"If these rallies are included in the tradition ... The number of arrests will decrease"

Civil appeal

In September, the KGB bodies were arrested in Moscow and Kyiv. Among the arrested are the Moscow writer A. D. Sinyavsky [1] , the Kiev critic Svetlichny [2] and others. The arrested is threatened by a conviction issued in a closed court. In the best case, it will be proclaimed, as required by the law, publicly - but since it will not be published, and the public will not be present at meetings, citizens will be deprived of the opportunity to judge its legality. There is no reason to believe that any of the accused is connected with the state secret-what could be the legal justification of the meetings during closed doors. Therefore, there is reason to fear violations of the rule of law, especially since in the past such cases have been frequent.

There is no need to dwell in detail on the well -known tragedy of the past, which consisted in mass lawlessness. We note the other: these lawlessness, which can be made “with convenience” only with closed doors, because only through publicity can cases of an improper interpretation of the law or the doubtfulness of the evidence adopted by the court.

The publicity of the proceedings is the most important guarantee of legality. Nevertheless, it does not apply to the law of the rights of the accused himself. This means that all citizens have the same right to her as observing the Soviet Constitution.

Citizens have a legal means to achieve publicity, which, unfortunately, has not yet been used. This tool consists in organizing rallies for each case of a trial or threatening violation of the vowel of the trial. This tool should be used steadily, and especially persistently in those cases when someone threatens repression for participating in such a rally or its preparation. If this tool were widely used by citizens during the times of passing repressions - mass repressions, in all likelihood, would have been prevented.

Gathering for a rally organized in defense of publicity, should, in order to effective and in order to avoid provocations, strictly limit their requirements with the requirement of publicity. “Tre-Bo- to-Ho-Sobe Su-da” (with the possible addition of the names of the accused) is the only slogan that they should chant or portray on posters. (In the event that the rally is organized on the occasion of the already held violation of publicity, the word “demand” should, of course, be replaced by “protest against violations.”) Even a tacit -assembly crowd, which makes the impression of a joint public, will achieve a lot if the violators of the legality will know the reason for the meeting. Whether to be silent to the audience, or to discuss the problems of publicity and legality in general is a matter of a form of a rally, the solution of which should be provided to the organizers in each case. But in any case, one should strictly avoid playful or too emotional shouts that can distort the goal of the rally and turn it into an erratic collection. All anti -Soviet speeches, as well as speeches directed against individual ruling persons, can only interfere with the goals of the rally, even if they do not entail repressions against speakers. Such speeches would interfere with the following such a rally (and they should be organized, as already mentioned, in each case threatening or committed violation of publicity) and people prone to such speeches should be carefully avoided when organizing a rally, since they can ruin the whole thing. If such speeches or shouts nevertheless occur, they must be stupid together, treating them as provocateurs and removing them from the place of meeting - if possible, avoiding gross violence, as it can serve as a pretext for the intervention of the police. It is necessary to strictly observe the order in other relationships - do not occupy any room or roadway without permission, gathering on the boulevards - to leave a narrow passage for outsiders, and do not stand on the lawns , etc. The requirements of the proper authorities to disperse calmly: ask only for the purpose of the rally to be fixed and dispersed, considering the purpose of this rally already achieved by the fact that the authorities of the authorities are already achieved that the authorities They paid attention to him.

It is impossible to evaluate the results of the rally by such obvious signs as satisfying the requirements of publicity , etc. Most likely, in the publicity of violators of the legality you can’t reach with only rallies, and this tool should be combined with other legal means - through numerous articles, massive petitions , etc. You can discuss these funds at the rally (if it is not announced that it will be strictly silent), or immediately after it), or immediately after it), or immediately after it), or immediately after it), or immediately after it). And in these discussions, in the very activation and expansion of the part of the population that is able to advocate for publicity, one of the most important tasks of each rally is. If these rallies enter the tradition, then, at least it was not possible to immediately achieve publicity in strict accordance with the law, the number of arrests will decrease - and this will be the main positive role of such rallies. True, violators of the legality can bring down their repressions just against the organizers and participants of these rallies-and if the audience gives himself in this way, it is better not to get together (all the more so since any failure of a single rally can worsen the fate of that accused, whose work was caused by this rally). But if, in response to repression against the participants or organizers of these “rallies of publicity” (as I propose to call them - although some of them may be silent) will follow new rallies, and even deployed with greater force - then the success is ensured.

