CHAPTER X
CORRECTIVE LABOR

The title of this chapter defines the attitude of the Soviet government toward those persons whom it sets apart from society for a time. It is almost necessary to see what they have done in this line to understand it properly. The institutions in which the policy is carried out have moved many people to warm praise. M. Herriot of France, on visiting the Kharkov Labor Commune exclaimed, “I am not a Communist. I am an old man,” then launched into exuberant appreciation of the system in use there.

For the discussion of the system in all its details of work and education, one should read the volume, already referred to, From Prisons to Educational Institutions, edited by Assistant Attorney General A. J. Vishinsky. Each separate article is written by a specialist in his particular field and each presents in minuteness some phase of the system which the Russians use. They have known what they wanted to do in the direction of reformation even back in the days of 1917, but for so many years the idea lay, like others did, obscured by catastrophe. Terror and necessity caused severity to prevail for a long time. Punishment was the mainstay of defense from foe within in order to withstand a little better the ones then pressing from without.

But the idea was there in the minds of those who were to define the penal policy and the Code of 1922, and set down the principle that punishment was not for the purpose of revenge and might not have for its purpose the infliction of physical pain. With this beginning there was a steady progress toward the removing of those indignities that tend to degrade a man, until the Correctional Labor Code of 1933 completed the process. In the meantime various amendments have prohibited torture, the use of handcuffs, solitary confinement, deprivation of food, or any other measure that would have the effect of degradation or do physical harm to the person.

There has been a steady effort to remove what they term the “prison spirit.” There is, they tell you, no such thing as a “captive” or “prisoner.” The idea is to keep the person deprived of his liberty from feeling in any measure isolated. He is given work to do such as he would have outside and he is always conscious of its useful nature. There are instructors for the various trades, machinery, carpentry, etc., who see that each man is educated for his job.

There are two main types of places for deprivation of liberty, those located in cities in close quarters, and those out in the country where there is space and greater freedom. In chapters just following some of these typical ones will be described, but they are mentioned here so that references may be clearer.

Before describing the characteristics of the institutions used for corrective labor, we shall need to define the policy that goes into the system. The articles on which the materials for this chapter are mainly based are those by B. Utievsky on Prison Regime, and another entitled Work in Correctional Labor Institutions by M. Kessler and B. Oleinin, both of which are included in the volume edited by Vishinsky, already referred to.

We note again in connection with this work the class character of criminal legislation. One of the basic principles is the assumption that peasants and workers deprived of their liberty are not premeditated enemies of the Soviet order, and under these circumstances it is natural to suppose that treatment for them would be milder than for the anti-proletarians, and the privileges enjoyed by them would be greater. However, this assumption does not prevent the use of the same policy and the same methods in the prison treatment of the so-called class enemies. While the main purpose in placing the political prisoner and others whose crime is chiefly against the state in outlying places was to isolate them from society and prevent their continued danger, there was still a desire to restore them as useful citizens by means of education and labor. The principle expressed in the Code that “maintenance in correctional labor institutions shall be reasonable, and shall not have for its purpose the infliction of physical pain or the degradation of human dignity” is carried out, they say, in the places where political prisoners are kept just as in others. The main difference is that these prisoners have less freedom, less liberty for contact with society. The aim, however, uppermost in their treatment is to organize a collective life for them, and by the education which is provided to cause these people to fit into that life.

An example of constructive use of these prisoners from the anti-proletarian class is the building of the White Sea-Baltic Canal. It is interesting just here to give a quotation from Maxim Gorki, which illustrates their own point of view as to the value of this policy.

“How did the kulaks work? Here is an instance. The Podlipinsky brigade of the first section in which there were 32 kulaks in the last ten days has set a record of 25 per cent. fulfillment of their quota. But the brigade would not quit its job even when the next shift came to take their place. The brigade had to be taken off by direct order of the chief of the section.

“The order Number One brigade consisted chiefly of kulaks. It was on rock work in the sixth section. It has fulfilled 130-150 per cent. of its quota. Their exemplary work was rewarded and entered into the Red Labor Book.”

While this may be propaganda, the fact remains that there are those operating the locks in this canal who have been discharged as prisoners, but who continue loyally at the post. We are assured by another author that “thousands of convicts from anti-Soviet elements redeemed themselves, and showed great devotion to Soviet construction. Many gained their freedom; a great many were accorded all kinds of privileges, and a few awarded the highest order of merit.”

