate all of their methods. Many of them have been mentioned in publications on the bestiality of the GPU. We can only state, that thee writings are not exaggerated, nor do they drain the repertoire of the MVD. In a conversation with a Soviet prisoner - at one time a high Soviet dignitary - we spoke of the methods of the Gestapo and it's bestiality. At the close of our conversation, he said with Communis- tic pride, "Bah, what iX1 theynknow, they know from us, and they could never readh our heights". It is not my intention to write about the horror of Soviet in- vetigations, but I cannot resist the will to publish the tortures which I suffered, or which I had witnessed performed on my colleagues. One of my hearings lasted continuously for 90 hours. All this time, I stood in a corner, without sleep, food, or drink (Prior to this, I was fed some very salted herring). After 2 days of this, I was tempted with the prospect of receiving water and rest. When this didn't help, the judge fell into a rage, and 'by way of beginning the expected torture", knocked out 3 of my teeth. The only words 1 heard from these 'judges' were the two 'skazy prawda' (tell the truth). Exhausted, I didn't answer them, so a horn was made, by rolling up 'Prawda' (a well known Soviet newspaper), and yelling into my ear. The effect is partial deafness which bothers me to this day. The next torture applied was what is knon as fa barrel of Approved For Release 2002/0 25X1A 0926A0012SQQ?QOJB54t--'-.-;""'"'''"'' coNFIDENTIA/ OFFICIATE ONLY Approv or Release 2002/072I : CIA-RDP80-004111003200020005-1 laughter". It is an ordinark wine cask, set in a position for rolling, over which the prisoner is draped in such a manner that his stomach is pressed against the walls of the barrel. Then the barrel is struck with a hard rubber club. The result is entirely unexpected; the resounding of the barrel induces vomiting, and the longer it lasts, the stronger is the reaction. After a half hour of this, the. prisoner feels completely 'turned out' giving up the re- mainder of the gall and blood. Another popular torture is to have the prisoner sit on a bottle for many hours, so that the neck of the bottle sinks deeper and deeper into the anus. It wouldn't do to mention small tortures, as then one would become boring. Is it worth writing.,about each common practices as forcing needles under the finger-nails, or standing on hirt iron? These methods are so widely known among Soviet prisoners that it doesn't pay to mention such small tortures. Justas nothing is mentioned about such normal everyday activities as breathing and walking, so is nothing mentioned in Soviet prisons about each or- dinary dorms of torture as clubbing or slapping one's face. Applied torture is not the rule of Soviet investigators. It is a system whilis applied by investigating judges then, when all means of the criminal conduct code are exhausted. Then it is applied without mercy and is always applied to members oflAisclosed secret organizations of a political nature. Professional preparation for Soviet investigating judges is mot very high, and doesn't call for - as in Oapitalistic countries.- long years of study. Through the general lack of specialists in itussia, professional standing does not play a high roll. Membership in the (Zomsomol) constitutes a better chance of attaining a position of responsibility than do studies of law. The same applies to judicial Approved For Release 2002M1CIA-RDP80-00926A003200020005-1 1 , g ONF IDENT TAL /US OI?LS mmy 9. Approvikor Release 2002/07/24: CIA-RDP80-0011003200020005-1 duties. In general, investigating judges, judges, and lawyers base their standards'of learning on 10 years of elementary and preparatory studies, and 3 years of study in law. There are some judges who have had only a few months of law, while still others have no professional background at all. ? 'Investigating judges of the MVD can be separated into 3 groups, if the subject of ways of oondacting investigations and professional standing is considered. i. Those of little intelligence, unlearned, conceited, and vain. These handle matters of smaller worth. Lack of schooling is covered up by lengthly written protocol and delivering extensive propagan- distic reports on the benefits of the Soviet organization. They tend to run the gamut from surgary affabilitynto ordinary beatings. 2. The intelligent. Mostly professional routine. They are more inclined to gather evidence of crime, and use means of convin- cing the victim of the necessity to confess and acknowledge their crime. They are more enduring and stubborn iniatheir beliefs. They try to perceive the psychological make-up of the accused. From this, they decide what methods of torture to use, whether moral or physical. They are cruel and ruthless, and do not flinch before the most re- fined torture. .mmong the, the specialists in cruelty are- - women judges. S. The eminently qualified. Often a party agent. Grave phi- losophical studies (in the spirit of dialectic materialism). In contrast to young wards of :Joviet schools, they orientate themselves to capitalistic ways of life. They handle matters of great importance. They avoid applying torture (not always - some are true sadists). They attempt, via dialectic demonstrations, to force the accused to a confession. The characteristics of this group of judges were shown Approved For Release 2002/0 0926A003200020005-1 C OT.TF I.DENT t_JS OFFITIC IALS ONLY 10. Approvedior Release 2002/07/24 : CliA-RDP80-09?"03200020005-1 very faithfully in Arthur .oestler s bOOK r ness az voon . Do the investigating judges attain their goal? It may be maintained that they do. Let's take for an example the results of Moscow processes, when people that were used to ruthless warfare, themselves rabid Communists that were able to resist the Czarist ruffians, stood before the bar. At the trial, they ardehtly made statements of self-accusation and repentance. They showeu greater eagerness than the hardy predicted. All admitted to guilt. The judge was the supreme procurator of the USSR, comrade Andrew Vishinsky. Approved For Release 2002/07/24 ? 003200020005-1 ONFIbENTIALATS OFFICIALS ONLY 54 - Approvilkor Reltase 20J017/22-A gA-RDP80-00A003200020005-1 Investigative Prisons The picture depicting investigations would be incomplete if We had forgotten to describe investigative prisons. Fundamentally, these are no other prisons in Russia except the one's for persons under investi- gation. Theoretically a penalty of imprisonment exists, but it is seldom applied and 99.4 of the inmates are there because of investiga- tions. In spite of this Russia is thickly covered withnprisons. 'Every military post has it's place of confinement, and almost every large city has one or more prisons. There are a few model prisons in Russia, or I would say, extra- ordinary ones. They are administered in a truly exemplary way. The famous Moscow prison liabianka7 is one of these. Rules in these prisons are followed severely, but are observed scrupulously as well by the prisoners as by the prison guards. A prisoner has the right to play games (dominoes, chess, draughts which are supplied by the prison authorities. Games of chance, and especially cards, are strictly forbidden. The prison library supplies books (one a week),. The prisoner has the privilege of buying sundries and tobacco up to 75 rubles worth a month. He can write requests and complaints to the prison authorities. While in their cells prisoners are not allowed to; speak loudly, sing or whistle, approach the window or door, sit or lie on the bed - during the day, do any writing, or possess any metal objects, shoelaces, - belts, etc. During the night the prisoner must sleep with head and. amri uncovered, and under no circumstances should a prisoner unscrew - a light bulb from the constantly burning electric lights. He is obliged to per- form all duties assigned by the prison guards. Approved For Release 2002/07 92 - 55 - Approv or Release 2002/07/24 : CIA-RDP80-009.003200020005-1 Any infringement of prison rules is threatened with punishment such as: solitary confinement up to 20 days, depending on the offense, monetary fines to cover the cost of damaged state property, and finally, ordering a new trial if the offense is serious. The most frequent offense committed in prison is counter-revolu- tionary agitation (Art. 58, par. 10). The Soviet interpretation of the inimical idea of agitation is very broad, for example, every assertion of fault finding in the USSR structure, or comparison bet- ween a capitalist country and kioviet Aussia which is unfavorable to Russia, is an offense. Prison guards are usually uncommunicative. -beyond necessary expressions, they do not engage in conversations with prisoners. During the course of a day I noticed that guards uttered only 20 or 30 words in conversation with a prisoner. In the event e prisoner is called for a hearing, he is acoompanieu by two guards who hold his hands in the rear. A complete isolation of cella exists. A prisoner that is removed from his cell hasn't the right toumingle with prisoners from other cell blocks. During the course of the daily i hour exercises, pri- soners of one cell are separated from prisoners of other cells uy high walls or fenced in enclosures. The walk is completed in a circle, singly or in pairs. Talk is prohibited. There only are a few of the above mentioned prisons in Aussia, i repeat, these are model, show-piece prisons. In the other bovietnprieone, which can be numbered in the thous- aids, conditions of prisoner treatment present a completely different picture. .0espite the absclute centralization of executive authority in Russia, prison rules are not observed equally in different prisons, although their text, are identical. All prisons have posted iprawila Approved For Release 200AM4: CIA-RDP80-00926A003200020005-1 s 6ONFIDENTIAL0i0+11179IALS ONLY 56 - ApproviltorRelease 2002/07/24: CIA-RDP80-0,0111603200020005-1 &lazaklaczonnyo 1, rules for prisoners. ihelr interpretation however bow to local conditions and to the individuality of the prison warden, as well as the convenience of the prison administrators. Old prisons ouilt by the czar are used as investigative prisons. The number of these old prisons was entirely inadequate for the Soviet system, so they are using other structures also, such ae, cloisters, churches, institutions,schools, and new structures especially built. as prisons by the NZVD. 2rimitive arrangements, lack of an adequate sewage system and water-supply, dampness, and bug infestation constitute a characteristic attribute.of these buildings which are surrounded by high wall provided with turrets, where armed guards hold watch. Prisons are normally built in the shape of a huge several storied nave, presenting tier upon tier of cells. it, stron net of rope is hung between floors tq thwart would-be suicides from plunging to the stone foundation of the nave. Cells are locked on solid kamaps hasps and locks. Within each cell is found a small night stand in thich the prisoner places his wooden bowl and utensils, a pail or pitcher for drinking water, and a covered bucket for excrement which is taken out twice a day during the time prisoners are immt let out to the water-closet. 3eds boasting Straw or shaving mattresses are found in some prisons, but not in all. A small barred window is set very high and is usually covered from the outside with a metal or wooden casing which when opened, allows a.small view of the sky. Cells that are designated for children under lit do not have this casing. lhe possibility of visiting a prisoner under investigation is very slim and depends on the investigating judge. 11. prisoner is permittea one parcel of food or clothing a month. Of course, that is subject to Approved For Release 2002/07V.