It is better to lose a few days of peace than for years to endure the consequences of an unstoppable arbitrariness on time. It is better to take some risk at the first signs of threatening repression, or even hints of such signs than to subsequently allow the death of many people. Moreover, usually for the rally participants, it is only a little risk-because the purpose of the rally is completely legal, and the right to rallies is provided for by the 125th article of the Constitution of the USSR [3] . That is why it is important that during rallies and preparation for them the public behaves strictly disciplined, not giving reasons for arrest or other types of repression. V and a violation of this rule, at least without malicious intent, creates unnecessary difficulties to the rest and undermines the very idea of ​​a rally. In addition, persons who, for other reasons, are threatened with arrest, must refrain from participating in publicity rallies, since by their participation they, in the event of arrest for another reason, would cause an unreasonable organization of an expanded promotion rally.

Only serious people who know how to behave calmly should participate in the rallies of publicity. The rally may not last long - about 15-30 minutes, but still long enough to notice it. It can also take the form of the procession through the streets-but the most calm form is, apparently , the form of a meeting in central squares or boulevards , etc. , in compliance with all the above rules. It is natural to choose such an area, or a boulevard, near which the building of the institution is located on which the resolution of publicity depends - for example, the area of ​​Nogin or the boulevard adjacent to it in Moscow, etc. [4] is natural to gather in the court building, or near it, say, in the yard. In the squares, it is better to gather near the monuments or a taxi parking, or under a clock or at a well -known kiosk , etc. It is good if several cities are one in one case ( that is, glasninity rallies will be organized in each of them).

The large number of the meeting has much less value than the evidence of the fact that, if necessary, the promising rallies will be collected again and again. During the appearance of the rallies, a clearly insufficient number of people should be postponed for one to two weeks, invited to everyone who came to call several people in the same way as he himself was called. A sign of the sufficiency of the number of public in a larger city can serve as that almost everyone will see many unfamiliar faces.

The rally should be convened by the spread of sheets, which are best called “civil appeals” (filing them out of those who are not able to take the rally idea), but in no case with “leaflets” , etc., each such sheet should be short-if possible, no more than the 1st page of the engineering and contain a brief indication of the cause of the collection and form of the rally, its date and place and place and place and place the proposal to propagate this appeal at least in 3 copies, destroying the resulting copy; Propagated (by hand or on a typewriter) copies must be handed alone well -known serious people who can appear at the rally, dividing its goal. In the civil circulation, in addition, it should be indicated that everyone who received it must keep secret the name of the present and the names of those to whom he will hand him or try to hand him (except when the contrary is required to identify the traitor [5] ), as well as the case of the distribution or compilation of such an appeal. The receipt of an unfamiliar, or unfamiliar person may refuse to take him without bringing suspicions of indifference to the idea of ​​a rally. A person who has already received such an appeal and spread it should refuse to accept a new invitation to a rally from a person who deserves confidence - so that the invitation extends to new persons. Do not draw general conclusions about the reasons for the refusal of a person to accept the invitation. Not having two well -known persons suitable for further transfer of circulation, it should be recommended to declare this to the one from whom he received this invitation and come to the rally. If anyone finds it difficult to disseminate an invitation due to the fact that his acquaintances are already invited, one should not try to make risky attempts to involve little-known persons in the matter, since in his circle the purpose of the invitation has already been achieved. Every invited can call his loved ones with him, not counting those to whom he handed over the invitation by spreading the sheet. He has the right to replace this distribution to any of his closest relatives or inseparable friends. The invited is the one who promised to come to the rally himself and invite at least two others, if possible.