As we come to consider the program for those prisoners from among their own masses we get on safer grounds, at least as to practice. The policy follows much the same lines. We have mentioned before the change in terminology from jails or prisons to “places for deprivation of liberty.” It has also been mentioned that the change does not appear to be limited to terminology, but that the actual purpose to carry out some definite measure by which a man may be rendered fit for a useful place in society seems well observed.

Here, perhaps, would be a good place to say that the program of the Communist Party in regard to treatment of those who break the law calls for eventual correctional labor without deprivation of liberty. Their ultimate goal, both expressed in policy and now being put into practice in a limited way, is that persons shall be sent to labor under supervision where training is provided. This practice will have to go slowly and proceed as their educational program prepares the way for it. At the present time there is usually no sentence of deprivation of liberty for less than one year. Any penalty of compulsory labor given for less than that minimum permits the offender to retain his liberty. In such cases the unemployed among these persons is farmed out to factory or to agricultural work with supervision and training provided. He is given a place to live near to his work, but he is free to go and come as he wishes. It is the aim of the higher judicial organs to abolish the use of deprivation of liberty as rapidly as possible, and to use it only for cases who do not respond to other measures of social defense. The Superior Court has likewise given instructions to the lower tribunals to use deprivation of liberty only as other measures have failed. The employed who are sentenced to labor without deprivation of liberty remain on the job on which they are at work and a certain per cent. of the salary received is deducted each month. With both of these classes there is a possibility of early discharge for good work and because of the practice used in all their penal institutions of counting two working days equal to three days of the sentence.

Up to 1929 there were still in existence isolated places of detention but since that time the policy prevalent has been to change all of these into the favored educational establishments. At the present time all persons sentenced are taken care of in the various types of labor colonies (industrial, agricultural, road building, land improvement, etc.) or in the semi-free labor camps where guards are maintained, usually selected from among the inmates themselves, but where there are no locked rooms or prison walls.

The régime, then, of these institutions, according to Utievsky, has three basic influences: (1) Socially useful, productive labor, (2) political educational influences, and (3) the development of public activity among the convicts.

Let us now see how these three methods of influence are carried out in the institutions themselves. The purpose of labor on the part of the convicts is to provide organized collective work in a society where collective living in all its phases is a predominant note. It is essential to successful readjustment. The Kulak, with his individualistic tendencies, is re-educated in this political philosophy. While he is at this labor, the convict works under the same conditions, and with the same protections that he would enjoy in outside labor. His hours are seven or eight a day, depending upon the nature of his work, and he is permitted a weekly rest of a continuous 42-hour period. Special protection is given to the juvenile laborer, but this will be mentioned again in the chapter concerning juvenile delinquency.

There is no night work for women, just as there would not be in outside labor, and minors under eighteen are not to be employed in injurious trades. Maternity vacations of eight weeks for physical labor, and six weeks for mental work, both before and after childbirth are prescribed for women. There also exist regulations of various sorts for sanitation and safety. The whole idea is that the person deprived of his liberty may be made to feel that he labors on a par with workers outside; that he may feel useful in the economic plan of the nation; and, through the pay given him, continue support to his family.

In addition to the general consideration mentioned above, there are some special rules of importance. For example, women who are in the fifth month of pregnancy may not be sent to any work outside the institution of which they are inmates, without their consent.

In all labor in the Soviet Union there are a certain number of days of work (five is the general rule) and one day of rest. This is likewise true of convict labor, and on the eve of the rest day all work and school study must be suspended from dinner time (which is at midday). Another privilege of importance is that each person keeps his own work book with a record of hours, wages due, and deductions made, properly entered. In this way he does not have to take the word of any official as to the correctness of the count, but is able to see for himself and complain if an error has been made.

In the matter of food there is a provision for increase in accordance with the expenditure of energy in the work assigned. One doing heavy physical labor would, for example, be given food in larger quantities than one using less strength. In accordance with the principle that a prisoner may not be degraded, the administrative office of these institutions is not permitted to make use of the personal services of the convicts.

