Secret trial
Encyclopedia
A secret trial is a trial
that is not open to the public
, nor generally reported in the news, especially any in-trial proceedings. Generally no official record of the case or the judge's verdict
is made available. Often there is no indictment
. The accused is usually not able to obtain the counsel of an attorney
or confront witnesses for the prosecution, and the proceedings are characterized by a perceived miscarriage of justice
to the benefit of the ruling powers of the society
.
In the English-speaking world, one of the most notorious secret courts was the Star Chamber
as it was used under Charles I
in the early 17th century. The abuses of the Star Chamber were one of the rallying points of the opposition that organized around Oliver Cromwell
, and ultimately resulted in the execution of the deposed king. The term "star chamber" became a generalized term for a court that was accountable to no one (except the chief executive) and was used to suppress political dissent
or eliminate the enemies of the regime.
Secret trials have been a characteristic of almost every dictatorship
of the modern era, but even in democratic regimes secret trials have taken place, usually cited by state authorities as necessary for the same reason as those in dictatorships - national security. Although the Great Purges in the Soviet Union
under Joseph Stalin
are best remembered for the Moscow Trials
, show trial
s in which the court became a parody of justice, most of the victims of the Terror were tried in secret. Mikhail Tukhachevsky
and his fellow Red Army
officers were tried in secret by a military tribunal
, and their executions were announced only after the fact. The presiding judge of the Moscow Trials, Vasili Ulrikh
, also presided over large numbers of secret trials lasting only a few minutes, in which he would quickly speak his way through a pre-formulated charge and verdict.
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
that is not open to the public
Public trial
Public trial or open trial is a trial open to public, as opposed to the secret trial. The term should not be confused with show trial.-United States:...
, nor generally reported in the news, especially any in-trial proceedings. Generally no official record of the case or the judge's verdict
Verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. The term, from the Latin veredictum, literally means "to say the truth" and is derived from Middle English verdit, from Anglo-Norman: a compound of ver and dit In law, a verdict...
is made available. Often there is no indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
. The accused is usually not able to obtain the counsel of an attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
or confront witnesses for the prosecution, and the proceedings are characterized by a perceived miscarriage of justice
Miscarriage of justice
A miscarriage of justice primarily is the conviction and punishment of a person for a crime they did not commit. The term can also apply to errors in the other direction—"errors of impunity", and to civil cases. Most criminal justice systems have some means to overturn, or "quash", a wrongful...
to the benefit of the ruling powers of the society
Society
A society, or a human society, is a group of people related to each other through persistent relations, or a large social grouping sharing the same geographical or virtual territory, subject to the same political authority and dominant cultural expectations...
.
In the English-speaking world, one of the most notorious secret courts was the Star Chamber
Star Chamber
The Star Chamber was an English court of law that sat at the royal Palace of Westminster until 1641. It was made up of Privy Counsellors, as well as common-law judges and supplemented the activities of the common-law and equity courts in both civil and criminal matters...
as it was used under Charles I
Charles I of England
Charles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...
in the early 17th century. The abuses of the Star Chamber were one of the rallying points of the opposition that organized around Oliver Cromwell
Oliver Cromwell
Oliver Cromwell was an English military and political leader who overthrew the English monarchy and temporarily turned England into a republican Commonwealth, and served as Lord Protector of England, Scotland, and Ireland....
, and ultimately resulted in the execution of the deposed king. The term "star chamber" became a generalized term for a court that was accountable to no one (except the chief executive) and was used to suppress political dissent
Political dissent
Political dissent refers to any expression designed to convey dissatisfaction with or opposition to the policies of a governing body. Such expression may take forms from vocal disagreement to civil disobedience to the use of violence. Historically, repressive governments have sought to punish...
or eliminate the enemies of the regime.
Secret trials have been a characteristic of almost every dictatorship
Dictatorship
A dictatorship is defined as an autocratic form of government in which the government is ruled by an individual, the dictator. It has three possible meanings:...
of the modern era, but even in democratic regimes secret trials have taken place, usually cited by state authorities as necessary for the same reason as those in dictatorships - national security. Although the Great Purges in the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
under Joseph Stalin
Joseph Stalin
Joseph Vissarionovich Stalin was the Premier of the Soviet Union from 6 May 1941 to 5 March 1953. He was among the Bolshevik revolutionaries who brought about the October Revolution and had held the position of first General Secretary of the Communist Party of the Soviet Union's Central Committee...
are best remembered for the Moscow Trials
Moscow Trials
The Moscow Trials were a series of show trials conducted in the Soviet Union and orchestrated by Joseph Stalin during the Great Purge of the 1930s. The victims included most of the surviving Old Bolsheviks, as well as the leadership of the Soviet secret police...
, show trial
Show trial
The term show trial is a pejorative description of a type of highly public trial in which there is a strong connotation that the judicial authorities have already determined the guilt of the defendant. The actual trial has as its only goal to present the accusation and the verdict to the public as...
s in which the court became a parody of justice, most of the victims of the Terror were tried in secret. Mikhail Tukhachevsky
Mikhail Tukhachevsky
Mikhail Nikolayevich Tukhachevsky was a Marshal of the Soviet Union, commander in chief of the Red Army , and one of the most prominent victims of Joseph Stalin's Great Purge.-Early life:...
and his fellow Red Army
Red Army
The Workers' and Peasants' Red Army started out as the Soviet Union's revolutionary communist combat groups during the Russian Civil War of 1918-1922. It grew into the national army of the Soviet Union. By the 1930s the Red Army was among the largest armies in history.The "Red Army" name refers to...
officers were tried in secret by a military tribunal
Military tribunal
A military tribunal is a kind of military court designed to try members of enemy forces during wartime, operating outside the scope of conventional criminal and civil proceedings. The judges are military officers and fulfill the role of jurors...
, and their executions were announced only after the fact. The presiding judge of the Moscow Trials, Vasili Ulrikh
Vasili Ulrikh
Vasiliy Vasilievich Ulrikh was a senior judge of the Soviet Union during most of the regime of Joseph Stalin. In this capacity, Ulrikh served as the presiding judge at many of the major show trials of the Great Purges in the Soviet Union.-Early life:Vasili Ulrikh was born in Riga, Latvia, then a...
, also presided over large numbers of secret trials lasting only a few minutes, in which he would quickly speak his way through a pre-formulated charge and verdict.