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Being the Indictment, Trial and Condemnation of Arkadi Berdichevsky in Vorkuta in 1938 and thereafter his rehabilitation hearing in 1954 --Documents from Russia in 2004

 

                   EMBASSY OF THE RUSSIAN FEDERATION

                                2650 Wisconsin Avenue, N.W.
                                Washington, D.C. 20007

TO: Mr. W.G. Krasnow
Alexandria, VA 22314
September 7, 2004

Dear Vladislav Georgievich,

We forward herewith to you the response of the Department of Registry and Archival Collections of FSB of Russia.

Respectfully,

[Signature]   P. Ambarov
First Secretary

 

Federal Security Service
of the Russian Federation [FSB]
Department of Registry and Archival Collections

July 20, 2004
No. 10/A-K-650
Moscow

TO:  W.G. Krasnow
Alexandria, Virginia 22314

Dear Vladislav Georgievich!

In response to your request, we are enclosing herewith a copy of documents from the archived Investigation File #KP-6319. Those documents pertain to the case of Arkady Yakovlevich Berdichevsky, born in 1888 in the city of Odessa, and sentenced to death by a firing squad by the decision of Troyka at the NKVD Office for the Archangelsk Oblast according to the articles 58-10 and 58-11 of the Criminal Code of the Russian Soviet Federative Socialist Republic.

Attached are copies of these documents on 17 pages sent exclusively to this address.

Deputy Chief of the Department,

[Signature]  L.B. Pavlenko

[Translator W.G. Krasnow: The two pages of Personal File No. 61568 are not translated as they contain no new information, except stating that Berdichevsky’s height is 168 cm and he has normal body built. The rest of the selection is translated page by page]

Translation of Page 55 (as marked in handwriting)

 

Indictment and Restraining Order
[POSTANOVLENIE]

On December 27, 1937, in the City of Vorkuta, NKVD Operation Agent Mr. Zaudalov reviewed the Case of Berdichevsky, Arkady Yakovlevich. Taking into account that the said Berdichevsky, while serving his sentence in [one of the labor camps of the Pechora region: the exact name was not Xeroxed completely] for his Counter-revolutionary activities, became a member of a group of Orthodox Trotskyites, which group set it as its goal to conduct an active Counter-Revolutionary agitation among the prisoners, calling them to refuse to work en masse,

Be resolved:

To indict Berdichevsky, A. Ya. [for his role] according to the articles 58/10,11, and 14 of the Criminal Code of the RSFSR, and, in order to prevent him from obstructing the investigation and, as a punishment for his contempt of court, place him in an Isolation Cell of 1st Category

Operation Agent: Zaudalov [Signature]

The Accused: A. Berdichevsky [Signature]

Copies to be sent to: a and b

 

An ACT

On December 27, 1937, acting as Operation Agent of the 3rd Department, I, Mr. Zaudalov, in the presence of my Deputy Mr. Dmitriev, and 3rd Department colleague, Mr. Dunaev, state the following: on that date the accused Arkady Yakovlevich Berdichevsky, when called to an interrogation, refused to answer my questions which fact is now stated as an Act.

Operation Chief of the 3rd Department: Zaudalov [Signature]
Deputy Operation Chief: Dmitriev   [Signature]
3rd Department Agent: Dunaev [Signature]

“AGREE”
DEPUTY CHIEF OF THE 3RD DEPARTMENT OF NKVD’S GULAG

Captain of State Security                                                 (Grigorovich)

[Signature]
      “ January 1938

 

THE FINAL INDICTMENT

For the Investigative Case No…of the 3rd Department of NKVD’s UKHTPECHLAG, subject to the discretionary decision by the Troika of NKVD’s Archangelsk Regional Branch Office

According to the Investigative Dossier, the following individuals are ACCUSED:

