SOVIET COURTS OF HONOR

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80-00926A003600020007-5
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 6
• Document Creation Date: December 14, 2016
• Document Release Date: April 15, 2002
• Sequence Number: 7
• Publication Date: June 23, 1951
• Content Type: REPORT

COUNTRY
USSR
266'
ApprovaM-1P2TaiPeN26EAWF2b03600020007-5
CENTRAL INTELLIGENCE AGENCY REPORT NO.
I N FORMATION REPORT
SUBJECT Soviet Courts of Honor
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2
CD ,NO.
DATE DISTR. 4.3 Jun 51
NO. OF PAGES 6
NO. OF ENCLS.
(LISTED BELOW)
SUPPLEMENT TO
REPORT NO.
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Courts of honor are formed for the purpose of preservang and protecting the dignity
and honor of all officers. It is their function to pass judgment on all offensea
unworthy of the calling of an officer, of acts which are a violation of the
military code of honor, or of those acts which are inoompatible with morality.
The decision whether a given case should come under the jurisdiction of a court
of honor comes under the authority of the officer in oharge of the court.
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2. Courts of honor are formed in the following unitsg
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(a) In the regimeat2 on battleships; and in other separate military units
for the consideration of cases involving junior officers;
(b) At the administration headquarters of divisions and separate brigades
for the consideration of cases involving senior officers connected
with division units or units of separate brigades; with the exception of
regimental commanders and those of equivalent rank;
I
At the adminiatration headquarters of ships company; at commands
corresponding to them and higher; and at the administration headquarters
of nava?. bases and naval districts -- for t4o consideration of cases
invo1ving junior officers and individual senior offiaers with the excep?
o
tion of commodores and naval captains and officers of corresponding rank.
0 Courts of honor for junior officers and separate courts of honor for senior
officers are organized as followsg
(a) At the administration headquarters of corpse armies; military districts;
amy graaps; eats; and flotillas;
(b) At military academies;
(0)
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Cc) At military establishments and institutions such as military
commiseariatss hospitals warehouses, etc
(d) At the main and central directorates of the Ministry of Armed Forces of
the USSR.
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Cases involving regimental, commanderss commodores and naval captains and officers
of similar rank are tried in courts of honor organized at the headquarters of the
commander of a military districts army groups fleet commanders or flotilla commander,
In the cases of separate troop units district military administrations, army
group administrations military institutionss and estaoliShments as well as in-
stitutionss establishmentss and administrations connected with fleets and flotillass
courts of honor are organized depending on the number of officers belonging to them?
The decision as to whether the officer complement of such organizations is
adequate or sufficiently large to warrant a court of honor is made by the commander
of the forces of a given military districts army groups or fleet or flotilla
commander. The troop commander of a military district, army groups or the
commander of a fleet or flotilla has the authority to turn over cases involving
officers of those unitss (establishments and institutions), districts, army
groupss fleets and flotillas which do not have courts of honor (because of the
Small number of officers belonging) to other courts of honors
Courts of honor for junior and senior officers with the main and central direc-
torates of the Ministry of Armed Forces are organized depending on the number of
officers attached to such units. The decision as to whether the officer membership
of a given organiztion is sufficiently large is made by the official in charge of
the given directorates.
Courts of honor for trying cases of junior officers consist of five members
selected at a meeting of all officers belonging to the given unit (battleships
ships company, and commands corresponding to them and higher). Officers eligible
for thi duty are senior officers (with the exception of individual unit
commanderss and ship commanders) and captains or lieutenant commanders ho had
served not less than one year at the time of the selection of judges for the
court panel. At least one senior officer should be elected to the court which is
organized to try junior officers.
The court of honor for trying cases involving senior officers likewise consiete
of five membera? These judges are selected from among the senior officers of the
division (of an individual brigade)s ships companys or commands corresponding
to thems and higher commands.
In addition to the five members mentioneds each court of honor has two alternate
members. One member is selected to the court panel frem among the senior officers
of the individual unit of the divisions separate brigades or shipwhich was not
represented on the court panel. Such spare members are included in the court
panel in trying a case involving an officer of his awn unit or vessels They also
take the place of some other regular court member who might have been detached.
The letup? is to have five members available for court duty at all times?