It was mentioned in the beginning that one type of institution provided for the carrying on of all activities in small areas. These are of the nature of penitentiaries, but even for the type of convict in these prisons there are large works of a variety of kinds organized outside the city limits. Among these would be brick-work, bridge building colonies, house building, dairy farms and truck gardens. One of the most constructive things about this labor, in whatever line, is that it forms a part of the five-year plan, and is thus put on the same basis as other forms. The industry carried on must, first of all, satisfy the needs of the institution itself, but goods in excess of this amount are placed on the home market. Export of prison-made goods is forbidden except in the case of the sports goods made at Bolshevo Labor Commune. The latter are noted for their excellent quality and are exported to various countries.

One of the grave prison problems in this country is the question of payment of wages to persons serving sentences in penal institutions. In the Soviet system there is no unpaid labor. The amount may not be less than 25 per cent. of the existing scale, nor more than 50 per cent. The cost of maintenance is, of course, not deducted from this amount. In establishing the schedule the prison administration must have the agreement of the Commissar of Labor, and the fact of the profit or loss of the enterprise does not enter into the calculations.

The convict is not restricted in the spending of his earnings. He may purchase extra foodstuffs, clothing, or he may send his income to his family for support. He may be given advice in the matter, but there is no compulsion.

One point in connection with this system is that labor is not compulsory. A convict may work or not as he wishes, and still receive maintenance. But in refusing to work, he loses most of the privileges which he would otherwise enjoy. Practically none do refuse, it is said. On the other hand, there is a great increase in those joining the shock brigade, the group doing excellent work, sometimes even for additional hours. In 1933 in the Moscow region, this figure reached 51.3 per cent. of the total number in these institutions. The number fluctuates usually between 54 and 78 per cent. As a result quotas of production are usually more than fulfilled.

The second basic influence in the program of this institution is political education. A system is established in each place of deprivation of liberty, and the official in charge is the assistant warden. Practically all education carried on has a strong political influence. However, one of the aims involved is the elimination of illiteracy. Every effort is being made in the Soviet Union to give to each citizen at least an elementary education, whether he be in prison or out. To that end there is established in every state institution schools providing for the first seven years of work. There are also other penal institution courses for the semi-illiterates and those of a sufficiently advanced nature for the more educated. There are in addition some evening and university classes for those wishing to take advantage of them.

In addition to the regular school work which is carried on both by teachers from the outside and some selected from qualified inmates, there is a system of lectures covering specialized subjects. These are designed to give information of a social-political nature and educate the individual in the use of sanitation and hygiene. There are others of a general educational character embracing material of interest to the group. These lectures are given by specialists in the various fields, who are invited by prison administrators, and by any one among the convicts who might be qualified to talk on a particular subject. Admission, of course, is open to all without restriction.

In connection with the education work, there are libraries and reading rooms. There is a library located in each place of deprivation of liberty, and there are also circulating ones, and in neither are there restrictions as to the use of books. In most cases some work of this nature is obligatory, but beyond that every convict is not only permitted to use the facilities, but is encouraged to take advantage of the privileges.

The reading room may be visited at any free hour. Here are found recent newspapers, magazines and other periodicals. Newspapers are also distributed in the rooms, and convicts may subscribe to their own outside these limits if they wish.

The radio with which each room is usually equipped also constitutes an important instrument of education. Lectures, music, and other information or entertainment of an educational and cultural nature may be listened to by the inmates.

One of the most interesting phases in the development of this program in these institutions is the art work. The convicts are trained in dramatic performance and also enjoy in this connection entertainment by outside companies. There are concerts and moving pictures given, in almost every one of these places, and convicts attend not less than once a week. But the interesting side of it to an observer is the work the inmates do themselves in the matter of writing and producing their own stage performances. The convicts are free to attend and there is, of course, no charge for admission. A theater or auditorium is a part of the equipment of every institution of this nature.

The sanitary education carried on is in line with the program of other education of this nature, distributing such information to the masses of people. There is an opportunity here for teaching individuals in an effective way, and for seeing that certain fundamentals are put into actual practice. There is a bureau of sanitary education in each institution, composed of the house physician, representatives from the department of political education, and delegates elected by the convicts themselves, devoting itself to this phase of work.

