Clear rules are needed in the investigation and prosecution of suspected enemy spies inside the Party and other revolutionary organizations.
While the people's war advances to a higher stage, US imperialism and the local reactionaries are becoming more persistent and clever in attempting to destroy the revolutionary movement from the inside and from the outside. Among the methods they are using is that of infiltrating spies inside the Party, the people's army and the revolutionary mass organizations.
The identification and repudiation of enemy spies is a very sensitive task which requires prompt and decisive, but careful and precise steps. Rashness or hesitance could both hurt the integrity and unity of the Party and the revolutionary movement.
The actual data show that the spies who have managed to penetrate the revolutionary ranks have been one by one, at low level and are quickly discovered. In general, the damage they have made is still limited, although in some cases, severe. On the other hand, the damage already done by the panic and the excesses in combating enemy infiltration is by far greater.
That is why in our rules, matters connected to the rashness and excesses will be given more attention while being vigilant against hesitance and complacency.
In formulating these rules, it is our aim to translate into clear policies and methods the lessons summed up from our previous experiences in combating enemy spies. In this way, past mistakes will be avoided and the investigation and prosecution of enemy spies will be further developed.
1. Trust in the Party and strictly safeguard the mutual trust among Party members and the trust of the masses in the Party and the revolution. Combat whatever thinking, speech or actions that might destroy this.
2. Security tasks and considerations should always be weighed against and aligned with considerations and needs of politics and justice. Combat the purely military treatment of security matters.
The main and most effective protection of the Party against infiltration by enemy spies is ceaseless ideological, political and organizational strengthening and the prompt rectification of mistakes and shortcomings.
3. When someone has been identified and proven to be a spy who has infiltrated the revolutionary ranks, he should be promptly controlled and removed from a position where he could do damage to the Party and the revolution. Nevertheless, the investigation, prosecution and judgement of enemy spies should be strictly based on and in accordance with scientific spirit and methods. The offense should be clearly proved based on sufficient evidence. Each decision and step should be firmly based on sufficient and verified data.
4. Abide by democratic centralism. Decisions and judgements should be made under the firm leadership of appropriate Party committees. The rights of Party members, especially those under suspicion, should be strictly respected and safeguarded. Combat arbitrariness.
5. Be prudent, weigh all sides, arid maintain firm control over each step. Do not make impulsive decisions and actions. Do not panic.
1. The revolutionary integrity, qualifications and development of Party members are periodically examined within normal Party structures through ideological, political and organizational self-evaluations as well as unit evaluations, which are done orally or with the help of written notes which can be destroyed immediately after use.
2. A higher Party organ can decide to authorize a committee or group to conduct a checkup of a lower unit in relation to a security problem. But it should be ensured that such a committee or group is composed of cadres who are experienced, judicious and who know the history and situation of the units and cadres covered by the checkup. The scope and limits of their authority and functions should also be clearly defined.
3. No overall security checkup will be permitted if it will create widespread doubts and mistrust which will destroy the trust within the Party and among the ranks of the masses, destroy the trust of the masses on the Party and the revolution, and paralyze, destroy and obstruct the normal functioning of the Party or whatever Party unit which is otherwise healthy in the main.
4. No Party member's status and task shall be changed or put in doubt or into question just because he is included in an overall security checkup and without sufficient and clear reason.
5. In security checkups, clearly and strictly distinguish security incidents and questions from ordinary disciplinary incidents and questions. When there is no sufficient and clear basis, violations of discipline should not be mistaken for or suspected as deliberate sabotage of the Party and the revolution.
6. No order will be issued for the collection and storage of biodata and written evaluations which will reveal the real identity of Party members if these papers fall into the hands of the enemy.
7. A security checkup should be conducted within a definite period of time which should be immediately followed by the submission of a report to and discussion by the committee which ordered the checkup, the making of whatever appropriate decision and the taking of additional steps, and the formal conclusion of the checkup.