10. Courts of honor for trying regiMental commanders, naval, commodores and captains,
and officersof equivalent rank consist of five members appointed by miletary
district commandants, army group commanderss fleet and flotilla commanders. Such
a panel of judges is appointed anew for trying each new ?see. In such cases the
members of the court of honor consist of commanders of large unite with the
exception of those whoare directly superior to the officer on trial, Officers
who are under investigations or those mho are being tried are not eligible to
membership on the court panel. Members to the court are elected by secret vote,
Each electing officer has the right to nominate a candidates or voice objection to
any candidate. Objection to a given candidate is expressed by open vote. The
seven candidates who receive the greatest number of votes became members of the
court -- the two having the least number being the spare members,
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U. The president of the court and his deputy are elected by open vote. Elections to
the court of honor are held annually, the time of such elections being designated
by the cammandant of a military district, army group commander, fleet or
flotilla commanders. Officers who had served previously on a court of honor are
eligible for reelection to such duty.
12. The time when elected members are to convene for duty:, and the results of their
findings are published as follows:
(a) Trials involving junior officers -- in an order for the unit or in the
ships order of the days
(b) Trials involving senior officers -- in an order for the division, ships
company, and to equivalent units and larger unite.
13. If the members of a court panel are detached from a given unit, or if they are
recalled by the electing body, new elections are held. Consideration of a given
case should always be preceded by an inquiry into the, acts committed by the
accused. The inquiry is conducted by an officer appointed by the official head
under whose administration the court is held. The investigational procedures are
in accordance with regulations set forth for conducting such investigations.
Persons who are liable to disciplinary action and witnesses necessary to conduct
a given investigation are summoned by an order issued by the commander under
whose administration a given court of honor comes. Upon reviewing the evidence
available, the commander decides whether the accused should be turned over to the
court for trial. If he decides that the case must be tried, he turns it over to
the president of the court.
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After the matter has been turned over to the court of honor, the accused is
presented with the findings of the investigation. He has the right to ask the
president of the court to summon additional witnesses and may ask that documents
and statements be made available. In valid cases the president of the court may
permit such procedures if not he issues his decision indicating the basis for hie
refusal.
16. As a rules the courts are held in open session and may be attended by officers
whose rank is below that of the person being tried. The function of the court is
to consider all the information bearing on the cases summoning the accused,
hearing his testimony and checking the veracity of his statements?
17. If the accused cannot show good cause (why he shouldnet be tried) the court
considers the evidence against him and passes sentence after the defendant has
been removed from the courtroom. Failure on the part of the accused to appear
before the court constitutes an additional charge. The accused may challenge
some member of the courts by the same token, members of the. court may recuse
themselves from participation in the court. After hearing the explanations the
court decides whether the recusation is valid or net. The court member against
whom the objection. has been raised cannot take part in the decision. The
decision of the court of honor with regard to the recusation is set forth in a
special decree which is annexed to the judgment of the court. In order to pees
sentence, the court indicate e that the session is terminated and the members
retire to a separate chamber. If any pertinent evidence is found inthe Informa-
tion presented, the court adjourns without fixing the eentence. The sentence
Of the court is determined by majority vote openly conducted.
18. The court is empowered to:
(a) vindicate the defendant,
(b) admonish him,
(c) issue mild reprimands or offer suggestions,
(d) issue stern reprimands
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petition that the promotion et the defendant to the next higher rank
postponeds
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petition that the accused be demoted in rank or poaitions
petition that the aecused be transferred to eume other milita.ry dietrices
fleets or flotillas
(h) peeltion that the accused be transferred to tee reserve corps.
. adition to the foregoing the courts of honor in the elite (guard) unite can
tees step o to deprive the guilty of his elite rank and have him transferred from
the unit. The sentence of the court is signed by the president of the court and
by all its members0 it is then read to the defendant and passed on to the
'ffiaal who called for the trial in the form of a report along with all the
incleeures.
200 Grievances against the judgment of the court of honor ara eee permissible. They
are allawable only in, the event that certain laws set forth for the courts have
been violated. The complaint is given directly to the cffieial who sanctioned the
court and must be presented within three days after seatense has been passed on tbe
defendant. If the official finds the grievance justs ors if upon personally re-
viewing the case he find e that there ha e been a violation of established regaletions he has the authority to rescind the sentence and order the president of the
court to iorm a new court of honor; he will admonish that all establishment regula-
tions be observed.