The purpose of these institutions is seen in its most complete fulfillment in the vocational training which each gives. There are courses in schools of all the various trade groups, providing both theoretical and practical training in skilled trades. The unskilled laborer is here transformed into a man with specialized information in some particular line, which will both render him useful in industry and give him happiness in his work. In 1931, 7,700 convicts attended such courses in the Soviet Union, and 6,500 workers were in that year turned out trained for some particular trade. In 1933 the plan was for giving such preparation to 24,000. Salvation for society and for the individual, they hold, lies in this direction and every man and woman sentenced for law-breaking must be so fitted to earning a livelihood that he will not transgress again.

It should be mentioned before passing to the next point that both cultural and legal work is carried on by means of mass meetings through the organization of such groups as law clubs, and by means of evening forums, lectures and talks. There is also a legal bureau composed of representatives of the department of political education, and two members elected from the convicts, which gives legal aid or advice to the inmates whenever it is needed.

The third basic influence in correctional labor—the development of public activities among the convicts—accounts for some of the most valuable rehabilitating work done in these places, in the author’s opinion. The aim here is to strengthen, or develop where they have been lacking, the social habits of the individual; to turn him into a conscious and active member of society. The basic forms of social activity in these institutions take several directions. There is first the general meeting on various occasions for a variety of purposes. This may be for the formation of social organizations, for the conducting of a campaign for the election of some representative, or perhaps for a celebration of some revolutionary event. The convicts establish their own rules of procedure and make whatever proposals are appropriate. These general meetings take care of whatever concerns are common to the entire population, and leave to the more specialized groups whatever is of narrower interest.

In the production conferences, held by convicts in the same manner as those used by free-workers in industrial enterprises, an active part is taken in settling whatever questions arise in relation to production. They discuss industrial plans for improvement, financial methods, quota fulfillment, or any question that would logically come within their jurisdiction.

One of the most outstanding achievements in the line of self-activities among the convicts is the development of the comradely courts. Through this tribunal those disciplinary problems referred to it are transferred from the administration to the convicts themselves. This court is responsible for the maintenance of order and for seeing that a high quality of educational work prevails, for administering disciplinary measures in the case of shirking work or lessons, of spoiling the equipment of the shops, of laxity in observance of regulations of sanitation and health, of the use of indecent language, of damage done to any book or periodical, of inciting ill treatment of one convict by another.

The court is composed of a chairman, and two jurors elected at one of the general meetings referred to above. The penalties which they may impose on one who breaks the rules, or fails to live up to the standard set, are as follows:

(1) Reprimand.

(2) Censure.

(3) Censure with strict warning.

(4) Censure with publication in local newspapers.

(5) Limitation of visits by friends from outside for a period of not more than one month.

(6) Application to supervisory committee for transfer to another prison with a stricter régime.

(7) Application for withholding vacation.

(8) Application for either partial or complete non-discounting of working days.

(9) Application for withholding all probation, and early release during a certain period of not more than one month after maturing.

(10) Restitution of damage done.

In case of undue severity on the part of this court, the warden may alter the penalty to a milder form.

We have already referred in the paragraphs dealing with education to cultural committees. These are elected at a general mass meeting to put into action the plans for political education work or to devote themselves to other problems of a cultural nature.

Every place of deprivation of liberty has its wall newspaper, changed about every week or ten days and carrying news of various sorts of a political or educational nature, as well as items of interest to prison life. The editorial boards of these papers are likewise elected at the general meetings. Prison administrators as well as other authorities on penal policy in the Soviet Union are of the opinion that the development of public activities among the prisoners has yielded splendid results of a social nature. They point to the success of the “book soobotnik” (one day’s salary given for books) which netted 100,000 rubles. It is stated that the gifts were entirely voluntary without pressure from any source. Another incident showing a desirable spirit was the collection among the convicts of 31,818 rubles for an aeroplane which was presented to the fleet. There have been other acts of the same kind.

