NOTES
Confinement And Non-Conformity: An
Overview From Czarist To Soviet Russia
I.
INTRODUCTION
In 1849, the genius writer Fedor Mikhailovich Dostoevsky was arrested for his involvement with a circle of socialist, idealist writers who
were considered to be "dangerous" to the Czarist regime.1 Dostoevsky
experienced eight months imprisonment in St. Petersburg2 He faced
what he believed to be death before a firing squad, only to find his
sentence commuted to four years hard labor in Siberia followed by four
years of military service in the Siberian Army.' Although he was allowed to return in 1858, he was
still subjected to "secret observation"
4
until the final year of his life.
Today in the Soviet Union, both men and women are serving time in
labor camps (officially known as colonies), psychiatric hospitals and
prisons for "parasitism," "anti-Soviet agitation and propaganda" and
other crimes that most Americans find difficult to comprehend.' Each
1. F. DOSTOEVSKY, CRIME AND PUNISHMENT, X (J. Coulson transcript and introduction
by J. Jones 1980). The spelling of the words "Dostoevsky" and "Czar" vary according to
the source.
2. Id. St. Petersburg, Russia was the location of the famous Peter and Paul Fortress.
Id.
3. E. WASIOLEK, DOSTOEVSKY THE MAJOR FICTION 218 (1964). See infra note 30 and
accompanying text.
4. Id. at 219. One theory of this article is that throughout Russian and Soviet history
non-conformists are kept under observation by the governing authorities. See infra introduction and accompanying text of this article.
5. Soviet Jewry Legal Advocacy Center, Anti-Defamation League of B'Nai B'Rith,
American Jewish Congress, Human Rights Program at Harvard Law School, Dissent and
Religious Persecution in the Soviet Union: A Symposium 111-5 (November 16, 1986). See
infra the case of Alexander Ogorodnikov, notes 255-268 and accompanying text. Id. Additional information supplied by Northeast Regional office of Amnesty International,
CRIMINAL AND CIVIL CONFINEMENT
[Vol. 14:2
country has its own system for dealing with what it believes to be its
outcasts. This article is a study in Russian confinement. It will explore
the justifications for confinement, the extent to which confinement
procedures and systems have evolved, and the extent to which history
repeats itself.
This overview will begin with two distinct examples of imprisonment
experiences and servitude in Czarist Russia: 1) Fedor Dostoevsky's Imprisonment; and 2) Sakhalin Island, (Section II).6 The next time period
explored will be the Stalin Era, (Section III) in which many prominent,
talented writers were exiled or forced into labor camps because of nonconformist attitudes.7 Rather than focus on the graphic details of the
prisons during the "Reign of Terror," this article will focus on the "justification" for Stalin's prisons.8 Section IV will be a discussion of the
means of confinement from the Stalin Era to the present, focusing on
A) Labor Colonies and Prisons; B) Special Psychiatric Hospitals; and
C) Post-Stalin Changes in Attitudes and the Law.8
II. CZARIST RUSSIA
A.
Fedor Dostoevsky's Imprisonment
As mentioned in the introduction of this article, the well-known
writer Fedor Mikhailovich Dostoevsky experienced various forms of
confinement during nine years of his life. 10 (This does not include the
constant secret observation he was under)."' This confinement was imposed upon him because of his association with the Petrashevsky Circle.' 2 This group consisted of "liberal thinkers" who congregated together in order to discuss French socialism - especially the theories
Cambridge, Massachusetts.
6. See infra notes 10-64 and accompanying text. This is the first section of the text of
this article after the introduction.
7. See infra notes 65-114 and accompanying text. Non-conformist attitudes also resulted in confinement in the period of Czarist Russia. See infra notes 10-64 in the Czarist Russia section of this article.
8. See infra note 69. Many non-conformist writers were considered a threat to the
Soviet Regime that could be alleviated by some form of confinement. Id.
9. See infra notes 115-269 and accompanying text. The final section of this article
deals with persistent philosophies of confinement along with changes in laws and attitudes. Id.
10. E. WASIOLEK, supra note 3, at 218-19. As mentioned earlier, the end of confinement did not result in complete freedom. See supra note 4 and accompanying text.
11. E.
WASIOLEK,
supra note 3, at 219.
12. F. DOSTOEVSKY, supra note 1, at X. The Petrashevsky Circle was composed of writers, musicians and political theorists, each of whom had a common interest in the French
socialist Petrashevsky because of his unique philosophies. Needless to say, the Czarist
regime did not approve of this circle. Id.
19881
CONFINEMENT IN RUSSIA
espoused by Charles Fourier.13 Although Dostoevsky was enthusiastic
about the utopian ideals of Fourier, he was not an advocate of rebellion
or murder. 14 On April 22, 1849, Czar Nicholas I had already informed
the head of the Third Department of his decision to arrest the thirtyfour Petrashevskyites. 5 Dostoevsky was imprisoned in the Peter and
Paul Fortress.1 6 After his arrest, Dostoevsky was summoned before the
Commission of Inquiry and requested to answer questions about the
Petrashevsky Circle.1 7 His "confession" was honest and noble even to
the point of accepting blame in order to protect others." Even in
prison he stuck to his convictions and confronted his interrogators
about their constant censorship and oppression. 19
20
The inquiry of the Petrashevskyites continued for four months.
When Dostoevsky was confronted with the question of whether or not
he was involved in organizing a secret printing press, he knew that a
"confession" would endanger himself and many others since this act
was revolutionary. 2 Dostoevsky remained silent on this point, even
13. L. GROSSMAN, DOSTOEVSKY: His LIFE AND WORK 105 (1975). Charles Fourier was
also a French socialist admired by and a forerunner of, Petrashevsky. Id.
14. Id. at 155. Dostoevsky stated: "I did take part in discussions on Fourierism, on
serfdom and on military punishments .... I believed in the coming advent of universal
happiness and I shall never cease to believe in it. But I am not guilty of conspiring for a
rebellion and for the murder of the Tsar." Id.
15. L. GROSSMAN, supra note 13, at 139. In a letter to Count Orlov, Tsar Nicholas I
stated: "Start making arrests as you propose, only it would be better to avoid publicity
as a result of the large number of people involved." Id.
16. Id. at 141-42. The Peter and Paul Fortress consisted of austere cells with
whitewashed windows and triple bars. The walls inside the cells were partly covered with
a "furry greenish-black mold." There was also a small slit in the door through which the
guards could observe the prisoners. There was a deep moat between the Peter and Paul
Fortress and the remainder of the island. In the words of Grossman: "No restraints were
imposed on the prison administration, there were no inspections and no controls. It was
tantamount to being buried alive." Id.
17. Id. at 142. The questions Dostoevsky was required to answer are the following: "1)
What was Petrashevsky's character as a man and, in particular, as a political person? 2)
What took place at the gatherings in Petrashevsky's house? 3) Did the Petrashevsky
society have a secret aim?" Id.
18. Id.
19. Id. at 143. According to Leonid Grossman:
Dostoevsky was not afraid to disclose to the Tsarist executioners his own
deep conflict as an artist with the system of Nicholas I. Even while imprisoned in the Peter and Paul Fortress he continued to defend his ardent
young faith in the power of artistic creativity. He protested against the coercion imposed on his ideas by censorship and fought openly for the right
to his own tragic style in Russian literature.
Id.
20. Id.
21. Id. at 155.
CRIMINAL AND CIVIL CONFINEMENT
[Vol. 14:2
though any information he could offer might have mitigated his sentence.2 2 He was further informed that he was required to submit a detailed testimony containing information on the secret society and any
of their plans.2 3 Finally, on November 16, 1849, the inquiry ended and
the supreme reviewing authority of the Auditoriat General was given
the case.2 4 On December 19, twenty-one accused Petrashevskyites were
sentenced to death by firing squad. 5 Although the Auditoriat General
recommended that the sentences be commuted to imprisonment rather
than death, and Czar Nicholas I accepted the recommendation, the accused were allowed to suffer under the belief that they would be executed.2 Dostoevsky was transported to the Semyonovsky Parade
Ground in a black carriage with frosted windows.2 7 As he stood before
the firing squad, his death sentence was reaffirmed.2 8 However, before
the command "Fire" was yelled, an aide-de-camp of the Czar arrived
with a sealed packet containing changes in the sentencing from death
to penal servitude.2 9 Dostoevsky's sentence was commuted to four
years of penal servitude followed by servitude as a soldier. 30
After the sixteenth day of the journey to Siberia to serve his sentence, Dostoevsky reached the temporary prison in Tobolsk - a
32
transit center for convicts.
After Tobolsk, Dostoevsky was sent to Omsk.32 The chief warder,
Drill-Major Krivtsov, used abusive language and threats to control the
prisoners.33 Dostoevsky was dressed as a convict and taken to the sti22. Id. The authorities offered Dostoevsky a mitigated sentence if he would inform
them of the location of the printing press. He refused to do this since it would entail the
disclosure of other members of the conspiracy. Id.
23. Id. at 156. The interrogation proceeded as follows:
You must tell the Commission of Inquiry every single thing that you
know about the secret society ...
you may do so in writing. You will be
given questionnaires when you get back to your cell. If you lie or are obstinate your guilt will only be aggravated. By submitting detailed and complete testimony
. . .
you can still save yourself.
Id. (Dostoevsky refused to save himself at the expense of others).
