Sham Trials

From 10 January 1906 the Russian Empire introduced field courts-martial in the Terek oblast - to them were handed over "...persons who have committed murder, brigandage, robbery and attack on a sentry or military guard, as well as armed resistance to the authorities and attack on the ranks of the troops and the police and on all officials in general..."; during the work of these courts, until 19 April 1907, 195 people in the Caucasus were sentenced to death and another 47 condemned to katorga^[1].

On 9 May 1924 the Soviet Union, by a secret resolution of the Presidium of the Central Executive Committee (TsIK), gave the OGPU "the right of extrajudicial reprisal against bandits and their accomplices, namely: expulsion from the given locality, confinement in a concentration camp for a term of up to 3 years, and the application of the supreme measure of punishment - shooting", and prescribed that the republics declare localities "unfavorable in respect of banditry", where the GPU organs "are entitled to decide at their own discretion any case of banditry"^[2]. The Chechen authorities already in that same May telegraphed the center: "Sanction the creation of a tribunal or a political troika"^[3]. The troikas that went to work, "composed of an official of the procuracy, the GPU and the first party leader, — as a rule, passed sentences in absentia — on the basis of the submitted documents, often without even questioning the accused. Of any participation of a defense in the proceedings there could be no talk"^[1].

The instruction on mass searches, issued for the operation by the staff of the OGPU (the political police, a predecessor of today's FSB), establishes that until the end of the investigation the arrested are concentrated at the staffs of the OGPU district groups, and of what follows point 19 says: "The procedure for conducting the investigation and the further routing of the arrested is provided for in the regulations on the troikas for the extrajudicial examination of cases"^[4]. The "Main Tasks of the Special Operational Groups of the OGPU", approved by Yevdokimov, plenipotentiary representative of the OGPU for the krai, Uborevich, commander of the North Caucasus Military District, and Volodin, member of the district's Revolutionary Military Council, include the same procedure directly in the list of tasks: "The removal of the counter-revolutionary, bandit and other criminal anti-Soviet element... the registration of the same, the conduct of the investigation and the extrajudicial examination of their cases and their transportation to the place of destination"^[4]. Through this procedure passed 183 of the more than three hundred arrested in the course of the operation - the investigation of their cases ended in extrajudicial shooting^[1]. The OGPU had received the right of extrajudicial reprisal a year earlier - by a secret resolution of the Presidium of the TsIK of 9 May 1924 (campaign C1176); the operation's instruction applied it to the arrested.

The OGPU (the political police, a predecessor of today's FSB) passed sentences on arrested Chechens by "troikas" - commissions of three: without trial, without defense counsel, up to execution by shooting. In Chechnya the extrajudicial procedure had operated since the 1920s: Kraft served as deputy head of the Chechen oblast department of the GPU - the oblast link of the political police - and worked with troikas as early as 1924: on 20 August the leadership of the Chechen oblast executive committee, on his report, resolved "to deem necessary the extension of the term of functioning of the troika for extrajudicial hearing by two months"^[5]. On 2 February 1930 deputy chairman of the OGPU Yagoda signed order No. 44/21 "On measures for the liquidation of the kulaks as a class" - "kulaks" was what the colonizers called peasants they themselves declared well-off^[6]. Under this order the OGPU created troikas: cases in them were examined without trial, and the panel was made up of representatives of the krai committee of the party, of the procuracy, and Chekists^[5]. The troikas received the cases of the "first category" - the peasants whom the supreme organ of the occupation power (the "Politburo of the TsK VKP(b)"), by its secret resolution of 30 January 1930, had consigned to concentration camps, up to execution by shooting^[6]. In the autumn of 1931, after the killing by the Chekists of Shita Istamulov - leader of the 1929 uprising in Shali, - the GPU carried out a wave of mass arrests across Chechnya. The Chechen historian A. G. Avtorkhanov, who worked in Chechnya in those years and later wrote about it in emigration, writes of the trial of the arrested: "The arrested were convicted by an extraordinary 'troika' of the GPU specially created for the purpose, chaired by its chief G. Kraft", and "few of them ever returned to freedom"^[7]. The count of the arrested diverges among the sources: the historians give up to 35 thousand, while by the OGPU's own memorandum of 31 July 1931, 20,230 people passed through the extrajudicial troikas of the whole North Caucasus krai in 1930^[6]. The troika worked after the March 1932 uprising in the Nozhay-Yurt district of Chechnya as well: Yevdokimov, head of the OGPU for the North Caucasus krai, at a secret conference of the secretaries of the national oblast committees of the party in Rostov on 15 December 1932, reported the tally of the Chekists' "work" on the results of the uprising: "...745, of them 386 screened out, 359 brought before the troika, 100 people sentenced to 10 down to 3 years, 188 conditionally, 166 released"^[5].

