[Y. Ginzburg writes that permission for "physical measures of persuasion" was given in April, 1938. V. Shalamov believes that tortures were permitted from the middle of 1938 on. The old prisoner M------ch is convinced that there was an "order to simplify the questioning and to change from psychological methods to physical methods." Ivanov-Razumnik singles out the middle of 1938 as the "period of the most cruel interrogations."]
There were never any spiritual or moral barriers which could have held the Organs back from torture. In the early postwar years, in the Cheka Weekly, The Red Sword, and Red Terror, the admissibility of torture from a Marxist point of view was openly debated. Judging by the subsequent course of events, the answer deduced was positive, though not universally so.
It is more accurate to say that if before 1938 some kind of formal documentation was required as a preliminary to torture, as well as specific permission for each case under investigation (even though such permission was easy to obtain), then in the years 1937-1938, in view of the extraordinary situation prevailing (the specified millions of admissions to the Archipelago had to be ground through the apparatus of individual interrogation in specified, limited periods, something which had simply not happened in the mass waves of kulaks and nationalities), interrogators were allowed to use violence and torture on an unlimited basis, at their own discretion, and in accordance with the demands of their work quotas and the amount of time they were given. The types of torture used were not regulated and every kind of ingenuity was permitted, no matter what.
In 1939 such indiscriminate authorization was withdrawn, and once again written permission was required for torture, and perhaps it may not have been so easily granted. (Of course, simple threats, blackmail, deception, exhaustion through enforced sleeplessness, and punishment cells were never prohibited.) Then, from the end of the war and throughout the postwar years, certain categories of prisoners were established by decree for whom a broad range of torture was automatically permitted. Among these were nationalists, particularly the Ukrainians and the Lithuanians, especially in those cases where an underground organization existed (or was suspected) that had to be completely uncovered, which meant obtaining the names of everyone involved from those already arrested. For example, there were about fifty Lithuanians in the group of Romualdas Skyrius, the son of Pranus. In 1945 they were charged with posting anti-Soviet leaflets. Because there weren't enough prisons in Lithuania at the time, they sent them to a camp near Velsk in Archangel Province. There some were tortured and others simply couldn't endure the double regime of work plus interrogation, with the result that all fifty, to the very last one, confessed. After a short time news came from Lithuania that the real culprits responsible for the leaflets had been discovered, and none of the first group had been involved at all!In 1950, at the Kuibyshev Transit Prison, I encountered a Ukrainian from Dnepropetrovsk who had been tortured many different ways in an effort to squeeze "contacts" and names out of him. Among the tortures to which he had been subjected was a punishment cell in which there was room only to stand. They shoved a pole inside for him to hold on to so that he could sleep—for four hours a day. After the war, they tortured Corresponding Member of the Academy of Sciences Levina because she and the Alliluyevs had acquaintances in common.
It would also be incorrect to ascribe to 1937 the "discovery" that the personal confession of an accused person was more important than any other kind of proof or facts. This concept had already been formulated in the twenties. And 1937 was just the year when the brilliant teaching of Vyshinsky came into its own. Incidentally, even at that time, his teaching was transmitted only to interrogators and prosecutors—for the sake of their morale and steadfastness. The rest of us only learned about it twenty years later—when it had already come into disfavor—through subordinate clauses and minor paragraphs of newspaper articles, which treated the subject as if it had long been widely known to all.
It turns out that in that terrible year Andrei Yanuaryevich (one longs to blurt out, "Jaguaryevich") Vyshinsky, availing himself of the most flexible dialectics (of a sort nowadays not permitted either Soviet citizens or electronic calculators, since to them yes is yes and no is no), pointed out in a report which became famous in certain circles that it is never possible for mortal men to establish absolute truth, but relative truth only. He then proceeded to a further step, which jurists of the last two thousand years had not been willing to take: that the truth established by interrogation and trial could not be absolute, but only, so to speak, relative. Therefore, when we sign a sentence ordering someone to be shot we can never be absolutely certain, but only approximately, in view of certain hypotheses, and in a certain sense, that we are punishing a guilty person.
[Perhaps Vyshinsky, no less than his listeners, needed this ideological comfort at this time. When he cried out from the prosecutor's platform: "Shoot them all like mad dogs!" he, at least, who was both evil and quick of mind, understood that the accused were innocent. And in all probability he and that whale of Marxist dialectics, the defendant Bukharin, devoted themselves with all the greater passion to the dialectical elaboration of the judicial lie: for Bukharin it was too stupid and futile to die if he was altogether innocent (thus he needed to find his own guilt!); and for Vyshinsky it was more agreeable to see himself as a logician than as a plain downright scoundrel. ]
Thence arose the most practical conclusion: that it was useless to seek absolute evidence—for evidence is always relative—or unchallengeable witnesses—for they can say different things at different times. The proofs of guilt were relative, approximate, and the interrogator could find them, even when there was no evidence and no witness, without leaving his office, "basing his conclusions not only on his own intellect but also on his Party sensitivity, his moral forces" (in other words, the superiority of someone who has slept well, has been well fed, and has not been beaten up) "and on his character" (i.e., his willingness to apply cruelty!).
