SOVIET JUSTICE

Evening Star, Issue 22229, 6 January 1936, Page 10

SOVIET JUSTICE

" The Soviet Court of Law is a class 'court of the working class; it furthers the policy of the working class—of the Communist party. It does the will of the working class State —of the proletarian dictatorship. It decides all questions brought before it from the point of view of the interests of the working class and the proletarian dictatorship.” “ The task of a judge is not to apply law according to judicial logic, but to apply law as an expression of the policy of the party and of the Government.” These are passages from a recentlypublished Soviet text book on law, written by the Chief Attorney of the U.S.S.R., Vishinsky (writes Michel Do Kartzoff, in the ‘ Sydney, Morning Herald ’). Soviet propaganda tells of the “ people’s court ” in glowing terms. Casual visitors to Russia are unable to study the working of Soviet justice; therefore the world at large knows little if anything at all about the true position. In reality this most important branch of social life of Russia is in an appalling state. < “ The structure of Soviet justice must be altered from top to bottom,” said the president of the Supreme Court of the U.S.S.R., Vinokourov, at the Congress of Soviet Jurists in 1934. The Attorney Vishinsky agreed, saying: “ In our juridical body there are very serious ailments.” But, as the president of the Gorky District Court pointed out, " at every congress, year in and year out, we say the same thing, .but the cart is still on the same place, and if it moves at all it is rather backwards than forwards.”

The ailments of Soviet justice are embedded in its system, of which the basis is to serve not the ends of “ justice fair, lenient, and equal for all ” (the formula of Russian pre-revolutionary justice), but to serve party purposes. Soviet law does not demand any educational standard from judges. More than half of the present judges have absolutely no legal knowledge and little general culture. In order to raise their education standard, the Commissariat of Justice brought in last year the socalled “juridical minimum,” and _ all judges were ordered to pass examinations and to satisfy this minimum not later than April 15. 1935. In practice, however, it was discovered that there were not enough text books, so that now this minimum standard has passed into oblivion.

The basic qualifications for a judge is strict party adherence, and there are hardly any non-party judges in Russia. In the Supreme Court they are all party men; in the district courts there are only 4 per cent, non-party judges, and in the people’s courts 5 to 6 per cent. “ The Soviet judge must consider not so much the law as the ‘ general line ’ of the party. If these two clash the Soviet judge must have neither doubt nor hesitation ns to his actions — he must put aside law and obey the dictates of the party.” \ The judge is responsible to the local party organs for every verdict which may be considered politically incorrect. He is, therefore, completely dependent on the local administration. That is whv in order to avoid possible trouble judges go to local party executives before passing any important judgments. NEPOTISM RAMPANT, The Soviet Press often relates cases of most_ shameful influencing by local authorities. Sometimes judges and attorneys are j requested not to prosecute or to release people who may be friends of the local party secretary, no matter how serious the offence. At other times the request is to be as severe as possible. No wonder that in the eyes of both the people _ and the Administration judges find justice are treated with contempt ; hence the low material conditions. Salaries are small, allowances for stationery and postage are miserable. and housing terrible. ‘ Sovetskaya Justizia,’ official organ of the Commissariat of Public Justice, in its_ No. 5 of 1935, publishes a letter containing the ..following passage:— “The People’s Court Number 7 of the Krasnaya Presnya district in Moscow is housed in a former stable. This is an old, dilapidated, wooden building. The roof is leaky, and the walls are wet and cracked. The cold wind gets in through the broken foundation and walls. The stoves don’t give any warmth, only smoke, which inconvenience the court officials and the parties. All work with coats, hats, and gloves on. Water freezes in the jugs. All the officials were down with influenza.’’/ This is a court in one of the most important districts of the capital. It may be imagined how things are in the province. Every number of “ Sovetskaya Justizia ” contains complaints. Being party mfen, judges are expected‘to take part Tn all sorts of activities outside their work, such as campaigns _of placing Government bonds, sowing and harvesting campaigns, and dozens of others. The subordinate position of judges, their miserly salaries, the continual harassing, and the perpetual threat of displeasing the powers that be, make the job of Soviet judge an unenviable one indeed. That is why most of the judicial posts are held by men and women of low moral standard, with no ambition or pride, who have nothing better to do.

The Soviet Press often relates cases of drunken judges, of bullies, and hooligans. Quite recently, in the Mordovian A.S.S.R., four judges were_ dismissed, one of them for drinking with defendants, another one for drinking and for hoooligan behaviour, and yet another for “ bringing discredit to the court.” Applicants for the position of Soviet judges are nominated, by trade unions or similar bodies, and endorsed by party committees. Judges of the Supreme Court are appointed by the cen--tral governmental bodies, judges in People’s Courts are assisted by assessors nominated also by trade organisations, with whom the judges in the People’s Courts are passing a sentence. In practice, however, they don’t count much. Often they are made to sign blank sheets, which are afterwards filled in by the judge. Sometimes? if an assessor does not turn up, the judge places in his seat one of the court workmen or a member of the public. Thus, No. 17 of ‘ Sovetskaya Justizia ’ relates a case in which Judge Macarova (a woman) placed, in lieu of a missing assessor, the cleaner of the courthouse. When the cleaner said she knew nothing about justice, Macarova told her she had nothing to know. When the court adjourned for deliberation, the cleaner continued her sweepinp and later was called to sign the verdict. The same article relates many other simTlar incidents.

Written verdicts give a lot of space to all sorts of political arguments on general lines, and very little to the actual evidence in tiie case. The Higher Courts are not much better, even though the practice of appointing judges “ from lath and from the plough ” has apparently been given up. As the Senior Assistant Attorney of U.S.S.Tt., Soltz said; “ All is very, yciy bad; only black injustice nestles in Soviet Courts.”