Saturday, September 28, 2024

"How many years it would take to reveal, direct, and confirm the necessary line, until the defense would stand as one with the prosecution and the court, and the accused would be in agreement with them too, and all the resolutions of the workers as well!"

     "This is an instructive example. Although 'revolutionary legality' won a partial victory, how enormous an effort it required on the part of the presiding judge! How much disorganization, lack of discipline, lack of political consciousness there still was! The prosecution stood firmly with the defense. The convoy guards stuck their noses into something that wasn’t their business in order to send off a protest. Whew, the dictatorship of the proletariat and the new kind of court were not having things easy by any means! Of course, not all the sessions were anything like so turbulent, but this wasn’t the only one of its kind. How many years it would take to reveal, direct, and confirm the necessary line, until the defense would stand as one with the prosecution and the court, and the accused would be in agreement with them too, and all the resolutions of the workers as well!
     "To pursue this enterprise of many years’ duration is the rewarding task of the historian. As for us—how are we to make our way through that rosy mist? Whom are we to ask about it? Those who were shot aren’t talking, and neither are those who have been scattered to the four winds. Even if the defendants, and the lawyers, and the guards, and the spectators have survived, no one will allow us to seek them out.
     "Evidently, the only help we will get is from the prosecution.
     "In this connection, I was given by well-wishers an intact copy of a collection of speeches for the prosecution delivered by that fierce revolutionary, the first People’s Commissar of Military Affairs in the Workers’ and Peasants’ Government, the Commander in Chief, and later the organizer of the Department of Exceptional Courts of the People’s Commissariat of Justice—where the personal rank of tribune was being readied for him, until Lenin vetoed the title—the glorious accuser in the greatest trials, subsequently exposed as the ferocious enemy of the people, N. V. Krylenko. And if, despite everything, we want to attempt a brief review of the public trials, if we are determined to try to get a feeling for the judicial atmosphere of the first post-revolutionary years, then we have to learn to read this Krylenko text. We have no other. And using it as a basis, we must try to picture to ourselves everything that is missing from it and everything that happened in the provinces too.
     "Of course, we would prefer to see the stenographic record of those trials, to listen to the dramatic voices from beyond the grave of those first defendants and those first lawyers, speaking at a time when no one could have foreseen in what implacable sequence all of it would be swallowed up—together with those Revtribunal members as well.
     "However, as Krylenko has explained, for a whole series of technical reasons, 'it was inconvenient to publish the stenographic records[.] It was convenient only to publish his speeches for the prosecution and the sentences handed down by the tribunals, which by that time had already come to jibe completely with the demands of the accuser-prosecutor."

     Aleksandr I. Solzhenitsyn, The Gulag archipelago 1918-1956:  An experiement in literary investigation I-II, trans. Thomas P. Whitney (New York:  Harper & Row, Publishers, 1973, Part I, chap. 8 ("The law as a child"), p. 305-306.

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