(A-RDP80 00926A0032000200,05-1 ? CONFI.DEUTIAL/US OFFICIALS ONLY - 57 Appromakor Release 20112A713.4 ;tSlAv-vITM)0-89,10,51110,p0a0qpigalth, revision. rrik? ere are al These privileges can be limited or taken away by the investigating judge. b. prisoner under investigation receives a daily ration of: 20 ounces of black bread, 2/3 ounce of sugar, besides three daily meals. These meals consist of: breukfast - cup of warm water dyed by the use of bread crusts or dried fruit extracts to the color of teat dinner - one pint of thin soup and a none too full spoon of barley, supper - one of the dinner dishes, either soup or barley. .per sentence has been pronounced, the prisoner gets an additional ration of 3 ounces of bread and 1/8 ounce of sugar. Emery ten days, a prisoner should have a bath and have his clothes disinfected. At the same time hair and beards are trimmed, but shaving is prohibited. Eaoh prison should have it's own laundry, and bed linen should be changed every ten days. .his is not practiced due to the overcrowded conditions of the prisons, and sanitary measures are per- formed in a !relaxes' tempo once a month or even leas often. Personally did not receive a change of underclothes in 8 months, that is, after they were completely worn out. As a rule, Soviet prisons are unbelievably crowded. rrests fill the prisons beyond their foreseen capacity. Uells that were built for one prisoner frequently hold up to 20. Prisoners actually sleep on the floor, feet to feet, and it space is lacking, they take turns sleeping, either sitting or standing till it's their turn to sleep. Prison regu- lations do not mention area standards or cubage for each prisoner. Complaints against over-crowding bring no results. The over-crowding of prisons and the continuous stench creed lice and other insects, which result in frequent epidemics of typhoid fever and bloody diarrhoea. Every large prison has it's hospital, most always kept clean it's Approved For Release 2002/07/ - 58 - true, b aliiiiE"rtge1816ttarVitai4ki aillif4184A011kM.200WW-lo f treatment are primitive, freouently the only medication available being aspirin or iodine. The relationship of prison guards to the prisoners is non-uniform. In general, they are indulgent towards ordinary criminals and minors, and are ruthless in regard to 'counter-revolutionists'. Common criminals are separated from the political prisoners and have almost no contact with the 'Western plague'. thick web of MaD confidants exists in every prison. These con- fidante not only inform on their fellow prisoners, but very often ,act as instigators and sometimes appear in court as witnesses for the offense. The time spent in investigative prisons is not pre-determined. It all depends on developements and progress of investigation. A common criminal spends less than 6 months in this prison.. A political prisoner rarely spends less than I year, and I have met prisoners that have been under investigation for 3 or 4 years. I personally spent 14 months in . this type of prison, 8 months of which were in solitary confinement. Every prison has it's lockup. 'This is a 'prison within a prison'. It is a small cell 6' by 4', and is usually built ander the prison. The 4 only utensil is a bucket for excrement. Dampness and infestation is more prevalent then in the regular cells. The one window is covered with ii sheet metal punctured for ventilation. It is never heated so that i the main factor causing the death of many prisoners. During the day a heavy gloom pervades, and a strong electric light burns all night. The only sustenance given a prisoner in solitary is 12 ounces of bread and 1* pints of warm water three times daily. The water has tobe drunk in the presence of the guard. The prisoner has only the clothes he wears and is even denied a handkerchief If a prisoner causes a disturbance or becomes violent, he is restrained with a strait jacket. 25X1A Approved For Release 2002/0 /24 : CIA-RDP80 926A0032t&li ? is CONFEDMI WI r'? Approver Release 2002/07/N : CIA-RDP80-0094.03200020005-1 Solitary confinement i meted oat aa punishment for infria6ement of prison regulations, or on the recommendation of the investigator as a reprisal for refuaing to confess, and for other reasons. I spent 20 conaecutive day in confinement (in 2eb.) for 'staging an anti-oviet demonstration' which consisteu of refusing to eat in orUer to force the judge to hasten the investigation and to announce the accusation. he effect of this 20 day 'fast' was complete weuXnethi Elau ina6ility to waiK ander my own power. Approved For Release!/'/24 : CIA-RDP80-00926A003200020005-1 OTIF.11.EIITIAL/IJS OFFICIALS OITLY Approve r Release 2002 a b i0 LI :1 /1A-RDP80-0092003200020005-1 011.i...PTLA VI Judicial Channels At the close of un investigation,.,the accused is informed (Art. 200 occ), and is given a form that he is obliged to sign. This form lists all articles and paragraphs of the criminal code on which hinge the accusations of the investigators. The normal course of action at the close of an investigL..tion is the act of accusation which is given to the accused a few days before the trial. Exceptions are made in instances mentioned in the following Arts. of Part VII of the coo.: "Art. 466. Investigations in the affairs of terroristic organiza- tions and terroristic acts aimed against the worker's council (Art. 58 par. 8 and 11 cc.) should be completed within 10 days." t"..rt. 467, he accusation writ is presented to the accused 24 hours before trial". th I uRrtt. 468. Trials are conducted without participation of uoth sides)" "Art. 469. No grievance for a court of appeal or pleas for clemency are allowed". ft.Art. 470. The death sentence is carrieu out immediately after the verdict is read". The monstrosity of Art., 468 lies Ln the probability of it's being. the only one of it's Kind in the history of law. he foundation of it's existence is based on the bill pasaeu .Jec. 1, 19.4 and published immed- eately after the murder of Alexander Kirow, committed that same day uy a little known youth named Nikolajew. Many i4issians are of the opinion that this murder was arranged uy Stalin who was looking for a pretext to destroy right and left wing oppositions in the party. The fact is that Nikoajew committed suicide right after the murder, an it was never established as to who he actually was. Approved For Release 2002/0441&-RDP80-00926A003200020005-1 c amq= Lulus aff c JAL S ONLY - 61 - Approve r Release 2002/07/24: CIA-RDP80-00921.03200020005-1 auou.8?_Ition is prepared oy.tne prosecutor. J10 the accused. The writ of remains the possibility of defense, having had a pudic defender assigned to him, lie can hire a private counsellor if he has any material means. The defense attorney acquaints himself with the ease and can demand to see his client. 2he competency of the court depends on the type and maximum puni- shment of a crime. (Jourt procedure on the average is very short. for example, in igay and June of 1941, there were many cases before the people's court concerning hooliganism (n.rt.. 74 cc). .-L"his 'hooliganism! consisted. of the usage of a curse commonly used in .-.1188ia offensive to motherhood (yielding to doubts as to motherhood's virtues). from the moment of arrest, to the verdict of one year imprisonment, the time elapsed was usually 12 hours. 14. more serious offense, mainly a political one, is handled by dis- trict courts in a normal procedure (accusation, defense, ana verdict), or by the L,pecial Jollege (03130) which pronounce sentence in absentia in an administrative manner. he prosecutor chooses either one of the two institutions. In practice, that depends on the findings of the investigation. J2he district courts receive only those cases that do not present doubts as to the gu.ilt of the accused. ,L11 others are handled b, the OS O. he political prisoner has only these two roads open, the district courts or the OSa.), where is no third road. It never happens that anyone under suspicion of 'counter-revolutionary activities' is freed. Under these circumstances, the defending attorney limits himself in political cases to: a) facilitating a reunion with the prisoners b) in his speech, saying in effect, that although the prisoner e is a great sinner in regards to the .doviet, he has hopes of reform, a) pre- Senting an appeal, and d) in the event of a death sentence, he presents a Plea foXpici-1344)cPP61-5fielease 2002/07/24 : CIA-RDP8AWA003200020005-1 ti\T- C ONFIDMAig FF IC LALS ONLY - 620- Approved Release 2002/07/24: CIA-RDP80-00926.3200020005-1 From the maxim of Lenin, written in gold. lettere and. hung in each court, (laws are tools of the proletariat and working classes) arises the already mentioneu 'iJoviet judicial relativeiem and it's stamp is placed on every verdict so that that principle is found even in court procedure. Not only jurists, but also laymen present at trials must observe that similar to investigations, the court does not seek the truth, it only wants a confession of guilt from thi accused. How indi- scriminating this can become can be attested by the exaatples from the notorious Moscow prosecations at which time the accused confessea to things that were physical imposeibilitee, L.E. the accusea David ,indi- cated the place of meeting the already deceased Trotsky in a Norwegian hotel, Nathan Lurie received instruction in 19o2 from the still unfounded Gestapo, and in 19a2 jermann conspire with a i4186itql emigrant that had been dead since 1925. A similar conspiracy with this deceased person had been confessed to by professor 'Aamein, and Piatakow flew from aerlin to Oslo with a phantom. The dourts didn't question any of these confessions. Trials drag on for many days, witnesses for the prosecution and for the defense are questioned, the prosecuting and defense attorneys have their say, but the voice of the state prosecutor predominates. "The court is the tool of the proletariat and working ciadzen' and not of justice. Representative trials of undoubted cases of organized, armed counter revolution, terror, sabotage, etc., are from time to time held publicly. They are nothing more than demonstrative propaganda. Military tribunals, district, or appelute courts usuallyaorganiZe them. The prosecutor's voice aominates, his speech is usually of a political nature, and is more suited for an auditorium rather than a court-room. fter the Moacow ekperience, soviet courts avoid organises_ public trials if there is any 25X1A Approved For Release 2002/07/24: CIA-RDP80-00926A003200020005-1 , ONFIDENTia4/US OFFICIALS ONLY Approver Release 20021,0746 :LIA-RDP80-009.003200020005-1 doubt as to the Lunt of the coued. From observations of further prosecutions that took place i Moscow in 1935 with the result that all opposition inside 6he 2rty ( inoview, Xamieniew, jucharin, ycow, adeic, 2iatkow) and the army (2uhauzewt-:ki, Uborewicz, 4prk, -74?idcmann, Zeldman, 2romakov, 2utna) v comp- letely destroyed, we can draw our conclusionsabout the teuhnicues set up by propaganda processes. ie should as ourselves what j the aim of-this process.. 'Li it only for 'influencing- other wagering r:emuers of the community' which is aiseussea in 9 cc.? If so, in v.11.1. sore? To frighten the disooedient is, and was, a maxim of ussian judi- cature. That is how we understand this 'influencing wavering memuers of the community'. It cannot oe forgotten that just as for centuries courts have been the tool of the czars, they are more so tools of the proleta- riat authorities, and to be truthful, tools for E?talin. he propaganda process also has many other aims. One fundmental is to influ once public opinion as to who is res2onsible for all the misery which is tumbling down on Lhe Lioviet Union. This statement can be oetter illus- trated through the concrete example from the prosecution of adek (Jan. 1967) during which the accused Lifszyc rocited in one oreath, that in a five year peribd (19j2036), he was rebponsiule for 10,3d0 railroad accidents, or 5 per day. 2he courts actually treated this recital as proof of evident repentance, out the nation finally lerned who shoulders the blame for saootage. /4,L sharp sidelight was my meeting Lifszyc in Uchice during 1941, where he held a good position in the uureau of planning, J.s the head of the statistical group, where he wasn't treated as a prisoner., I aw him almost everyilday but other than a knowing smile I couldn't learn anythin from aim/ bimilar confessions can uo counted in the hundreds. If they were true, there would have been enough damage dome to dcstroy the whole world. .Approved For Release 2003ga: CIA-RDP80-00926A003200020005-1 ONF I DENTIL/US OFFICIALS OU LY Approvedeir Release 2oo2Ior1244 CtA-RDP80-0092003200020005-1 mentioned two of the propaganda processes. The techniques used are as follows: A notice appears in the papers one day, that a well known dignitary is spreading the ideas of Trotsky, or that his opinions deviate from course Stalinism, which ,as we know is one real mum of Tiolshevik philosophy. The next day the papers and rio announce the arrest of the dignitary on the charge of suotage or espionage. Then the names of his compa- nions, who have also ueen arrested, are released. Newspapers, radio, films, and agitators Use great pressure against the people's enemies and a large worker's gathering demands the severest punishment for them. This pressure lastaso long until the investigators have 'prepared' the accused for a public confession before the courts. First then is the date for a real paulie trial announced. It often occurs that crowds of workers stage demonstrations against the accused uefore the court build- ing. t the beginning.of the trial, the accused requests the dismisal of counsel, since they only hinder them in their avowals of guilt. The court grants their request, and now the accused have full freedom for their self accusSitions, which they fervently perform. Should the accused show no signs of remorse his trial is held behing close- doors, which is exactly what happened during the prosecu- tion of Tuchaczewski and other generals. It sometiAles happens that a district or appelate court will free someone mentioned in a collective accusation. If it is a political accusation, he is returned to prison and his records are turned oyer to the. 0850. The 0660 has never found anyone to be not guilty. Many officers of the NlaJ can be found in the judges ranks. Often, they do not take the trouble to change uniforms but leave the investi- ting hearings and go directly into the court rooms. the At the end of the trial, on the ?recommendations of the prosecutor, Approved For Release 2003g/k: CIA-RDP80-00926A003200020005-1 C ONFIDENT IAL /US OFF I C IALS ONLY Approved rRelease 2002/07qt: cIA-RDP80-00921603200020005-1 the verdict is read to the accused. After the verdict iS read, the prisoner does not return to the cell he occupied during the investigation. He is