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The Soviet Union was a single-party state where the Communist Party officially ruled the country.〔(Constitution of the Soviet Union. Preamble )〕 All key positions in the institutions of the state were occupied by members of the Party. The state proclaimed its adherence to Marxism-Leninism ideology that restricts rights of citizens to private property. The entire population was mobilized in support of the state ideology and policies. Independent political activities were not tolerated, including the involvement of people with free labour unions, private corporations, non-sanctioned churches or opposition political parties. The regime maintained itself in political power in part by means of the secret police, propaganda disseminated through the state-controlled mass media, personality cult, restriction of free discussion and criticism, the use of mass surveillance, political purges and persecution of specific groups of people. ==Soviet concept of human rights and legal system== According to Universal Declaration of Human Rights, human rights are the "basic rights and freedoms to which all humans are entitled.",〔Houghton Miffin Company (2006)〕 including the right to life and liberty, freedom of expression, and equality before the law; and social, cultural and economic rights, including the right to participate in culture, the right to food, the right to work, and the right to education. However the Soviet conception of human rights was very different from conceptions prevalent in the West. According to Western legal theory, "it is the individual who is the beneficiary of human rights which are to be asserted ''against'' the government", whereas Soviet law claimed the opposite.〔Lambelet, Doriane. "The Contradiction Between Soviet and American Human Rights Doctrine: Reconciliation Through Perestroika and Pragmatism." 7 ''Boston University International Law Journal''. 1989. pp. 61–62.〕 The Soviet state was considered as the source of human rights. Therefore, Soviet legal system regarded law as an arm of politics and courts as agencies of the government.〔 Extensive extra-judiciary powers were given to the Soviet secret police agencies. The regime abolished Western rule of law, civil liberties, protection of law and guarantees of property〔Richard Pipes (2001) ''Communism'' Weidenfled and Nicoloson. ISBN 0-297-64688-5〕〔Richard Pipes (1994) ''Russia Under the Bolshevik Regime''. Vintage. ISBN 0-679-76184-5., pages 401–403.〕 which were considered as examples of "bourgeois morality" by the Soviet law theorists such as Andrey Vyshinsky. According to Vladimir Lenin, the purpose of socialist courts was "not to eliminate terror ... but to substantiate it and legitimize in principle".〔 Historian Robert Conquest described the Soviet electoral system as "a set of phantom institutions and arrangements which put a human face on the hideous realities: a model constitution adopted in a worst period of terror and guaranteeing human rights, elections in which there was only one candidate, and in which 99 percent voted; a parliament at which no hand was ever raised in opposition or abstention."〔Robert Conquest ''Reflections on a Ravaged Century'' (2000) ISBN 0-393-04818-7, page 97〕 Sergei Kovalev recalled "the famous article 125 of Constitution which enumerated all main citizen and political rights" in Soviet Union. But when he and other prisoners attempted to use this as a legal base for their abuse complaints, their prosecutor's argument was that "the Constitution was written not for you, but for American Negros, so that they know how happy lives Soviet citizens have". Crime was determined not as the infraction of law, but as any action which could threaten the Soviet state and society. For example, a desire to make a profit could be interpreted as a counter-revolutionary activity punishable by death.〔 The liquidation and deportation of millions peasants in 1928–31 was carried out within the terms of Soviet Civil Code.〔Richard Pipes ''Russia Under the Bolshevik Regime'', Vintage books, Random House Inc., New York, 1995, ISBN 0-394-50242-6, pages 402–403〕 Some Soviet legal scholars even asserted that "criminal repression" may be applied in the absence of guilt.".〔 Martin Latsis, chief of the Ukrainian Cheka explained: "Do not look in the file of incriminating evidence to see whether or not the accused rose up against the Soviets with arms or words. Ask him instead to which class he belongs, what is his background, his education, his profession. These are the questions that will determine the fate of the accused. That is the meaning and essence of the Red Terror."〔Yevgenia Albats and Catherine A. Fitzpatrick. ''The State Within a State: The KGB and Its Hold on Russia – Past, Present, and Future'', 1994. ISBN 0-374-52738-5.〕 The purpose of public trials was "not to demonstrate the existence or absence of a crime – that was predetermined by the appropriate party authorities – but to provide yet another forum for political agitation and propaganda for the instruction of the citizenry (see Moscow Trials for example). Defense lawyers, who had to be party members, were required to take their client's guilt for granted..."〔 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Human rights in the Soviet Union」の詳細全文を読む スポンサード リンク
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