Now we turn to the régime found in these institutions, the express purpose of which is to develop free will, initiative and self-activity. All privileges possible are permitted to the man deprived of his liberty, and his freedom as little restricted as the nature of the person himself permits. Following out the principle that no condition designed to degrade the convict or make him feel inferior may be permitted, penal authorities proceeded legislatively to remove whatever might exist in this line. The corrective labor code of 1933, for example, completely severed all connection with the progressive system of progressive classification of prisoners. The theory is that in this educational-labor program no man is to be treated with greater privilege than another unless he himself makes some deprivation necessary. Even then there are limits. A recalcitrant member of the penal population may be deprived for a period not longer than one month of such privileges as writing letters, or receiving visitors, but no corporal punishment may be inflicted nor may he be locked in solitary confinement. It is worth noting here that the solitary cells left from the Tzarist days may at times be used for tenants, but the door of the cell may not be locked.

The convicts have privileges as great as can be accorded. From the day of their entrance they may walk about anywhere they wish at any time they are free from work. In those institutions located in the country, this may take the character of quite a good walk, while in those of the penitentiary type located in cities, it naturally is limited to the prison yard.

Visitors may come as often as twice in five days and may consist not only of relatives but of friends and acquaintances as well. There is no red tape in making arrangements for a visit so that no difficulty of this sort prevents contact between the convict and those outside. There may be as many as three persons at one time, and they may bring with them, if they wish, gifts of food, tobacco, etc. There is no restriction in the use of tobacco except that there are some particular places where the convict is requested not to smoke. Outside of this he may have as many cigarettes as he wishes or can obtain.

Neither is there restriction in the number of letters which he may write or receive. In the matter of either letters or gifts the administration reserves the right of inspection, but in the majority of cases, unless there is some suspicion attached to the person, this right is not utilized.

There is an interesting development in the matter of leaves. For the man who has proved himself a good worker and who is not suspected of any intention of escape, a leave of fourteen days in the year is granted. He may go where he likes on this vacation, and use it as he pleases. He is placed entirely on his honor and no guard is in attendance at any time. In addition to this a convict may obtain a leave at any time because of an emergency such as an illness or death in his family.

Still more liberal terms are granted to the peasant or collective farmer. In the event that he is needed for field labor, he is given a leave for the full three-month period of the season, and if he breaks no law during this leave, the time counts on his sentence.

In addition to this leave and vacation, there is always the possibility of release after a short part of the original sentence has been served. If the person is judged fit to be restored to his place in society, and thought to be no longer a menace, he may be released after serving a minimum of one-third of his sentence. There is also the practice, as already mentioned, of counting two productive working days as three days of the sentence.

Before passing from the chapter describing the policy and character of corrective labor work, some mention ought to be made of the administration. Who exactly is responsible in the USSR for seeing that this policy is translated into action? At the very head are the Commissariats of Justice of the various republics.¹ There is a certain amount of independence in these relationships. The Collective Labor Code of 1933 of the RSFSR made a considerable advance in the direction of autonomous supervision on the part of the administration of corrective labor organization in these republics. Those institutions located in the territory of these various republics are administered and managed by local commissars of justice.

Within this organization there are local administrative bodies known as observation committees. One of these exists in connection with each institution and is directly responsible for administration and management. In direct charge is the superintendent or warden, and his staff of assistants.

There is especially close relation between the agency of supervision and the prisoners which enables the Observation Commission to know with a high degree of accuracy as to when release is advisable.

Previous to 1926 there had been two commissions participating in the distribution and release of prisoners—the Distributory Commission and the Observation Commission. The Observation Commission, however, while making recommendations to the Distributory Commission in matters of dismissal and release, played a minor role, since its viewpoint was in no way binding on the other.

The Corrective Labor Code of 1924 provided for an Observation Commission to be established at every place of deprivation of liberty as a part of the staff of the place. On this commission was the people’s judge, and a representative of the local bureau of trade unions. This extension in the scope of the work of these commissions was made in an effort both to raise the level of work being done at the prisons and also to establish a closer contact between commission and prisoners. The result hoped for, however, was not realized as the judge was entirely, by nature of his position, separated from his work, and the representatives of the bureau took little interest in the matter. By the same Act the powers of the Distributory Commission were widened, and the Act of April 21, 1926, went further still, giving to this body authority to assign the long-term prisoners to places of agricultural work.

There still was the gap between the work of the commission of release and the correctional labor institutions. The Observation Commission which was on the ground could make recommendations but they were not always accepted by the Distributory Commission which handled dismissals and releases. Many mistakes resulted and the desire of the authorities to establish intimate contact between commission and prisoners was being thwarted. Thus the Sixth Congress of Jurists proposed the liquidation of the Distributory Commissions and the reorganization of the Observation Commissions. By the reformation of 1929 new opportunities for constructive work were opened to these commissions, and the contact between them and the prisoners of the institution was finally made close and real.