t,ken to a cell occupied by other sentenoed prisoners where, reg.ardless of any appeal he may have made, he awaits transportation to a corrective labor camp. A prisoner that receives a death sentence is taken to he death cell. It is characteristic that should a prisoner refuse to sign a writ of appeal, the prison authorities try to force his signature. If he persists in his refusal, the public defender issues one on his behalf. The organization authorized to grant appeals IE the USSR supreme Uouncil. It is not known However, why the prisoners alAays say among themselves "1 wrote a plea to btulin". The prisoner awaits a decision of life or death for about 3 months. Is it a formality, or a wish to definitely smother any remaining oppo- sition in a prisoner sentenced to die? Legal procedure - if it can be so called - in matters determined by the OSSO are seen in a different light. .as it had been mentioned prev- iously, the OSSO is called to handle political prisoners shose guilt is in doubt, especially those that had been released by district courts. The OSSO handled 5/6 of the political cases. This doesn't only greatly lighten the work of :-doviet courts, but it is also a perfect _camouflage for the N-417D since the findings of the OSSO are never published. (nevertheless almost eveyyone knows of them). Procedure is very simple. Jsfter the investigation and Arit of accu84ttion are completed, the reoords of the entire procedure are forwardeu by the investigators to the NLVD pecia1 College in Moscow. -after a few weeks or months have elapsed, the prisoner is called to the office or maybe only to the prison corridor where anon-commissioned officer of the NLTD or a civilian 25X1A Approved For Release 2002/07/24 : e1A-RlaP00-00926A-003200020005-1 4 ieFICIALS ONLY - 67 - Approved Release 2002/07/24 : CIA-RDP80-009264.3200020005-1 2ART IV EXEOUTING 6BNTP,NUE.6 UHAPTBA I Inds of Punishment The name 'community protection measures' emanates from the broad- ehing conception of guilt independent from infringing on objective rule but damaging to one category of individuals in relation to interests of a proletariat state. We spoke of that earlier. Soviet jurisdiction interpretes crime as being a characteristic of a certain category of people who stand guilty due to their existance as individuals 'dangerous to the community'. In relation to them there- fore, it is necessary to adapt 'community protection measures'. Defining punishment as a "communitynprotection measure' also stems from the desire of investing Soviet justice with a humanitarian semb- lance. The adjective 'communal' is repeated often in the criminal code. Soviet jurisdiction does not differentiate between transgressions, violations or crimes, cut calls them in general 'acts dangerous to the community', anywv, after these words appears the definition 'offense' in paranthesis. The elimination of the word 'punishment' from the original edition of the code also had as it's aim the stressing of the protective-edu- cative or huAanitarian character of the measures adapted in relation to an offense. But already in the resolutions of the Executive Central Committee and the 1.18it Reople's Commission Council, beginning with the resolution of May 8, 1934 on supplementing the law about state offenses with articles on treason, instead of using the term 'community protect- ion measure' which has aljudicial- corrective characteristic' the term , 'punishment' (nakazanije) is used. And so, a 'community protection measure' is.....punishment: Approved For Release 2002 926A003200020005-1 OONFIDE4IWUS OFFIdIAT,S ONLY Approv.or Release 2002fr87124 :?CIA-RDP80-009.003200020005-1 The Soviet criminal code mentions a few types of community pro- tection measures which have a ljudicial-corrective character' as: 1. loss of political rights 2. confiscation of property 3. publication as an enemy of the worker 4. deportation to the remote regions of ':Aberia 5. loss of freedom through: a) imprisonment b) location in a 'corrective laeor camp' 6. publication as an enemy of the worker and exile from the USSR 7. death before a firing squad. It would be right to also mention the punishment of 'disappearance'. It isn't mentioned in the criminal code and it is doubtful that this punishment is mentioned in the 'special ordurs' regarding the legality of the N.OTD. It is one of the forms of judgement outside the court. People that are inconvenient to the regime but who enjoy national popu- larity disappear quietly and without trace from the horizon of soviet life. The USSR citizens have become accustomed to this. Vvhen all talking and writing about Litvinov stopped in 1939, questions about him were answered by the -Aussians with a charJ.cteristic gesture from which it became clear that this dignitary shared the fate of seeds that have been picked up by the winds. It isn't a secret that ,.dmiral Urlov, Marshal Jthlacher and many others 'vanished' in an unexplained way and from this it seemed apparent that Litvinov shared their fate. far as Litvinov is concerned however, the people were mistaken. He was still active in Aussian politics. Loss of freedom through sentence to a corrective labor camp is most often adapted. Confiscation of property, loss of political rights and publication Approved For Release 20022/05k16 CIA-RDP80-00926A003200020005-1 )T1F TDEUT IAL /1J? Oil I, IC IALS OITLY Approvilror Release 2002/0h14 7CIA-RDP80-00.003200020005-1 as an enemy of the worker are applied as punishment in addition to lobs of liberty or death before a siring squad. Death before u firing squad is the highest means of community protection, likewise publication as an enemy of the workers and exile fro:a the jS3H. As I have previously mentioned, this lust measure of communal protection is not generally adapted and-.,oviet judicial history knows only a few instances of the application of_this paragraph. One thing is certain - if this punishment 'ere applied it would Oe received by 99./L of the convicted not as a punishment but as the highest reward. The criminal ode, with strong rules, stipulated the soviet boundaries, and propaganda asserts that coOplete isolation of the nation from the rest of the capitalistic world is one of the best guarantees of national defense. How does the execution of different types of punishment, namely ? execution, exile, and detention in a corrective labor camp seem .to appear in daily life? .art. 9 0.0. states that: "Oommunity protection measures cannot have as their goal physical suffering or the lowering of personal dignity, nor do they have the power to fine or punish". Apart from the fact that u measure for communal protection is called a penalty, consequently if we tried to apply uniform terminology we would get such nonsense as - 'penalty does not have the pOvier to penalize', - we will demonstrate that the above cited art. 9 c. c. is only a hollow, although pretty, jingle. Approved For Release 2002 26A00,3200020005-1 ,OI I?ET IT IAL AJS OFF TC TALS ONLY Approv or Release 20027077/i4 7CIA-RDP80-009 003200020005-1 OH42 asil II Death Gelle A prisoner condemned to death is placed in the death cell. In principle, he has a cell to himself. Double-locked doors, solidly secured window, and addition guards preclude dreams of escape. .mt least once a day the prisoner can expect an inspection by the guards This inspection is to safeguard against escape or suicide. tivery two minutes the 'Judas' window 18 opened. The guard observe watchfully. Every creak of a door, or every titLe a prisoner is removed from his cell to the corridor can be - death. The nights are especially nerve wracking. Inspections of cells usually takes place during the night. The condemned never knows but that this time the guards maybe taking him to the place of execution. I don't know if it is a general practice or only the 'private initiative' of the guards, but freguently the guards arrange their 'joke' during the night by purposely stopping near the death cells and raising their voices so all the prisoners can hear one ask another: 'is it this cell or the next one?'. had occasion to hear this eyery night, and that not only once, but many times. I spent 8 months in a cell adjoining the death cells. An appeal for clemency is handled through Moscow. The usual length of time spent in waiting for a reply is not less than 6 months. The psychical agony grows with each day of waiting. Executions take place in a prison cell, usually an underground one. A ;libber ball is placed in the condemned man's lips and he is shot through the bac x of the head at close range. Gage were brought into use after the executions followingthe Moscow prosecutions to prevent any protesting shouts by the condemned. Many soviet political prisoners state the Tuhaozewski shouted "Down with tyranny? Long live Communism!" before his execution. Approved For Release 2002/07/24NADP80-00926A003200020005-1 US OFFICIALS ONLY . 71 - Appm or Release 2002/07/24: CIA-RDP80-0011/A003200Q20005-1 The author of this work had the opportunity to ooserve condemned persons immediately after the writ of clemency had been read to them. These persons were unable to give their names, their arms and legs trembled, and their teeth chattered as though theynwere Buffering an attack of malaria. These had been awaiting death or clemency for 95 days: One was my partner in arrest and had refused to sign a plea for clemency. 1141p1ea had been sent in his name however, to the boViet High Gommand, without his knowledge. He had been s valiant and courageous in any event and yet he suffered a complete breakdown while marking time in the death cell. Approved For Release 2002/07/ 0926A0032000200054 doNFIDENTsr?IA,L-7US?.-OFFIOIATs ONLY Approver Release 200216772' :-CIA-RDP80-0092003200020005-1 O1L2TEa /II Deportation The penalty of deportation is a carry-over from the times of the czar. 3y keeping this penalty the'-oviet government had in mind not only the separation of criminal elements, those not giving a pledge of loyalty, and the scum opposing the political trend of the coantry, uut also the .colonizing of Siberia. .0eportation is one way for untangling a difficult national problem. Siberia today presents 4 highly_colorful mosaic of nationalities consisting of deported groups of 'nationalists' from the Ukrain, Poland, Orman, etc. J2here is alLo no of ehinese, lioreans,,and Japanese, creating a veritable tower of _dacel which isn't threatening to the USSR since the NLVD foments unofficial race hatred and prejudices which conforms to the so unproletarian device: divide et impera. Materially speaking, the governmentbenefits in two ways: it proteats itself from unwanted classes and it profits through exploitation of these classes for necessary labor. Siberia As the Soviet Arctic, and the boundless expanses of Soviet Jentral Asia, hide within themselves a vast natural wealth and the only way for the governmentnto avail itself of this wealth is to populate these areas. It is a well known fact that deportation does solve this problem completely. Experience shows that the natural increase of d(:portees is lowered to a disadvantageous degree. This is due to climatic changes, unusually severe ltving conditions, and the large number of deaths among women and childre, so much so that this is a deciding disadvantage to the rest of the political population of the remote Raeaian,regions. These circumstances do not tend to decrease the number of deportees since tae first aim of this act is to separate unwanted classes as a community protection measure, from the rest of the community. Approved For Release 2002il4A111`CIA-RDP80-00926A003200020005-1 OEFLUEIPTIAL/A 011T NTI-CLS Oi TLY ? Approve rRelease 2002/07/24 : CIA-RDP80-0092.03200020005-1 The MOO handles the deportation problem on a scale that surpasses anything done in the tine of the czars. Voluntary emigration often takes place. Only a formality makes it voluntary. It happens that Just Before boarding the train, the deportees receive a declaration of voluntary emigration for signing which states that they are leasing of their own free will. This brought about a new phrase in Russia: voluntary deper- tation. 