24. Id. at 157.
25. Id.
26. Id.
27. Id. See infra note 192. The "frosted windows" were also used in Soviet Russia.
28. L. GROSSMAN, supra note 13, at 160.
29. Id. at 162.
30. Id.
31. Id. at 170. Some of the prisoners were even chained to the wall in a way that
inhibited almost all physical movement. Id.
32. Id. at 172. The Governor-General of Western Siberia submitted instructions as to
how Dostoevsky was to be treated: "To be kept in irons and without any privileges." Id.
33. Id. at 173-74.
1988]
CONFINEMENT IN RUSSIA
fling cells.3 4 As if confinement was not enough, the prisoners were also
required to carry out their daily activities in irons. 5 Dostoevsky's daily
activities each involved hard labor.3 s
An interesting attraction of the Omsk prison was the convict theatre.37 On holidays, the prisoners were allowed to perform programs of
vaudeville and comedy in which the male convicts played all roles, female as well as male.38 These performances included set design, a balalaika orchestra and sometimes pantomime and ballet.3 9 The convict
theatre was probably a healthy and creative outlet for the prisoners.
After Dostoevsky was released from the Omsk prison in February
1854, he was enrolled in the Seventh Battalion of the Line in Siberia. 0
34. Id. at 174. The convicts were shaved on one side of their heads and each dressed in
jackets with a yellow patch. They were also required to wear round caps. Grossman describes the cells as being "[I]n a dilapidated building, marked down for demolition, with
rotting floorboards ... fleas, lice and cockroaches .... The bunks were bare shelves.
One tub served everybody as a latrine from dawn till dusk." Id.
35. Id. Dostoevsky was appalled by the bruised and scarred backs of the convicts the result of being beaten with rods. Sometimes the splinters from the rods became enmeshed in their skin. Id.
36. Id. at 177-78. Dostoevsky's jobs consisted of firing bricks in the factory, unloading
barges in icy water, transporting heavy materials for construction work and sharpening
tools in the workshop. This "hard labour" was made increasingly difficult due to the
unbearable cold and harsh surroundings. Id. According to a Tsarist historian:
It is amazing that the writer did not die there. The attitude of prison
administrations in those days was that a prison should be a place of nothing
but deprivation and suffering. If the prison administration had been able to
stick to its attitude consistently, the cemetery of the living would have become a cemetery of the dead. But the prisoners' instinct for self-preservation would not allow this. A persistent struggle for existence went on in
prisons and punishment companies.
Id.
37. Id. at 178-79. Dostoevsky was impressed with the convict theatre. Grossman describes Dostoevsky's opinion of the theatre: "These obscure stages, Dostoevsky said, are
the source of 'our folk dramatic art' and deserving of special study." Id.
38. Id. Later in his life, Dostoevsky wrote a book about convict life in which he drew
from his own experiences. Describing the strength of character of some of the convicts,
he wrote: "You know, the people there were extraordinary people. They are perhaps the
most gifted and strongest of our people. Mighty forces have been destroyed to no purpose, destroyed irregularly, illegally and irreversibly. And whose fault is it? Whose
fault?" Id. at 179-80.
39. Id. at 178.
40. Id. at 213. At this time, Dostoevsky could not write with complete freedom. Just as
in Soviet Russia, the Tzarist regime knew the power of literature and therefore regulated
non-conformism. See infra notes 65-269 and accompanying text. According to Grossman:
If Dostoevsky had been able to choose his themes and to work on them
'in full voice', what mighty impulses for his profound and agonizing talent
he might have found in the real facts of serfdom in its death-agonies! But in
the late 1850's he was tied and chained. And so he drew his own 'ideal'
CRIMINAL AND CIVIL CONFINEMENT
[Vol. 14:2
In 1859, Dostoevsky was released from the army and finally freed from
all restrictions except that he was still forbidden to live in either of the
capitals and could only publish works on "general subjects. 4 1
B.
Sakhalin Island
The Russian writer and physician, Anton Chekhov, decided to visit
the penal colony Sakhalin Island in April, 1890.42 The reasons for the
visit were both humanitarian and practical - the practical aspect being the medical/statistical survey. 43 While planning the trip, he consuited the chief administrator of prisons and penal institutions,
Mikhail Galkin-Vrasky. 44 The chief administrator informed the Sakhalin authorities that Chekhov was forbidden to associate with political
prisoners. 45 Two local officials, Baron Korf and General Kononovich,
helped to facilitate the survey in which Chekhov interviewed about ten
thousand convicts.46 The survey stressed the depressing situations of
many of the orphaned children of the settlers and also addressed the
47
issue of teenage prostitution and the concubinage of women convicts.
Sakhalin itself consisted of five main penal settlements. 4s After the
prisoners in these colonies were released, they became "colonists" of
the island.49 These colonists, prisoners and wives who chose to stand
by their husbands, comprised the majority of the population of Sakhalin Island.50 Life on the island was difficult due to the rough climate
landlord in opposition to the actual slave-drivers of the time.
L. GROSSMAN, supra note 13, at 213.
41. Id. at 217.
42. E. SIMMONS, CHEKHOV: A BIOGRAPHY 217 (1962).
43. S. KARLINSKY, ANTON CHEKHOV'S LIFE AND THOUGH7' SELECTED LETTERS AND COMMENTARY 154 (M. Hein & S. Karlinsky trans. 1973).
44. Id. at 155.
45. Id.
46. Id. The information about "ten thousand convicts" comes from E. SIMMONS, supra
note 42, at 228-29.
47. S. KARLINSKY, supra note 43, at 154.
48. E. SIMMONS, supra note 42, at 228. Karlinsky describes the reality of the penal
colony at Sakhalin:
It was a recently acquired territory, bleak and inhospitable, which the
Russian government was trying to colonize with convicted murderers, swindlers, thieves and embezzlers. It was a penal colony in the original sense of
the term, the sort of colony that the British and French governments maintained on the East Coast of North America in the eighteenth century and to
which Abbe' Prevost's Manon Lescaut and Daniel Defoe's Moll Flanders
were sent, the kind of colony that was used to get Australia settled.
S. KARLINSKY, supra note 43, at 153.
49. E. SIMMONS, supra note 42, at 228.
50. Id.
19881
CONFINEMENT IN RUSSIA
and almost unfarmable soil.5
As mentioned above, Chekhov focused his survey on the mistreatment or unfortunate situations of the children of Sakhalin and also of
the wives of the prisoners or colonists. 52 He saw circumstances in which
women sold their own daughters into prostitution or they themselves
became prostitutes in order to survive.53 Children were often confused
about the identity of their parents and therefore were unable to experience a "normal" childhood.5 ' Children often patterned their games after the abuses and executions they constantly witnessed.55
Chekhov also witnessed instances of sadism - especially the chaining to wheelbarrows and the floggings of the convicts of hard labor. 56 In
these floggings, the executioners
and spectators sometimes seemed to
57
derive pleasure from the act.
51. Id. In addition to poor soil, the growing season was short and snow often continued until May. Id.
52. Id. at 229. Simmons stresses Chekhov's view that some of the females were treated
as if they were chattels. This view is supported by the quote from a colonist petitioning a
prison director for a "female": "We humbly beg your honor to allow us a cow for milk in
the above-mentioned place and a person of the female sex to take care of household
matters." Id.
53. Id.
54. Id. at 230. According to Simmons:
Chekhov tells of visiting one hut and finding in it only a boy of ten, barefoot, with a freckled face, and shoulders hunched as though warding off a
blow. He asked the boy what his father's name was.
'I don't know,' he answered.
'What do you mean? You live with your father and don't know his name?
You ought to be ashamed.'
'He's not my real father.'
'So, he's not your real father?'
'He lives with my mother.'
'Is your mother married or a widow?'
'A widow. She came here because of her husband.'
'What does that mean - she came here because of her husband?'
'She killed him.'
'Do you remember your father?'
'I don't. I'm a bastard.'
Id.
55. Id.
56. Id.
57. Id. Details of a flogging are described by Simmons. They are a paraphrasing of
Chekhov's description in THE ISLAND OF SAKHALIN:
[T]he physician's examination to determine if it was safe to give the prisoner the ninety lashes of his punishment; the slow, deliberate preparation;
the binding of the victim to a bench; the sadistic executioner and the
equally sadistic spectators who always asked permission to watch; the
prison official's methodical counting of each blow, and the cries and pleading of the victim as his quivering naked body was quickly transformed into
CRIMINAL AND CIVIL CONFINEMENT
[Vol. 14:2
Although Chekhov was not permitted to associate with political prisoners except in the presence of officials, he wrote a letter to David
Lvovich Manucharov - brother of a political prisoner confined to Sakhalin - to inform him of the possibilities of living and working on
the island in order to be close to his brother. 58 Since Manucharov was a
railroad mechanic, Chekhov advised him to apply to the island commander or the main department of prisons in St. Petersburg for the
position of senior overseer. 59 The salary would probably be fairly high
since there was a need for this kind of labor in remote areas such as
Sakhalin.Y°
In his letter, Chekhov also stressed the fact that the political prisoners were not restricted in terms of dress and that the types of jobs held
by these prisoners ranged from clerks to church elders, overseers or
directors of the police department library."' As noted in Anton Chekhov's LIFE AND THOUGHT, SELECTED LETTERS AND COMMENTARY, the
political prisoners were afforded the best jobs if they were the most
educated, while in Soviet Russia, the opposite is true.6 2 Chekhov also
informed Manucharov that the political prisoners in Sakhalin were not
confined to prisons and probably did not undergo corporal punishment."3 The negative aspect of the life of political prisoners 6 on
Sakha4
lin was the rumor of low morale and some cases of suicide.
