Soviet Justice

Manawatu Times, Volume 61, Issue 11, 14 January 1936, Page 10

Soviet Justice

CLASS WORKS FOR CLASS “The Soviet Court of Law is a class court of the working class; it furthers the policy of the working class—of thr Communist party. It does tho will of tho working class State —of the proletarian dictatorship. It decides all questions brought beforo it from the point of view of tho interests of the working class and the proletarian dictatorship. ’ ’ “ x a 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 tho Government.”

These ar) passages from a reeentlypumished Soviet text book on law, wru. by tho Chief Attorney of the G.S.S.R., Vishinsky (writes Michel De 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 tho working of Soviet justice; therefore the world at largo knows little if anything at all about the true position. Iu 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 tk° Congress of Soviet Jurists in 1934. The Attorney Vishinsky agreed, saying: “In our juridical body there are very serious ailments.” But, as tho president of the Gorky District Couri pointed rut, “at every congress, yea; in and year out, we say tho same thing, but the cart is still ou tnc 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 foi all” (tho formula of Russian pre-re-volutionary justice), but to servo 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 litue general culture. In order to raise their education standard, the Commissariat of Justice brought in last year the so-called “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 base qualifications for a judge is strict party adherence, and there are hardy any non-party judges in Russia. In the Supremo 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 ti 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 as 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 r be considered politically incorrect. He is, therefore, completely dependent on the local administration. That is why in order to avoid possible trouble judges go to local party executives before passing any important judgements.

Nepotism Rampant. The Soviet Press often relates cases of most shameful influencing by local authorities. Sometimes judges and attorneys are 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 severe as possible. No wonder that in the eyes of both the people and .the Administration judges and justice are treated with contempt; hence the low material conditions. Salaries are small, allowances for stationery and postage are miserable, aud housing terrible. ‘Sovetskaya Justizia,’ official organ of the Communissariat of Public Justice, in its No. 5 of 1935, publishes a letter containing the following passage: —"The People’s Court Number 7 of tho Krasnaya Presnya district iu 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. Tho 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 men, judges are expected to take part in 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 judges 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, aud hooligans. Quite recently, in the Mordovian A.S.S.A., four judges were dismissed, one of them for drinking with defendants, another one for drinking and for hooligan 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 aro appointed by the central government bodies. Judges in People’s Courts are assisted by assessors nominated also by trade organisations, with whom the judges in the People’s Courts arc 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 1,0 know. When the court adjourned for deliberation, the cleaner continued her sweeping and later was called to sign the verdict. The same article relates many other similar incidents. Written verdicts give a Jot of space to'all sorts'of political arguments on general lines, and very little to the actual evidence in the 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.R., Soltz said: “All is very, very bad; only black injustice nestle? in Soviet Courts.’ ’