Publicising information from 1938 “would threaten Russia’s security”

As reported before, the Tula Region Court has ruled that it is lawful to restrict access by researchers and the public to the minutes of the Special Troika, the body responsible during the last stages of the Great Terror (1937-1938) for sentencing hundreds to death without investigation or trial.

The text of this ruling, writes Sergei Prudovsky, makes the following assertions:

1. “The date for applying for access has expired …” This statement is incorrect both in terms of the law and the circumstances of the cases;

2. Releasing such information would pose “a threat to the security of the Russian State, to its constitutional system and to the morality, health, rights and legal interests of other persons”;

3. Releasing such information falls under the “ban on spreading information that: [a] could promote war; [b] might incite ethnic, racial or religious hatred and enmity; or [c] is liable to punishment with fines or imprisonment”.

An appeal against this “nonsense” will be submitted before the legally-established deadline by defence attorney Andrei Fedorkov and Memorial lawyer Natalya Sekretaryova.

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During the Great Terror almost nine thousand people were arrested in the Tula Region: 7,678 were condemned to be shot (2,195) or sent to the Gulag (5,484) on the orders of the regional troika established in October 1937 and the two-man commission or dvoika in Moscow (see the Tula Memorial Society’s website, “The Regional NKVD troika” [R]). Finally, to deal with the backlog of tens of thousands arrested across the USSR, “Special” Troikas were set up in September 1938 in the USSR’s Regions and Republics.

(For a more detailed account of the operation of these three extra-judicial bodies and the charges laid against their victims, see the evidence compiled in Karelia over the past thirty years.)

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“It’s effing unbelievable” (Prudovsky)

The proceedings at today’s hearing of the Supreme Court effectively placed NKVD officers who had engaged in torture during the Great Terror on the same footing as the officers of today’s FSB, entitling them to the same degree of confidentiality regarding their identity (see “Judges” and Executioners, pt 2).

That was the discouraging conclusion of the Court after hearing Prudovsky’s arguments and statements from the Prosecutor-General’s Office and the Federal Security Service (FSB).

Lawyer Marina Agaltsova and plaintiff Sergei Prudovsky (photo Tatyana Britskaya, NG)

Commenting on this result, Prudovsky said, “It’s not healthy to name such names in today’s Russia but I shall go on doing so …”

Prudovsky outside doors of the Supreme Court (photo Tatyana Britskaya, NG)

For a full report, see Novaya gazeta, 8 December 2021 [R]

The following day Sergei Prudovsky added the following comment on Facebook, employing a mild expletive to express his frustration and disbelief at the ruling of the highest court in the land:

“In short, the Supreme Court equated the work methods of the NKVD with those of the FSB and acknowledged NKVD operatives as FSB officers. It’s effing unbelievable.”

Sergei Prudovsky vs. the FSB

Whilst we wait for the Supreme Court to continue its hearing of the case against the Memorial Society, and to decide whether it will make any response to Yury DMITRIEV’s appeal (19 October 2021), the court will today consider the case brought against the FSB by researcher Sergei Prudovsky.

Thwarted by the Tula and Ivanovo Region departments of the FSB in his pursuit of access to files and names from 80 years ago, Prudovsky is demanding a clear response to two questions:

  • Does the FSB consider itself the successor to the Stalin-era NKVD?
  • Can it lawfully conceal the identity of those NKVD officers who carried out the Great Terror in 1937-1938?

He will be supported in court by Memorial lawyer Marina Agaltsova.

Sergei B. Prudovsky and Memorial Society casefiles

Exactly a year ago the judicial board of the First Appeal Court (Central Region) ruled that the rank, title, surname and signatures of the Moscow Region’s NKVD officers at the time were a State Secret. This was specifically in reference to officers Yakubovich, Sorokin and Wolfson who had fabricated criminal charges, and used unlawful means (application of force and brutality) in the conduct of their investigations. They were subsequently convicted of such behaviour and had not since been rehabilitated.

I wonder, Prudovsky added then: could this decision itself be qualified under Article 316 of the RF Criminal Code, “Concealment of a crime”?

JC

Deported, Rearrested, Imprisoned, Shot

The information gathered in the 1990s in Russia’s Books of Remembrance about “victims of political repression” mainly derives from the records of the Soviet police and security services.

Even that thin evidence provides glimpses of human suffering that are shocking both in scale and persistence. These examples from the 1930s begin with the forced collectivization of agriculture and end with the Great Terror.

SHOT

Andrian Avdeyenko, an independent peasant farmer, was shot in 1931 (aged 29). He was born and worked in the Yedogon village, Irkutsk Region. Arrested in April 1930, he was charged under Article 58 with “armed uprising” and “the organisation of counter-revolutionary activities”. The OGPU troika sentenced him to death and on 22 January 1931 Avdeyenko was shot in Irkutsk.

Daniil A. Yepifantsev (1889-1933 shot) did not resist collectivization and joined a collective farm (kolkhoz). Nevertheless, he was arrested in 1932 and shot the next year, leaving behind a 41-year-old wife and seven children aged 2-17.

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