The above instances of confinement took place in Czarist Russia.
When Stalin gained control, artists and political leaders were again
forced into conformity, and were expected to comply with Stalinist ideals rather than Czarist ideals. History began to repeat itself in that
conformism was again the accepted mode. It was up to the artistic
community not to comply.
III.
THE STALIN ERA
During Stalin's "Great Terror," the artistic community suffered
a bloody mass of raw flesh.
Id.
58. S. KARLINSKY, supra note 43, at 181-82.
59. Id. at 182.
60. Id. at 182 n.3. Karlinsky draws a parallel from Chekhov's Russia to Russia today.
"High salaries, used as an enticement to get a free labor force to move voluntarily to the
inhospitable regions of the Far East, remain a part of Russian reality today, eighty years
after Chekhov's Sakhalin trip." Id.
61. Id. at 181-82. The respect afforded to these political prisoners was a great deal
more than political prisoners received in the Soviet period after Czarist Russia.
62. Id. at 182 n.2. See supra note 61.
63. Id. at 181-82.
64. Id. at 182. Suicidal tendencies could be attributed to the sense of isolation in a
remote region.
1988]
CONFINEMENT IN RUSSIA
greatly - especially the poets e Those who refused to conform to Stalin's politics and those who blatantly spoke out against them were either refused publication or arrested. 68 Exile was also a form of confinement in that the artist was kept in what the government believed to be
a "safe place. 867 These artists were kept from friends, family and the
rest of society in hopes that their non-conformist ideas would be less
influential.6 Throughout Russian history, various Russian governments have been afraid to leave the poets completely alone to pursue
their artistic endeavors. 69
The three poets, Anna Akhmatova, Nikolai Gumilev and Osip
Mandelstam were members of the Poet's Guild.7 0 They were also followers of the literary movement known as Acmeism" which did not
advocate the revolutionary ideals professed by the government at the
time.
In 1921, Gumilev, the poet mentioned above, and also ex-husband of
Akhmatova, was allegedly involved in a conspiracy against the Bolshevik revolutionaries and the new regime.7 2 Because of his involvement,
he was executed by the Bolsheviks." Throughout the Stalin period,
65. S. KUNITz & M. HAYWARD, POEMS OF AKHMATOVA 17 (1967).
66. J. RUBENSTEIN, Sovmr DISSIDENTS: THEIR STRUGGLE FOR HUMAN RIGHTS 3 (1980).
67. Id. at 27. An example of "exile" is the sentencing of the poet, Joseph Brodsky, who
was accused of "parasitism" since his "work" consisted of writing poetry. He was sentenced to five years in Archangelsk - a remote area in the Arctic. Id. at 27-28.
68. Id. at 182-83.
69. E. BROWN, RUSSIAN LITERATURE SINCE THE REVOLUTION 350 (Rev. 1982). According
to Brown:
The whole inhuman apparatus of a powerful state, which has thousands
of nuclear warheads, concentrated ... on frustrating the work of one lone
writer working in the underground, like a folk hero immersed in deep waters but sure of emerging victorious, engaged all the time in a deadly struggle with the powers of darkness. There is nothing comparable to that experience in the pragmatic pluralistic societies of the West. The reason writers
are both honored and persecuted in the Soviet Union is that they are important, because they are regarded as dangerous.
Id.
70. S. KUNITZ & M. HAYWARD, supra note 65, at 8.
71. Id. at 11. The following passage by Mandelstam illustrates the general philosophy
of this movement which was in opposition to the revolutionary philosophy:
One cannot launch a new history - the idea is altogether unthinkable;
there would not be the continuity and tradition. Tradition cannot be contrived or learned. In its absence one has, at the best, not history but 'progress' - the mechanical movement of a clock hand, not the sacred succession of interlinked events.
Id.
72. Id. at 15.
73. Id.
CRIMINAL AND CIVIL CONFINEMENT
[Vol. 14:2
when a person opposed the political philosophy of the existing regime,
his or her family was also stigmatized. 4 In the case of Gumilev, his
wife Akhmatova, and son Lev, were under the constant scrutiny of Stalin's regime.7 5 In 1925, Akhmatova was issued an instruction from the
Central Committee of the Party which forbade her from publishing
any of her original poetry.78 In 1935, Akhmatova's son was also arrested. Although he was released after a couple of years, he was rearrested in 1938.7
The poet, Osip Mandelstam was also under constant surveillance at
the time.78 In May, 1934, the secret police visited his Moscow home
79
and arrested him for a specific poem in which he denounced Stalin.
Mandelstam was later exiled to the city of Voronezh.8s He eventually
met his death in a concentration camp near Vladivostok.""
After the German invasion, Stalin became more lenient towards his
"victims." 82 Akhmatova was probably convinced that she had been
pardoned and accepted by the authorities; she was deceived. s
To her surprise, in August, 1946, Akhmatova was expelled from the
Union of Soviet Writers.8 ' This meant that she could never again publish any of her poems in the Soviet press.8 " This expulsion came in the
form of a decree by the Central Committee of the Party - a decree
that was published in all the Soviet newspapers.8 8 Included in the decree was an "explanation" from Stalin's lieutenant and member of the
74. Id. at 16. Suspicion of one family member creates suspicion of the others.
75. Id. See supra note 74.
76. Id.
77. Id. at 17.
78. Id.
79. Id. According to Susan Jacoby, this poem was extremely graphic. Stalin was portrayed in vile, disgusting imagery, for example with "mustaches as cockroaches, a tongue
savoring the taste of executions." Nadezhda Mandelstam, wife of Osip, fortunately decided to memorize Osip's poetry in anticipation of its possible destruction by the secret
police. S. JACOBY, WILD JUSTicE: THE EVOLUTION OF REVENGE 158 (1983).
80. S. KUNITZ & M. HAYWARD, supra note 65, at 17.
81. Id.
82. Id. at 20-21. At this time, Lev was released from prison, but still obligated to serve
in the army. Akhmatova's poetry was once again approved of and allowed into publication. During the blockade of Leningrad, she was permitted to speak on the radio to inspire women to unite to save their sacred city. In 1942 and 1943, various poems and
volumes of her works were published. In 1944, she received a standing ovation after her
poetry reading in the largest auditorium in Moscow. Id.
83. Id. at 22. Stalin soon became uneasy with this "leniency" and once again began to
assert his control. Id.
84. Id.
85. Id. Prohibition and expulsion were also forms of confinement in that the victim
was unable to pursue his or her career.
86. Id. at 22-23.
1988]
CONFINEMENT IN RUSSIA
Politburo, Andrei Zhdanov.8 7
After Akhmatova's expulsion from the Union, she was constantly followed by two police agents.88 Years later, her son was arrested a third
time - another indirect punishment for Akhmatova. s9 Her punishments did not cease until 1956 when Khrushchev denounced Stalin at
the 20th Party Congress.90 Because of the "Thaw,"9 1 she was again allowed to publish her works and reclaim membership in the Union of
Writers. 92 Akhmatova's life is illustrative of the Soviet government's
attempts during the Stalin Era to punish nonconformist conduct in the
93 Conformity in and of itself was a means of spiriartistic community.
94
tual confinement.
Another example of Stalin's abuse is the case of Victor Krasin.95 In
1946, Krasin, a young student at Moscow University, formed a group
with several of his friends in order to discuss literature and philosophy.9" They were especially interested in Nietzsche 97 Dostoevsky,9 8
87. Id. at 23. The following passage is illustrative of the kind of "explanation" used by
the authorities during the Stalin Era. These justifications enabled the government to
expel writers from the Union of Soviet Writers, exile them to labour camps, or imprison
them. This "explanation" by Zhdanov addresses the issue of whether or not Akhmatova's
poetry is "appropriate": "What can there be in common between this poetry and the
interests of our people and State? Nothing whatsoever. Akhmatova's work belongs to the
distant past; it is alien to contemporary Soviet life and cannot be tolerated on the pages
of our journals." Id.
88. Id. at 23.
89. Id.
90. Id. at 25.
91. Id. Shortly after Stalin's death, the Soviet regime became more tolerant of individualism in the artistic community. According to Joshua Rubenstein, "[t]his period became
known as 'the thaw,' after Ehrenburg's novel of the same name. It was to be short-lived.
By January 1954, the regime and its conservative spokesmen took the offensive." J. RuBENSTEIN, supra note 66, at 5. The precise timing of the end of "the thaw" was
unpredictable.
92. The Stalin Era ended after his death in 1953 when, according to Edward J. Brown,
"the mild relaxation of controls known as the literary thaw occasioned an eruption of
articles and books ...asserting the rights of individual human beings ..... E. BROWN,
supra note 69, at 17.
93. KuNrrz, supra note 65 at 25. This concept is related to the concept expressed by
Kunitz and Hayward in POEMs OF AKHMATOvA: "The worst punishment Stalin inflicted
on poets was not to kill and imprison them, but to make them praise him." Id.
94. J. RUBENSTEIN, supra note 66, at 2.
95. Id. at 2, 4.
96. Id. at 3. The members of Krasin's group were interested in a variety of philosophers - Friedrich Nietzsche being one. Id.
97. Id. The members of Krasin's group were also interested in the works of Fyodor
Dostoevsky. See supra note 1 and accompanying text.