'Voluntary' because the deportee is leaving of his own free will and 'deportation' because he actually must leave. Fundamentally no one resists the persuasion of the N.OLD to this 'voluntary' emigration fornit is clear that if theynrefuse to leave they will be issued decrees forcing them into exile. They would rather be voluntary emigrants than compulsory ones for the plight of the latter is a great deal worse since all their activities undergo close observation by the NXVD and they also lose all political rights. The remote regions of Russia are now inhabited by a large mass of voluntary and compulsory emigrants. Their material conditions are the same. As pioneers of Russian civilization theynare oblige to build new colonies in the L'iberian wilderness, to begin everything from scratch with only the primitive tools given them. Tailors build houses, mecha- nics cultivate the land, and women dig-ditches for drainage. That is the picture of the material wealth of the deportees. Those who after a few years are still alive vegetate in pitigul farms or in collective houses, They labor in cooperativesJorganized by themselves or, if this happens to be an industrial camp, in mines or in factories, and when their tanks are, thinned out by death a new party of deportees comes in which is a little more lucky since they come to a place 'all ready prepared': Their vp.,,Lr of life can best be attested to by the existanoe of a system of trade. lloney has practically no value, shirt taxmaxim may be traded for a sack of potatoes, used or torn underwear for a lamp wick,. Approved For Release 2902 -; A 80-00926A003200020005-1 C Ora I.DEITT IAL/TIS OFF IC TALS ONLY wi 74 - If the 0erilYr".5081M2n2M14, : RtftM89.12111kP?Mtel de trth f essential articles, if specu1a-6ion - even though it is unmeruifully hounded - flourishes there on a scale not found in any capitalistic country, how can goods be shipped over the trackless Siberian tracts. SO that there wouldn't be any misunderstanding let me state that the rolling stock of the Soviethis very good but it isn't adequate enough to serve the 21 million Kilometers of the us:z. For this reason the new colonies are forgotten and their needs are placed on the bottom of the list for Osny appropriations. Only one thing comes regularly - propa- ganda. Protective measures have the task of euucation. In labor camps and in colonies Soviet propaganda strives to convert the deportees into enthusiastic Bolsheviks and followers of the teachings of Stalin. ?a few comparisons and the daily papers can attest to the huge number of political Bolshevik deportees. Over a period of 55 years, 1823-1887, the oaarist government de- ported. about 59,000 persons to Sieeria. From 1939 to 1941 the Bolshevi4. government deported from occupied eastern Poland, which was tkm in the lOurzon line, 1,692 thousand persons from which 990 thousand were sche- duled for emigration. (These figures are from the official publication of the Polish authorities who are opposing Oommunism) During the building of one port on the Black Sea the NIND deported 40 thousand persons with 24 hours for istrategic reason'. Not too long ago official Soviet sources disclosed the liquidation of the autonomous epublics of ILomi? Oreimean .artary, Kabardynk and Kalonyk. These republics had a population of a few million people. The majority were deported to Siberia. It is not definitely known where the million people of the republic of Tannu-Tuva had been deported in the last year. (1948) Approved For Release 2002/07/2 25X1A IA-RDP80-00926A US OFFICIALS ONLY .4 75 - Approved r Release 2002/07/24: CIA-RDP80-0092.03200020005-1 GiL1211Mii. Railroad Transportation The most common icommunity protection measure' is the corrective labor camp (Isprawitielno Trudovoj Lagier). Before I relate the living conditions in these camps it would be better to become acquainted with the techniques of transporting the accused from prison to the labor camp. The most common means of transportation is travel by rail; The prisoners are brought to the station in prison vehicles or, if there iS a scarcity of cars, they are forced to march to the depot. .i.fter the columns have been formed in front of tne prison, the transportation officer (usually an DIZITY) man) warns the prisoners with the following: March one step backward for every two forward steps. The escorting guards have orders to shoot without prejudice/. This means, in effect, that one false step is reason enough for the escort to use rifles. In every instance where .he marching columns halt, the prisoners are force& to sit on the ground without regard to mud, sand or snow. Under no circumstances can a prisoner stand up without first being commanded to rise. Besides guards, military dogs which are descendants of .i1.1zac wolves, help watch the prisoners. These measures are always used in oases of marching prisoners. Soviet iiusaia is probably the only country in the world that uses special prison cars in railroad transport. These prison oars retain the name of (8to1ypinka' from the czarist reign and differ from the ordinary railroad oars in having barred windows, hazy instead of clear window panes, and instead of ordinary walla a metal grill is used. The guards remain in narrow corridors which enables thew to watch the activities of the prisoners. Since the number of these cars id limited, they are usually attached to passenger or freight trains. ? The principle means of transporting lagge groups of prisoners (800- 25X1A Approved For Release 2002/6 7/24: CIA-RDP80-0 )6601a3WW.Q115TOFFIdIALS ONLY Approvapor Release 200270Y/i47 CIA-RDP80-00.003200020005-1 2000 persons) are covered vans fitted with primitive measures for human use. Two rows of wooden beds on different levels serve as sleeping places and a small hole in the floor fitted with a tin pipe is uLed for sanitary purposes. In the winter months a small iron stove in the center of the van provides the prisoners with a little warmth. On the platform of each :van stands a guard. ,kseperate van is used by the staff con- sisting of the commandant an Ni man, his assistant, a non-co=issioned mess officer, a sanitary officer and the rest of tne transport crew including dogs trained to trail humans. . The individual convoy guards are linked by telephone to the van of the commandant and with each other. In the event of damage to the tele- phone equipment the guards use a bell alarm oy pulling the ccrd that is strung near the ceiling of each van. During the night the way is lighted by flares fired every few minutes and while passing through fields or forests the flares are fired one after another. While the convoy halts, the walls and floors are pounded with wooden mallets to ascertain whether or not they have been weakened in an effort by the prisoners to escape. In transit the daily ration for the prisoners is about one pound of bread or i poung of biscuits, one herring or other sallted or smthked fish, and each should receive about 2/3 ounce of sugar. However the sugar is usually kept by the men in charge of the convoy, ,--ccording to orders each prisoner should receive one hot meal at least every third day. In general practise however, these orders are not followed. traveled as a prisoner a few times. One of these tripsnlasted more than a month and I didn't have a single warm meal during the entire trip. The greatest agony endured is thirst. The guards issue one or two buckets of water daily to eadh van holding about 50 persons. It doesn't Approved For Release 2003A3 CIA-RDP80-00926A003200020005-1 COTTFiDEITHAL/U? oiI?s nilLY Approved ORelease 2002/0/2747: aA-RDP80-00926 3200020005-1 go very far and is the cause of frequentfights or even death among the prisoners. If the transport is during the winter months many prisoners, tormented by thirst, lick the hoar-frost formed on the iron fixtures of the van. There can be no mention of washing or other bourgeois devices. This is the typical transportation of prisoners. There may be some slight variations from the account given. In the event of a particu- larly heavy use of transports, the conditions are much worse since the vans are loaded with twice as many persons and it often happens that many persons suffocate due to the luck of ventilation, especially during the summer months. Approved For Release 2002/07/ A003200020005-1 C 017 I.DErlrf IAL /US OFF TC TALS 1)f 11,Y - 78 - Approvitor Release 290,1424 :?CIA-RDP80-004111603200020005-1 v Deportation Prisons The first stage of deportqtion are the deportation prisons. This is a pointnwhere prisoners are massed together for the purpose of organizing convoys for transport to individual camps. There are several of these points in Russia. They are centrally located to be able to handle a certain number of prisoners. These prisons receive and discharge a few thousand persons daily. After the prisoners leave a train they are taken in prisonvans, or mar* on foot, to the deportation prison. This usually takes place at night. The MD cares about appearances and strives to do everything in secret. It isn't at all unusual for Aussian prison vans to seem to be passenger busses. Drapes and curtains (sic') present a good illusion. The inside however, is completely darkened and strongly safeguarded. After alighting from these cars the prisoners are taken to be questioned after which they bathe and have their clothes disinfected. Depending on the prisoner's luck he his quartered in a cell, or if the prison is over- crowded (and they usually are) he is quartered in the hall, in the loft, on the stairs, or even in the prison yard. In Nov. of 1940, together with about 5,000 other prisoners, I spent J weeks in the prison yard. For the first time since his arrest does a political prisoner mingle with criminal convicts. It is also noted that from the time of confinement in a deportation prisons the prisoner lives by the rules of the jungle, the right of sur- vival in an enclosure. From this time on survival will be the prisoner's one aim daring transport , and in slave labor camps. The administrators of these prisons keep an index of camps needing laborers and as soon as a large enough group is assemblea they are organ- ized into a convoy for further transport. For this reason a prisoner may Approved For Release 2002/07/24: CIA-RDP80-e*JA03200020005-1 rONFiDEfftIAL7S al77-Ficrils ONLY 79 - Apprc.1 For Release 2002/07/24: CIA-RDP80-046A003200020005.-1.i be in a deportation prison a few hours or a few months. xias depends on Whether transportation isdready for a certqin group Or whether a definite quota hasn't been filled and they have to wait for another shipment of prisoners. Frequently a long period of waiting in a deportation prison is due to faulty administration. In short, a prisoner may be forgotten, his papers lost, or the papers may have been included through error with those of another transport. There is a sealed envelope for each prisoner containing the records of the trial and the characteristics of the pri- soner. The outside of the envelope carries a photograph of the prisoner, personal data, the c.c. 1-rt. number, and the length of the sentence-. The an envelope is opened only at tde labor camp. If it happens that itm enve- lope is erroneously sent with the wrong transport, the prisoner remains at the deportation prison until the authorities uncover the error. Deportation prisons are the beginning of the real torture of a pri- soner. bleeping on bare floors, stone steps, or in the rain or snow under the skies, stench and lack of space, the complete ignoring by the autho- rities of even the most primitive hygienic installations, the constant threat of being stripped to the skin by degenerate juvenile criminals and the brutality of the prison guards - all tividly oppose the nicely worded CO art. 9: "Community protection measures cannot hagt as it's goal the physical discomfort or the degredation of human dignity Approved For Release 2002/07/ if 26A0032000200054.,, ----- CONFIDTthIAL/US OFFICIAIS ONLY Appro For Release 2002/0R47 CIA-RDP80-0 A003200020005-1 011,1,-2M.' VI Separation Camps From deportation prisons the prisoner is sent by rail to a separation camp. The conditions of travel are the same as those praviously mentioned, In the as event that the separation center is too distant fro- a railroad, Vransportation by barge, ship, auto or marching is urought into usel. Usaally however, these separation centers are in the vicinity of a rail- road right of way or at it's terminals. I had the lluck to become acqu- ainted with all modes of travel. Separation centers are, just as deportation prisons, points of or- ganizing prisoners sentenced to concentration camps in specific regions. Dabor camps are organized in r.assia according to l_systems1. hese systems are usually within the uoundaries of tdo individual countries or regionsl ,A Separation center serves one or more of these systems. The lacor camps send their employee requirements to a separation center and, depending on the namuer of persons in the camp, the separation center organizes a convoy for transport to the labor camp. These sepa- ration camps are nothingAmore than a type of slave market. I use the name appropriately for it is the most suitable and theacloseat to the truth. How else can you call the general practices of camps that send special delegates whose sole aim is to pick out the healthiest and most efficient workers. As an example I can cite my own case. I waa assigned to a camp and was ready for dparture when an engineer of another camp found out that I had stated that I was a drilling specialist. He therefore had arranged with my IDOS61 for a trade, giving him another prisoner, a few packages of cigarettes plus my coat. Separation camps therefore, function as labor exchanges and regulate the flow of labor. The number of prisoners in a separation camp usually is in the tens Approved Forail2002/07/24 : CIA-RDP80-00926A003200020005-1 G ONF TT= IAL ?C?F7-ti' Ty,ii-J?5 TLY ApproveddirRelease2002/0W281GIA-RDP80-00921103200020005-1 Of thousands, This necessitates separating the ca,ap into zones, each zone beingnisolated from the others by barbed wire. This type of wire encircles the entire camp. at 100 yard distances stand high towers t from military guards called 1Wochry' (giojennoja Ochrana - subject to the NXVD) stand a 24 hour watch. The entire camp is bathed in strong reflected light all night. Dogs also help in guarding the prisoners. Prisoners :ire forbidden to loiter near the fences, and anyone found too close to the fence is immediately shot. Prisoners are quartered in barracks, tents, or even under the skies. Due to the overcrowded condition of the camp it is impossible to house all the prisoners in covered buildings. 