An extrajudicial organ - the "troika" - passed sentences in Chechen-Ingushetia under operational order No. 00447 of Yezhov, the People's Commissar (minister) of Internal Affairs of the USSR, of 30 July 1937, and Yezhov confirmed the troika's composition in the text of the order: "I confirm the following personal composition of the republican, krai and oblast troikas: ... Chechen-Ingush ASSR: chairman - Dementyev; members Yegorov, Vakhayev"^[8] - Dementyev, People's Commissar (minister) of Internal Affairs of the republic; Yegorov, first secretary of the oblast committee of the party; and Vakhayev, second secretary. The historian G. I. Kakagasanov describes the institution: "An extrajudicial organ created for carrying out punitive policy... Its composition included: the head of the OGPU, the secretary of the party organization, the prosecutor of the republic, krai or oblast"^[9]. The troika's procedure and its regime of secrecy are prescribed in the text of the order: the troikas examine "the materials on each arrested person or group of arrested persons", and first-category sentences are carried out "with the obligatory full preservation in secrecy of the time and place of the carrying out of the sentence"^[8]. The NKVD (the People's Commissariat (ministry) of Internal Affairs - successor of the OGPU and a predecessor of today's FSB) did not inform the families of the condemned of the execution; Kakagasanov writes: "More often this took place under the formula 'convicted without the right of correspondence', which meant 'execution by shooting'"^[9]. Historians Ya. Z. Akhmadov and E. Kh. Khasmagomadov describe also "conviction by albums" - sentencing in absentia on a brief docket, "without acquaintance with the criminal case itself"^[1]: that procedure was set by the orders of the "national lines" of the terror, beginning with NKVD order No. 00485. The investigation of the case of the "bourgeois-nationalist center" lasted, by the count of the Chechen historian A. G. Avtorkhanov - a contemporary of the events who wrote in emigration - exactly three years^[7]. The Chekists chose not to try 137 people in a single trial and split the "center" into three groups: into the first they gathered the Soviet-party leadership of the republic - Ali Gorchkhanov, Abdul-Khalim Salamov, Khasi Vakhayev, Khamid Okuyev and Tuchaev; into the second - non-party men whom the investigation called the cultural-ideological leadership - Khalid Yandarov, Akhmat Matsiev, Abdurakhman Avtorkhanov, D. Malsagov, Magomed Mamakayev; into the third - a "terrorist group", into which "the Chekists gathered, by the logic of things, young people alone"^[7]. The groups came before the military tribunal of the North Caucasus Military District; Avtorkhanov writes: "of the roughly 120 people who reached the trial alive, only one - the former mullah Akhmat Tuchaev - admitted his guilt. All the rest declared with one voice that all the crimes imputed to them were an invention, and their 'sincere confessions' false and fabricated from beginning to end", "The entire charge and the evidence in the case were built exclusively on this personal testimony extracted by torture", "There was no other material evidence or witness testimony to substantiate the charge" - and the tribunal passed its guilty verdict on the first group "solely on the basis of the testimony of one defendant – A. Tuchaev"^[7]. The tribunal sentenced Abdul-Khalim Salamov, Ali Gorchkhanov and Tuchaev to be shot, the rest - to prison terms of 7 to 25 years^[7]. From the death cell Tuchaev submitted a petition for clemency addressed to Kalinin, chairman of the Presidium of the Supreme Soviet of the USSR, and wrote in it: he had confessed to crimes he had not committed because only so had the NKVD promised to free his family and spare his life^[7]. Moscow commuted the death sentences of all three and reduced the terms of the others; the "terrorist group" the same tribunal released in its entirety, the case of the "culture-ideologists" it "did not accept for proceedings at all", and those who sat without "cases" the Chekists put through the Special Board - the NKVD's own departmental "court", which passed sentences with no trial and no defendant present^[7].