98. Id. Schopenhauer was another philosopher of interest to the "Krasin group." Id.
CRIMINAL AND CIVIL CONFINEMENT
[Vol. 14:2
Schopenhauer, 99 the New Testament' 0 and Indian philosophy.' Their
"freedom" was stifled when an informer sent by the secret police, who
was aware of the group's existence, confessed to the group that he had
been observing them and reporting to the police for about a year.'0 '
The informer became disgusted with his work and asked the members
for advice in order to end the "informing."' ' s Although he followed the
group's advice and wrote to the police pretending to have falsified his
reports, he himself was arrested along with Krasin and others. 0 4 The
events that followed from the interrogation through to the sentencing
and eventual confinement were devastating. 0 5
In addition to the cases mentioned above, that of Boris Pasternak,
author of DOCTOR ZHIVAGO' 06 and other stories and poems, is illustrative of the courage it took to be a non-conformist during the Stalin
Era.
07
The Revolution was a constant source of conflict to Pasternak.1
Pasternak continued to remain true to his ideals, refusing to conform
to the "official" literature of the time. 08
In 1937, many of Pasternak's friends were arrested or died as a result of the "peak of Stalin's terror."' 0 9 His friend and fellow poet Marina Tsvetaeva, hanged herself in 1941.110 With the onset of all of these
tragedies, Pasternak became even more detached from "current
99. Id. The New Testament of the Bible was also a subject of interest in the "Krasin
group." Id.
100. Id. Along with the philosophers mentioned supra notes 96, 98, books on Indian
philosophy were also of interest to the "Krasin group." Id.
101. Id.
102. Id.
103. Id.
104. Id. at 3-4. The fact that Krasin was only nineteen was especially distressing. The
authorities were constantly interrogating him and keeping him from sleeping. If he failed
to conform to the demands and fell asleep anyway, solitary confinement was a possible
remedy that the authorities sometimes chose. Some of the prisoners were even beaten all these techniques being means to the end of possible forced confession. Krasin's original sentence was eight years in labor camps to which was later added ten years as a
result of an attempted escape. The area to which he was sent was Kolyma near the
Arctic Circle. Because of the inclement, freezing weather and other harsh conditions, it is
believed that almost three million prisoners died while Stalin was in power. Fortunately,
Krasin survived and was finally granted freedom. Id.
105. 0. HUGHES, THE POETIC WORLD OF BORIS PASTERNAK 150-51 (1974).
106. Id. at 89. According to Hughes, "Theoretically Pasternak accepts socialism, but
the Soviet reality is not socialism ....
Id.
107. Id. at 150.
108. Id. at 150-51.
109. Id. at 151.
110. Id.
19881
CONFINEMENT IN RUSSIA
events."111
In 1956, the government showed its disapproval of Pasternak's philosophy of art and life by rejecting his novel, DOCTOR ZHIVAGO.21 2 Pasternak's philosophy encompasses a belief in the immortality of the
human spirit - probably not one of Stalin's preferred themes.11 3 Pasternak held true to this philosophy until the end. His optimistic belief
in the power of the individual in the midst of oppression was the quality that sustained him throughout the Stalin Era. 1 "
It is this author's opinion that although the new regime under
Gorbachev seems considerably more relaxed and tolerant of non-conformity than Stalin's regime, the extent of the tolerance is difficult to
predict.
IV.
A.
FROM THE STALIN ERA TO THE PRESENT
General Description of Labor Colonies and Prisons
Under Gorbachev's regime, circumstances surrounding the confinement of non-conformists may improve. As of now, the reports that fol111. Id. at xiii.
112. B. PASTERNAK, DocTOR ZHIVAGO 60 (1958) [hereinafter cited as PASTERNAK]. One
can ascertain Pasternak's philosophy in DR. ZHIVAGO:
You in others - this is your soul . . . . You have always been in others
and you will remain in others. And what does it matter to you if later on
that is called your memory? This will be you - the you that enters the
future and becomes a part of it.
Id.
113. Id. at 336. The novel, DR. ZHIVAGO, encompasses Pasternak's belief, expressed
through the protagonist, Lara, in the individual's need to follow his or her own conscience - not that of the crowd. In the Stalin Era and in Czarist Russia the governments
in power during these respective eras demanded varying degrees of conformity from their
citizens. Those who stepped out of line were often imprisoned or, at the least, prevented
from speaking out as an individual - especially if the individual was an influential poet.
The following passage illustrates the repetition of history in that non-conformity has
always been a fear of the governing authorities:
It was then that untruth came down on our land of Russia. The main misfortune, the root of all the evil to come, was the loss of confidence in the
value of one's own opinion. People imagined that it was out of date to follow their own moral sense, that they must all sing in chorus, and live by
other people's notions, notions that were being crammed down everybody's
throat. And then there arose the power of the glittering phrase, first the
Czarist, then the revolutionary.
Id.
114. Amnesty International Report, Prisoners of Conscience in the USSR: Their
Treatment and Conditions (Chapter V Prison Conditions reprinted in booklet for symposium at Harvard Law School, November 16, 1986, p. 1) (1975, 1980) [hereinafter cited
as Amnesty Report].
CRIMINAL AND CIVIL CONFINEMENT
[Vol. 14:2
low are the most recent updates in terms of general practices and
situations.
According to an Amnesty International report of 1975 and 1980,115
the Soviet Union defines the purpose of its labor colonies and prisons
to be punishment, correction and re-education. 116 According to Soviet
law, the labor colonies - commonly referred to as camps - are less
strict and punitive than the prisons." 7 After trial, if one is found
guilty, the court designates the type of institution. 118 After this, it also
chooses the grade of regime under which the prisoner must serve." 9 In
the labor camps, grades begin at "ordinary" and increase in restrictions
and severity in the following manner: "intensified," "strict," and
1 20
"special.
As mentioned above, a prison sentence is more severe than a labor
colony sentence since the prisoners are always confined in cells, not in
communal housing. 12 1 Unfortunately, the prison administration, with
the approval of the procurator - often a mere formality - has the
power to put a prisoner in solitary confinement. 122 According to Am-
nesty International, there are only two grades of regimes in the prison
23
system - "ordinary" and "strict.'
115.
116.
117.
118.
119.
Id.
Id.
Id.
Id.
Id. The following is a description of the various grades of regime:
Each entails a progressive reduction in prisoners' rights to visits, receiving
of correspondence, supplementary food purchases, etc. The type and
amount of work required of a prisoner varies according to his regime. Prisoners held under 'special regime' are kept in cells.
The most striking difference between regimes is in diet. This is not required by corrective labour law: such law specifies that food rations shall be
dependent in part on prisoners' attitudes to work but does not relate the
quantity of food given to prisoners to the type of regime. Nonetheless, extra-legislative regulations stipulate that food rations shall vary according to
type of regime. Stricter regimes further reduce food rations by lowering
prisoners' allowed expenditure on supplementary food products.
Id.
120. Id.
121. Id.
122. Id. In strict regime, a prisoner's rights are obviously more restricted than in ordinary. Soviet law states that strict regime can only be imposed for six consecutive months.
The rights afforded a prisoner under ordinary regime include: two visits per year from
members of the outside community, the mailing of one letter per month, exercise for one
hour per day, the receiving of "three packets of note paper and woollens each year," and
the expenditure of three roubles per month for additional food supplies. Id.
123. Amnesty Report, supra note 114, at 172-203.
1988]
CONFINEMENT IN RUSSIA
B. Special PsychiatricHospitals
This section will encompass four stages of the Soviet psychiatric hos12 4
pital system: 1) procedure; 2) diagnosis; 3) treatment; and 4) release.
Obviously, an entire article could be written
on this section alone,
1 25
therefore, this will be a general overview.
1. Procedure
There are three procedures followed in the Soviet Union for forcible
confinement of human beings: 1) civil (for those not accused of crime);
2) criminal (for those accused of crime); and 3) transfer (from prison to
2
a psychiatric hospital).1
According to Soviet law, the authorities attempting to forcibly confine anyone must show that they are "dangerous to themselves or
others. ' 127 This requirement, however, is almost always ignored or
side-stepped. 28 If the Soviet authorities feel that someone is acting
against the interests of the government, they are usually able to find
some justification for forcible confinement of that individual. 29
Under Soviet law, the criminally accused are supposed to be entitled
to an objective psychiatric examination and a just hearing in court."10
While this sounds reasonable, these two rights are rarely provided or, if
provided, are abused."'s
One of the problems with the system is that an investigator decides
whether or not the forensic psychiatric commission will conduct an examination, and whether the examination will be performed in the hos2
pital or in the prison where the investigation takes place. '
Some other rights that the accused do not have are: a) the right to
know that there will be a psychiatric examination administered if the
authorities believe that the accused might be too mentally confused to
124. Id. For more information, see supra notes 114, 123 and any regional office of
Amnesty International.
125.
126.
127.
128.
Id. at 173.
Id.
Id.
Id. at 173-74. The following list is illustrative of acts that have resulted in con-
finement in psychiatric hospitals: handing out anti-Soviet pamphlets while staying in a
hotel; having a picture of a dissenter placed on the wall above one's bed; walking with a
placard emphasizing a right to emigrate in front of the Bolshoi Ballet Theatre; constantly requesting officials' permission to emigrate or making personal complaints to the
official authorities in Moscow. Id. For more examples and the names of the persons committing the above acts, see id.