The Corrective Labor Code of 1933 made several important changes in the composition and work of these commissions of the RSFSR. There is now a Central Commission and under it trade union observation committees on which are the head of the correctional labor institution and two representatives from the general organization which are installed in each of the large corrective labor units and in all field production. Every effort has been made to see that there is close contact of these commissions with the institutions, that the policy of the central administration is carried out, that the work follows the lines it should, and results in fitting the inmates of the institutions for life as it is supposed to do. The Commissar of Justice is, in the last analysis, responsible for the work of these commissions, but by Act of February 10, 1933, he has placed that responsibility squarely on one man, the chairman of the Corrective Labor Commission, whose duty it now is to see that the policy and plans of the commissariat are carried out. This chairman is a member of the Central Observation Commission, but not the chairman of it.

Prosecutors who were supposed to be attending the open session of these meetings and were actually present at them to the extent of 78 per cent., were found to be merely sitting quietly and taking no active part in solving problems and working out plans. By the same Act of February 10, 1933, the Commissar of Justice ordered them not only to be present but to participate actively in all meetings. There are no figures on actual participation but the percentage of attendance jumped from 78 to 82 and it is stated that practically all those present take an active part in discussions.

There is no lack of effort to see that this commission inquires into, and knows, what is going on, is acquainted with the prisoners, and never for a moment forgets what it is set up to do. For the accomplishment of an organic union between the Observation Commission and the corrective labor institution, the All-Russian Central Executive Committee has demanded that the members of this commission participate actively in the creative and labor life of the institution as well as in its political education. To effect this there are many special meetings, besides the open ones, devoted to the problems of various industries.

Let us see for a moment what organizations are represented on these commissions and how often the respective members attend the meetings.²

Name of organization	No. of meetings attended (in per cent.)
Corrective Labor Institutions	68
Court	82
Worker-peasant inspection	74.5
Other Soviet Institutions	54
Women’s delegate groups	73
Enterprizes	58
Organization of Komsomol	47
Sections of Revolutionary Law	63
Trade Unions	66
Jurors	95
Agricultural collectives	60

This table was for the last nine months of 1932. It represents not a particularly bad showing but it was in 1933 that the All-Union Central Executive Committee decided that this was not sufficient and that there must be even better attendance. It aimed its order this time at the social members and demanded that they give active aid in inculcating social form of labor into correctional labor institutions. There is no thought of sending a man away to prison to get him out of the community then forgetting all about him. He will be returning in an average time of a year and a half and the community through its representative is responsible to see that he shall return in good order. It is thus made directly everybody’s problem.

It has been said elsewhere in this book that the Observation Commission is the authority for handling release and dismissal. Appeal may be taken from all of its decisions and a good percentage are reversed. Its mistakes, it is said, are largely because of a one-sided attack of the case in which its members were able only to see the seriousness of the crime, or perhaps only the social status of the convict, or maybe only his industrial activity at the place of his imprisonment. The Corrective Labor Code of 1933 takes a broader approach to the problem and demands that those responsible do the same. Each individual case must be treated from a differentiated viewpoint, with a survey of all angles involved.

The following table is given to show what types of disposal is used in the Soviet Union, and the relative importance of each.³

Cases Examined in 1928	Per cent.
Early release of those serving in correctional labor work	22.8
Early release of prisoners	0.5
Transfer to correctional labor work	10.2
Amnesty	7.3
Release from imprisonment under guard	1.0
Installment of labor days4	28.4
Removal of strict isolation	3.8
Transfer to other classification	2.2
Assignment of type of place of detention	10.8
Miscellaneous	13.0

In addition to the duties already mentioned the Observation Commission has charge of the distribution of prisoners to the proper places for the serving of the sentence imposed and for their transferal from one place to another when it becomes necessary. In order to place a convict so that the best results may be secured, a close case study is made, an analysis of his personality, characteristics, ability, social status, and other pertinent information, but if an error is made after all, then he is transferred when better acquaintance shows where he belongs.

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