One of the serious difficulties is that the distributed civil appeals should be brief (so that they can be easily rewritten) and at the same time substantial, convincing people to appear. It should be borne in mind that the style of the text can give the author in the absence of other evidence. Each organizer must choose any one text, offering its further distribution to future participants in the rally. His own appearance, of course, is very desirable - but the reasons why it should refrain from him may meet. The most important ones are that in the case of mass illegal pressure on the rally participants by the authorities, at least part of the active organizers remain at all and continued the work.

Therefore, one should strive for the majority of the rally participants to know either the names of the organizers or their number. The organizers should also occur in order of agitation, and everyone should attract several new ones-at least three or four , and this is two times so that the total number of organizers reaches 15–20. All of them receive an organizing idea-indicating the date, place and form of the rally-from the first first organizers; The names of the latter are reported to them only as necessary. Each of the organizers then makes up the text of civil circulation independently (unless it is decided to distribute the same very short text). This text should be very loyal, without touching the feelings of either the Communists or non -partisan. If the rally is organized in connection with the arrest of at least one participant in the previous rally, civil appeals apply to each at least three, and with repetitions for the same reason - at least four , etc. , due to which the force of those gathered also increases [6] . This should be indicated from the very beginning in the texts of civil circulation. In addition, they should indicate that new rallies will be organized in case of extrajudicial repressions over one of the participants in the publicity rally - namely, in the case of its administrative expulsion (deprivation of registration) or a worst measure [7] . (Of course, the slogans should be in this case the nature of the protest against the incident.) For softer measures (such as dismissal from work or short -term arrest or premises in a psychiatric hospital), organizers and rally participants can answer at the beginning not by a new rally, but in a shorter form - the distribution of letters and petitions to the appropriate addresses [8] .

In all cases, the power of rallies and petitions should be ensured by the widespread dissemination of information about what is happening, including the texts of civil appeals, at the end of the rally. It is desirable to invite at least one correspondent of Western newspapers to each rally.

Everyone is recommended, going to the rally, to think through their behavior in case of subsequent interrogations. It must be demanded that the answers are minimized - a link to the legality of the rally itself or its goals, to the fact that unacceptable statements (if it were not possible to prevent) were suppressed by the rally participants themselves and that by the very nature of the rally organization, no one can know his organizers and who invited him to hide the names of those who called him and whom he called him and whom he called him and whom he called him and whom he called him myself.

In no way should be invited to rallies of little -known persons or non -circuit faces to observe these rules. But, despite all the precautions, one should not be seduced by the hope that the instructions will be carefully observed in all cases! Each organizer must remember that out of several dozen people invited to him directly or indirectly, people will almost certainly meet such people who, out of petty vanity or cowardice, will blame about what they know, while others are simply flooded to keep their promise - to invite the next or come to a rally. It is for this reason that the number of those gathered will probably be much less than can be expected according to the laws of geometric progression. That is why (not to mention other reasons already mentioned) the organizers should be many, and you should not be too upset if the first experience is unsuccessful. In this case, despite anyone’s ridicule, you should try to repeat it - and it will be all the easier that, according to the first unsuccessful attempt, you do not have to fear significant repression.

Repression against the rally participants should be considered, first of all, as a sign that the rally was not a blow to the eyebrow, but in the eye of violators of the rule of law. This is a sign that it is necessary to continue the work, and that after several successful large rallies of publicity, opponents will be forced to change tactics.

Unfortunately, all this will not be able to express in the civil appeals of the organizers of the rally due to the forced brevity of these appeals. But after several such rallies, brief appeals will already reach the goal, and over time, the moment will come when, according to the oral proposal of one person, hundreds of people will gather.