1. A member or unit of the Party can be put under security investigation when there is a reasonable degree of suspicion that they are possible enemy agents based on acts of omission or commission, inconsistent information on the record, inconsistent actions, circumstantial evidence, and other clues. The decision to conduct a security investigation should be made by the appropriate Party committee, which should not be lower than a provincial committee. Nevertheless, the initiative of all Party cadres and units to investigate whatever incident(s) that may be security-related, which is not yet at the level of counter-intelligence and investigation of a suspected spy, continues to be permitted and encouraged.
2. The aim of pre-arrest investigation is to gather more evidence and verify evidence in order to firmly establish the probable guilt or innocence of the suspect, to make an exact assessment of the danger to security and to identify co-conspirators and links of the suspect, if any.
3. It is the duty of the Party committee which decided on the security investigation to conduct, as far as it can, a most wide-ranging and most deep-going investigation in the shortest possible time. In each order for investigation, the deciding Party committee should clearly state the bases, particular objectives, scope and duration of the investigation, as well as a schedule for periodic assessments of its conduct.
4. Safeguard the investigation and keep it secret.
5. The investigation is not complete if no full consideration is given to evidence tending to prove guilt as well as evidence tending to prove unwillful cooperation or outright innocence. Information should be obtained from Party members who know the most about the suspect, including those who recommended him to become a Party member, those who verified his record and application for Party membership and those who became close to him for a relatively long period of time.
Methods to be used in investigation could be checkup and verification of records and reports, getting of testimony for or against the suspect, surveillance and counter-surveillance, intelligence and counter-intelligence.
6. The status, position and rights of a Party member who is subjected to a security investigation shall remain. Nevertheless, his knowledge of Party secrets could be restricted while the investigation is not yet concluded.
7. Every pre-arrest investigation should be officially concluded by the submission of a report of the results, its being discussed and deliberated upon and the making of the appropriate decisions by the Party committee which ordered the investigation, and a clear declaration on the termination of the investigation.
8. Pre-arrest investigation could lead or not lead to the arrest of the suspect. Arrest will not be made if there is no clear evidence of guilt or there is no evidence showing probable guilt. Arrest of the suspect could also be delayed in order to gather more evidence, to undertake more counter-intelligence work, or in order to avoid consequences of the arrest which would be harmful to the Party and the mass movement.
1. The suspect or suspects will be arrested for investigation and to answer whatever possible charges when clear evidence of guilt or strong evidence of probable guilt is established.
2. The order for the arrest of suspected enemy spies shall be made by the Party committee higher than the unit to which the one to be arrested belongs and which shall be no lower than the level of regional Party committee, after meticulous and thorough analysis of the evidence and proven information relevant to the case. The order of arrest, together with supporting papers, should be submitted immediately for review by the next higher Party committee.
3. Do not make arrests impulsively. Aside from thoroughly weighing the strength of the case and the evidence, it is also necessary to fully take into consideration the advantages and disadvantages of arresting and not arresting, based on possible effects inside the organization, on the masses and allies, implications on the tasks and struggles being advanced, and the capacity of the organization to administer the person to be arrested and the attendant process of trial.
4. Even without an order from the appropriate Party committee, a lower Party committee, people's army unit or mass organization can arrest a suspected enemy spy caught in the act of sabotage or cooperating with the enemy, or who has escaped from detention.
In such a case, it is the duty of the unit which made the arrest to immediately report to the higher organ of the Party or the people's army, and to hold and take care of the person arrested as well as all the evidence until passed on to the appropriate Party committee.
5. An appropriate Party committee can order the arrest of a Party member who has just recently been transferred from its jurisdiction. However, the Party committee currently having jurisdiction over such member has to give its consent.
6. So-called preventive arrest is prohibited. Arrest based on mere suspicion without firm evidence is prohibited even if the stated aim is to ensure the security of the Party and the revolution.
7. The only force that is allowed in making an arrest is only that which is necessary and just to detain the one being arrested. Maltreatment and debasement of the person being arrested is absolutely prohibited.
8. Whenever possible, choose an arresting officer who is known to the person to be arrested. The order of arrest should be shown to the person being arrested and he should be informed of the crime for which he is being charged, as well as the rights of arrested and accused persons which are set forth in these rules.