'Sven during the winter months many prisoners live outdoors, sleeping on the snow covered ground around campfires. All types of prisoners are found in these camps so that there is no differentiation between political and criminal offenders. The theory of might over right reigns in these camps. Guards that enter the coapound arm themselves with long poles used to disperse a crowd of criminal offenders that are robbing or even murdering political prisoners and those from the west'. In many instances however, these incidents are overlooked. Body lice become inseperable companions of the prisoners. It isn't at all unusual then for epidemics to occur and the death rate is unu- sually high. The prisoners dreamaof a quick release from these camps to a definite labor camp were organization and discipline, together with seizure of disquieting persons, presents a small guarantee of personal safety and the housing problem is a little more bearable. Approved For Release 2002/ 25X1A Y7/24: CIA-RDP80-0C 9?fgAP P9929911?-tt, II IC TALS OT1LY - 82 - Approver Release 2002/07/24: CIA-RDP80-00911p03200020005-1 011.....e2&1 VII WTS.Lt 2R.,14L)OAT Further transportation for the prisoner, depending on the cir- cumstances, excluding the railways are: trucks, barges, ships or more marching. The routes that are especially difficult for the prisoners to withstand are: a) Kotlas-Vbxkuta, b) Krasnoyarsk-Midinka, (c) iiharkov- Vladivostok, and d) Bukhta Nakhodka-dblyma, Kotlas lies at the point where the Vychegda and Dvina rivers meet. This is an enormous segregation center that supplies several camp system that exist uetween the Dvina river and the Urals. The most easterly system is Vorkutstroj with it's mining operations. The route Zotlas-Vorkuta is either by land following the course of the VycheEda Ussa river, crossingulthe Pechora river, following-the jimi river to it's source or by water transport using barges over the Dvina river to Arch- angel, then uy ship across the ithite and Barents seas to the Naryan-Mar port which lies at the mouth.of the Pechora river and then by barges up Usda the Pechora and AW rivers. In the case of travel by land the prisoners are shipped in closed freight cars or open flat-cars over the newly 'milt railroad leadin to Vorkuta. This line was completed in 4.pril of 1943. .defore it's com- pletion transportation of prisoners was accomplished by combining land marches and water systems. Marching Was resorted to all year round which accounted for innumerable cases of intense frostbite and eventual death. Almost every year severe blizzards caused the deaths of many transports consisting of thousands of prisoners with convoy. .ccording to orders camp authorities are obliged to supply the prisoners that (nose into the polar regions with special uniforms out in general prac- tice the prisoners are usually clothed in their own outfits. You can 25X1A6 Approved For Release zuu2/07/2 26A003200020005-1 CONFIDtatiAL/US OFFiCLUS ONLY 83 - imagine thPePric3n/kr iettee29,31,q3651:J9NREE8OW49901kt3i2P9M995-gn Lwow daring . May and June of 1941. The white death reaps a good harvest and is a constant companion of every transport. The river route of Lotlas-Vorkuta is a great deal worse than the landed route. barge holds about 2,000 prisoners jammed into it's hold. They are allowed on deck only during the day and that only with permission of the escort. This permission is granted only for physical conveniences. The lack of adequate facilities results in long clueues of people standing in narrow halls for many hours. -Sven during the night many stand in line waiting-their turn. Many that are unnable to deny nature use a conven- ient corner which further pollutes the air and creates breathing diffi- culties. i)uring tne night bands of thieves rob their more peaceful com- panions, murdering those that give them opposition, and practice sex perversions. The guards do not take any notice of these practices since they share in some of the loot and barter with bread and cigarettes for the rest of it. I know that .what I have written may seem unbelievable, but we must realize the severe shortage of material in Soviet Russia. Every scrap has a big price on it. 4L well dressed foreigner cannot count on mercy from thieves or even administrative personnel who themselves organize or provoke att..,:cks on better dressed .'westerners. Sometimes po7itical pri- soners are capable of banding together and morebr less successfully, defend themselves. In these instances real battles ensue among groups of prisoners and the mortality rate on both sides is high. I had partici- pated in just such a battle on this route which resulted in about 20 deaths and about 100 badly injured persons. Unfortunately the majority of the victims were political prisoners who normally are unarmed while the bandits have some sort of weapon, usually a hand made knife. Besides the plague of bandits, the prisoners are tortured by hunger, Itk6IIC Approved For Release 2002/07 26A003200020005-1. C ONF IDETITIA,L/ US OFFICIALS ONLY Approvleor Release 2002707124 :CIA-RDP80-00.003200020005-1 thirst, sickness, and heat. It seems paradoxical but It's nevertheless true that in the waters of the North sea, north of the polar circle, prisoners die en masse from heat prostration. The tromplete water trip of 1Cotlas-Vorkutai including stops in transit camps at .1rchange1 and Naryan-Mar lasts months. This is in addition to the delays met in the event the 2echora river is frozen over. In these cases the escort cannot contact supply points, therefore, in order to stretch their food supply, they further decreaee the already inadequate food rations. InAhese instances the marauding of the bandits reaches unheard of heights. They steal the feed of their companions Thich causes the death ey etane tioa of these unfortunate peeple. Corpses are threwn into the water. The route between ?rehangel and Naryan-Mar has still another hazard. Ships frequently sink as a result of storms or icebergs. The route Zruenoyarsk-Dudinka presents the same picture of the barges or ships on the Yenisiy river. It is about 1,500 miles long. Bukhta Nakhodku, near Vladivostok, is similar to Kotlas as a begre- gation center and serves all systems lying beyond the A4:imur river, .Kolyma, Kamchatka peninsula, Sakhalin Island, the district of Yakutck, ana Virkhoyansk, and the L;hukotka Peninsula. kmpa Specially equipsed ships ply these many sea lanes, making continuous the many points served. Two route, are never to be forgotten by the prisoners. These are Bukhta Nakhodka-Magaden (on the Ukhotsk sea) and .dukht Nakhodka- 3ering Strait - .&irotic Ocean - and Lower Kblymsk. Magadan is the second segregation point on the far Bast. It is the gate to the enormously big territory of slave ealeps which are densely situated on uoth sides of the Lolyma river. iJue to the climatic condi- tions, (Verxhoyansk is the coldest region in the world), only the hardest criminals are sent there. In the Soviet mind a sentence to that point is Approved For Release 20031a: CIA-RDP80-00926A003200020005-1 ' QONJWEITIAL/US;QJIcIIL3 JTLY - 85 - Approved'''. Release 2002/07/24: CIA-RDP80-0092003200020005-1 equivalent to a doath sentence. Tite route leads through the Japanese and Okhotsk seas. During; passage through X the La Perouse btrait many prisoners perish from suffocation. This btrait lies between the balcha- lin and Ye zo Islands and. tue Japanese had. the opportunity to photograph Russian prison ships. They were probably quite well informed on the number and destination of these ships. It was the duty of the N.71) to keep secret the politics of tne biological extermination of counter- revolutionary elements. .0'or this re-son all companionways leading to the decks and all portholes were hermetically sealed before reaching this strait to prevent escapes. It had previously happened that pri- soners being releseci upon dock to use toilet facilities had noted the nearness of the islands and had. jumped overboard.. Japanese fishermen willingly helped them and obtained information from them which circum- stances didn't enter into NAND plans, therefore stringent methods were put into use which costa number of lives but which made impossible the divulging of boviet information beyond. it's borders. Further transportaion from Magadan to Lolyma is trucks for a distance of 300 to 750 miles. Prisoners are forced to sit in cramped positions one against the other. Talking and movementnis prohibited. l'he slightest infractions of the rules if. met by death at the hands of the guards This territory is ruled by the harsh "Kolym& laws" which permit immediate reaction of the guards who understand only one way to obtain submission: aimethashots ? It is natural to assume that frostbite and, death are normal occurances under the climatic conditione. Upon reaching the Zolyma river the prisoners are transferred to barges during the summer time, but during the winter (which lasts about nine months), the journey is completed on foot. Transportation from Bukhta Nakhodka to the Uhichodka Peniasula and to Lower Kolyma uses a longer sea lane since the ships have to sail 25X1A Approved For Release 2002/07/24: CIA-RDP80-00926A003200020005-1 COI IF IpEi IT IAL /US oic IALS OT FLY - 86 - Approveror Release 2002/07/24: CIA-RDP80-00411%003200020005-1 through the Beriag Strait and. contend. with .ics floes in the 4-,retio Ocean. 2here is no transportation by truck. The journeys from the ports to the interior, in many cases several hundred miles, i made on foot and. the trail as usual, is strewn with corpses. Approved For Release 2002/07/24: CIA-RDP8A610A003200020005-1 ?dOtIPIDEN'fal US OFFICIALS ONLY - 87 - Approver Release 27Z4,: CIAIDP80-00920103200020005-1 vil Living Conditions and Labor in Prison Camps According to Soviet assumption, a correctional labor camp should serve as an educational institution. The educational measures are labor and propaganda. Labor is the topmost duty of every citizen and carries with it ennobling qualities so that every prisoner is obliged to perform either physical or mental labor, depending on his qualifications and physical capabilities. On entering a labor camp, each prisoner undergoes a physical exam- ination to de-.ermine his degree of fitness for labor. There are five official classes of adaptability: 1. Fit for all labor 2, Fit for 'moderate labor", 3. Fit for light labor. 4. Invalid let degree. 5. Invalid 2nd degree. Special orders specify the types of work to be performed by each class. A different commission studies the prisoners' records to determine what type of work the prisoner did in civilian life and to separate the specialists. In practice however, any recommendations placed in the prisoner's files by eithe commissions is disregarded and no difference is shown to the different classes, and speoialistawork with others on 'general jobs' (obszczije raboty). The true standard for placing prisoners is the type of offense they are committed for, and the action of the pommO issions is only a formality. A political prisoner is seldom allowed to work imAlthe administration offices of the camp which is asuailywinmthe hands of professional criminals. The only exception to this rule is Approved For Rele1 ase zui%21 7/24 : CIA RDP80 0 926A0032000200Q5z, 2 5X,1 c c.RITI:DratiA,T,/u 'OFFIdIAIS ONLY Approv or Release 2002/0r/24 rCIA-RDP80-0041114003200020005-1 made when no other prisoner can be found to be capable to handle this function. In this ease even a political prisoner may handle affairs dealing with camp administration. An invalid let degree is ooliged to do work inside the compound. Invalids 2nd degree are not obliged to work. These rules are fluid and can be changed by the administrators so that an invalid let degree is obliged to perform 25% of the normal daily output while a End degree invalid is expected to produce 10% of what a healthy prisoner putsout. This disregard of orders and the difference between theory and practice is brought about byS a) the specific atmosphere of soviet life whose argument 'everything for the socialistic country of the laborer and peasant' nullifies the law of personal dignity giving the admini- strators the authority to practice /louses, b) the requirements of the Soviet party plans which must be completed without regard to choice of measures used by the manager. Ga,bp authorities, on every rant of the organization, have plans forced on them which have to be completed if they do not want to share the fate of the prisoners they control, and since the plan can make this possible, tation of the prisoners without regard out regard to cost.' A standard is set by the economic enlarged plan it is necessary_ito set a or a brigade of prisoners should do to they tolerate the maximum exploi- to murderous conse-uences, with- plan. In order to complete this standard as to what one prisoner guarantee completion, exceed the plan. No one seems to be concerned with the fact set standard is oeyond the limit of human capabilities, that Organism holds a limited amount of energy, that the standard 0E13. or even to that the the human is murdsr- The press and. all propaganda stresses the completion of the eco- nomic plaa throughout the entire nation. Factory and. business directors Approved For Release 20034/14: CIA-RDP80-00926A003200020005-1 ONF _WENT L /US r Tc:IAT,S DIlLY -89-. Approvilkor Release 2002/07/24: CIA-RDP80-000003200020005-1 Of the state adopt by means of professional alliances the reeolation to take the obligations upon themselves to see that the plan is dompleted beyond the expected standard. The same thing happens in labor camps. A practice has arisen to accept these resolutions, so that after the given time limit, widespread justifications for the unfulfilled pro- mtses could be published. Such justifications could be sent by a dir- ector of a business that hires it's employees but never by a director of a camp using prisoner labor, as such plans must be completed. If, in spite of the killing pace set for the prisoners, the plan is not com- pleted, the director falsifies the report in order to &Void responsi- bility for sabotage (art 68, par. 14 o.c.). He turns to this measure only when the fatalities are BO great that he may in turn be ander suspicion of lconscious counter-revolutionary sabotaget. The position of a director of a labor camp is extremely difficult, it is always between the hammer and anvil, and is held for ae long as he is able to carry on an intrigue. 