In accordance with the ancient Petrine tradition, these decrees always put in an appearance as the most important element in all our legislation, but without any comprehension of or reference to the whole of our previous legislation. Learned jurists were supposed to coordinate the branches of the law, but they were not particularly energetic at it, nor particularly successful either.
This steady pulse of decrees led to a curious national pattern of violations and crimes. One could easily recognize that neither burglary, nor murder, nor samogon distilling, nor rape ever seemed to occur at random intervals or in random places throughout the country as a result of human weakness, lust, or failure to control one’s passions. By no means! One detected, instead, a surprising unanimity and monotony in the crimes committed. The entire Soviet Union would be in a turmoil of rape alone, or murder alone, or samogon distilling alone, each in its turn—in sensitive reaction to the latest government decree. Each particular crime or violation seemed somehow to be playing into the hands of the latest decree so that it would disappear from the scene that much faster! At that precise moment, the particular crime which had just been foreseen, and for which wise new legislation had just provided stricter punishment, would explode simultaneously everywhere.
The Decree on the militarization of railroads crowded the military tribunals with the women and adolescents who did most of the work on the railroads during the war years and who, having received no barracks training beforehand, were those mostly involved in delays and violations. The Decree on Failure to Fulfill the Obligatory Norm of Labor Days greatly simplified the procedure for removing from the scene those collective farmers who were dissatisfied with receiving for their labor mere “labor day” points in the farm account books and wanted produce instead. Whereas previously their cases had required a trial, based on the article of the Code relating to “economic counterrevolution,” now it was enough to produce a collective farm decree confirmed by the District Executive Committee. And even then these collective farmers, although they were sent into exile, must have been relieved to know that they were not listed as enemies of the people. The obligatory norm of “labor days” was different in different areas, the easiest of all being among the peoples of the Caucasus—seventy-five “labor days” a year; but despite that, many of them were also sent off to Krasnoyarsk Province for eight years.
As we have said, we are not going to go into a lengthy and lavish examination of the waves of nonpolitical offenders and common criminals. But, having reached 1947, we cannot remain silent about one of the most grandiose of Stalin’s decrees. We have already mentioned the famous law of “Seven-Eight” or “Seven-eighths,” on the basis of which they arrested people right and left—for taking a stalk of grain, a cucumber, two small potatoes, a chip of wood, a spool of thread—all of whom got ten years. [48] 46. In the actual documents of the “spool of thread” case, they wrote down “200 meters of sewing material.” The fact remains that they were ashamed to write “a spool of thread.”
But the requirements of the times, as Stalin understood them, had changed, and the tenner, which had seemed adequate on the eve of a terrible war, seemed now, in the wake of a world-wide historical victory, inadequate. And so again, in complete disregard of the Code, and totally overlooking the fact that many different articles and decrees on the subject of thefts and robberies already existed, on June 4, 1947, a decree was issued which outdid them all. It was instantly christened “Four-sixths” by the undismayed prisoners.
The advantages of the new decree lay first of all in its newness. From the very moment it appeared, a torrent of the crimes it specified would be bound to burst forth, thereby providing an abundant wave of newly sentenced prisoners. But it offered an even greater advantage in prison terms. If a young girl sent into the fields to get a few ears of grain took along two friends for company (“an organized gang”) or some twelve-year-old youngsters went after cucumbers or apples, they were liable to get twenty years in camp. In factories, the maximum sentence was raised to twenty-five years. (This sentence, called the quarter, had been introduced a few days earlier to replace the death penalty, which had been abolished as a humane act.) [49] 47. And the death penalty itself was kept veiled for a brief period only; the veil was removed, amid a show of bared fangs, two and a half years later—in January, 1950.
And then, at long last, an ancient shortcoming of the law was corrected. Previously the only failure to make a denunciation which qualified as a crime against the state had been in connection with political offenses. But now simple failure to report the theft of state or collective farm property earned three years of camp or seven years of exile.
In the years immediately following this decree, whole “divisions” from the countryside and the cities were sent off to cultivate the islands of Gulag in place of the natives who had died off there. True, these waves were processed through the police and the ordinary courts, and did not clog the channels of State Security, which, even without them, were overstrained in the postwar years.
Stalin’s new line, suggesting that it was necessary, in the wake of the victory over fascism, to jail more people more energetically and for longer terms than ever before, had immediate repercussions, of course, on political prisoners.
The year 1948-1949, notable throughout Soviet public life for intensified persecution and vigilance, was marked by one tragicomedy hitherto unheard of even in Stalinist antijustice—that of the repeaters.
That is what, in the language of Gulag, they called those still undestroyed unfortunates of 1937 vintage, who had succeeded in surviving ten impossible, unendurable years, and who in 1947-1948, had timidly stepped forth onto the land of freedom… worn out, broken in health, but hoping to live out in peace what little of their lives remained. But some sort of savage fantasy (or stubborn malice, or unsated vengeance) pushed the Victorious Generalissimo into issuing the order to arrest all those cripples over again, without any new charges! It was even disadvantageous, both economically and politically, to clog the meat grinder with its own refuse. But Stalin issued the order anyway. Here was a case in which a historical personality simply behaved capriciously toward historical necessity.
And so it was necessary to take all of them though they had hardly had a chance to attach themselves to new places or new families. They were rounded up with much the same weary indolence they themselves now returned with. They knew beforehand the whole way of the cross ahead. They did not ask “What for?” And they did not say to their families: “I’ll be back.” They put on their shabbiest rags, poured some makhorka into their camp tobacco pouches, and went off to sign the deposition. (Only one question: “Are you the one who was in prison?” “Yes.” “Take ten more.”)
At this point the Autocrat decided it wasn’t enough to arrest just those who had survived since 1937! What about the children of his sworn enemies? They, too, must be imprisoned! They were growing up, and they might have notions of vengeance. (He may have had a heavy dinner and had a nightmare about those children.) They went through the lists,-looked around, and arrested children—but not very many. They arrested the children of the purged army commanders, but not all the children of Trotskyites. And so the wave of the vengeful children came into being. (Among such children were seventeen-year-old Lena Kosaryeva and thirty-five-year-old Yelena Rakovskaya.)
Читать дальше