Of course, this formulation was much more elegant than Latsis' instructions. But the essence of both was the same.
In only one respect did Vyshinsky fail to be consistent and retreat from dialectical logic: for some reason, the executioner's bullet which he allowed was not relative but absolute. . . .
Thus it was that the conclusions of advanced Soviet jurisprudence, proceeding in a spiral, returned to barbaric or medieval standards. Like medieval torturers, our interrogators, prosecutors, and judges agreed to accept the confession of the accused as the chief proof of guilt.
[Compare the Fifth Amendment to the Constitution of the United States: "Nor shall [any person] be compelled in any criminal case to be a witness against himself." Not be compelled! (The same thing appears in the seventeenth- century Bill of Rights.)]
However, the simple-minded Middle Ages used dramatic and picturesque methods to squeeze out the desired confessions: the rack, the wheel, the bed of nails, impalement, hot coals, etc. In the twentieth century, taking advantage of our more highly developed medical knowledge and extensive prison experience (and someone seriously defended a doctoral dissertation on this theme), people came to realize that the accumulation of such impressive apparatus was superfluous and that, on a mass scale, it was also cumbersome. And in addition . . .
In addition, there was evidently one other circumstance. As always, Stalin did not pronounce that final word, and his subordinates had to guess what he wanted. Thus, like a jackal, he left himself an escape hole, so that he could, if he wanted, beat a retreat and write about "dizziness from success." After all, for the first time in human history the calculated torture of millions was being undertaken, and, even with all his strength and power, Stalin could not be absolutely sure of success. In dealing with such an enormous mass of material, the effects of the experiment might differ from those obtained from a smaller sample. An unforeseen explosion might take place, a slippage in a geological fault, or even world-wide disclosure. In any case, Stalin had to remain innocent, his sacred vestments angelically pure.
We are therefore forced to conclude that no list of tortures and torments existed in printed form for the guidance of interrogators! Instead, all that was required was for every Interrogation Department to supply the tribunal within a specified period with a stipulated number of rabbits who had confessed everything. And it was simply stated, orally but often, that any measures and means employed were good, since they were being used for a lofty purpose; that no interrogator would be made to answer for the death of an accused; and that the prison doctor should interfere as little as possible with the course of the investigation. In all probability, they exchanged experiences in comradely fashion; "they learned from the most successful workers." Then, too, "material rewards" were offered—higher pay for night work, bonus pay for fast work—and there were also definite warnings that interrogators who could not cope with their tasks . . . Even the chief of some provincial NKVD administration, if some sort of mess developed, could show Stalin his hands were clean: he had issued no direct instructions to use torture! But at the same time he had ensured that torture would be used!
Understanding that their superiors were taking precautions for self-protection, some of the rank-and-file interrogators—not, however, those who drank like maniacs—tried to start off with milder methods, and even when they intensified them, they tried to avoid those that left obvious marks: an eye gouged out, an ear torn off, a backbone broken, even bruises all over the body.
That is why in 1937 we observe no general consistency of methods—except for enforced sleeplessness—in the administrations of the various provinces, or for that matter among the different interrogators of a single administration.
[It is common talk that Rostov-on-the-Don and Krasnodar were particularly distinguished for the cruelty of their tortures, but this has not been proved.]
What they did have in common, however, was that they gave precedence to the so-called light methods (we will see what they were immediately). This way was sure. Indeed, the actual boundaries of human equilibrium are very narrow, and it is not really necessary to use a rack or hot coals to drive the average human being out of his mind.
Let us try to list some of the simplest methods which break the will and the character of the prisoner without leaving marks on his body.
Let us begin with psychological methods. These methods have enormous and even annihilating impact on rabbits who have never been prepared for prison suffering. And it isn't easy even for a person who holds strong convictions.
1. First of all: night. Why is it that all the main work of breaking down human souls went on at night? Why, from their very earliest years, did the Organs select the night? Because at night, the prisoner torn from sleep, even though he has not yet been tortured by sleeplessness, lacks his normal daytime equanimity and common sense. He is more vulnerable.
2. Persuasion in a sincere tone is the very simplest method. Why play at cat and mouse, so to speak? After all, having spent some time among others undergoing interrogation, the prisoner has come to see what the situation is. And so the interrogator says to him in a lazily friendly way: "Look, you're going to get a prison term whatever happens. But if you resist, you'll croak right here in prison, you'll lose your health. But if you go to camp, you'll have fresh air and sunlight. ... So why not sign right now?" Very logical. And those who agree and sign are smart, if ... if the matter concerns only themselves! But that's rarely so. A struggle is inevitable.
Another variant of persuasion is particularly appropriate to the Party member. "If there are shortages and even famine in the country, then you as a Bolshevik have to make up your mind: can you admit that the whole Party is to blame? Or the whole Soviet government?" "No, of course not!" the director of the flax depot hastened to reply. "Then be brave, and shoulder the blame yourself!" And he did!
