The Problems with Political Trials

The Problems with Political Trials

Description image by Barbara J. Falk Associate Professor, Canadian Forces College.
  • First Posted: Aug 24 2009 00:07 AM
  • Updated: about 1 year ago

In an effort to avoid revolution, Iran's Islamic regime is holding a series of "show trials." History suggests this is a very bad move.

The Iranian authorities are terribly concerned to avoid a “velvet-type revolution” in the Islamic Republic – hence the more than two months of vicious societal repression since the June 12 elections. However, their latest effort – a series of classic “show trials” complete with conspiracies, secret evidence, and “confessions” – maybe brings them closer to regime change than they themselves realize.

Political trials have long been a hallmark of authoritarian governments of all stripes. Particularly in states where adherence to the rule of law is questionable at best, one wonders why rulers would bother holding such trials at all. After all, the charges are usually either trumped-up or fabricated, the testimony is often pre-rehearsed, and the outcomes are all but assured in the state’s favour.

Nonetheless, such trials have long served a variety of purposes other than as a means to determine the guilt or innocence of the alleged offenders. They are public and ritualistic exercises in defining friends and enemies. They afford undemocratic societies the opportunity to place blame on particular groups and individuals when things go terribly wrong. Moreover, they are didactic – instructive in delineating the limits of permissible dissent. Trials, after all, are stories. The metaphor of courtroom drama is appropriate: trials offer dramatic narrative, conflict, betrayal, and often a falling from grace or calling to account. The characters are slotted into Manichean stereotypes, and whether the system of law is inquisitorial or adversarial, final judgement is inevitable. Long before reality television, political trials have been both sensational and entertaining.

However, the miscarriages of justice that the verdicts of political trials produce are instructive in another sense. They stand as hallmarks of a regime’s willingness to sacrifice justice to political expediency. Because individual trials are often microcosms of larger social dramas, they come to represent societal antagonism and political excess. Inevitably, calls for the rehabilitation of trial victims or judicial review of one sort or another form an important subset of concrete demands from organized opposition groups. If particular “criminals” are executed, their “martyrdom” and “innocence” become symbolically and powerfully important.

The rehabilitation of the Slansky trial victims, for example, was an important precursor to the Prague Spring in Czechoslovakia. Similar calls for re-evaluating the Rajk trial victims preceded the Hungarian Revolution of 1956. Although both these movements were eventually crushed by Soviet tanks, these trials and the political repression they represented helped spell eventual doom for the authoritarian communist rulers of these two states. They became enduring symbols of illegitimacy and corruption. Moreover, as with the Moscow “show trials” of the 1930s, such trials do little to garner support from abroad, and those who were duped given their own commitment to communism were later reminded of their gullibility. Political trials have a tendency to generate more shame than justice.

If they really wanted to avoid a “velvet” or “coloured” revolution, the rulers of the Islamic Republic would pay closer attention to the lessons of history. If they did, they would do everything possible to avoid such trials and such a public display of the base and paranoid foundations of their repressive power. At the same time as we abhor such trials, however, we can be somewhat smug in the foreknowledge that another day of reckoning may arrive for Iran. Not financed by the CIA or the British secret service as the official story currently suggests, nor by criminal and seditious elements in their midst. Rather, judgment will ultimately come from Iranians themselves who, in continually and effectively speaking truth to power (albeit currently in coded phrases whispered from rooftops), will not forget the shame of the obviously forced confessions, the absurd charges, and the devastating outcomes.

TAGS: Politics

Comments

Re:Marks

rules of engagement

I agree with everything in this piece, but I would point out two things: a) There is a big slice of Iranian society out there that is hostile to the pro-democracy protesters and their leaders. While it seems to us, as outside observers, that the trials are a complete sham, it may not seem so to the pro-regime Iranians. People have been saying that it's impossible to have show trials in the TV age, but I do not think this is true: if the last ten years have taught us anything, it's that a viewer's pre-formed opinion is capable of skewing almost anything to conform to that opinion. Thus where we see (rightly) indomitable patriots who are victims of horrific human rights abuses, the pro-regime viewership inside Iran -- the only viewership the Iranian leadership cares about -- may just see traitors who have got what they deserve and are whining about it. So I don't know if these show trials are really that ineffective domestically. b) Consciously or unconsciously, anti-regime or pro-regime, we respond to these show trials not as acts of justice or even as reality TV but as hidden displays of despotic power. This is above all the Iranian state trying to show off how ruthless it is. The very transparency of the injustice is part of that: the viewer is being told that justice itself is subject to Khamenei's diktat.

Jack Mitchell

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