Council of People’s Commissars of the USSR, Decree on Penal Labor Camps. April 7, 1930
Original Source: Sbornik zakonov S.S.S.R., No. 22 (1930), Art. 248.
PART 1
General.
1. PENAL labor camps have as their object the protection of society from lawbreakers who are particularly dangerous socially, by isolating them and employing them on publicly useful work, and fitting them for the conditions of a social life of labor.
2. Only persons who have been sentenced by a court to deprivation of liberty for not less than three years, and persons sentenced by special decision of the Unified State Political Department (OGPU), can be sent to penal labor camps.
3. The camps are under the general control of the OGPU
PART 2
A.-The Administration, Organization and Functions of Camps.
4. At the head of the Penal Labor Camp stands the commandant. His duties comprise:
(a) The general direction, management and supervision of the camp.
(b) The adoption of all measures for isolating persons sent to the camp and the application of the particular regime required.
(c) The suitable use by the camps of the property and privileges reserved for them, and the employment of the labor of the prisoners in the most rational way on economic enterprises run on self-supporting lines out of the camps’ own resources.
(d) The issue of instructions, on the basis of the present decree, for the arrangement of the work of the various parts of the camp, and of orders concerning internal administration.
(e) The infliction of disciplinary punishments upon the camp personnel, within the limits laid down for the commandants of provincial sections of the OGPU
(f) The management and direction of the productive and other economic enterprises of the camp.
(g) The management of the property and finances of the camp and of its enterprises within the limits of the productive-financial plans approved by the OGPU, and the preparation and exact execution of the productive-financial plans.
(h) The conclusion of agreements and transactions of all kinds, and the issue of powers of attorney for the conduct of business, within the limits prescribed for him by the OGPU.
(i) The carrying out of a series of measures designed to raise the cultural level and qualifications of the prisoners and to fit them for the conditions of a social life of labor by accustoming them to labor that is socially useful.
B.–Organization.
5. In every camp there shall be set up, in addition to the administrative and productive-exploitation sections:
(a) A record commission;
(b) A cultural-educational section; and
(c) A sanitary section.
6. The record Commission shall be entrusted with the following duties:
(a) To study the records of the prisoners, and on the basis of this material to make recommendations to the commandant about remissions of sentence and transfer of prisoners from one regime to another.
(b) To register the prisoners in the camp, and to study the material from the point of view of the best method of utilizing their labor.
(c) To assess the labor power of the prisoners with individual reference to each prisoner, taking account of their health, inclination for work, qualifications and conscientiousness in work.
(d) To work out and apply, in accordance with the relevant instructions, a system of rewards to prisoners for their labor.
7. The cultural-educational section is entrusted with the following duties:
(a) The organization and management of the work of a school for the liquidation of illiteracy, a school for semi-literates, and courses of a higher type.
(b) The management, according to a methodical program and on political lines, of schools for works and factory training and technical courses.
(c) The selection of the repertoire, the supervision, the training and the control of dramatic work in the camps.
(d) The management of library work in the camp, the supervision of the circulation of books among the prisoners, and the addition of the necessary books to the library in due course.
(e) The direction of the work of clubs, red corners, museums, etc.
(f) The publishing activities of the camp.
(g) The direction of the work of physical culture.
(h) Criminological investigations relating to the prisoners.
8. The Sanitary Section is entrusted with the following duties:
(a) Preventive measures in the struggle against disease in the camp and the organization of medical and sanitary work.
(b) The organization, administration and direction of all the medical institutions in the camp.
(c) The work of spreading sanitary education in the camp.
(d) The supervision of the provision of the necessary sanitary and medical services for the staff and their families.
9. The organization and the personnel of every camp shall be approved by the OGPU
PART 3.-Fundamental Rules regarding the Treatment Of Prisoners
A.-Admission of Prisoners into Camps.