41. commission from Moscow very rarely visits a camp. The director usually hears of an impending visit from trustful friends employed in the highest echelons of the organization, which enables him to put the camp into some semblance of order in order to satisfy the demands of the dignitaries who do not observe many things, and who choose to ignore a whole lot more. The weight of the plan falls on the prisoners. Human material in Russia is squandered lavishly, in labor camps - prodigally. The standard of labor is strictly prescribed. The table of stan- dards takes into account even the minutest details. These tables are continuously changed to the detriment of the laborer, growing to un- attainable heights, to the recorded heights of istachonitest. These records are fraudulently determined. Physically strong laborers, prepared for the test by the camp director thaving the best tools, the Approved For Release 2002/0 if A :I*;s -00926A003200020005-1 CONFIDENTIAL/US OFFTCTALS ONLY tar - 90 - 71krtiigmMORTQUEARRIM8901,1813WW" best material, te ine standard of labor in a few days, which is enough to set a precedent to increase the general binding standard. In order to for the prisoner to work, the quality and quantity of food served is in accordance to the pereentage of work performed acc- ording to the standard. The food in different camps is not the same. It depends on the place and time. In the past, there were instances when the menu was inadequate and hundreds perished from starvation. A reform took place in 1938-9, Prisoners that were in camps at that time tell that during this period no one had died of starvation. Evenmthose that were on penalizing rations existed from scraps off the tables of the stachonites, The year 1940 however, saw a change for the worse and conditions became so bad that from 1941 deaths due to starvation and emaciation be am a common and everyday affair. A general rule governing the policy of nourishment is to keep the people half starved so that they would exert more energy when promises of better nourishment are given. Hunger, in these cases, is a very effect- ive measure. There are different degrees of rations. During 1941-43, Northern 'European .Lussia had the following list: Prisoner category Daily Rations black Itgatit%xmtx4tmmtmxtxmaixeittim About 13 ounces of bread and twice Less than 99A of atbandard and End degree invalids daily l pts. thin soup (400 grams) 100-114A of standard and office clerks 11 lbs bread, morning - thin soup. noon - 2 oz white bread, evening- thin soap, bowl of barley. 115.123% of standard operations Same as above plus lb bread) 251A, Approved For Release uuz/07/24-..-CIA-R01214100626,A(08119920Eathe C ONFIDENTIAL US OFFICIALS ONLY - 91 - Approvilkor Release 2002/07/24: CIA-RDP80-00116032000.20005-1 administrative par sonnel aame as above plus 1 11) ? more bread, occassionally some meat, and vegetable oil. Less than 337 of standard 9 oz. of bread and twice daily ani disciplinary cases cabbage or oat soup, /practically nothing more than water. In 1942, probably due to the war, the food rations, particularly bread, suffered an abrupt 4O> decrease_iwith the result that u large percentage of prisoners began to die at a rapid pace. Oertain camps that were doing war work (extraction of naptha oil, cold mining, building of underground and above ground hangars, etc.) felt only a small decrease of rations, but the scale of labor and hours increased. Favidently this increase was fvoluntary' as a result of a spontaneous resolution by some prisoners who wanted to contribute their efforts for their beloved Stalin and party. Those prisoners in the polar regions were fed a little better than those farther to the bouth. In this respect the all- powerful authorities created unusual pictures. eg. two camps, lying about 2 klms. (1 1/3 miles) from each other, doing the same work, and having the same scale of labor receive different rations because one is in the polar circle and the other is outside the circle. Practically speaking, the increase in physical fitness br,)ucbt about by a better diet does not compare with the increase of effort and the calories expended in labor completely cancels the caloric increase of the daily rations. This causes the human organism to weaken, and finally emaciation. For this reason the more sensible prisoners do not attempt to increase their efforts at such a heavy price and if they cannot gain better welfare conditions through various subterfuges, they only expend enough energy so as not to be accused of sabotage. They have a valid Approved For Release 2002/07/24: *A d3200020005-1 u3200020005-1 C ONF IDENT IAL /US O?FTCiiIS T TT - 92 - Approvelior Release 2002/07/24: CIA-RIDP80-009.003200020005-1 reason for this for they /mow that whether %ey are ste.cnonitee or not, the same fate awaits them - slow death by starvation. ' Workers that completed more than 1250 of the scale had the right to buy between two and 'three hundrec. grams of bread and 2 oz. of lard. They had the right, but not always the possibility. The luck of fats was felt by all strata of society and the guards, just as the prisoners, were lieeted to a certain amount of fat. Prisoners that refuse to work (otkaz) are sent to the lock-up. Systematic refusal to work results in an aceusation of sabotage and the punishment is isath. after three refusals this paragraph is applied (for the prisoner shows no hope of correction - the verdict usually booms out). Under these eircumetances the prisoners rapidly approach a complete physical breakdown. 3esides hunger, they are plagued by various diseases peculiar to the extreme North as : scurvy, nyetalopia, aed otherw which are caused by the lace of vitamins and the extremely cold climate. In general, among the prisoners exists a conviction that the only means of enduring a sentence to a labor camp is to be sent to one located in tne interior zone where, through organized IblateT, living eonditli,ons are more bearable. Iblat' is a specifically Soviet institution. It is a chain of eontects that guaranteee mutual help and support at the ex- pense of misusing and eluding prescribed laws. The. boviet adage iBlat wysze Sownarkomal (blat is higher than the Peoples Official Council) gives the best eharaeteristic of this institution. Others that are unable to organize a Iblatl usually come to the same end - death oy emaciation. This occurs sooner or later, depending on the individual prisoner's state of health on entering a camp. When exhausti'or: is so great that the prisoner doesn't have the strength to work, he remains in the camp and is completely indifferent to the fact that he may Approved For Release 2002/07/3PM-RDP80-00926A003200020005-1 coNFIDMirlAIITTs OFFIdIATS ONLY Approvor Release 200=7124 ;.CIA-RDP80-0011&003200020005-1 be sent to the lock-up. His onlyndream is to lie Llietly in warm nook where he wouldn't feel his slowly ebbinr strength ;.ni the flicker- ing of the flume of life. In camp jargon such persons are called approacher's from the word 'approaching' or nearinr one's end. The issue of clothing is particalsrly isiportant in the Northern regions. 2risonere receive cotton jackets, and andFJrciothes that are generally ssuitsble against the cold.. The gloves that are occasionally issued are entirely inadequate and are no protection asainst the bitter cold. Leather shoes are soaroe and the prisoners do not at any time receive them. The NINJ and administrtive personnel receive porous pigskin shoes and high boots havein mie sneep-wool snd camel or cow hair which keep the feet warm. The prisoners normally receive awkward clogs made from tire coverings, These injure the feet and do not give any warmth. L,ometises they receive bast-shoes woven from linden.. Normally the prisoner winds old rags around his feet as a sort of protection. These get soaked however, and a. crust of ice forms over them. It isn't at all oddsithen that many hundreds of prisoners have their feet or fingers amputated as a result of severe frost-bite. The housing of prisoners depends on the degree of Icolonizationl Of the camp that the prisoner is sent for lauor. Generally the pri- soners are housed in wooden barracks or in caves that are frequently unheated ;paradoxical because the forest is all around), and those working in mobile units, i.e. laying track, building roads, etc., bivouac under the stars or in tents. On their own they often uuild themselves huts from branches. The manner of establishing a camp is very 3j.rr,ple. group of prisoners is taken into the deep forest. lit the beginning there is only a slab with the name and number of the camp. "Strojtie ziza" (build your future), orders the convoy commander, and the prisoners fell trees Approved For Release 2000-214. CIA-RDP80-00926A003200020005-1 ONF _WEI IALAU S i?J3 (DJ Fla Approved 116 Release 2002/07f2494CIA-RDP80-0092603200020005-1 for building oarracks in the meantime bleeping Linder the skies or in huts. The lot of the mobile workers is particularly difficult. Uonstant traveling makes it impossible to organize a camp, conveyances very often bog down (snow drifts in winter, mud in summer), the field kitdhen isn't in any condition to properly prepare hot meals, and the prisoner is de- prived of a warm abode where he would be able to rest even for a little while after a hard day's work. Under such conditions you can't even dream about hygiene or any type of sanitation. The prisoners sleep around camp fires and frequently many contract pneumonia whioh their weakened bodies cannot fight. Normally, about 90p of those have pneumonia die of the disease. During the summer months, besides scurvy and pellarol hemocolitis, the prisoners suffer from stomach disorders brought on by the greedy and indiscriminate use of mushrooms and wild berrys. The medical welfare of the prisoners is in the hands of so called sanczasts which is a division of tne sanitary dept. having it bureaus in every camp. The organization of a division of health for a camp has been well planned. However, the prisoner's health and life in the camp as compared to the completion of the economic plan is of no importance so the.1NXVD limits the usefulness of doctors and force the laborers into one plan after another, and limit the amounts of medication. Doctors usually are prisoners. They try to alleviate their comrades' suffering but are hindered by,.the limitations. according to specific orders, a doctor has the right to designate not more than Eii;) of the prisoners as ill when in reality at least 84-/i) need medical attention. The medication on hand isn't toommuch help since it consists of aspirin and iodine with an occasional shipment of cod-liver oil and Vitamin d, camp doctor can sugEest that a prisoner be sent to a special camp oalle TeanEorodoky Approved For Release 2002/032iIA-RDP80-00926A003200020005-1 COTTFI.DEATIAL/TIS OFFICIALS DULY -95- ApprJ For Release 2002/07/24: CIA-RDP80-0096A003200020005-1 (sanitary town) where the conditions are better than in the camp infirm- ary. These hospitals are usually clean and warm. he food is prepared with enough fate and the doctors are usually learned men whose fate and Stalin's order had placed them in prison. The theoretical aim of the camps, as I educate through work and propaganda. Blerybody is obliged to labor but only paganda. In this case there is a sharp line criminal offenders. From the fact that camp speeches only tram for the common prisoners, that the Soviet authorities do not believe a have already stated, is to the elect benefit from pro- drawn between political and authorities hold propaganda the conclusion can be drawn political prisoner can be induced to mend his ways, and from the beginning they feel that he is lost completely and as such, it is only right that he die in a camp. Because of this, it never happens that a lkintrik, (in camp jargon, a political prisoner) is free to leave a camp after serving his sentence. Just a few days before he is to leave, he receives _notification that the OSSO has reached a new decision and the prisoner receives another 5 or 8 year sentence. The whole setup for Icounter-revolutionistsl, the system of chicanery, and the limited rights generally guarantees death before the first term is finished and only individuals of unusual health and strength or those exceptionally clever can have the personal satisfaction of receiving the information of a new verdict. The preparation of propaganda in the camps is handled through the cultural educatchre (ulturno Wospitatielnaja Ozast). The work of this group is broken down into the following classes: a) agitation for more effort .in labor b) educational propaganda influencing criminal offenders, and 0) organizing theatrical and recreational pageants. Bvery camp is plastered with huge propaganda posters carrying mottos Approved For Release 2002/07/24: CIA-RDP80?t11716465403200020005-1 [ CO-NITISN'TfAL/Ti OFFICIALS ONLY Approved.