9. It is the duty of the Party committee having jurisdiction over the arrest and trial to designate at the earliest possible time a defense counsel for the person arrested and to set the schedule for trial. They should also ensure to safeguard the safety, physical and mental health and political education of the detained person.
There is always the possibility that the person arrested will be proven innocent. It is necessary to maintain the trust of the arrested person on the Party when he is proved innocent.
10. The designated defense counsel for the arrested person has the right to visit and talk to the latter so that they can organize the defense at the trial.
11. Selected relatives of the arrested person may be permitted to visit if allowed by the security situation and subject to the decision of the Party committee having jurisdiction.
1. It is assumed that when an order of arrest is made, the strength of the case and the evidence is sufficient to prosecute and try the suspect. Nevertheless, post-arrest investigation shall continue in order to gather more evidence, to further tighten the case for submission to the people's court and to obtain more information in order to find out the entire extent of the crime and all the active and conscious co-conspirators involved.
2. Torture is violative of revolutionary policies on humane treatment of prisoners. It is absolutely prohibited. Judgement and sentencing after guilt has been proven is the prerogative of the people's court and not that of the investigators and the jailers.
3. Be good in the maximum gathering of concrete data and evidence before making an arrest and in using such information to make the person being interrogated make admissions. Avoid methods which would push the person being interrogated to lie in order to save himself from death, harm and debasement.
4. Carefully select interrogators based on their high political consciousness, maturity, skill in interrogation, and knowledge of the person being interrogated and the crime charged against him.
5. All the information obtained through interrogation should pass through evaluation by a council of responsible cadres. Important information should be promptly verified and counterchecked against actual events and data confirmed to be true.
The evaluation should ensure that the information received are true, reliable and not tainted by lies or disinformation. Innocent or guilty, a suspect could be telling the truth, half-truths and lies. There are different motives that could impel a suspect to lie, especially when he is subjected to many physical and mental pressures.
6. Thoroughly investigate, verify and weigh the truth of the testimony, statements or allegations of suspects being interrogated which implicate or cast suspicion on others before making any new arrest.
7. All information obtained through interrogation should be strictly kept secret. Knowledge of such should be strictly limited to those directly involved in the investigation, those involved in the evaluation and to the appropriate Party committee. Unauthorized dissemination or transmission of information obtained from interrogation is strictly prohibited.
8. Every official transmission of information to the proper Party committee should clearly state all the necessary details, evaluation of each item of information, conclusions and recommendations. Avoid erratic and incomplete transmission of information concerning security.
1. Based on firm evidence and probable guilt, the detained suspect should be brought before the people's court. A swift and speedy trial is necessary especially after the suspect has given all the important information that he can give.
2. The accused Party member remains a member of the Party while he is not proven and judged guilty. However, the exercise of his rights as a member are suspended. He shall enjoy the following rights of an accused person:
To be presumed innocent until proven guilty;
To be informed of the charges and evidence against him;
To avail of the services of a defense counsel/lawyer or else to defend himself, if he chooses to;
To have his side heard by the Party organ or people's court trying him and to confront his accusers and the witnesses against him, except when there is an overriding security consideration which does not allow it;
To call witnesses to tell the truth;
The right against self-incrimination; and
The right to appeal to the highest organs of the Party or people's court.
The Party committee having jurisdiction shall ensure that the rights of the accused are respected. They shall also ensure that the accused is given sufficient time and opportunity to study the charges and the evidence against him and to organize his defense.
3. The process of trial shall consist of the following parts: the reading of the charge, the lining up of evidence and of proven events; the presentation of the accusations, evidence and witnesses by the prosecutor; the presentation of the defense, evidence and witnesses by the defense; counter-arguments; and judgement.
4. Get the best available advice from comrade lawyers about investigation, the process of trial, evaluation of evidence and judgement. If there is no comrade lawyer who could attend the trial, ensure that the jurors as well as the advisers to the prosecutor and the defense, although they have not gone to law school, are guided by the political leadership of the Party and by the legal expertise of comrade lawyers.