  1. BERDICHEVSKY, Arkady Yakovlevich, born in 1888 in the city of Odessa, a Jew, son of a merchant, former BUND member, sentenced in 1936 for counter-revolutionary Trotskyite activities to five year in the camps by the decision of the Special Conference of the NKVD of the USSR.
  2. BOGACHEV, Ignaty Ivanovich, born in 1888 in the village of Nikitskoe, Sychev Raion, Zapadnaya Oblast’, former VKP(b) member [Bolshevik Party], sentenced by the Special Conference for his c-r activities to five years in the camps.
  3. VASILIEV, Mikhail Petrovich, born in 1897 in the city of Leningrad, former    VKP(b) member, three times repressed for his c-r Trotskyite activities, the last time sentenced by the Special Conference to five years in the camps.
  4. GOLUBCHIK, Rafail Izrailevich, born in 1909 in the city of Chernobyl of Kiev Oblast’, citizen of the USSR, sentenced by NKVD’s Special Conference to five years in the camps for his c-r Trotskyite activities.
  5. DVINSKY-FAIDMAN, Efim Evseevich, born in 1902 in the city of Minsk, twice repressed for his c-r Trotskyite activities, last time sentenced to five years by the Special Conference for his c-r Trotskyite activities.
  6. ELISAVETINSKY, Mark Abramovich, born in 1904 in the city of Cherkassy of Kiev Oblast, sentenced in 1936 by the Special Conference of the NKVD to five years for his c-r Trotskyite activities.
  7. IGONIN, Nikolai Petrovich, born in 1906 in the city of Samara, former VKP(b) member, four times repressed for his c-r Trotskyite activities, the last time sentenced by the NKVD’s Special Conference to five years in the camps.
  8. KOSTINSKY, Avraam Evseevich, born in 1911 in the township Gornostampol of Kiev Oblast, former member of the VLKSM [Komsomol], sentenced by the NKVD’s Special Conference to five years in the camps for his c-r Trotskyite activities.
  9. LEMER, Yuri Pavlovich, born in 1905 in the village of Posvalskoe of Ponevezh Uezd, Kiev Oblast, a Jew, former VKP(b) member, had been tried before according to the articles 58/10 and 11 of the Criminal Code, and in 1936 sentenced by the NKVD’s Special Conference to five years in the camps.
  10. EGOROV, Vasily Trofimovich, born in 1888 in the village of Kolbino, Kalinin Raion, Kalinin Oblast’ (historical Tver’), Russian, in 1936 sentenced by the NKVD’s Special Conference for his c-r Trotskyite activities to five years in the camps.
  11. KHAZAN, Grigory Mikhailovich, born in 1906 in the city of Odessa, former member of the VLKSM, in 1936 sentenced by the NKVD’s Special Conference to five years in the camps for his c-r Trotskyite activities.
  12. PANAIOTTI, Ivan Khristoforovich, born in the city of Kerch in 1904, ethnic Greek, former VKP(b) member, thrice repressed for his c-r Trotskyite activities, the last time sentenced in 1936 for counter-revolutionary Trotskyite activities to five years in the camps.
  13. MAMPORIA, Porfiry Gavrilovich, born in 1898 in the settlement of Orulyarcheti in the Georgian SSR, former VKP(b) member, in 1936 sentenced by the NKVD’s Special Conference to five years in the camps for his counter-revolutionary Trotskyite activities
  14. PLATKIN, Moisei Grigorievich, born in the city of Gomel, Belorussia, in 1905, former VKP(b) member, in 1936 sentenced by the NKVD’s Special Conference to five years in the camps for his counter-revolutionary Trotskyite activities.
  15. KOMOGOROV, Nikolai Vasilievich, born in 1906 in the city of Trubachevsk, Zapadnaya Oblast’, former VKP(b) member, formerly repressed for his counter-revolutionary Trotskyite activities, and in 1936 sentenced by the NKVD’s Special Conference to five years in the camps for his counter-revolutionary Trotskyite activities.
  16. NEKHLIN, Shevel Solomonovich, born in 1904 in the city of Romny, Poltava Oblast’, former VKP(b) member, had been formerly tried, and in 1936 sentenced by the NKVD’s Special Conference for his participation in a counter-revolutionary Trotskyite group to five years in the camps.
  17. MAKSIMOV-SHAKHTEROV, Iosif Lazarevich, born in 1901 in the city of Odessa, former VKP(b) member, had been earlier tried according to the article 58/10 of the Criminal Code, and in 1935 sentenced by the NKVD’s Special Conference to five years in the camps for his counter-revolutionary Trotskyite activities.

The above-named individuals are accused of the crimes, which are spelled out in the article 58, paragraphs 10 and 11 of the Criminal Code of the RSFSR.

