KGB report (Chebrikov). The numbers then serving a sentence under Articles 70,  190-1 and 142 of the RSFSR Criminal Code — one third of them held in psychiatric institutions; encouraging applications for a pardon from such prisoners [Russian: 1 Feb 87, 183-Ch] (9 pp)  Excerpts.

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[page one of nine]

1 February 1987, No 183-Ch

To Comrade M.S. Gorbachev
CPSU Central Committee

The application of Articles 70, 190-1 and 142 of the RSFSR Criminal Code and the corresponding articles in the criminal codes of the Union Republics, and measures for their further improvement

As of 15 January 1987 the number of individuals serving sentences for crimes covered by Articles 70 and 190 of the RSFSR Criminal Code and the corresponding articles of the criminal codes of the Union Republics was 288. Those imprisoned in corrective labour institutions for Anti-Soviet Agitation and Propaganda (Article 70) number 114, for Spreading knowingly False Fabrications denigrating the Soviet State and social system (Article 190) number 119, and there are 55 individuals convicted under these articles who are now in exile.

In carrying out CPSU Central Committee Resolution No 47/54 SF (31 December 1986) the Procuracy and the USSR Committee for State Security organised the necessary work among this category of individuals.

As a result 51 individuals submitted written declarations that they would henceforth refrain from unlawful activities. The Presidium of the USSR Supreme Soviet has taken a decision to pardon them.

Thirteen new declarations have been submitted for examination. Work will continue with the remaining convicted prisoners and be completed in February.

Four individuals were being investigated under Article 70. The cases against them have been closed. Seventeen individuals were being investigated under Article 190. The cases against them are being closed.

A special category is made up of individuals (96 persons) who committed offences envisaged in the above articles of the Criminal Code when they were insane and were sent for compulsory medical treatment. In accordance with the established medical assessment twice a year to determine which of them no longer presents a danger to society, they could be moved to psychiatric hospitals of an ordinary kind or be transferred to the care of relatives. At present a number of individuals (Gershuni, Pervushin, Klebanov and others) are being freed after medical examination from compulsory treatment.

V. Chebrikov [KGB chairman]

A. Rekunkov [USSR Procurator General]

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[pages two to four — expanded version of page one]

Secret
Copy No 3

1 February 1987, No 183-Ch

To Comrade M.S. Gorbachev
CPSU Central Committee

The application of Articles 70, 190-1 and 142 of the RSFSR Criminal Code (and the corresponding articles in
the criminal codes of the Union Republics) and measures for their further improvement

As of 15 January 1987 the number of individuals serving sentences for crimes covered by Articles 70 and 190 of the RSFSR Criminal Code and the corresponding articles of the criminal codes of the Union Republics was 288. Those imprisoned in corrective labour institutions for Anti-Soviet Agitation and Propaganda (Article 70) number 114, for Spreading knowingly false fabrications denigrating the Soviet State and social system (Article 190) number 119, and there are 55 individuals convicted under these articles who are now in exile.

In carrying out CPSU Central Committee Resolution No 47/54 SF (31 December 1986) the Procuracy and the USSR Committee for State Security organised the necessary work among this category of individuals.

As a result 51 individuals submitted written declarations that they would henceforth refrain from unlawful activities. The Presidium of the USSR Supreme Soviet has taken a decision to pardon them.

Thirteen new declarations have been submitted for examination. Work will continue with the remaining convicted prisoners and be completed in February.

Four individuals were being investigated under Article 70. The cases against them have been closed. Seventeen individuals were being investigated under Article 190. The cases against them are being closed.

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[page three]                                                                                                       2.

In the corrective-labour institutions and in exile there are 26 especially dangerous recidivists convicted under these articles to whom this procedure for liberation from punishment is not extended.

It would be possible to carry out educational work with them on a strictly individual basis. Those who are firmly on the road to correction, having condemned their past criminal activities and declared that they will not resume them henceforth, can be put forward for a pardon on general conditions.

[…]

As concerns those sentenced (10 people) under Article 142 of the RSFSR Criminal Code and corresponding articles in the criminal codes of other Union Republics, who organised illegal underground printing works, inspired anti-social manifestations among believers and unlawfully introduced children to religion, it seems expedient in the present case to put forward materials for their pardon on general grounds, if a

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[page four]                                                                                                       3.

statement is received from them that they will no longer engage in unlawful activities.

A special category is made up of individuals (96 persons) who committed offences envisaged in the above articles of the Criminal Code when they were insane and were sent for compulsory medical treatment. In accordance with the established medical assessment twice a year to determine which of them no longer presents a danger to society, they could be moved to psychiatric hospitals of an ordinary kind or be transferred to the care of relatives. At present a number of individuals (Gershuni, Pervushin, Klebanov and others) are being freed after medical examination from compulsory treatment.

V. Chebrikov [KGB chairman]

A. Rekunkov [USSR Procurator General]

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[pages five to eight — description of Articles 70 and 190-1,
comparison with US and French legislation, and yearly figures for convictions]

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NOTES

[1] Following the death of Anatoly Marchenko late in December 1986 (see 4 February 1987, 206-B), the Soviet authorities began releasing batches of political prisoners. In May 1987 over a quarter (75) of those held for political offences were still refusing the offer of a pardon in exchange for a promise “to refrain from anti-social activities”.

[2] The gradual release of political prisoners throughout 1987 from the camps, Chistopol Prison or internal exile is meticulously documented in USSR News Update, see the first report published on 15 February 1987 (USSR News Update — “Vesti iz SSSR”, 1978-1991).

General

• 1. Notes by translator and editor are bracketed, thus [ ];
• 2. text written by hand is indicated in italic script;
• 3. when a handwritten phrase, figure or word has been inserted in a previously typed document this is indicated by underlined italic script.

Translation, JC