The brevity of appeals may at first be a very serious obstacle. On a simple call “Come on the 31st October S.G. in 6 hours. on pl. Nogina to participate in a rally rally ” [9] (with a short explanation of this term) now, perhaps, almost no one will respond. In this case, you should try to refuse brevity and admit that only persons who are able to spend 2-3 hours on rewriting the text deserve invitations. If there are too few such persons, then it is necessary to engage in the promotion of publicity in various forms for some time. But the most important argument of this propaganda should serve as a danger of a wide wave of repression - together with the existing, so far few cases. Losing time is both unreasonable and dangerous.

Glass rallies are only one of the forms of struggle for the publicity of legal proceedings. They must be supplemented by the struggle to improve the current legislation. An article on the right of every citizen to comply with the norms of the Constitution should be introduced to the Constitution. This would allow everyone to achieve a judicial way to restore publicity, as well as other constitutional norms, in each case their violations against anyone. Such processes according to the law could only occur openly.

In some cases - according to the current Code of Criminal Procedure only in connection with the protection of state secrets and in cases of sexual crimes - the current law allows a violation of publicity, and this must be considered. This means that if a violation of the publicity has taken place, protest rallies can be organized only if the public has reason to believe that there were no legal grounds for listening to the case with closed doors. This can be judged by the content of the sentence, which is by [3] of the 10th Art. The Code of Criminal Procedure of the RSFSR must be proclaimed publicly in any case. The organizers should be among those present when the sentence is announced in order to judge the possibility of a protest rally; At the same time, it is necessary to show extreme discretion so as not to organize a rally in vain, for an illegal occasion. Each such case would be the cause of the most severe failure. But if someone is not allowed to be present when the verdict is announced (not counting persons under 16 years old), or there will be no way to find out when this procedure takes place-everyone has legal right and reasonable reason to organize a protest rally against vowel violation.

True, according to the current legislation, in the event of a referral for forced treatment, his fate is decided not by the sentence, but by the definition, and in these cases the law does not provide for any publicity. This should also be fought, especially referring to the wide scope that this measure has received in recent years [10] . In this case, in this case, they can be a reasonable form of struggle-but they should be in the nature of the requirements of a change in the law, and not a protest against lawlessness, since it is almost impossible to convict someone in lawlessness in such cases. (Sometimes it is possible - by comparing the things that were seized during the search with the requirements of the law, or based on the recognition of witnesses.)

Changes in the law that should be achieved should be as follows:

In cases where the case is obeyed in closed doors, at least one meeting of the judicial investigation (or legal proceedings in a civil case) should be made publicly. This should be the final meeting of the judicial investigation (a legal proceedings in a civil case), and the protocols of previous meetings, edited in relation to this purpose, should be announced on it. The parties should be interpreted about their consent with these protocols - and in case of disagreement of the accused and the inability to solve this issue in open doors, at least once the previous trial should be resumed with the subsequent public final meeting.

The publicity should include the right of the accused to publish a sentence and, in case of his disagreement with the prosecution, his objections on the merits. The publication of unfounded objections may entail compensation for the accused related costs.

The requirements of the publication of the announcement should also apply to the determination of the direction for forced treatment. The misunderstanding of the accused to participate in such cases should be allowed only in exceptional cases of violent insanity and the public should be presented with the opportunity to see this accused.

The verdict or court decision, as well as the just mentioned ruling, cannot enter into legal force if the requirements of publicity have not been observed. In this case, the sentence, decision or determination is subject to mandatory cancellation of the cassation instance.

These or similar proposals for improving the institution of publicity should become the topic of peaceful discussion. It follows that everyone, who has a tendency to think about such proposals, sends their own version of such proposals to the Commission of Legislative assumptions of the Supreme Council of the RSFSR or the Constitutional Commission [11] . Such proposals should be sent to the newspaper Izvestia and widely discussed its answers - or facts of non -renderwent. The more such proposals-even exactly the same-will enter the competent state bodies, the more chances that they will ever be discussed and accepted. This topic should also be devoted to some publicity rallies - so that as many people can know about the proposals of this kind and the facts of their direction as possible.

Glasses and the just mentioned legal initiative of many citizens are the main forms of struggle for publicity. This topic should also be devoted to many articles and conversations.