3. Foul language is not a clever method, but it can have a powerful impact on people who are well brought up, refined, delicate. I know of two cases involving priests, who capitulated to foul language alone. One of them, in the Butyrki in 1944, was being interrogated by a woman. At first when he'd come back to our cell he couldn't say often enough how polite she was. But once he came back very despondent, and for a long time he refused to tell us how, with her legs crossed high, she had begun to curse. (I regret that I cannot cite one of her little phrases here.)
4. Psychological contrast was sometimes effective: sudden reversals of tone, for example. For a whole or part of the interrogation period, the interrogator would be extremely friendly, addressing the prisoner formally by first name and patronymic, and promising everything. Suddenly he would brandish a paper-weight and shout: "Foo, you rat! I'll put nine grams of lead in your skull!" And he would advance on the accused, clutching hands outstretched as if to grab him by the hair, fingernails like needles. (This worked very, very well with women prisoners.)
Or as a variation on this: two interrogators would take turns. One would shout and bully. The other would be friendly, almost gentle. Each time the accused entered the office he would tremble—which would it be? He wanted to do everything to please the gentle one because of his different manner, even to the point of signing and confessing to things that had never happened.
5. Preliminary humiliation was another approach. In the famous cellars of the Rostov-on-the-Don GPU (House 33), which were lit by lenslike insets of thick glass in the sidewalk above the former storage basement, prisoners awaiting interrogation were made to lie face down for several hours in the main corridor and forbidden to raise their heads or make a sound. They lay this way, like Moslems at prayer, until the guard touched a shoulder and took them off to interrogation. Another case: At the Lubyanka, Aleksandra O------va refused to give the testimony demanded of her. She was transferred to Lefortovo. In the admitting office, a woman jailer ordered her to undress, allegedly for a medical examination, took away her clothes, and locked her in a "box" naked. At that point the men jailers began to peer through the peephole and to appraise her female attributes with loud laughs. If one were systematically to question former prisoners, many more such examples would certainly emerge. They all had but a single purpose: to dishearten and humiliate.
6. Any method of inducing extreme confusion in the accused might be employed. Here is how F.I.V. from Krasnogorsk, Moscow Province, was interrogated. (This was reported by I. A. P------ev.) During the interrogation, the interrogator, a woman, undressed in front of him by stages (a striptease!), all the time continuing the interrogation as if nothing were going on. She walked about the room and came close to him and tried to get him to give in. Perhaps this satisfied some personal quirk in her, but it may also have been cold-blooded calculation, an attempt to get the accused so muddled that he would sign. And she was in no danger. She had her pistol, and she had her alarm bell.
7. Intimidation was very widely used and very varied. It was often accompanied by enticement and by promises which were, of course, false. In 1924: "If you don't confess, you'll go to the Solovetsky Islands. Anybody who confesses is turned loose." In 1944: "Which camp you'll be sent to depends on us. Camps are different. We've got hard-labor camps now. If you confess, you'll go to an easy camp. If you're stubborn, you'll get twenty-five years in handcuffs in the mines!" Another form of intimidation was threatening a prisoner with a prison worse than the one he was in. "If you keep on being stubborn, we'll send you to Lefortovo" (if you are in the Lubyanka), "to Sukhanovka" (if you are at Lefortovo). "They'll find another way to talk to you there." You have already gotten used to things where you are; the regimen seems to be not so bad; and what kind of torments await you elsewhere? Yes, and you also have to be transported there. . . . Should you give in?
Intimidation worked beautifully on those who had not yet been arrested but had simply received an official summons to the Bolshoi Dom—the Big House. He (or she) still had a lot to lose. He (or she) was frightened of everything—that they wouldn't let him (or her) out today, that they would confiscate his (or her) belongings or apartment. He would be ready to give all
kinds of testimony and make all kinds of concessions in order to avoid these dangers. She, of course, would be ignorant of the Criminal Code, and, at the very least, at the start of the questioning they would push a sheet of paper in front of her with a fake citation from the Code: "I have been warned that for giving false testimony . . . five years of imprisonment." (In actual fact, under Article 95, it is two years.) "For refusal to give testimony—five years . . ." (In actual fact, under Article 92, it is up to three months.) Here, then, one more of the interrogator's basic methods has entered the picture and will continue to re-enter it.
8. The lie. We lambs were forbidden to lie, but the interrogator could tell all the lies he felt like. Those articles of the law did not apply to him. We had even lost the yardstick with which to gauge: what does he get for lying? He could confront us with as many documents as he chose, bearing the forged signatures of our kinfolk and friends—and it would be just a skillful interrogation technique.
Intimidation through enticement and lies was the fundamental method for bringing pressure on the relatives of the arrested person when they were called in to give testimony. "If you don't tell us such and such" (whatever was being asked), "it's going to be the worse for him. . . . You'll be destroying him completely." (How hard for a mother to hear that!)
[Under the harsh laws of the Tsarist Empire, close relatives could refuse to testify. And even if they gave testimony at a preliminary investigation, they could choose to repudiate it and refuse to permit it to be used in court. And, curiously enough, kinship or acquaintance with a criminal was never in itself considered evidence.]
The Gulag Archipelago Page 13