129. Id. at 174.
130. Id. As in many countries, enforcement of the law is more difficult than establishing the law.
131. Id.
132. Id.
CRIMINAL AND CIVIL CONFINEMENT
[Vol. 14:2
understand; b) the right to know the diagnosis, results of the examination or the recommendations by the psychiatrist; c) the right to be informed of new charges, results of the investigation, or evidence; d) the
right to see his or her family (usually not allowed until after the court
hearing, six to twelve months after arrest)."' 3
According to Soviet law, the accused person is supposed to have a
defense counselor present at the court hearing, but this is usually not
enforced, especially in cases of prisoners of conscience.134 If it is enforced, 3sometimes
the accused has no say in the selection of his or her
5
lawyer.1
A major issue in the process of criminal procedure is the determination of the "non-accountability" of the accused. 3 6 After a psychiatric
commission diagnoses the "patient" as being non-accountable, and after a court hearing is held, the court decides whether this diagnosis was
accurate and what steps to take.237 Of course, the court only reaches
these issues after deciding whether the accused did indeed commit a
crime or "socially dangerous act." 3 8
Many times, the accused is not allowed to attend his or her hearing
in which sanity or insanity is determined. 3 9 However, even if the accused is present, he or she is unable to protest the diagnosis. 140 The
court has the discretion to call for a second examination, but even if it
does, the psychiatrist who performs it is officially appointed - not
4
chosen by the accused or a relative.' '
133. Id. See supra note 130.
134. Id.
135. Id. at 175. There is a medical and a juridical criterion to the definition:
The medical criterion of non-accountability requires the establishment of
chronic mental illness, temporary mental derangement, feeble-mindedness
or other condition of mental illness in a person who has committed a socially dangerous act. This is in the exclusive competence of the expert the forensic psychiatrist.
The juridical criterion of non-accountability requires that it be established that the person who has committed a socially dangerous act could
not as a consequence of mental illness account for his actions or control
them. It is the court (the investigator) which establishes whether the judicial criterion of non-accountability is satisfied, proceeding not only from the
conclusion of the expert psychiatrist but also from other evidence.
Id.
136.
137.
138.
139.
140.
141.
tional,
Id.
Id.
Id.
Id.
Id.
Id.
the
See supra note 128 for examples of "socially dangerous acts."
at 176.
at 177. According to the information presently available to Amnesty Internacourt has not chosen the first option in a political case. Id.
1988]
CONFINEMENT IN RUSSIA
If the court decides that the accused is indeed mentally ill, it is
presented with three options: 1) placing the patient with relatives or a
guardian; 2) placing the patient in an "ordinary" psychiatric hospital
for an indefinite period; or 3) placing14 the
patient in a special psychiat2
ric hospital for an indefinite period.
2. Diagnosis
This section is not very lengthy since the process of diagnosis in the
Soviet psychiatric system is short and simple.'" This simplicity is disturbing since mental illness is such a complicated phenomenon requiring in-depth analysis.
When the Soviet authorities wish to arrest people who have not committed any crimes but merely express "unaccepted" political views,
they can accuse them of being mentally ill.'"
The Serbsky Institute of Forensic Psychiatry in Moscow is the official center that establishes the criteria for diagnosis of the mentally
ill. 1 5 The Director of the Institute of Psychiatry of the USSR Academy
of Medical Sciences, Andrei Snezhnevsky, is connected with the Serbsky Institute mentioned above."46 His "theory" of schizophrenia is that
one can have the disease to the extent that he or she needs "hospitalization" without even exhibiting any of the external symptoms. 147 (As
an example of this "labelling," a Soviet theory existed, and perhaps
still does, that Jesus Christ had schizophrenia). 14 8 The "sluggish" form
of schizophrenia referred to in the Soviet Union is often diagnosed in
people who exhibit nothing more than individualism." 9 Some examples
of diagnoses of this disease are as follows: "nervous exhaustion brought
on by her search for justice," "reformist delusions," and "mania for
reconstructing society.' 15 According to Amnesty International, there
also seems to exist the strange notion that only a select group of Soviet
142. Id. at 181.
143. Id. at 182. According to Amnesty International, this procedure is often carried
out "as though the group's participants were mentally ill
'en masse."' Id.
144. Id. at 181. The diagnosis for many "dissenters" under criminal procedure at the
Serbsky Institute is very short - only a few conversations with the appointed psychiatrist and, according to Alexander Podrabinek, "ten or fifteen minutes" in the presence of
the psychiatric commission. Id.
145. Id. at 183, 184.
146. Id. at 184.
147. Id.
148. Id. This kind of individualism was seen as a threat to conformity in both Czarist
and Soviet Russia. In other words, individualism has often been seen as an "evil" to be
confined or an "illness" to be cured. See supra notes 10-113 and accompanying text.
149. Id. at 184
150. Id. Some Soviet psychiatrists believe that although certain individuals appear to
be sane to all of those around them, they are often ill
with a "paranoid pathological
development of the personality." Id.
CRIMINAL AND CIVIL CONFINEMENT
[Vol. 14:2
official psychiatrists are qualified to judge a person's sanity.1 51
3. Treatment
Once one is confined to a special psychiatric hospital, he or she is at
the mercy of the orderlies. 152 Sometimes even the administrative or
medical staffs are abusive. 53 There have also been cases in which
orderlies used their power and control to not only abuse but humiliate
the patients."5 ' Examples of this humiliation have included forcing
these patients to swallow frogs or beetles or to endure bee stings from
55
bees placed on the patients by the orderlies.
Unlike the corrective labor institutions, there is no legal code governing the amount of time a patient can be detained in a special psychiatric hospital. 58 While prisoners in corrective labor institutions retain the right to challenge illegal treatment, patients of special
psychiatric hospitals are not expressly granted this privilege and therefore it is frequently overlooked. 1 57 The patients are not allowed to even
write letters challenging treatment.15 8 If their doctors allow them to
write at all, they are usually only allowed to correspond with relatives. 59 As far as visitation rights, the usual system is twice a month
for about two hours. 60 The lack of these rights in addition to the devastating physical surroundings - buildings enclosed by barbed wire
and surrounded by watchtowers and guards - leaves the "patient" in
an almost complete state of abandonment.' 6'
One of the most disturbing forms of "treatment" in the psychiatric
hospitals is the sometimes random administering of drugs.' 6' The pa151. Id. at 191. Orderlies are usually convicted criminal prisoners who have been recruited for this job from the labor institutions. Id.
152. Id.
153. Id. at 192.
154. Id.
155. Id. at 189.
156. Id. at 190.
157. Id. "Patients" probably feel intimidated or reluctant to write about their situations to those on "the outside" since the result has sometimes been punishment by the
authorities. Id.
158. Id. The confidentiality of those letters is questionable. Id.
159. Id. These visitation rights are often forfeited not by choice but because of the
long distance between the "patients" and their relatives. Id.
160. Id.
161. Id. at 197. There are many cases in which prisoners of conscience, in particular,
are "bombarded" with various drugs. Id.
162. Id. The names of the neuroleptic drugs in the Soviet Union and their corresponding European names are as follows: The European name for the Soviet "triftazin" is
"trifluoperazin". The Soviet drug "haloperidol" is referred to as "serenace" or "haldol".
The western European equivalent of aminazin is chlorpromazin, largactil or chloractil.
Id.
1988]
CONFINEMENT IN RUSSIA
tients who are forcibly confined for being dissenters or prisoners of
conscience are usually required to take extremely potent tranquilizers
or neuroleptic drugs. 163 Although these same tranquilizers (under different names) are used in other countries, in Soviet psychiatric hospitals they are used incorrectly in that attention is usually not paid to
which specific disorders require which specific drugs.'" If someone receives a drug that he or she does not need, the drug can be extremely
65
harmful.
Since many drugs that are used in psychiatric hospitals have bad
side effects, it is often necessary to watch the patient closely or administer other drugs to counter the bad effect."6 This is not done in Soviet
psychiatric hospitals as a general practice. 1 7 The most serious and
debilitating side effect is "Parkinsonism" in which the patient experiences rigidity of the muscles, increased slowness in physical movement
and restlessness. 68 Other side effects include eye sensitivity, change in
body weight, dry mouth,
low blood pressure, jaundice, pigmentation
69
and blood disorders.
In ordinary hospitals, the drugs mentioned above are often administered upon arrival,7 before
the patient is diagnosed and sometimes upon
0
fortuitous release.1
The reason or justification for the random application of these drugs
is either treatment or punishment.7' The Soviet authorities have also
used this drug treatment as 72a technique to pressure dissenters to
change their ways and beliefs.1
In addition to drug treatment, psychiatric hospitals often administer
shock therapy by means of insulin. 7 3 The amount of insulin is constantly increased daily which eventually causes a hypoglycemic coma
with the final result being shock. 7 4
163. Id.
164. Id.
165. Id.
166. Id.
167. Id. According to Amnesty International, this side effect often is extremely threat-
ening to those who experience it since they feel out of control or mentally and emotionally vulnerable. Id.
168. Id.
169. Id. The reasoning behind this last minute dosage that is sometimes administered
is baffling. Perhaps it is to distract the "patient" from his or her non-conformist ideas.
Id.
170. Id. at 198.
171. Id.
172. Id. at 199.
173. Id. According to Amnesty International, in the Soviet Union 25 or 30 shocks usually constitute a "course" of insulin shock therapy. Id.