- Release 2002/0F/21 CI-A-RDP80-0092113200020005-1 and the golden thoughts of Engel, Lenin, and above all, Stalin. These posters call for greater efforts of labor, for 'socialistic professional cooperation', the davelopement of stachonite activities, ets., and with extolling,the happiness and freedom of the Soviet citizen (even Here!) Large bulletin boards list the percentage of the set scale performed by different brigudes and various Istachonitesl. From the camp gazette (posted on the.mall) the prisoner has the opportunity to read.the names of all prisoners refusing to work and at the same time he can learn of the dismal conditions of the life of the English and limerican laborers who are exploited by the Oapitalists. This type of propaganda is acc- essible to all.. The education of criminal offenders hinges on acquainting him with the peculariaties of his actions which, when compared to 'counter-revo- lutionary acts' of the political affenders, are attempted to be shown by the iAlfC as temporary forgetfulness. Similarly, a corrupted picture is painted of the caluminous crime of the lkontriks' and it appears gene- rally dark for this group of prisoners. The XWO which stands ready to serve the NZATD'Isekretnoj czastil recruits from the ranks of the cri- minal offenders a host of confidantes by deluding them with pictures of better living conditions and promises of shorteningtatheir sentences. Since in :the comprehension of the Mai) a citizen is a loyal and useful member of society when he knows how to worship Stalin, it is blind to the faults of the Structure, and what is more important, to informers. It is seldom that a criminal offender leaves a labor camp before his sentence is served and becomes a'really valuable' Soviet ditizen, having received a previous leduc_iuionl which guarantees him the above mentioned virtues. The last duty of the :IOC 9 organizing theatrical and recreational pageants - stands at the lowest level. The essence of the theatrical presentations are shallow and are written by worthless agitators as so Approved For Release 2002Vill?`cIA-RDP80-00926A003200020005-1 comEmmiT_INVIE oFFidiAis ONLY Approvaor Release 20027074 7CIA-RDP80-00.003200020005-1 maoh propaganda. If the play is presented in a clubroom - usually housing prisoners - the only benefit that the offender can gain from the performance is, when ander cover of darkness, he can steal some clothing from a fellow prisoner. From time to time ',oviet films which commend the Soviet life are shown in these clubrooms. having women inmates also arrange dances. information. Since I made mention of women, I think it's just as well to mention sex life in the camps. It exists tabikkaxiamext to the point of deEeneracy in all-male or all-female camps. It doesn't mean that in coeducational camps the sex life was sound, it was only a little more normal. The favours of women were gained mainly by the administrators of the camp since they were aole to pay for such services. Normally, the women became mistresses of the more prominent criminals, but this didn't pre- vent them from acoepting money from the other criminal offenders. Poli- tical prisoners rarely met the camp prostitutes for the simple reason that they were too weakened and emaciated to take much interest in such things. If that weren't reason enough, then the boviet prostitute feels it to be her duty not to cater to an 'enemy of the people'. In camp jargon women are knOwn as the criminals 'delirium'. The picture of camp life wouldn't be complete if we had omitted the role played by the 'arks'. This name is applied to thieves and bandits It is claimed that cimps I was unable to confirm this that havebeen waifs of the streets from childhood. lUrks' are the plague of every and have been aesociatea wita crime prison and camp. In camps_they are Organized in special labor brigades, they act with a great deal of li- berty and steal and plundnr from the more peaceful prisoners. The whole administration of the camp is in their hands. 11 officials, froi,-, labor leaders to the chief administrator, foster the TUrksl. ,Idequately edu- Approved For Release 20031a: CIA-RDP80-00926A003200020005-1 GONFIDEITTDIL/US .OFFIynt-CLS TY Appro.For Release 2002/N247 CIA-RDP80-00411A003200020005-1 cated by the XNC and indebted to it for their lucrative functions, they terrorize the other prisoners. This is especially rough on the political prisoners. Urks allow only their colleagues to enlist in a Iblat' and for that reason only a very few political prisoners can avail themselves of the benefits of a 7blatl. Those who are not in a blat or those who do not know how to get into the good graces of the Urks will seek justice in vain from the camp authorities. Such is the role of the lUkret on the side of the NXVD that they constitute a grave menace to the millions of counter-revolutionists' that in every instance of rebellion, they are eliminated by the tUrks' without the slightest scruples. "Urkstare the elongated arm of the in the camps which presents this curious paradox: criminals stand as guards of Soviet justice. Approved For Release 2002/0 00926A003200020095-1 C OT IAL /T.JS OFF TA LS ..:)T FLY - 99 - Approver Release 2002/07/24? CIA-RDP80-009.003200020005-1 PART USSR.- d6802LES PRISON OHAP24h I lit Is Only a Uhange in Name' Lenin's words, "Russia - people's prison", didn't lose any of their rea- lity today after more than 30 years of rule by the 'labor-peasant council'. Ozarist Aussia, expanding it's empire, encountered opposition from the nations standing in the way of expansion. This opposition was broken bymthe Russian armies and authority over the occupied territory was taKen over by czarist administrators. Using the unfailing threat of prison and deportation, they held the conquered peoples under ruthless submission. Lenin, speaking of the 'peoples' prison', had in mind the oppression of the minority groups by the Aussian empire, expressing himself from a deportation prison. If there is any change today, then it is only in the scale of tenor and rankness in the smouldering class war of the penitentiary system. Where the czarist regime was ruthless against tens of thousands who were political adversaries of the 'autocracy', Stalin's regime destroys millions. This assertion isn't an ostentatious phrase. Sy political adver- saries we mean not only opponents of the social structure but also the representatives of the individual nations resisting ilussian rule. I had already mentioned inmthe preceding chapters uuout the ruthless fight against national ideals of the people living in territories ruled uy the Bolshevik regime. I had also mentioned the mosaic madeup of many nationalities in prisons and camps. _These clues give some picture of the true 'brotherhood of man' that is praised and golrified by =,oviet Propa- ganda. It is difficult for me to give an accurate proportional percentage Approved ForReleAM2/07/24 : CIA-RDP80-00926A003200020005-1 Ak OIFIDENTIAL/US OFFICIALS 'ONLY Approver Release 2002/07114Q CIA-RDP80-00921103200020005-1 of the nationalities making up the prison population. One thing is certain, the greatest number of prisoners is recruited from the so-called minority nations. 4L phrase that is most unusual in the state is "quality of nations", I made the stutement that the Soviet regiLie destroys millions of it's political opponents. This statement isn't an exaggeration and can be verified to a relative figure from direct comparisons. Russia remained true to it's traditions. This observation was made in 1920 by Joseph Conrad when writing the prefacd to his novel 'In the Eip3s of the west'. "These revolutionists aren't able to perceive that all they can attain is only a change in name, aussians are oppressors and oppressed; the world again sees the truth that a tiger cannot change it's stripes or a leopard it's spots." In his extensive work entitled 'Corporal Punishment in aussian Judicature and Lldministration', the Aussian martialiet N. Jewreinov btates: "A Aussian is too conservative to rid himself of deep-rooted spiri- tual convictions only because public opinion created a break in punish- ment estimates". Immediately after the revolution, the government council solemnly renounced the czarist method of imprisonment. Convictions were cancelled and houses of correction took the place of prisons. This idyll didn't last very long. It took only one attempt on Lenin to answer the 'White Terror' through the laed Terror' on a much greater scale. Czeka, GPU, and then the WTI) developed to the point of absurdity and when there was a lack of true enemies of the revolution, since they had been utterly destroyed in the first 10 years of the existence of the USSR, the heavy bureaucratic machine of Stalin's 'autocracy' seized apparent 'leftist' 25X1 A Approved For Release 2002/07/24: CIA-RDP Approve r Release 2002%642042i C1A-RDP80-009.003200020005-1 and 'rightist' enemies and even communistic enthusiasts whose only crime was the fact that they could perceive the warped ideal for Which they suffered. Bsychology of 'capitalistic environment', continual rear of an armed bourgeois crusade against the USSR, the mania of espionue persecution, impetuous rebuilding of an organization and the impassive resistance of a farmet'to leave his land commanded a search for, und extermination of, ever new 'enemies of the people'. ?aves of mass errcuts swept the country with the force of a hurric ne, prisons became overcrowded, and labor camps were develop d. .--,oviet authority eidn't ereLte --ny new methods in the penitentiary system. It took the line of least rf.. 4tano. It added on to the institutions inheritel from czarist ussia,ionly im- proving the organization, and above all, chancred the name. Hard 1._bor was named 'correctional labor labor'. In some cases however, ture, and today, just as during 'dungeons' and 'deportation'. p and prisons ' homes of compulsory there is a return to the old nomencla- the reign of the czars, there exists he term 'correctional laeor camp' was kept laza without change ana the fact is that the contents and scope remain the same, that is, eoltermination. xtermination on the enormous Soviet scale. . For "cruelty, spiritual destruction, and the state of moral collapse of a particular nation can be explained through the measures that helped to keep it on a leash through the past century of it'' historical exist- ence which, through habit, became for it a second nature." (N.Jsewreinow.) Approved For Release 200 -00926A003200020005-1 GONLL)EITIAL/US. Oii 1-9.1IALS OJJTY 102 - Appro.For Release 2002/07/24: CIA-R0P80-001,003200020005-1 OHLMA II Camp Organization Oorrectional labor camps take up more than 1 of the land in the USSR, Thesr, camps perform an important tole in the economic plan, they build roads, railroads, dig canals, mine coal and other types of ore, extract naptha oil, build factories, etc. It's Li. well Known fact that there aren't many phases in the economic life of the country in whicn prisoners did not labor. Huge enterprises are built on slave labor just as the irrigation system of ancient Bgypt was built by sl_ve 1.