10. Persons sent to camps to serve a period of imprisonment shall be admitted only by order of the OGPU and on a certified copy of a sentence of a court or of a decision either of the Collegium or of a special session of the OGPU
11. Only children under two years of age may be admitted into camps with women prisoners. The children shall lodge with their mothers.
Note: Children over two years of age may be left with their parents until they are handed over to persons nominated by the parents, or until they are lodged in a home for children.
12. All prisoners arriving at a camp shall be registered and shall undergo a medical inspection. At the same time there shall be an inspection of the effects the prisoners have with them; such effects as the regulations allow for the use of prisoners shall remain at their disposal, the rest shall be given up for safe-keeping. A list of the effects which are allowed to remain with the prisoners shall be fixed by instructions of the OGPU An inventory of the things given up for safe-keeping shall be made, and a copy given to the prisoner.
Note: Money taken from a prisoner shall be credited to his personal account, and he shall have the right to spend it, against the receipt which will be given him, for the purchase of food-stuffs and other things at the shops and institutions of the camp.
13. After registration and inspection all prisoners arriving at a camp shall be sent to fulfill the regulation quarantine, in the course of which all their personal belongings–wearing apparel, linen, etc.-which might serve as a source of infection shall be disinfected.
B. Classification of Prisoners.
14. In order to guarantee the conditions for the more continuous and more suitable attainment of the objects of the penal labor camps, the prisoners shall be classified under three categories, in accordance with their social position and the nature of the offence they have committed.
15. To the first category belong prisoners of the class of toilers (workmen, peasants and employees), who until sentence was pronounced had the right to vote and who have been sentenced for the first time and for a period not exceeding five years and for an offence other than counter-revolutionary activity.
To the second category belong prisoners of the same class as the above, but sentenced for more than five years.
To the third category belong non-working class elements, and persons sentenced for counter-revolutionary offences.
16. Three different regimes shall be applied to prisoners in camps: primary, modified and privileged.
Prisoners subject to the primary regime shall be employed on general labor, shall live within the confines of the camp, in special quarters, shall not have the right to go out of these quarters freely, and shall be told off for work according to a general list.
Prisoners subject to the modified regime shall be regularly employed in institutions, enterprises and industries, shall live in messes attached to the enterprises, shall have a right to leave of absence, shall be told off for work according to their labor cards, and may receive rewards.
Prisoners subject to the privileged regime, besides enjoying the conditions laid down for the modified regime, shall have the right to go outside the limits of the camp and to be employed in administrative-domestic duties, both in the management of the camp, and in the direction of productive work.
Note: Non-working class elements, and persons sentenced for counter-revolutionary offences, shall not be employed in administrative-domestic duties.
17. The primary regime shall be applied to all prisoners on their arrival:
First category: not less than 6 months.
Second category: not less than 1 year.
Third category: not less than 2 years.
Note: The conditions of the primary regime may be changed by the camp commandant in accordance with the character of the work, provided that the changes do not cause the regime to approximate to the modified or the privileged regime.
C. General Conditions of Labor for Prisoners.
18. Prisoners shall be divided, according to the results of the medical report, to the category they are in (clauses 14 and 15), to the conditions of the r6gime and to the nature of their calling, into those allotted respectively to
(a) General labor;
(b) Work in institutions, enterprises, industries, lumber work, etc.;
(c) Work in connection with the administrative-domestic direction of the camp.
19. General labor shall be done compulsorily under supervision, without the right to any freedom of movement that is not involved in the conditions of the work.
20. Work in institutions, enterprises and industries shall be carried out in accordance with the qualifications and special training of the prisoners.
21. All prisoners, no matter to which category or r6gime they belong, shall enjoy rations according to the kind of work they are doing.
The rations are divided into four categories:
(1) basic.
(2) working.
(3) supplemented.
(4) penal.
Note 1. The basic standard of rations shall be defined by the OGPU, but shall not in any case fall below the minimum of calorie-producing substances.
