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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:
Conversation — August 5, 2016, 12:08 pm
Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
Flor Arely Sánchez had been in bed with a fever and pains throughout her body for three days when a July thunderstorm broke over the mountainside. She got nervous when bolts of light flashed in the sky. Lightning strikes the San Julián region of western El Salvador several times a year, and her neighbors fear storms more than they fear the march of diseases — first dengue, then chikungunya, now Zika. Flor worried about a lot of things, since she was pregnant.
Late in the afternoon, when the pains had somewhat eased, Flor thought she might go to a dammed-up bit of the river near her house to bathe. She is thirty-five and has lived in the same place all her life, where wrinkled hills are planted with corn, beans, and fruit trees. She took a towel and soap and walked out into the rain. Halfway to the river, the pains returned and overcame her. The next thing Flor remembers, she was in a room she didn’t recognize, unable to move. As she soon discovered, she was in a hospital, her ankle cuffed to the bed, and she was being investigated for abortion.
Average duration of a Japanese prime minister’s tenure since August 1993, in months:
Brain shrinkage has no effect on cognition.
An Indianapolis fertility doctor was accused of using his own sperm to artificially inseminate patients, and a Delaware man pleaded guilty to fatally stabbing his former psychiatrist.
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“Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'”