174. Id. According to Amnesty International, sometimes these fevers last up to three
CRIMINAL AND CIVIL CONFINEMENT
[Vol. 14:2
Although the drug sulfazin, previously used to treat schizophrenia,
has been abolished in many countries, it is still generally accepted in
the Soviet psychiatric hospitals despite its side effect of an extremely
high fever. 17 5 The main use of the drug in psychiatric prisons has been
for the purpose of regulating those patients who have not adhered to
strict disciplinary measures. I'6
One of the most archaic forms of "treatment" in these hospitals is
fixation, or preventing physical movement of the patient.17 The hospital staff usually justifies this method as a kind of punishment for misbehavior. 17 8 Misbehavior does not have to be disruptive - mere irritation of the hospital staff is usually considered sufficient to justify the
17 9
strapping of the patient to his or her bed.
4. Release
Under the criminal procedure code, in order for a patient to be
transferred or released, both the administration and the commission of
doctors must agree that this is the proper step. s0 Then, the court must
also consider this decision.' 8 ' The psychiatric commissions are supposed to examine the patients every six months, but this is rarely
accomplished.' 8'
Since the commissions are under the control of the Serbsky Institute
in Moscow, even if the doctors are compassionate and willing to release
the patient, political red tape sometimes prevents any action."8 3
V.
CASE EXAMPLES
There are numerous documented cases of both men and women who
have been confined to special psychiatric hospitals for nothing more
days after the dosage of sulfazin has been administered. Id.
175. Id.
176. Id. at 200.
177. Id. According to Amnesty International, in some cases, the "patient" was administered "fixation treatment" or, more accurately, "punishment" when he or she had not
exhibited any signs of violent behavior, merely misbehavior. In other words, in some
cases there was no need for "straight jacket" discipline, but the "patient" was nevertheless confined. Id.
178. Id.
179. Id.
180. Id.
181. Id. Rather than six month intervals, the psychiatric commissions sometimes
choose longer intervals between examination of patients. Id.
182. Id. at 200-01. According to Amnesty International, cases have been cited in which
the dissenters, when examined by the psychiatric commissions, were asked questions regarding religious and political views and were sometimes released if they agreed to recant
and conform. Id.
183. Id. at 187.
1988]
CONFINEMENT IN RUSSIA
than anti-Soviet activities - sometimes amounting to no more than
slander."' The following cases cited are illustrative of the mental
states of mind that the Soviet authorities chose to label as being in
need of psychiatric rehabilitation."s5
Although the individuals involved in these cases were engaged in a
variety of professions, they each shared the common desire to speak
out against oppression."s8 They were all punished for this desire; some
7
continue to be punished.11
The first case to be considered is that of Alexei Vasilyevich Nikitin."" Throughout his life, he was constantly involved in organizing
and defending workers' rights.'8 9 When the safety violations at the
Butovka mine resulted in an explosion, the workers reminded the KGB
that Nikitin had warned them more than two years earlier about the
conditions of the mine. 190 The Soviet authorities knew that the workers
were aware that preventative measures could have perhaps saved many
of the victims.' 9 ' They were also aware that the families and friends of
the victims saw in Nikitin a source of strength, consolation and, more
importantly, a sounding board for complaints.' 9' The only solution for
1 93
the Soviet authorities was confinement of this "source.'
184. Id. The theme throughout this article is that non-conformism, from Czarist to
Soviet Russia, has often been viewed as a threat, or something that requires a "cure." Id.
185. See infra notes 186-268 and accompanying text.
186. Id.
187. K. KLOSE, RUSSIA AND THE RuSsIANS: INSIDE THE CLOSED SOCIETY 59 (1984).
188. Id. While in the Butovka trade union, Nikitin became active in defending the
rights of his fellow workers - especially the right to speak out and not be punished for
it by transfer to lesser jobs or denial of bonuses. Id.
189. Id. at 71-72.
190. Id. Since Nikitin was a reminder to the Soviet authorities of their own neglect,
Nikitin's presence was seen as a threat. Id.
191. Id. at 72.
192. Id. at 72-73. Nikitin was arrested and sentenced to three years of hard labor
under Article 187 of the Ukrainian Criminal Code. The violation involves "dissemination
of knowingly false fabrications discrediting the Soviet political and social system." For
five months, Nikitin was denied correspondence with any lawyer or means of defense. Id.
The following scenario (about Nikitin) is reminiscent of the transporting of Dostoevsky
to the place of execution. See supra note 27 and accompanying text:
They were locked into a passenger car that had frosted windows .... Toward the end of the day, the train stopped at a siding in the Ukrainian
countryside ... the prisoners were loaded into the trucks and the journey
resumed. When they finally climbed out, they found themselves at the main
jail in the city of Dnepropetrovsk.
K KLOSE, supra note 187, at 73. The use of frosted windows in the above illustration can
be paralleled to the frosted windows of the carriage in which Dostoevsky rode to his
supposed execution.
193. Id. at 74. This hospital was like a fortress with its double walls and guards
CRIMINAL AND CIVIL CONFINEMENT
[Vol. 14:2
Nikitin was arrested and later transported from the main jail in
Dnepropetrovsk to a secluded facility opened in 1968 by the Ministry
of Internal Affairs (MIS) - the Dnepropetrovsk Special Psychiatric
Hospital for the Criminally Insane.' 94
The description of the inside of the "hospital" is even more foreboding than the outside. 195 Iron frame beds were sandwiched together in a
dimly lit twenty by thirty foot room.' 96 The filth and the stench from
vomit and human excrement made the atmosphere unbearable. 97 The
majority of the patients had no control of their bodily movements and
functions.199 Nikitin was forced to take a pill which turned out to be
majeptil - "a powerful tranquilizer that had triggered suicides in
other psycho-prisons when inmates were overdosed with it."' 9 The
tranquilizers were probably the source of derangement in many of the
"patients" in Dnepropetrovsk Special Psychiatric Hospital. 200
Finally, in 1974 Nikitin's case was considered by a psychiatric review
board, and he was diagnosed as being "sufficiently recovered" from
"psychopathology - simple form."'' 1 The next step was to send him to
the city psychiatric hospital in Donetsk for "further unspecified observation."'' It was not until 1976 that Nikitin was diagnosed as "recov0
ered" and released from the Donetsk hospital.'
3
On September 22, 1977, Nikitin was re-admitted to Dnepropetrovsk
Special Psychiatric Hospital because of his efforts to seek political asylum. 04 The Soviet authorities released him again in May 1980.205
After his life became less tumultuous, Nikitin had the opportunity to
meet prominent activists who denounced the abuse of psychiatry in the
equipped with ammunition. Id.
194. Id. at 76. From the description of this hospital, it is apparent that the atmosphere itself would be a threat to anyone's sanity. Id.
195. Id.
196. Id. at 77.
197. Id.
198. Id. at 76.
199. Id. at 76-77. Kose's description of the depressing state of affairs at the Dnepropetrovsk Special Psychiatric Hospital illustrates the damage that can result from inadequate or reckless care in these hospitals: "Some men ... seemed possessed by devilish
spirits that caused them to roll and turn incessantly or pace back and forth like crazed
animals, while some lay in dazed stupors, inert and uncaring." Id.
200. Id. at 84. See infra note 210 and accompanying text. Perhaps the situation was
not recovery, but non-existence of the disease.
201. Id. at 85.
202. Id. See infra note 210.
203. Id. at 90-91.
204. Id. at 92.
205. Id. at 94.
1988]
CONFINEMENT IN RUSSIA
Soviet Union. 20 6 The psychiatrist, Anatoly Koryagin, was instrumental
in exposing the abusive treatment of political prisoners.2""
Koryagin was associated with the Moscow activists of the 1970's.210
He was a member of the unofficial Working Commission to Investigate
the Use of Psychiatry for Political Purposes.20 9
On September 6, 1980, Nikitin related tales of his confinement to
Koryagin. 210 Koryagin performed a thorough psychiatric examination
on Nikitin which resulted in the following diagnosis:
On the basis of personal history and examination, it should be
concluded that Alexei V. Nikitin suffers no psychiatric illness or
character disorders, and there is no evidence that he has ever had
either of these conditions ....His admissions to the special psychiatric hospital in 1972 and 1977 should be considered as totally
unjustified ....No psychiatric disorder.21'
Because of Koryagin's courageous efforts to end the abuse of psychiatry by Soviet authorities, he himself was subjected to similar abuse.2 2
In 1981, the Soviet authorities convicted Koryagin of "anti-Soviet agitation and propaganda" because of his "public criticism of Soviet
abuse of psychiatry."21 3 He was sentenced to twelve years of imprisonment and internal exile and therefore, because of this abuse, Amnesty
206. United States Section of Amnesty International,Bulletin No. 61 (Fall 1985)
[hereinafter cited as Amnesty Bulletin]. Koryagin had a reputation for independence
even when he was an intern. The following advice was given by his supervisor: "'Your
unhealthy opinions could end up hurting you, keep that in mind,' the supervisor intoned.
'Thanks, but I know it isn't opinions that hurt one; one is hurt because of them,' replied
Koryagin." Id.
207. K KLOSE, supra note 187, at 93.
208. Amnesty Bulletin, supra note 206, at 1. The name for this commission is slightly
different as cited in Klose. According to Klose, the Working Commission for the Investigation of the Abuse of Psychiatry for Political Purposes dealt with the understanding
and reporting of "political psycho-terror." K KLOSE, supra note 187, at 93-94.