5. The people's courts are judicial tribunals which are formed by territorial and national commissions or their standing committees, regional committees or their executive committees, and central organs of the Party. The jurors, who shall not be less than five, shall form a council of judges and shall have equal powers.
6. The Party committee forming the council of judges shall ensure that the jurors know how to appreciate evidence, are open-minded and capable of weighing all sides, and ready to judge cases against or in favor of the accused. Whoever has direct personal interest in the case shall not be designated as a juror.
The competence of the court to render justice in the case can be questioned and brought for review by the accused. If, after review, the Party committee having jurisdiction decides that the existing council of judges is competent, the trial shall continue until the case is decided. The matter of competence of the court can be attached to an appeal of the decision to the higher Party organ or people's court.
7. The council of judges should clearly distinguish true, relevant, reliable and admissible evidence from false, irrelevant, unreliable and inadmissible evidence.
8. Witnesses can only testify to events and things within their direct personal knowledge or experience. Hearsay testimony is inadmissible.
9. In order to prove the guilt of the accused, all acts and essential elements in the commission of the crime charged should be proved with sufficient certainty and based on evidence.
1. Infiltrator spies and informers or assets of the enemy inside the Party and revolutionary organizations who have inflicted big damage to the revolution and the masses shall be arrested, investigated and if proven guilty shall be given the death penalty. The death penalty needs the unanimous decision of the whole council of judges.
2. Informers who have not inflicted damage or who have only inflicted little damage, are cooperating in destroying the espionage machinery of the enemy, and are ready to reform shall be put under reeducation, hard labor and the supervision of the masses in an appropriate place. The convict can also be put in exile, if he cannot be detained, after making sure that he can no longer cause damage to the revolution and the masses.
3. Enemy spies who have voluntarily surrendered and are ready to cooperate in destroying the espionage machinery of the enemy may be pardoned upon decision by a Party committee which shall not be lower than the level of regional committee.
4. The decision to arrest, the judgement of guilt and the sentence of death shall be reviewed by the next higher Party organ. The order of arrest can be carried out even before the review by the higher level. The death sentence needs the review and confirmation by the higher level before being carried out.
q 5. Avoid widescale arrests of suspected enemy spies and widescale executions which could harm the peace of mind of and mutual trust among Party members, officers and soldiers of the people's army, members of mass organizations, and the people in the guerrilla bases and zones, and which could be used by the enemy in order to discredit, cause division and sow bloody intrigue against the revolutionary movement.
6. When there are many suspects in the legal mass movement to be arrested, tried and punished, however grave their guilt is and the danger they are posing, the very existence of legal organizations and institutions might be put in danger. Most of the enemy agents who have penetrated the legal mass organizations and institutions should be ensnared through political and organizational steps in order to remove them and preserve the integrity and leadership of Party groups.
1. Serious violations of the rights of Party members and of policies and rules in the investigation and prosecution of suspected enemy spies shall be meted the appropriate disciplinary action where normally the most severe is demotion and suspension from Party membership.
2. Serious violations of democratic centralism in the investigation and prosecution of suspected enemy spies, like the illegal usurpation and use of the authority of the appropriate Party committees, shall be meted disciplinary action ranging from suspension to expulsion from the Party.
3. Serious violations of rules on secrecy shall be meted the disciplinary action of demotion from one's position up to suspension from Party membership.
4. Extraordinary cases of widescale and unconscionable violation of the rights of Party members, of democratic centralism and of the policies and rules in the investigation and prosecution of suspected enemy spies, which cause big damage to the Party organization, the masses, and the relation of the Party to the masses shall be meted the penalty of expulsion from the Party. Moreover, grave crimes against innocent individuals, the masses and the revolution shall be tried by the people's court and meted the penalty of up to death.
5. Grave cases of taking advantage of the struggle against enemy spies
for personal gain shall be meted the penalty of expulsion from the
Party. Grave cases of taking advantage of individuals and the masses
shall be tried by the people's court and shall be meted the penalty of
up to death.
Approved by:
Political Bureau
Central Committee, CPP
December 1989