The 3rd Department of NKVD, attached to the UKHTPECHLAG, received information that a group of prisoners, sentenced for their counter-revolutionary Trotskyite activities, has been organizing, from the moment of their arrival in the camps, long-term hunger strikes to demonstrate a “protest” against the policy set by the VKP(b) and the Soviet Government.

Later, the said group, under the leadership of KOMOGOROV, BERDICHEVSKY, and IGONIN, having infiltrated itself in one of the labor camp’s working teams, consolidated itself as a counter-revolutionary Trotskyite formation. This group set before itself far-reaching goals, such as the broad propaganda of Counter-Revolutionary Trotskyite ideology, stirring up discontent among prisoners sentenced for petty crimes, organizing massive refusal to work, obstructing production quotas and schedules, as well as recruiting and training cadres which could be used in case of an armed conflict between the USSR and the Fascist countries.

To achieve these goals, the members of this group gathered crowds of prisoner and then conducted among them a counter-revolutionary propaganda aimed at discrediting the leader, exaggerating Trotsky’s “merits,” spreading the slanderous fabrications about Lenin’s testament according to which Trotsky was to be a successor in Party leadership.

Moreover, they tried to convince the prisoners that in a future war with the fascist countries the USSR would be defeated and then the Trotskyites would take power.

As far as their goal of undermining the camp’s productivity, this counter-revolutionary group systematically worked to create delays, slowdowns and the atmosphere of discontent thereby aiming at provoking massive discontent among the prisoners.

Although the accused BERDICHEVSKY, KOMOGOROV, NEKHLIN, IGONIN and others did not acknowledge their quilt, the testimony of the witnesses, as well as other information collected to buttress this case, completely exposed them.

THEREFORE IT WAS DECIDED

The Investigative Dossier No…. charging BERDICHEVSKY, KOMOGOROV, NEKHLIN, IGONIN and others numbering 17 people all together, with the crimes according to the articles 58, paragraphs 10 and 11 of the Criminal Code, be moved to consideration by the Troika attached to the Archangelsk Oblast’ NKVD Office.

Acting Chief of the 6th Sector of the 3rd Department of NKVD at UKHTPECHLAG

[Signature] (Zavadsky)

Reference: For the three people in this case: (1) KOMOGOROV, Nikolai Vasilievich; (2)NEKHLIN, Shevel Solomonovich; and (3)MAKSIMOV-SHAKHTEROV, Iosif Lazorevich see the Investigative Dossier No.1611 which is also to be sent for consideration by the Troika in Archangelsk.

Acting Chief of the 6th Sector of the 3rd Department at NKVD’s UKHTPECHLAG

[Signature] (Zavadsky)

“AGREE”

 Acting Chief of the 3rd Department of UKHTPECHLAG

[Signature] (SILIN)

“Composed” on the 3rd of January 1938

REFERRAL [SPRAVKA]

(An Excerpt based on the Investigative Dossier No.90)

1.       BERDICHEVSKY, Arkady Yakovlevich, born in 1888 in the city of Odessa, a Jew, son of a merchant, former BUND member, sentenced by the Special Conference of the NKVD of the USSR to five years in the camps for his counter-revolutionary Trotskyite activities.

A leader [rukovoditel’] and organizer of a counter-revolutionary group which conducted, among the prisoners, a counter-revolutionary agitation and propaganda aimed at discrediting the policy of the VKP(b) and Soviet Government. This group spread slanderous fabrications against the leader [vozhd’], preached “defeatism,” and worked to create massive refusals to work and to undermine production.

 

[The Verdict]

An Excerpt from the Minutes No. 58

Of the Session of Troika Attached to the NKVD Main Office for the Archangelsk Oblast’

11 January 1938

AFTER HEARING

Investigative Case No.90 of the 3rd Department of NKVD at Ukhtpechlag concerning charges against BERDICHEVSKY, Arkady Yakovlevich, born in 18888, previously condemned to five years of deprivation of freedom for his counter-revolutionary Trotskyite activities,

Who is now ACCUSED in that, while serving his punishment in Ukhtinsko Pechorsky Corrective Labor Camp, he organized a group and systematically conducted counter-revolutionary Trotskyite agitation.

It was DECIDED that

BERDICHEVSKY, Arkady Yakovlevich to be EXECUTED by a firing squad.

His File is be sent to the Archives.

