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Human rights in the Soviet Union

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Through Human rights, Soviet Union and Totalitarianism

In practice, the Soviet government significantly curbed the very powerful rule of law, civil liberties, protection of law and guarantees of property, which were considered examples of "bourgeois morality" by Soviet legal theorists such as Andrey Vyshinsky. The Soviet Union signed legally-binding human rights documents, such as the International Covenant on Civil and Political Rights in 1973, but they were neither widely known or accessible to people living under Communist rule, nor were they taken seriously by the Communist authorities. Human rights activists in the Soviet Union were regularly subjected to harassment, repressions and arrests.

According to the Universal Declaration of Human Rights, human rights are the "basic rights and freedoms to which all humans are entitled." including the right to life and liberty, freedom of expression, and equality before the law; and social, cultural and economic rights, including the right to participate in culture, the right to food, the right to work, and the right to education.

The Soviet conception of human rights was very different from international law. According to Soviet legal theory, "it is the government who is the beneficiary of human rights which are to be asserted against the individual". The Soviet state was considered as the source of human rights. Therefore, the Soviet legal system considered law an arm of politics and it also considered courts agencies of the government. Extensive extrajudicial powers were given to the Soviet secret police agencies. In practice, the Soviet government significantly curbed the rule of law, civil liberties, protection of law and guarantees of property, which were considered as examples of "bourgeois morality" by Soviet law theorists such as Andrey Vyshinsky.

The USSR and other countries in the Soviet Bloc had abstained from affirming the Universal Declaration of Human Rights (1948), saying that it was "overly juridical" and potentially infringed on national sovereignty. The Soviet Union later signed legally-binding human rights documents, such as the International Covenant on Civil and Political Rights in 1973 (and the 1966 International Covenant on Economic, Social and Cultural Rights), but they were neither widely known or accessible to people living under Communist rule, nor were they taken seriously by the Communist authorities. Under Joseph Stalin, the death penalty was extended to adolescents as young as 12 years old in 1935.

Sergei Kovalev recalled "the famous article 125 of the Constitution which enumerated all basic civil and political rights" in the Soviet Union. But when he and other prisoners attempted to use this as a legal basis for their abuse complaints, their prosecutor's argument was that "the Constitution was written not for you, but for American Negroes, so that they know how happy the lives of Soviet citizens are".

Crime was determined not as the infraction of law, instead, it was determined as any action which could threaten the Soviet state and society. For example, a desire to make a profit could be interpreted as a counter-revolutionary activity punishable by death. The liquidation and deportation of millions of peasants in 1928–31 was carried out within the terms of the Soviet Civil Code. Some Soviet legal scholars even said that "criminal repression" may be applied in the absence of guilt. Martin Latsis, chief of Soviet Ukraine's secret police explained: "Do not look in the file of incriminating evidence to see whether or not the accused rose up against the Soviets with arms or words. Ask him instead to which class he belongs, what is his background, his education, his profession. These are the questions that will determine the fate of the accused. That is the meaning and essence of the Red Terror."

The purpose of public trials was "not to demonstrate the existence or absence of a crime – that was predetermined by the appropriate party authorities – but to provide yet another forum for political agitation and propaganda for the instruction of the citizenry (see Moscow Trials for example). Defense lawyers, who had to be party members, were required to take their client's guilt for granted..."

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