,I. In the event sentence has been passed to demote the accused officers oe to
remove him to a lesser stations to transfer him to same other military dietriets
fleets or flotillas to ha' e him removed from the elite units or to release him
te the reserve corp30 tie official under whose authority the trial, elee carried
out eabnits the po eeiee with the inclosure on the original sentences togethee
with all the Sere -ee cases through channels to the higher cemmand. The
seetence of (-e after it has been reviewed by the official ander veoee
1sdtotioe.- ,euet was helds can be announced to tne junior officers at a
c) e:o ,el_eers. it is announced to the seni2r officer: at a epeet.al
ree'lne, call:ecg 4r-Ti tegeeer.
22. Offieeee eourto el hener have been in effect only during the postwar period.
The main fenetion of euch courts is to promote better discipline among the
officer e; it is supped to improve their morale when they lose their bearings; or
they 'vi ebe eeles of good order and good discipline in the army.
On the basis of the past it can be eonellelad that officer courts of horeer ere of
en exhibitery natures that ies they war- - ppoaed to have an effect on he merale
of the defend:levee Wheee7er an offieen: eeart of benor was held in
an order wa$ !reseed that attendance at such a court was mandatory th,, pert e
ell officere thet enio (that is lfl, officers whose rank w s e:
greater than that of the deferJaeet). This is ?explained by the e:eet tee:: the
ceenaed elements of that enkt dii not desire to punish the accused officer by
t' e'ee,e-eet punitive meeeuress namelys of turning him eer -^4 the
240 teied-se.e Tear teibume., eeane to be subjected to a very reell rurelehment
ILI eetreme CC,egraee. .:.olds true not only for the officer euseds but to.
unit aa wele. feea1 by a war tribunal results from the feet that; ether
were eet ic.ght 'D bear on the officers and from the eeze Leaet Prior
to the commission ol a eertain act on the part of an offieeo ieeeffieiee,
was exerted upon him by his brether offices among wbem he eeree,I. Thiss oeens
is the reason why being tried by a military tribunal ie a diegelee to all he
personnel of the unit in which he served. It means thet
eeer initwee of en exeeptionally low order.
?
eeet
lent li
'ficer courts of eetee eeoid ineeaneee
ee purpese of decreaeieg the number of eases of
e. e!litary tribunale 0
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26. Apart from the foregoings there have been numerous instances of improper behaviors
poor discipline and violations of all types on the part of officers during 'the
postwar period. It would 'have been impossible for all such cases to have been
tried by the war tribunal. It was necessary that certain of its functions be
performed by the courts of honor. By the way of summary it should. be mentioned
that although the officer courts of honorin the Soviet Army were an innovation
in the post war period in the matter of properly guiding the officer personnels
they did not, neverthelesss prove themselves in practice.
270 This is explained by the following facts
(a) We must remember that the psychologys practice,, customs or order
(call it what you may) which prevails within the Soviet Army is to
convert any measure -- if it is a new device -- into a campaigns
That is, everything which appears for the nest time is given the
greatest possible importance or significance. The same held true for
these officer courts of honor0 when the regulation about these courts
first waS issued s everyone talked about the measure. A great deal of.
importance was attributed to them and this talk was simply developed
into a sort of campaign. After a certain period of times the excitement,
died downs and less importance was attached to them (as had been true
of all other similar measures in the past).
In order that the officer courts of honor bc at all significant or
important, it was essential that a code of laws be set up clearly
defining their authority that iss set forth the limits within which
they can pronounce sentences on officers brought before them. At the
present time their greatest authority consists in demoting an officer
or relegating him to a post of lesser importances and prolonging the
period until his next promotion. All the other prerogatives of the
court are mere formalities and have absolutely no effect upon the
officer personnel. Another situation peculiar to these officer courts
of honor consists in the fact that their members are not always interested
in adopting the most severe measures against the defendant -- this is
one of its weak points. Then again the main purpose of these courts
is to act as a guiding body to the officer personnel.
If the officer courts of honor adopt the sternest possible measures
against the accused -- measures which are entirely- within their juria-
diction -- such judgments are passed along by official ohannele to the
attention of the commanding officials under whose cognizance such, courts
pass.
