No Comment — July 19, 2010, 4:28 pm

From the Department of Pre-Crime

Here’s some news that Phillip K. Dick could work into a novel:

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.

Share
Single Page

More from Scott Horton:

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

July 2015

Dressed to Kill

= Subscribers only.
Sign in here.
Subscribe here.

Wrong Prescription?

= Subscribers only.
Sign in here.
Subscribe here.

Travel Day

= Subscribers only.
Sign in here.
Subscribe here.

Fugue State

= Subscribers only.
Sign in here.
Subscribe here.

One Day Less

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Avian Voices·

= Subscribers only.
Sign in here.
Subscribe here.

“The mockingbird’s bath is an orgy of thrashing and writhing about. When he has finished, one of the innocents alights on the rim of the basin and looks with disbelief at the thimble of water remaining.”
Illustration by Eric Hanson
[Browsings]
Before the War·

= Subscribers only.
Sign in here.
Subscribe here.

“I’m worried that what the Houthis did to push Yemen into a civil conflict in September 2014, the Saudis may end up doing again when they end their campaign by eliminating the Houthis.”
Photograph by Alex Potter
Article
The Speakeasy·

= Subscribers only.
Sign in here.
Subscribe here.

“In order to understand how Marty’s could survive as an institution, I returned a year after my first visit to spend a week at what was sure to be the world’s bleakest comedy club.”
Photograph by Mike Slack
Post
The Lost Land·

= Subscribers only.
Sign in here.
Subscribe here.

“I had first encountered some of these volumes—A Swiftly Tilting Planet, The Giver—as a child, and during adolescence, they registered as postcards from a homeland recently abandoned.”
Photograph by the author
Article
Wrong Prescription?·

= Subscribers only.
Sign in here.
Subscribe here.

“Whatever the slogans suggested, the A.C.A. was never meant to include everyone.”
Illustration by Taylor Callery

Date on which a U.S. patent was issued for a phone with which pets can call their owners:

2/1/11

Bees can count to four.

Washington University researchers found that obese Americans outnumber overweight Americans.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Subways Are for Sleeping

By

“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”

Subscribe Today