The correctness [of the above excerpt] is AFFIRMED: by Chief of the 8th Department of the Main NKVD Office for the Archangelsk Oblast’

Sr. Lieutenant of State Security /RUDNEV/ [Signature and Seal]

 
AN EXCERPT FROM AN ACT

The decision of the Troika of the NKVD for Archangelsk Oblast’, made on the 11th of January 1938 concerning the execution of the prisoner Berdichevsky Arkady Yakovlevich [the name is filled in by hand in the blanc form] was carried out on the 30th of March, 1938.

Senior Inspector of [??] Department of NKVD at Ukhtpechlag

                        [Signature]                     (Frolovich)

 

Rehabilitation Decision in 1955

TO THE SUPREME COURT OF KOMI AUTONOMOUS SOVIET SOCIALIST REPUBLIC

A PROTEST

RE: The Case of Vasiliev, M.P. and Others

On January 11, 1938, based on the article 58-10 and 58-11 of the Criminal Code of the RSFSR, the following individuals were sentenced by the decision of Troika of the Main Office of NKVD for the Archangelsk Oblast’ to capital punishment [the Russian initials, V.M.N., mean the highest degree of punishment]:

  1. BERDICHEVSKY ARKADY YAKOVLEVICH, born in 1888 in Odessa, previously sentenced.
  2. BOGACHEV IGNATY IVANOVICH, born in 1888 in former Zapadnaya Oblast, previously sentenced.
  3. VASILIEV MIKHAIL PETROVICH, born in 1897 in Leningrad, previously sentenced.
  4. GOLUBCHIK RAFAIL IZRAILEVICH, born in 1909 in Kiev Oblast, previously sentenced.
  5.  DVINSKY-FAIDMAN EFIM EVSEEVICH, born 1902 in Minsk,  previously sentenced.
  6. ELISAVETINSKY MARK ABRAMOVICH, born 1904 in the city of Cherkassy, Kiev Oblast’, previously sentenced.
  7. IGONIN NIKOLAI PETROVICH, born in 1906 in the city of Samara, previously sentenced.
  8. KOSTINSKY AVRAAM EVSEEVICH, born 1911 in Kiev Oblast, previously sentenced
  9. LEMER YURI PAVLOVICH, born in 1905 in Kiev Oblast’, previously sentenced.
  10. EGOROV VASILY TIMOFEEVICH, born in 1888 in Kalinin [formerly Tver’] Oblast’, previously sentenced.
  11. KHAZAN GRIGORY MIKHAILOVICH, born in 1906 in the city of Odessa, previously sentenced.
  12. PANAIOTTI IVAN KHRISTOFOROVICH, born in 1904 in the city of Kerch, previously sentenced.
  13. MAMPORIA PORFIRY GAVRILOVICH, born in 1898 in Georgia, previously sentenced.
  14. PLATKIN MOISEI GRIGORIEVICH, born in 1905 in the city of Gomel’ [Belarus], previously sentenced.

The above-named individuals were found guilty in that, while serving their terms in Ukhtizhemlag, they formed an anti-Soviet group and conducted anti-Soviet agitation among the prisoners. Some of them actively participated in massive hunger strikes.

The decision of Troika in respect to all of the above-named was carried out on March 30, 1938.

The decision of Troika in respect to all of the above-named must be annulled for the following reasons:

As can be seen in the documents contained in their Case Dossier, none of the accused left any testimony. The Dossier contains some Acts stating that the accused refused to give any information. However, the veracity of these acts is in question because all these acts were written on the same date /December 27, 1937/ by the same person.

The Dossier also shows that all of the accused worked in the same work team whose team leader, KOMOGOROV, was sentenced, based on a different case.

The Dossier contains no document supporting the charge that the accused were members of an anti-Soviet group. The fact that they worked in the same team is insufficient evidence for such an accusation.

The Dossier contains no documents to support the claim that participation of some of the accused in a massive hunger strike should be treated as a criminal offense.

An Addendum to the Dossier contains statements of some prisoners, none of whom belongs to this group, explaining their motivation to take part in the above-named hunger strike. These statements do not show that the strikers presented any political demands /l.d.10-12/.

As part of the investigation of this case, 8 prisoners were interrogated as witnesses. Their testimony cannot be treated as objective evidence to support the charges against the accused for the following reasons:

Witnesses LYZIK /l.d.41/, POPANDOPULO /l.d.45/, and RUPP /l.d.51/ testified to the fact that the team’s performance was poor. However, their testimony contains nothing to support the charges against the accused.