209. Id. at 94.
210. Id. at 95.
211. Amnesty Bulletin, supra note 206, at 1.
212. Id.
213. Id. at 2. In this bulletin, Amnesty encourages people to write "polite letters" for
the purpose of "appealing for Dr. Koryagin's immediate release and expressing concern
about his health" to the following address: Alexsandr Rekunkov, Procurator General of
the USSR/SSSR/g. Moskva/ul. Pushkinskaya 15a/Moscow/USSR and to further emphasize this appeal with a letter to Mikhail Gorbachev/Secretary General of the Communist
Party/Moskva]Kreml/Generalnomu Sekretaryu TsK KPSS/MoscowfUSSR. Id. At the
time of this bulletin, (Fall 1985) Koryagin was believed to be "near death" in a prison in
Christopol. Id. According to Gwendolyn Whittaker of Amnesty International, Koryagin
has finally been released and now resides in Switzerland. (Telephone interview June 2,
1988. For further information, contact Amnesty International, 58 Day Street, Somerville,
Massachusetts, 02144.)
CRIMINAL AND CIVIL CONFINEMENT
[Vol. 14:2
International has "adopted" Koryagin as a prisoner of conscience.
Re14
Switzerland.
in
living
now
is
and
released
was
Koryagin
cently,
Another case dealing with the abuse of psychiatry for political purposes is that of Hanna Mykhaylenko, a friend of activists in human
rights and the Helsinki Monitoring Group in Odessa.2 15 In February,
this Ukrainian teacher and librarian was arrested and charged with
"anti-Soviet agitation and propaganda" because of her activism and
promotion of the Ukrainian language and culture. 21 6 After trial, her
21 7
verdict was "non-accountable for her actions by reason of insanity.
Her sentence was "compulsory treatment in a psychiatric hospital,
' s
From there, she was
(possibly in Kharkov) for an indefinite term."21
eventually transferred to a maximum security hospital known as Kazan
Special Psychiatric Hospital.2 19 Drugs were often forced upon the "patients. '220 People who have been released from this prison describe this
"treatment" as consisting of "powerful doses of neuroleptic drugs...
forcibly administered on a dally basis . . . in order to disorient them
Finally, Hanna
and destroy their psychological well-being."2
Mykhaylenko was transferred to Odessa, her hometown, and released
on May 19, 1988.222 This lifestyle took its toll on Hanna Mykhaylenko
because of her pre-existing physical problems: breast cancer, heart disease, and asthma.22 3
According to Amnesty International, in detaining Hanna
Mykhaylenko, the Soviet authorities were violating both Soviet law
and the United Nations International Covenant on Civil and Political
Rights and on Social, Economic and Cultural Rights because she has
not "represented a danger to herself or others" which is a requirement
for forcible psychiatric confinement.2 24 The only reason the Soviet au214. See supra note 208 and accompanying text. Amnesty International USA, Group
24 Cambridge, Massachusetts: Update of Hanna Mykhaylenko (1987) [hereinafter cited
as Amnesty Update].
215. Id. Because of their desire for "cultural autonomy" and "political independence,"
Ukrainian nationalists are sometimes viewed as a threat to Soviet conformity. JONATHAN
POWER, AMNESTY INTERNATIONAL: THE HUMAN RIGHTS
STORY 115 (1981).
216. Id. Insanity is sometimes a label tacked on to justify forced confinement.
217. Id.
218. Id.
219. Id.
220. Id. See supra notes 161-71 and accompanying text.
221. Information obtained from Gwendolyn Whittaker of Amnesty International, 58
Day Street, Somerville, Massachusetts, 02144. According to Ms. Whittaker, it is a common practice to return the "prisoner" to his or her hometown before release. Id.
222. Amnesty Update, supra note 214.
223. Id. See supra note 126 and accompanying text.
224. Id. According to Amnesty International, in the Soviet Union about 20% of the
prisoners labelled as "political" are kept in psychiatric hospitals to ensure that they are
1988]
CONFINEMENT IN RUSSIA
thorities would have wanted to confine a sane person such as Hanna
Mykhaylenko would have been to prevent her from voicing her
opinions.22 5
The final case to be discussed on the issue of psychiatric abuse is
that of Viktor Davydov. 228 He is finally a free man due to support from
Although
human rights groups such as Amnesty International.2
Davydov experienced harassment by the KGB as early as his teenage
years, his first major experience of violation of privacy occurred in
1979, when his apartment was searched by Soviet officials. 228 They not
only confiscated "subversive" books, but some of Davydov's original
followed on November 29: the charge being
political works.229 An arrest
"socially dangerous acts. '2 0 In September 1980, he was forcibly con-
fined, by court order, to the Kazan Special Psychiatric Hospital.2 31 As
usual, the court slapped on the label of "schizophrenia.
23 2
A distin-
guishing feature of this case is that Davydov was not present in the
courtroom when this sentence was announced since he had already
been diagnosed as being "mentally
''233
ill.
Davydov's description of his
23 4
treatment is similar to the other cases mentioned above.
From Kazan, the authorities transferred Davydov to Blagovesh-
less influential. About half of the amount above are in special psychiatric hospitals as
opposed to the ordinary psychiatric hospitals. Id.
225. Amnesty Bulletin, supra note 206, at 3.
226. Id.
227. Id. Since the fourth amendment protection is obviously not afforded under Soviet
law, this action was probably not considered as drastic as it would have been in the
United States. Id.
228. Id.
229. Id. "Socially dangerous acts" can be used as a "catch-all" and excuse for continuing non-conformist individuals. Id.
230. Id.
231. Id. The term "schizophrenia" can be a "convenient" label used to classify unconventional behavior in the Soviet Union as well as in other countries. Id.
232. Id.
233. Id. The following passage is Davydov's description of his "treatment":
The first day they did things which really broke me up. I refused to cut
my hair or shave my beard, and they did it forcibly. Afterwards, a nurse
came in and gave me two injections. In fifteen minutes I felt something was
happening to me. I became immediately weak and sleepy and I fell on the
bed ... and then began a real nightmare. There were hallucinations. I
could not understand what was reality. I felt somewhere in a desert land,
somewhere underground. I got tablets after breakfast, after lunch and dinner and ...it became difficult to remember anything. Day after day I lost
my intellectual capacities.
Id.
234. Id. The remoteness of the hospital or institution contributes to the goal of isolation from society. Id.
CRIMINAL AND CIVIL CONFINEMENT
[Vol. 14:2
chensk Special Psychiatric Hospital, an austere hospital near the Chinese border.2 3 The building itself had been previously used for a
prison.2 3 Although Davydov was finally released from the entire Soviet
psychiatric system in 1983, the disturbing memories remain and his
37
present thoughts are with those still being abused.1
In September 1983, about a month after his release, Davydov was
summoned by the KGB because of all the letteis they had received
from Amnesty International members in West Germany imploring that
they release Davydov. 3 8 The letters had been one of Davydov's only
means of solace and his link to the outside world. 2 9 They had also
been instrumental in persuading Soviet authorities to release
Davydov. 24 0 The purpose of the 1983 KGB meeting was to implore
Davydov to reply to these letters so that the authorities would no
longer be bothered. 41 Finally, the KGB allowed Davydov to
42
emigrate.
One would expect a letter-writing campaign to be ineffective in securing the release of prisoners. Such is not the case. In the words of
Davydov, "I think it would have been inconvenient for them to return
me to prison .... The only reason why I am not in a psychiatric hospital, why I was not arrested again, is the activity of human rights organizations and other activity in the West in defense of Soviet human
rights. 243
235. Id. See supra note 160 and accompanying text. Many psychiatric hospitals either
resemble prisons or were actually prisons in the past. Id.
236. Id. According to Amnesty International, Davydov felt an obligation to those still
imprisoned and continued communication with them in the face of warnings from the
KGB. The very Christmas after his release, he sent out 300 Christmas cards to the "patients" at the psychiatric hospitals. Id.
237. Id. For information on the overseas offices or activities of Amnesty International,
contact the Northeast Regional Office of Amnesty International, Cambridge,
Massachusetts.
238. Id. See supra note 237.
239. Id.
240. Id. For an understanding of the benefits to prisoners of conscience resulting from
outside letters to Soviet authorities, see supra notes 237-39 and accompanying text.
241. Id. From Davydov's home in New York, he still works to help those still confined
in the Soviet Union. Id. (This information is as of Fall 1985).
242. Id.
243. J. RUBENSTEIN, supra note 66, at 24. According to Rubenstein, Kruschev read a
letter at the Twenty-second Party Congress that was written by Lenin. The letter was
dated 1922 and addressed to "a forthcoming party congress." The letter said "Stalin is
too harsh" and also included a recommendation that he no longer hold the office of general secretary. Id.
19881
CONFINEMENT IN RUSSIA
VI. POST-STALIN CHANGES IN ATTITUDES AND IN THE LAW
After Stalin's death, many Soviet officials had come forth and admitted in essence that they did not like him anyway. 44 Because of the
Soviet officials' detachment from the "evil ways of Stalin" they felt
they could be more lenient towards the artistic community in allowing
them freedom of speech.24 5 In November 1962, Khrushchev had even
approved publication of Alexander Solzhenitsyn's ONE DAY IN THE LIFE
OF IVAN
DENISOVICH, a novel which described in detail the atrocities of
Soviet concentration camps. 2 46 However, holding true to the historical
tendency of Russian rulers to suddenly change their minds,2 4 the Soviet regime needed to retain control. The "Thaw" was giving artists too
much freedom, and
was considered by Soviet authorities to be a threat
24 s
to their control.