The consisting rallies of publicity should be reported to newspapers and magazines, withstanding these articles in a strict spirit of loyalty. In case of their non -proceeding in the press, it is reasonable to achieve their publication by organizing rallies, which should also be considered rallies of publicity.

To all reproaches of the “Many rally” type, it should be answered that they are not directed to the address: there would be no rallies if state institutions always complied with laws on publicity, and newspapers in a timely manner printed the material on this topic.

Currently, the copyright law contained in the Civil Code [12] gives the right to be achieved - if necessary, through the court - concluding with the relevant organization of the author’s agreement on the publication of any of its work; The work can be approved, or rejected or returned for processing - but only on the grounds specified in the contract (imply: or in the law). The author has the right to inviolability of the text (including its title), to choose from the signature (or the absence of one) and the publication of the approved work on time not over 2 years of approval. It is clear, however, that for newspaper messages, the two -year term is almost useless - and here we need a special procedure that guarantees the rapid appearance in the press of each message about the violation of the rule of law. It should be achieved by improving the current legislation and in this direction through appeals to the relevant organizations.

Since it is publicity that is a guarantee of legality, it is necessary to ensure that all reports of vowel violations and related rallies and other public speeches appear in print as soon as possible. In this case, rallies can serve as a means of struggle, and with frequent repetition of the rallies of publicity (except silent), they should be publicly used to publicly publish materials about previous rallies.

There is no doubt that foreign correspondents will pay attention to these rallies. The question of the feasibility of their invitation from the very beginning should be discussed and solved specifically, depending on the situation and a possible influence on the fate of the already arrested; The nature of the newspapers they represent , etc., should be taken into account. But since the messages will inevitably appear, it should be taken to make sure that the correct idea of ​​the events is created and that fictional goals are not attributed to the speakers. From the very beginning, this argument can be justified in the eyes of the doubters of the correspondents at the very first rallies of publicity. Correspondents should be invited on a common basis, however, without applying to them the requests to destroy a copy of the invitation they received, but demanding that, in the event of publication, it was preceded literally.

The approximate shortest text of civil circulation:

On October 31, S.G. at 6 o’clock. Vech. A silent rally will be held on Nogin Square, dedicated to the demand for the publicity of the trial in the case of the arrested A. D. Sinyavsky . You are invited to come to the rally by transferring this invitation to no less than two persons, not counting your family members. To transmit this invitation, rewrite this text in the right number of copies, and destroy the invitation you received. During the rally, it is necessary to stand silently, or to chant the slogan “Tre-Bo-ah -to-no-y-yes -yes-yes- yes-yes-jaws” , or show the corresponding poster. Gather - near the taxi parking, moving, as the people accumulated, towards the boulevard, to the place that is located opposite the building of the Central Committee. It is required to strictly observe the order, not to stand on the lawns and the roadway of the area, to leave a place for passing through and avoid excessive violation of silence, because all sorts of violations, and especially mischievous or anti -Soviet cries, must be suppressed by rally participants by calm removal of violators. The authorities to disperse to the requirement of the requirement of fixing what is happening and the purpose of the rally and, to satisfy this requirement, diverge, since the goal has been achieved. You can invite only those who are able to comply with these requirements, and if you do not know such people from among the uninhabited, refrain from the invitation, but come yourself. Do not tell anyone the names of those who invited you and whom you want to invite you. Do not call anyone known to you the names of civil appeals that are similar to the present, except when it is required to identify informants.

If you once received an invitation to this rally, inform the person who invites you again (observing the just indicated rule!) So that he tried to invite another; But if this person does not deserve your trust, do your discretion.

If too few people come to the rally, he will be transferred the next day and you think about whom you can invite. Think about your answers to questions related to the rally in advance.

If you are threatened with an arrest, refrain from participating in the rally. If any of the rally participants is seriously repressed, a new, wider rally in defense of his rights will be organized, and in the event of his arrest, in defense of the vowel of the court in his case.