SOBAKIN /l.d.43/, GUSHCHA /l.d.47/, KRUGLIK /l.d.39/, and DOLGIKH /l.d.49/ stated that the accused conducted anti-Soviet agitation. However, none of these witnesses singled out any of the accused, nor gave any context or details supporting the charge.

YUNIN /l.d.32/ testified that KOMOGOROV had made anti-Soviet utterances. However, KOMOGOROV was sentenced in a different case, and so there are no specific facts to support the charges in respect to the people condemned in this particular case.

Based on the above and in conformity to the Decree of August 19, 1955,

I REQUEST

The decision of the Troika of the Main Office of NKVD for Archangelsk Oblast’ of January 11, 1938, in respect to all convicted in this case to be annulled and the case terminated and closed for the lack of evidence.

 

ATTORNEY GENERAL OF KOMI REPUBLIC

STATE COUNCILLOR OF JURISPRUDENCE, 3RD CLASS

[Signature] /LOSHKAREV/

REFERRAL:

This case was initiated in respect to Mr. M.P. Vasiliev at the request of the Office of the Attorney General [Prokuratura] of the USSR

This document, PROTEST, is not dated [Translator’s Note]

THE DECISION No. 44y57c

The Presidium of the Supreme Court of Komi Autonomous Republic

City of Syktyvkar, March 29, 1961

Chairman: Nechaev, N. Ya.

Presidium Members: Zyuzev, G.I; Ms. Kolegova, E.G., Mr. Levich, K.I. and Mr.. Shagleev, A.E.

Attorney General of Komi Republic: Loshkarev, P.G.

Presented By: Nechaev, N. Ya.

The Presidium considered the Protest of the Attorney General of Komi Republic in respect to the Decision of the Troika of the Main NKVD Office for the Archangelsk Oblast’ of January 11, 1938, according to which the following individuals:

  1. BERDICHEVSKY Arkady Yakovlevich, born in 1888 in the city of Odessa, college-level education, sentenced by the Special Conference of NKVD on August 9, 1936, to five years of deprivation freedom and was serving his sentence;
  2. [with slight variations and more biographical details, the other 13 people are listed, all those who are named in the Protest. I omit this repetition. Translator’s Note. WGK]

Were condemned to death through a firing squad.

The Troika decision was carried out on March 30, 1938.

The Protest is presented to request the annulment of the Troika decision and the closure of the case.

Having heard the presentation by the member of the Presidium, Comrade Nechaev, N.Ya. and the concluding rematks by the Attorney General of Komi Republic, Comrade Loshkarev, P.G, who supported the Protest, the Presidium of the Supreme Court of Komi Autonomous Republic

 

ESTABLISHED

That even though the above-named individuals, while serving their terms in Ukhtizhemlag, were found guilty of forming an anti-Soviet group and conducting anti-Soviet agitation among the prisoners, and that some of them actively participated in massive hunger strikes,

The Protest of the Attorney General of Komi Republic is well-founded and must be accepted.

In this Case, the accused were neither charged nor offered a chance to testify. Nor were they introduced to the evidence held against them.

This Dossier contains no evidence of the charge that the accused formed a group and conducted anti-Soviet agitation among the prisoners. Moreover, the alleged participation in a hunger strike does not constitute a criminal offense.

The witnesses who were interrogated in the course of investigation offered no specific proof that the accused were involved in anti-Soviet agitation.

Witnesses Lyzik, Popandopulo, and Rupp did not go beyond stating that in the team where the accused had worked work efforts were poorly organized. Witnesses Sobakin, Gushcha, Kruglik, and Doldikh offered no specific examples of anti-Soviet agitation from the accused.

Consequently, the accused were found guilty without an established corpus delicti, that is without a foundation in fact.

In conformity with the Decree of August 19, 1955, the Presidium of the Supreme Court of Komi Autonomous Republic

DECIDED

That the decision of NKVD’s Troika for Archangelsk Oblast’ of January 11, 1938, in respect to Berdichevsky [and the other13 men whose names I omit. Translator WGK] be null and void, and the case be terminated and closed for the lack of evidence [and even of corpus delicti.]

Chairman: [Signature]  /N. Nechaev/

Five copies produced

Card No.38

                  [Seal of the Presidium]