Note 2. The diet of bed-cases shall be arranged according to, special basic standards. The basic standards of walking-cases shall also be increased on the doctor’s orders.
22. Prisoners shall be provided with clothing, footwear, linen and bedding, as need arises.
23. The following measures of encouragement shall be applied in cases when prisoners show zeal in their work and signs of improvement by good conduct:
(a) An expression of thanks in the orders of the camp, or of the director of camps and an entry in their personal record;
(b) The grant of a reward;
(c) An improvement in lodging and (other) living conditions, e.g., the right to receive personal visits, take walks freely, receive and send letters out of turn and in addition to the basic standard, etc.
24. Rewards shall only be given to prisoners who are subject to the modified or the privileged r6gime. The procedure in regard to rewards, and their amount, shall be fixed by the OGPU
25. The rewards may include:
(a) Money prizes;
(b) The grant of increased rations;
(c) An earlier transfer to the modified or the privileged regime;
(d) A recommendation of the records commission for remission of part of the sentence, either with or without enforced residence.
26. Prisoners guilty of spoiling tools or materials, whether willfully or negligently, shall be liable to disciplinary punishment or to deductions from their rewards.
Prisoners guilty of systematically spoiling tools, or materials, with the object of injuring an enterprise will incur penal responsibility.
27. The working day for prisoners shall not exceed eight hours as a general rule. Exceptions may be made only in accordance with the seasonal nature of work in special circumstances, by permission of the People’s Commissariat of Labor of the USSR
28. The standards of pay and the protection of labor shall be arranged by the OGPU in agreement with the People’s Commissariat of Labor.
D. Medical Treatment and Care of Sick Prisoners.
29. In case of sickness prisoners enjoy the medical attention of the medical staff of the camp. Prisoners requiring treatment in bed shall be placed in camp hospitals, and in extreme cases, where the camp has no hospital, in general hospitals.
E.–General Conditions for the Treatment of Prisoners.
30. Prisoners shall live, according to their category and regime, in special quarters, in messes, on the premises of enterprises and industries, or outside the camps.
31. Prisoners having a bad influence on others or suspected of preparing to escape may be transferred to solitary confinement or to special common rooms under special supervision.
32. Persons who persistently break the conditions of the r6gime or the regulations, and persons guilty of malingering, may be sent to solitary confinement or to special (i.e., punitive) work.
F. Visits to Prisoners, Correspondence, Gifts and Parcels.
33. Prisoners may be allowed visits in accordance with the special instructions of the OGPU
34. Prisoners’ correspondence shall be subject to the following rules:
(a) Every communication shall be examined by the administration;
(b) Letters written by prisoners and correspondence addressed to them may be confiscated, in which case the prisoner shall be notified of the fact.
35. Prisoners have the right to receive gifts, postal parcels and money orders.
The receipt of parcels and money orders shall be subject to the instructions of the OGPU
Note: Money received by prisoners shall be credited to their personal account and not paid over to them.
G. The Transfer and Release of Prisoners.
36. The transfer of prisoners from one camp to another shall be carried out by the OGPU; the transfer from one section of the camp to another by the camp commandant.
On transfer from one section to another prisoners remain in the same category and under the same regime in which they were at the moment of transfer.
37. The term of imprisonment runs from the date indicated in the sentence or in the order of the OGPU
38. Upon receipt of a legal order of release a prisoner shall be released forthwith.
39. Upon the expiry of the term of imprisonment the prisoner shall be released forthwith by order of the administration of the camp without special inquiry or any delay for a decree of the court or of the OGPU
The prisoner shall be released forthwith upon the promulgation of a general or a personal amnesty.
40. A special fund shall be maintained to afford material assistance to persons released from the camp.
This fund shall consist of:
(a) Deductions of part of the rewards credited to prisoners;
(b) Deductions from prisoners’ wages;
(c) Other receipts.
41. On the death of a prisoner the medical Section of the camp shall draw up a death certificate showing the cause of death.
