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The lower house of the Russian Parliament passed a draft law on Friday allowing the country’s intelligence service to officially warn citizens that their activities could lead to a future violation of the law, reviving a Soviet-era K.G.B. practice that was often used against dissidents. The president, Dmitri A. Medvedev, is expected to sign it into law shortly.
The legislation was proposed during the tense weeks after two suicide bombers attacked the Moscow subway, and its stated goal was to stanch the growth of radicalism among young Russians. But rights advocates and opposition parties have warned that the expanded powers could be used to silence critics of the government. In a letter made public on Thursday, 20 leading human rights activists condemned the legislation as a blow to “the cornerstone principles of the law: the presumption of innocence and legal certainty.”
On one hand, we have the principle that persons are presumed innocent and can only be convicted of a crime based on evidence showing at least an overt act connected to a crime. On the other, we have the concept of thought crimes—that someone’s very attitudes can constitute a predisposition to commit crime, and that this is a crime itself. The first belongs to the bedrock of modern democratic society. The second is a characteristic of totalitarian systems. The two cannot really be reconciled.
America has been experimenting with the notion of pre-crime for eight years, as our Justice Department and intelligence community have set out to apprehend, abuse, and torture persons, not based on evidence that they have committed a crime, but rather on generally unreliable intelligence predicting that they are likely to do so, perhaps citing scattered words in phone conversations or emails. When the victims turn out to be clearly innocent, a dilemma arises. But the Leitmotiv of the Justice Department since 9/11 has been simple: never admit to having made a mistake. This explains the numerous attempts to extort bogus confessions through torture and oppression, and the efforts to rig a case in an attempt at least to persuade authorities that there was a legitimate basis to hold the prisoner in the first place. Maher Arar and Khaled El-Masri are but two of the victims of these shenanigans.
This is another of those lamentable areas in which, following the collapse of the Soviet Union, a convergence seems to be underway between Russia and the United States, and the Soviet model is proving far more influential than most observers would like to acknowledge.
More from Scott Horton:
No Comment — November 4, 2013, 5:17 pm
An expert panel concludes that the Pentagon and the CIA ordered physicians to violate the Hippocratic Oath
No Comment — August 12, 2013, 7:55 am
How will the Obama Administration handle Edward Snowden’s case in the long term?
No Comment — July 29, 2013, 11:36 am
Is it possible to simply disband the partisan FISA court?
Fleming awoke in the dark and his room felt loose, sloshing so badly he gripped the bed. From his window there was nothing but a hallway, and if he craned his neck, a blown lightbulb swung into view. The room pitched up and down and for a moment he thought he might be sick. The word “hallway” must have a nautical name. Why didn’t they supply a glossary for this cruise? Probably they had, in the welcome packet he’d failed to read. A glossary. A history of the boat, which would be referred to as a ship. Sunny biographies of the captain and crew, who had always dreamed of this life. Lobotomized histories of the islands they’d visit. Who else had sailed this way. Famous suckwads from the past, slicing through this very water on wooden longships.
A welcome packet, the literary genre most likely to succeed in the new millennium. Why not read about a community you don’t belong to, that doesn’t actually exist, a captain and crew who are, in reality, if that isn’t too much of a downer on your vacation, as indifferent to one another as any set of co-employees at an office or bank? Read doctored personal statements from underpaid crew members — because ocean life pays better than money! — who hate their lives but have been forced to buy into the mythology of working on a boat, separated now from loved ones and friends, growing lonelier by the second, even while they wait on you and follow your every order.
Rank of Detroit among major U.S. cities whose residents give the largest portion of their income to charity:
A South Dakota researcher concluded that only scant blood spatter results when chain saws are used to dismember pigs.
Four people were arrested for using a remote-controlled hexacopter to fly two pounds of tobacco to prisoners inside the yard at Calhoun State Prison in Georgia.
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Our congratulations to Alice Munro, winner of the 2013 Nobel Prize for Literature