In September 1966, the Soviet authorities added Articles 190-I and
190-IH to the criminal code 49 in order to further gain control. These
articles would enable the authorities to convict non-conformists more
easily than under Article 70.250 An illustration of a "successful conviction" under Article 70 is the trial of Sinyavsky and Daniel, two writers
who eventually served several years in hard-labor camps.251
244. Id.
245. Id. According to Edward J. Brown, Solzhenitsyn was a dedicated captain in the
Red Army when he was charged with speaking "disparingly of Stalin and the Soviet
leadership in private letters written to a friend." ONE DAY IN THE LIFE OF IVAN
DENISOVICH is based on Solzhenitsyn's experience serving his "hard labor" sentence. E.
BROWN, supra note 69, at 252.
246. See supra notes 25-30 and accompanying text (the authorities changed their
minds and commuted Dostoevsky's death sentence to hard labour). See supra notes 8393 and accompanying text (the change in attitude by the authorities towards
Akhmatova).
247. J. RUBENSTEIN, supra note 66, at 25. Not long after the publication of Solzhenitsyn's novel, a meeting was called by the Party with Leonid Ilyichev, chairman of the
Ideological Commission of the Central Committee, presiding. The purpose of the meeting
was to ensure the creative community that they would not be able to gain complete
control or freedom. In other words, they were not to assume that "everything is allowed
and there are not restrictions on what one wishes." Id.
248. Id. at 45.
249. Id. at 44-45.
250. J. POWER, supra note 215, at 114. Sinyavsky was an admirer of Pasternak and his
philosophies. J. RUBENSTEIN, supra note 66, at 32. He was requested by Pasternak's wife
and son to be a pallbearer at the funeral of Boris Pasternak. When Sinyavsky's father
was arrested in 1951 on "false charges" and not released until after Stalin's death, Sinyavsky became less dedicated to the Party ideals. His father died soon after release another factor contributing to Sinyavsky's need to "find a more suitable guide." Id. at
32-33. (According to Rubenstein, this guidance was sought and found in "the work and
life of Pasternak."). Id. at 33.
251. Id. at 38. An example of one of Yuli Daniel's stories that enraged the authorities
CRIMINAL AND CIVIL CONFINEMENT
[Vol. 14:2
Concerning the Andrey Sinyavsky and Yuli Daniel trial itself, Joshua
Rubenstein states:
The trial opened in Moscow on February 10, 1966, and lasted
four days. Sinyavsky and Daniel were tried under article 70 of the
criminal code, accused of 'anti-Soviet agitation and propaganda'..
. As the translator Max Hayward once remarked, '[M]any Soviet
writers have been imprisoned, banished, executed, or driven into
silence, but never before after a trial in which
the principal evi252
dence against them was their literary work.'
The Soviet government, although they were successful, had difficulty
proving "anti-Soviet agitation" under Article 70 since the defendants,
Sinyavsky and Daniel, "claimed to be loyal citizens who hoped to rein253
force the Soviet system by eliminating vestiges of Stalinist abuse.
The "sneaky" reasoning behind adding Article 190-I to the criminal
code was that it did not require'that the government
prove the defend254
ants' "intent to weaken Soviet authority.
is "This Is Moscow Speaking" which, according to Joshua Rubenstein, "describes an imaginary Public Murder Day, when the government urges citizens to kill one another."
Daniel was accused of paralleling this incident to Soviet life. Daniel's reply was straightforward. He related events during the Stalin Era: "things happened that were far more
terrible than what I wrote - mass purges and the deportation and annihilation of entire
peoples. What I wrote was child's play by comparison." J. RUBENSTEIN, supra note 66, at
39.
252. Id. at 44-45.
253. Id. at 45-46. Rubenstein explains the real distinction between the different
articles:
In some respects, there is little difference between article 70 and article
190-1. The regime found it just as easy to convict dissidents under either
provision. And a theoretically complete defense for either article - that an
accused believes a statement to be true and can verify it - has never been
accepted by a Soviet court. Defendants have not even been given genuine
opportunities to corroborate the statements for which they are accused by
allowing them to present evidence or call witnesses. The only meaningful
change for the dissidents is that article 190-1 calls for a sentence of up to
three years of deprivation of freedom rather than the maximum of ten
years, plus the five years of exile provided by article 70. In some cases, depending on the nature of a defendant's protest or the attention of the West,
the regime may prosecute under the less severe law, making article 190-1 a
seemingly liberal alternative. On the other hand, article 190-3 covering
demonstrations was designed to retaliate against protesters in clear violation of article 125 of the Soviet constitution, which guarantees the right to
demonstrate peacefully. These changes were not an empty exercise of arbitrary power; within a short time, the government would put them to use.
Id.
254. Glasnost is an extremely difficult concept to define. The gist of the word implies
less secrecy, but the extent of the openness remains to be seen. Sponsoring Organizations: Soviet Jewry Legal Advocacy Center, Civil Rights Division of Anti-Defamation
CONFINEMENT IN RUSSIA
19881
VII.
CONCLUSION:
A CASE EXAMPLE OF POSSIBLE CHANGE
Although it is too early to be overly optimistic about the general situation of confinement of non-conformists, the present Soviet government, as a result of "glasnost," has finally allowed the release of Alex2 55
ander Ogorodnikov.
Ogorodnikov is a Russian Orthodox Catholic who was first accused of
"parasitism" and sentenced in 1978 to a labor camp for one year.25 6
Soon after his first sentencing, he was accused of "agitation and propa257
ganda" and "re-sentenced" while still serving the labor camp term.
Six hundred fifty-nine days of his labor camp term were spent on a
hunger strike because of the Soviet authorities' refusal to give him a
Bible. " 8 His relatives were only allowed to visit him once during the
labor camp sentence.2 59 Because of Ogorodnikov's misbehavior, he was
placed in the punishment cells for three days.210 For 411 days,
Ogorodnikov endured the labor camp's internal prison. 6 ' Because of
the overwhelming horror of the experiences, Ogorodnikov wrote a letter
to his mother in which he requested her to inform the State of his wish
to be executed out of mercy. 62 He even attempted suicide on three
separate occasions, despite the fact that this act was against his religious beliefs. 263
In April 1986, Ogorodnikov was sentenced to another three years
that would have been added to his already devastating term of six
years in prison and five years in internal exile.2 64 (The prison sentence
mentioned above for "anti-Soviet agitation and propaganda" was
under Article 70 of the RSFSR Criminal Code). 26 5 The extended senLeague of B'Nai B'Rith, American Jewish Congress, Human Rights Program at Harvard
Law School, Dissent and Religious Persecution in the Soviet Union: A Symposium 111-5
(Case Summary #4) (1986) [hereinafter cited as Amnesty Report]. Update information
on Ogorodnikov's release obtained from the Director of the Northeast Regional Office of
Amnesty International, Joshua Rubenstein.
255. Amnesty Report, supra notes 114 and 254, at HI-5.
256. Id. See supra note 251 and accompanying text concerning the trial of Sinyavsky
and Daniel.
257. Id.
258. Id. This is another example of isolation from the outside world as a means of
confinement.
259. Id. See supra notes 115-22 and accompanying text for a general description of the
labor colonies and prisons.
260. Id. See supra notes 115-22 and accompanying text.
261. Id.
262. Id.
263. Id. Exile, like isolation, confines the prisoner to a "safe location", where his or her
influence is less meaningful.
264. Id. See supra notes 248-53 and accompanying text.
265. Id.
CRIMINAL AND CIVIL CONFINEMENT
[Vol. 14:2
tence was for violation of rules of the labor camp. 266
Ogorodnikov's original "crime" was not conforming to all of the
strict requirements of the state in regard to the regulation of religion.2 17 As founder of the Christian seminary movement in the Soviet
Union, he was not highly regarded by the authorities. 2 6s However, their
intermittent leniency resulted in his release.
The year 1987 turned out to be a year of optimism for several political prisoners in the Soviet Union, those who were finally given freedom. 2 9 Hopefully, this open-mindedness will continue and others will
experience these optimistic results. Perhaps in the future, non-conformity will be tolerated and even accepted. It is difficult to understand why some prisoners, such as Ogorodnikov, were given freedom
while others are still confined. Perhaps this inconsistency will never be
clarified. Eventually, a historical pattern will evolve, revealing either a
repeated trend of confinement as punishment for non-conformity or a
new direction towards leniency for individualism.
Edward J. Brown in his book, RUSSIAN LITERATURE SINCE THE
REVOLUTION, quoted a prophetic passage from the writer Eugene Zamyatin who was well-known for his anti-utopian novel, WE.270 Brown used
this passage as a final comment for a section about "The Thaw. 2 1
This same quote captures the essence of this article on confinement
and non-conformity:
Yesterday... there was a czar and there were slaves; today there
is no czar, but there are still slaves; tomorrow there will be only
czars. We are marching in the name of tomorrow's free man, the
czar. We have lived through the epoch of the suppression of the
masses; we are now living through the epoch of the suppression of
the individual in the name of the Masses; but tomorrow will bring
the liberation of the individual in the name of humanity 272
MARGARET ANN WHEELER
266. Id. Information also received from the Director of the Northeast Regional Office
of Amnesty International.
267. Amnesty Report, supra notes 114 and 254, at 111-5.
268. See supra note 254 concerning update information from Amnesty International.
(For addresses of people presently confined in prisons and hospitals, contact the regional
offices of Amnesty International. Writing to these addresses in protest of these forms of
confinement often influences the governments or authorities in control to "take action"
and release these "prisoners.").
269. E. BROWN, supra note 69, at 17.
270. Id. at 16-18.
271. Id. at 17-18.
272. Id.