Права человека в Советском Союзе: Ограничения и искажения

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Human rights in the Soviet Union were severely limited. The Soviet Union was a totalitarian state from 1927 until 1953 and a one party state until 1990. Freedom of speech was suppressed and dissent was punished. Independent political activities were not tolerated, whether they involved participation in free labor unions, private corporations, independent churches or opposition political parties. The citizens' freedom of movement was limited both inside and outside the country. In practice, the Soviet government significantly curbed the very powerful rule of law, civil liberties, protection of law and guarantees of property, 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. 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. 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. Some Soviet legal scholars even said that "criminal repression" may be applied in the absence of guilt. 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 " An extensive network of civilian informants – either volunteers, or those forcibly recruited – was used to collect intelligence for the government and report cases of suspected dissent. Its theoretical basis was the theory of Marxism concerning class struggle. The terms "repression", "terror", and other strong words were official working terms, since the dictatorship of the proletariat was supposed to suppress the resistance of other social classes, which Marxism considered antagonistic to the class of the proletariat. The legal basis of the repression was formalized into Article 58 in the code of the RSFSR and similar articles for other Soviet republics. Aggravation of class struggle under socialism was proclaimed during the Stalinist terror.

Censorship in the Soviet Union was pervasive and strictly enforced. This gave rise to Samizdat, a clandestine copying and distribution of government suppressed literature. Art, literature, education, and science were placed under strict ideological scrutiny, since they were supposed to serve the interests of the victorious proletariat. Socialist realism is an example of such teleologically oriented art that promoted socialism and communism. All humanities and social sciences were tested for strict accordance with historical materialism. All natural sciences were to be founded on the philosophical base of dialectical materialism. Many scientific disciplines, such as genetics, cybernetics, and comparative linguistics, were suppressed in the Soviet Union during some periods, condemned as "bourgeois pseudoscience". At one point Lysenkoism, which many consider a pseudoscience, was favored in agriculture and biology. In the 1930s and 1940s, many prominent scientists were declared to be "wreckers" or enemies of the people and imprisoned. Some scientists worked as prisoners in "Sharashkas" (research and development laboratories within the Gulag labor camp system). According to the Soviet Criminal Code, agitation or propaganda carried on for the purpose of weakening Soviet authority, or circulating materials or literature that defamed the Soviet State and social system were punishable by imprisonment for a term of 2–5 years; for a second offense, punishable for a term of 3–10 years.

According to communist ideologists, the Soviet political system was a true democracy, where workers' councils ("soviets") represented the will of the working class. In particular, the Soviet Constitution of 1936 guaranteed direct universal suffrage with a secret ballot. Practice, however, departed from principle. For example, all candidates were selected by Communist Party organizations, until democratization and the March 1989 elections. Historian Robert Conquest described the Soviet electoral system as "a set of phantom institutions and arrangements which put a human face on the hideous realities: a model constitution adopted in a worst period of terror and guaranteeing human rights, elections in which there was only one candidate, and in which 99 percent voted; a parliament at which no hand was ever raised in opposition or abstention."

Personal property was allowed with limitations. Real property mostly belonged to the State. Many forms of private trade with the intent of gaining profit were considered "speculation" (спекуляция) and banned as a criminal offense to be punished with fines, imprisonment, confiscation and/or corrective labor. "Speculation" was specifically defined in article 154 of the Penal Code of the USSR. Health, housing, education, and nutrition were formally guaranteed through the provision of full employment and economic welfare structures, The 1932–33 famine was caused primarily by Soviet mandated collectivization, although the famine in part was also caused by natural conditions. In response to frequent shortages, massive second economy existed for all categories of goods and services.

Workers were not allowed to organize free unions. All existing unions were organized and controlled by the state. All political youth organizations, such as Pioneer movement and Komsomol served to enforce the policies of the Communist Party. Participation in unauthorized political organizations could result in imprisonment. Many Orthodox (along with peoples of other faiths) were also subjected to psychological punishment or torture and mind control experimentation in an attempt to force them give up their religious convictions (see Punitive psychiatry in the Soviet Union). Practicing Orthodox Christians were restricted from prominent careers and membership in communist organizations (e. g. the party and the Komsomol). Anti religious propaganda was openly sponsored and encouraged by the government, to which the Church was not given an opportunity to publicly respond. Seminaries were closed down, and the church was restricted from publishing materials. Atheism was propagated through schools, communist organizations, and the media. Organizations such as the Society of the Godless were created.

Emigration and any travel abroad were not allowed without explicit permission from the government. People who were not allowed to leave the country and campaigned for their right to leave in the 1970s were known as "refuseniks". In the Soviet Criminal Code, a refusal to return from abroad was treason, punishable by imprisonment for a term of 10–15 years, or by death with confiscation of property. Its most important samizdat publication, the Chronicle of Current Events, circulated its first number
in April 1968, after the United Nations declared that it would be the International Year for Human Rights (20 years since Universal Declaration was issued), and continued for the next 15 years until closed down in 1983. A succession of dedicated human rights groups were set up after 1968: the Action Group for the Defense of Human Rights in the USSR went public in May 1969 with an appeal to the UN Human Rights Committee; the Committee on Human Rights in the USSR was established in 1970; and a Soviet section of Amnesty International appeared in 1973. The groups variously wrote appeals, collected signatures for petitions, and attended trials. The eight member countries of the Warsaw Pact signed the Helsinki Final Act in August 1975. The "third basket" of the Final Act included extensive human rights clauses. In the years 1976–77, several "Helsinki Watch Groups" emerged in the USSR, to monitor the Soviet Union's compliance with the Helsinki Final Act. The first group was the Moscow Helsinki Group, followed by groups in Ukraine, Lithuania, Georgia and Armenia. They succeeded in unifying different branches of the human rights movement. Most were released during the course of the year, spurred on by the death in prison of veteran dissident Anatoly Marchenko in December 1986. Soon ethnic minorities, confessional groups and entire nations were asserting their rights, respectively, to cultural autonomy, freedom of religion and, led by the Baltic states, to national independence. Just as glasnost did not represent "freedom of speech", so attempts by activists to hold their own events and create independent associations and political movements met with disapproval and obstruction from Gorbachev and his Politburo. Early in December 1987 Shevardnadze, Yakovlev and Chebrikov reported on a proposed human rights seminar to be held in Moscow on 10–14 December 1987 with guests from abroad, and suggested ways of undermining, restricting and containing the event organised by former Soviet dissidents. The reaction to a similar proposal seven months later was much the same. As they conceded more and more of the rights over which the Communists had established their monopoly in the 1920s, events and organisations not initiated or overseen by the regime were frowned on and discouraged by the supposedly liberal authorities of the brief and ambivalent period of perestroika and official glasnost. In the remaining two and a half years the rate of change accelerated. The Congress of People's Deputies held its second autumnal session in 1989 during a nationwide miners' strike. One consequence was the abolition in March 1990 of Article 6 of the Soviet Constitution (1977), which had explicitly established the primacy of the Communist Party within the Soviet State, a hitherto unspoken but all pervasive dominance of the system. The authorities formed units of riot police OMON to deal with the mounting protests and rallies across the USSR. In Moscow, these culminated in a vast demonstration in January 1991, denouncing the actions of Gorbachev and his administration. The demonstrations in Lithuania, Tbilisi, Baku and Tajikistan have been suppressed resulting in deaths of many protesters