-bor. On the other hand these facts emanate from, and are tied in with penitentiary poUtics which puts a great number of persons at the disposal of the various state organizations. The violent rehuilding of the USSR community structure, forecast and realized in the framework of each 5 year plan, results in overcrowded prisons and labor camps. From the point df view of boviet politics, the benefit of this is that doubtful elements are denied contact with the rest of the community; it is separated, but for state economic effects it seems rather dis- adVantageous for it denies a great number of factories many laborers which causes critical delays in completing a plan. In reality however, this handling of personnel helps solve the unemployment problem (event- ually, all unemployed become prisoners), but the transfer of labor personnel from all over the country to the newly created capps in the North creates a pruve transportation problem. Under these circumstanceS the weight of making up the deficit in the economic plan falls on the prisoners. It i beyond a shadow of a doubt that these camps are a nega- tive phenomenon in Soviet economics but it doesn't alter the fact that their main tasK is to help rebuild the USSR structure,.hence the ruthless biological extermination of undesirable elements. Observing the growth of boviet state slave labor by prisoners, we Approved For Release 2002/07/242.Q42ADP80-00926A00320002000-1 c OM? IDENT L`iL /us OFFICIALS ONLY - 100 - ApprovellarRelease 2002/07/24: CIA-RDP80-009.003200020005-1 come to the conclusion, that in spite of adapting such radical measures of correction, the number of prisoners in Aussia doesn't lessen but grows greater and penal politics doesn't disclose tendencies to restrain mass arrests. - It is characteristic that as camps in Aussia grow, they come more decentralized, but the opposite is true; they tend inward to the center of the USSR. The process of separating should be- to spread 'counter- revolutionists' began from the Northern Islands and the New Land. In proportion to the ever growing ranks of prisoners, new camps have been founded, beginning from the tar North to the South, and tightening the circle around the -center of the USSR. There are labor camps in the vicinity of Moscow and Leningrad, and powerful systems were built in Kujbysz and Adak. This centralization of camps is also caused by economic reasons. Shortage of labor in the center of the country created the necessity of replacing voluntary employees with the slave labor of prisoners. ."1- ready today the economic plan: weighs heavily on the policy of camp establishment and just as in prisons, deportation, and 'camps' the atmosphere is heavy on the central life of the free citizens for it is a rare Russian family that Hasn't at least one ofnit's members sacri- ficed to the 'corrective' measures of boviet justice. The highest institution in the lioviet system of prison camps is the 'Gulag'. It is the contraction from IGlawnoje Uprawlenije Lagierer Chief Camp Administration. It officiates in Moscow. Gulag is an institution arising fromAhe Peoples Commission on Internal Affairs and is subject to it. It is divided in groups for specific tasks such as: planning, personnel handling (oddiel Kadrow), security, administration, sanitation, culture, education, etc. These divisions are maintained in every degree of camp organizations. Approved For Release 2002/07/24_: 0,03200020005714, CO-ff;bENtIAL/US OFFICIALS ONLY - 104 - ApprovilkorRelease 2002/07/24: CIA-RDP80-00411003200020005-1 The entire system of camps is divided into specific camp systems which handle a certain phase of the economic plan. e.g. the camp system of 73ezymienlagl (an unnamed camp) in the Kujeysz region has been assigned the task of creating a large war production center. Camp systems are divided into regions - (otdieleflija). Those connected with railroads encompass from a few to about 20 camps ('lag- punktowl) excepting the mobile camps of working columns. Ilagpunktl has from a few hundred to a few thousand prisoners - a column from 800 to 2,000. e.g. Iagpunkt No. 4 in Uchtimlag had about 6,000 persons at the time Nr. ii Prommgrap had about 700. The larger camps have several 'branches called Ipodkomandirowkal (sub-committee). Prisoners are divided into labor brigades of about 26 people or sometimes more (40-60). At the head of each brigade is the brigadier- prisoner who directs the work to be done, together with the counter who calculates the percentage of work completed. The brigade works under the supervision of an armed guard (strielok), who has the power of life or death over the prisoners. It is proper to mention, that just as all boviet life, camps suffer from excessive bureaucracy. Beginning from camp points down to lotdielenijef and the system management, a multitude of different types of 'planners', 'statisticians', 'bookkeepers', 'work accountants', etc, work in the various offices. The chart gives a typical pictar of the organization of camp administration. Administrative functions in the camps are handled by the prisoners. Only the head of the camp and the director of education are free.. As I previously mentioned, criminals have priority for these positions. Besides the management, there is the large personnel of the FM which has charge of guards and who preside at trials in the event a 25X1 Approved For Release 2002/07/247?CTAA :RDP80=07 26A003M20Q0 CONT OFFIdIALS ONLY Approvidkor Release 2002/0-11;N :t1A-RDP80-00911003200020005-1 prisoner commits a new offence. On the map of camp systems in the USSR, which is added to this publication, are listed only the systems whose names have been verified and about which I have been able to rive many details. (Ihave bean in some of them). emphasize that these are 'systems' and not individual camps. Bach system numbers a few hundred camp points. The territory encom- passed in a system is not inhabited by prisoners exclusively. The farther South the system lies, the more.camps are mixed with settlements in which live the free people. Free in the L'oviet system of freedom. The map is based on original Soviet documents and supplemented by statements of prisoners who had been in labor camps from 1939 to tkAt 1942. It isn't complet; it is based only on accessible documents. Labor camps that are not included in the the camp systems, but which are found all through Western and Southwestern ,Aussia, Oaucasia, and the Republics of Oentral Ilsia are not listed on the map. Moscow, which has a number of camps, is not listed, neither are the railroad construction camps which range from the Western town of Tajszek to Vladivostok listed on the map. The map doesn't show many camps because there isn't 100/, proof of their existance. Besides the camp systems mentioned, there are many camps as I already mentioned - numbered in the hundreds, which are ander direct administration of the N.ilVD and do not enter the general camp systems. e.g. in the.Aerritory of Donbas, every business venture, every mine, employs prisoners from camp points. This same picture is observed in all of Russia; in _quarriJs, airports, road, and fortification building, etc. Factories which are built near the prisons, utilize prison labor Approved For Release 2001leet: CIA-RDP80-00926A003200020005-1 G ONF IDEI PT /II? OFF Oi FLY ( ? g ? Approvor Release 200270119: EIA-RDP80-00*003200020005-1 the wrought iron furniture company in Odossa). Moreover, there exist a number of work colonies which are designaued for youthful offenders, who after receiving sentence, are subject to special edu- cational measures according to established rules in 'labor colonies of correction for juveniles'. In the central orisons of Odessa and L%harkov, I have seen hundreds of youths between the ages of 7 ( seven) and 16, grouped in separate cells. The degeneracy of these poor creatures is beyond human compre- hension. Each group is under the care Of. a leader picked from the group of criminal offenders, many of which are professional bandits. When minors receive sentence they are placed in labor colonies where they are obliged to work and study under NKVD instructors. In most oases, they leave these colonies as the most tyrannical exponents of the bolshevik system. Many soldiers in the internal detachments of the NKVD are graduates of child labor colonies. They are extremely proud of this. I must add that former inmates of dthese colonies are the most cruel and. ruthless in regard to political prisoners. From the list of camp systems, it is interesting to note the grouping of more than 30 camp points in the.dre#ion of Potma Lan Marijan US), which are for women. ',nether known group of camps for women is in the Akmo in region. There are about 25 camp points which are organized exclusively for 'wives.' The term 'wife' in this case doesn't refer to the marital status of the women, but is a type of offence. The women in these camps belong to the families (mainly wives and daughter) of the Trotskyites that have been sentenced on the strength of Art. 58, par. 1 (dealing with collective responsibility) and. Art. 16 (analogies). Conditions in these camps are a little more bearable since the majority of the prisoners are intelligent and do not tend to harass one another, and. try to make the best of their community life, Approved For Rela5sn6b2/07/24 : CIA-RDP80-00926A00320002.0005-1 COHFIDEUTIAL/US OFFTCIALS ONLY 1 107 - ApprovakorRelease 2002/07/24: CIA-RDP80-090A003200020005-1 The system of camps near Magadan rates special attention. It holds a few thousand - cripples'. These are prisoners who have lost an arm or a leg as a result of the severe cold in Northern ILolyma and other camps. In the narration, I mentioned only the main ecomomic tasks of the camps. Every camp also handles other tasks which are tied in withuself- dependence such as: farming, livestock breeding, building of. barracks, administration, etc. The listing of camp systems inmthe territories of L;entral sia, and in particular, Northern Liberia, isn't an easy task. It is know, as an example, that Northern biberia is considered off limits, and even native hunters, living in this area, have specifically fixed boundaries beyond which they dare not enter. I am far from being able to dream of the fantastic conjectures on what is being done there. This region is marked with a question mark on the map. I tried to unravel this riddle through questioning hundreds of prisoners, either -xtussian or Polish. I know that this region isn't as deserted as it would seem to be. It is known,tkt that during 1940-3,,a railroad was built there which was to link Murmansk (through archangel and VOrkuta) with the Bering trait* This is only a presumption, but Ance trials to organize a sailing route over the 41rotic Ocean failea, the Loviet authority may have decided to build a railroad for strategic purposes. This would also indicate the building of a railroad branch linking IL Jakuck-Magadan-Ozukczow peninsula-Bering :3trait. One other thing: these territories are the closest - by air - to America, and the aviation activities in these areas is unusually great. Approved For Release 2002/07/24: 03200020005-1 ONFIDENTIAL US OFFICIALS ONLY Approver Release 2002/57aPCIA-RDP80-0092411603200020005-1 ORA2TE2 III Number of 2risoner8 The question is: how many of the USSR citizens that live in camps are prisoners? Publicatione of all types list these numbers variouely and very inaccurately. Generally the numbers given are from 10 to 30 million. Accurate figures can only be given by the 'Gulag'. ne oan'only avail ourselves of arithmetical possibilities, Soviet prisoners inti- mate that during the period of intense Arrest (1966-37) there were more than 40 million prisoners in Aussia. Zais figure is undoubtedly greatly exaggerated, but it isn't less characteristic that Polien prisoners who were deported to Auseia in 1939-.42 were confronted with the st4,tement of gaarde who were proud of the greatneee and might of the USSR to the effect: "Poland has a population of about 35 million while here in the Soviet alliance we have that many prisoners". Let's try to establish, through the use of round figures, the basis of arriving at a sound figure. A camp pointmhas an average of 1,20012 prisoners (my figure is small). zone (otdielenije) averages about 10 camp points, and a camp system is made up of at least 20 zones (again I use conservative naMberel) 1,200 X 10 X 20 = 240,000. .Thie estimate is more than conservative. I know for certain that the system of 1Bezymianlagl had about 300,000 prisoners in 1942, and there were at least 2,000,000 in Lolyma. As a precaution however, let's say that the average system has a population of 250,000. On the map I have indicated. 38 systems. 2he round figure for the camps listed aMounte to 9,500,000 persons! I emphasize: this is only inmthe systems that I know about and that I have proof of-itheir existence. One or the reliable public,J,tions tells of 136 systems giving their names and locatione. If we add to these the Approved For Release Ag8'h24 : CIA-RDP80-00926A003200020005-1 CONFIDENTIAL/US OnICIALS ONLY L / Approve.or Release 2002/07/23499C14-RDP80-0090003200020005-1 hunarede of camps not encompaaaed in a vatem frid the number ofpri- sonars ander inveatigation, it won't be an exaggeration to state that figure of 15,000,000 is a really conservative estimate. Compared to democratic nations, this number in unproportionally high. Let's look at the figures of the 'bourgeois' democratic nations. 0002aY AA). M .eRISuisiLR F TUL4I, U.S.A. 1948 147,000,000 146;976 6,588 152,564 .11 Italy 1938 434980,000 52,018 5,553 57,571 .13 :Switzerland 1938 4,186,000 1,963 382 2,335 *06 France 1931 401835,000 17,699 2,708 20,406 .05 Poland 1938 34,500000 62,367 5,641 68,008 .1,9 USSR 194,000,000 - 15,000,000 7.73 Biery 13th citizen of the USSR is a prisoners And that is the truth:1i Approved For Release 2002 0926A003200020005-1 ? CONFIpENTIAL/US ICIALS ONLY ILLEGIB - 110 - Approvilior Release 2002/07/24: CIA-RDP80-00*003200020005-1 2.141T VI ? QUNULUI-;ION The goal of the communists is to cause a revolution and to create a world organization based on communistic ideology. %;ommunists under the banner of Trotsky, as well as those under talin, are striving for that goal. They believe that the end result of the war between oommunisql and democracy will be the reign of communism over the world. Together with this communistic ideology, the communist laws will be enforced. have shoNn you what these laws are, as they are on paper, and az. they are in practice. If they appeal to anyone let them support communism, let them fight for the realization of a paradise on earth. \Ki 11 IA ?""kk. ? /1 25X1A Approved For Release 2002/07 Va-RDP80-00926A003200020005-1 NFIDENTIAL US () FICIALS ONLY