H.–Conditional Remissions of Sentence, and Enforced Residence.
42. Prisoners in camps who, until sentence was passed on them, enjoyed the right to vote, and who have given proof of improvement, may be granted conditional remission of part of their sentence, either with or without enforced residence within the zone of the camp for the unexpired period of their sentence.
43. If a prisoner is sent to enforced residence before, or on expiry of his term of imprisonment, the place of enforced residence shall be decided in accordance with the sentence. If the place is not indicated in the sentence, it shall be decided by the Camp Commandant.
I. Disciplinary Measures.
44. Prisoners guilty of any infringement of the regime, or of the rules of internal order, shall be liable to the under-mentioned disciplinary punishments, imposed by the Camp Commandant in accordance with the nature of the offence.
(a) A reprimand, which may be either simple or severe;
(b) A limitation or withdrawal of the right to receive gifts (parcels) for a period not exceeding one month;
(c) A limitation or withdrawal of the right to send or receive letters for a period not exceeding three months;
(d) A limitation for the same period of the right to dispose of sums of money standing to the credit of the prisoner’s personal account;
(e) Solitary confinement for a period not exceeding thirty days;
(f) A change of regime;
(g) Punitive labor for a period not exceeding six months;
(h) Transfer to a punitive section for a period not exceeding one year.
The conditions of the disciplinary measures enumerated above, and the arrangements for their application, are defined in the special instructions of the OGPU
J. Cultural-Educational Work.
45. Cultural-educational work in camps must correspond to the class character of the whole penal labor system of the camps, with preferential treatment for prisoners who are of the laboring class or of peasant origin.
46. All illiterate prisoners up to 50 years of age shall attend the cultural-educational institutions in the camp in their spare time. All the work of enlightenment, e.g., clubs, theatricals, instructional lectures, shall be organized from among the prisoners themselves.
K. The Employment of Arms.
47. Persons belonging to the personnel of the administration or the guard of a camp and having the right to carry arms may resort to the use of arms in the following circumstances
(a) In defense of a protected post or person;
(b) In self defense;
(c) Against prisoners effecting their escape;
(d) In case of an outbreak of disorder or violence on the part of prisoners against the administration of the camp.
48. The improper use of arms by the above-mentioned persons is punishable under the penal code.
49. In every case of use of arms, a report on the circumstances shall be furnished to the OGPU by the proper authority.
L. Escape of Prisoners.
50. The absence of a prisoner without permission from the area to which he has been sent, or from the place of work where he is employed, or the failure of a prisoner to appear within six hours after the evening roll call in his place of residence, shall be considered as an escape.
51. Whenever a prisoner escapes, the Camp Commandant shall hold an enquiry and report the matter to the OGPU
PART 4. Supervision of the Camps by the Public Prosecutor
52. The observance of the regulations and the proper treatment of the prisoners shall be under the supervision of the Public Prosecutor of the Republic in the territory of which the penal labor camps are situated, acting in virtue of full powers specially conferred upon him by the Public Prosecutor of the Supreme Court of the USSR
53. Public Prosecutors, as supervisors of penal labor camps, shall have the right
(1) To visit labor camps at any time by day or by night;
(2) To interrogate prisoners direct and to accept complaints from them;
(3) To watch over the execution in all penal labor camps of all the regulations relating to the prisoners’ labor and to the cultural-educational work, and of all the other rules laid down in this decree;
(4) To give instructions to the administration concerning the immediate elimination of any irregularities which may be discovered;
(5) To suspend the application of any decisions of the administrations which contravene the present decree;
(6) To suspend the execution of irregular remissions of sentence.
54. Complaints by the administration of a camp against orders of the Public Prosecutor’s Department shall be dealt with by the OGPU The complaints shall not suspend the execution of such orders.
Source: Selection of Documents Relative to the Labour Legislation in Force in the Union of Soviet Socialist Republics (London: H. M. Stationery Office, 1931), pp. 120-129.