2. The Revolutionary Tribunal for offenses indicated in Article I imposes upon the guilty the following penalties: (1) fine; (2) deprivation of freedom; (3) exile from the capitals, from particular localities, or from the territory of the Russian Republic; (4) public censure; (5) declaring the offender a public enemy; (6) deprivation of all or some political rights; (7) sequestration or confiscation, partial or general, of property; (8) sentence to compulsory public work.
The Revolutionary Tribunal fixes the penalty, being guided by the circumstances of the case and the dictates of the revolutionary conscience.
II. The verdicts of the Revolutionary Tribunal are final. In case of violation of the form of procedure established by these instructions, or the discovery of indications of obvious injustice in the verdict, the People’s Commissar of Justice has the right to address to the Central Executive Committee of the Soviets of Workers’, Soldiers’, and Peasants’ Deputies a request to order a second and last trial of the case.
Refusal to obey the Soviet Government, active opposition to it, and calling upon other persons “to oppose or disobey it” are thus made punishable offenses. In view of the uproar of protest raised in this country against the deportation of alien agitators and conspirators, especially by the defenders and upholders of the Bolsheviki who have assured us of the beneficent liberality of the Soviet Utopia, it may be well to direct particular attention to the fact that these “instructions” make special and precise provisions for the deportation of political undesirables. It is set forth that the Revolutionary Tribunal may inflict, among other penalties, “exile from the capitals, from particular localities, _or from the territory of the Russian Republic_,” that is, deportation. These penalties, moreover, apply to Russian citizens, not, as in the case of our deportations, to aliens. The various forms of exile thus provided for were common penalties under the old régime.[15]
[15] To avoid misunderstanding (though I cannot hope to avert misrepresentation) let me say that this paragraph is not intended to be a defense or a justification of the policy of deporting alien agitators. While admitting the right of our government to deport undesirable aliens, as a corollary to the undoubted right to deny their admission in the first place, I do not believe in deportation as a method of dealing with revolutionary propaganda. On the other hand, I deny the right of the Bolsheviki or their supporters to oppose as reactionary and illiberal a method of dealing with political undesirables which is in full force in Bolshevist Russia, which they acclaim so loudly.