(b)
(c)
28. Let us assume that the court has adopted a decision e- the sternest decision
Possible within it per,,,, namelys that of demoting an officer and relegating him
to a lesser station -- and this decision has been passed along through the follow-
ing channels g to the regiments to the divisions and to the Central Army Group.
The results may have been somewhat as follows g the regimental commander was
satisfied with the decision of the courts because the court was under his direct
cognizance the decision then passes along to the division commanders whoa in
tarns is likewise in accord with it because he wants eo support the attitude ef
the regimental commander and the authority of the court in the matter of upholding
or promoting good discipline amrng the officer personnel in this rnit. In
additions he sipporte the aetion of the court because the officers after ells is
directly a member of his organization and the commander is interested in pre-
venting the accesed officer from becoming the subject of disciplinary action (by
the tar tribunal).
29. Finallys the case comes before the attention of the commanding officer of the
Central Army Groups who considers it on the basis of the better interests of the
entire army group. He is more Dilly apprised with regard to conditions prevailing
among the officer personnel in the army' group at any given times and decides
therefores not to approve of the decision. In consequence of this actions the
entire campaigns if you wills has gone for naught -- the etatemantswitn respect
to the effectiveness of the officer courts of honor heve lost all aignifieance.
Td be sures the example I Keve cited is the exception rather than the rule. They
seem to occur whenever the courts express their authoritya that is when they
adopt the sternest measures within their jurisdiction,
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30. The work of the officer members of the court constitutes extra duty and takes
up great of the officers personal time. He still has to perform those
specific duties which had been assigned to him. It frequently happens that the
member of the court has to spend a great amount of time in court work, and is,
thereforea less effective to the unit.
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31. In actual practice, things like officer courts of honor first assume the aspects
of a campaign -- everyone is enthusiastic about the new procedure -- but shortly
after there is failure to abide by established regulations governing such
procedures. Let us just assume a simple thing like the election of officers to
the panel of the court of honor. Such elections are supposed to be held annually,
but in practice they are not held in accordance with schedule. Certain members
of the court are detached from the unit for one or another reason and supple-
mentary elections are not held. As a result, the court ceases to be an
authoritative body, that is, it loses its rights. As time goes on the court does
less and less work. The shortcomings which I have listed are not necessarily
the prevailing rule that can be applied to all courtsa but there are very many
instances of this sort. The fact is that they possess more disadvantages than
advantages.
32. Generally speaking, the authority of the officer courts of honor in the practical
life of the forces of the Soviet Amy is insufficient to cope with the many tasks
which devolve upon them.
334 There are many deficiencies in the direct activities or functions of the court.
Prior to the elections of new members to the court panela the old board renders
a report of its activities to the assembled officers of the unit. These reports
usually indicate that the performance of the court has been poor. The court
does not function in a regular manner -- it operates by jerksa so to speak.
Then they finally begin to functiona they try several violators (officers) without
interruption because the number of trangressors has increased in the meantime.
Such a situation is undesirable from the standpoint of the command elements of
any echelon. Since this is carrying things to an extreme (and imposes on the
officers time for other duties) the court is suspended.
34. There is another situation peculiar to these officer courts-of honor. Six
months after a sentence has been imposed on a given officera he has the right to
Odbmit a petition to have the judgment of the court rescinded; the courta as a
rulea complies with the petition and recalls its decision. We can assume that in
principle, the officer who had been penalized, has now been vindicated. Some other
officer may observe this and will lose his respect for the court thinking, 'That
if they do try youa after all, won't they soon rescind their deCision?"
35, However singular it may seem, it is a fact, neverthelessa that in electing
candidates to the court of honor there are, on occasiona insufficient adequate
candidates eligible for membership on the court panel. I am thinking now of
officers whose conduct has been of a sufficiently exemplary nature to enable than
to be members of the court and pass judgment on others.
360 As far as the observance of official or established procedure is concerned in
holding such courtsa it must be mentioned all the regulations set forth are
adhered to; all the rules governing the election of members to courts of honor
are properly observed. In exercising the right of secret voting no fraud is
practiced. Of coursea the influence of the commanding officer who authorized the
court is effective on the members of the panel. In facta his influence may even
effect their decision.
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