Official website of the religious scholar Sergei IVANENKO

The People Who Are Steadfast Under Persecution
Chapter 5
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A 16

Can a Religious Studies Scholar Prove to a Court that Jehovah’s Witnesses Have Not Engaged in Any Extremist Activity?

In 2019-2023 I participated in nineteen trials of Jehovah’s Witnesses that took place in the most varied regions.1In the cities of Tomsk, Saratov, Polyarny (Murmansk Region), Vilyuchinsk (Kamchatskiy Territory), Partizansk (Primorsky Territory), Novosibirsk, Abinsk (Krasnodarskiy Territory), Arkhangelsk, Karpinsk (Sverdlovsk Region), Kostroma, Nizhny Novgorod, Sharypovo (Krasnoyarskiy Territory), Kirov, Kirsanov (Tambov Region), Gukovo (Rostov Region), Orenburg and Kazan. I was invited to participate by attorneys or the defendants themselves in the role of a specialist in religious studies. In criminal proceedings, a specialist is a person with special knowledge who is invited to participate in procedural actions to explain matters within his professional competence to the parties and the court.

An investigator can invite an expert and/or a specialist; a lawyer can invite only a specialist. If the investigation invited me or the court appointed me, I could be called a religious studies expert (but not a specialist). Technically, the Russian courts declare equality of arms between the prosecution and the defense, but in fact the prosecution has far more opportunities. This also applies to the involvement of experts and specialists. In the vast majority of cases, the courts rely on the conclusions of prosecution experts, rather than on the research of defense specialists.

Technically, the Russian courts declare equality of arms between the prosecution and the defense, but in fact the prosecution has far more opportunities

As noted in the 2011 Report of the Ombudsman for Human Rights in the Russian Federation, “the courts tend to give preference to the conclusions of the expert examination that was initiated by the prosecution and is intended to serve as proof of the defendant’s guilt. In such cases, the court’s decision indicates that there is no reason not to trust the conclusions of the expert study presented by the prosecution.”22011 Report of the Ombudsman for Human Rights in the Russian Federation, Rossiyskaya Gazeta, March 6, 2012 (https://rg.ru/2012/03/06/doklad-dok.html [only in Russian]). The situation in terms of the equality of prosecution and defense has not changed for the better over the past decade. I believe that the defense has even fewer real opportunities to influence the verdict, and the prosecution has significantly strengthened its position.

The defense has even fewer real opportunities to influence the verdict, and the prosecution has significantly strengthened its position

I have accumulated impressions of the behavior of the participants in these trials, and I have reflected on the significance of these events and their possible consequences. I also developed some ideas about the “limits of what is possible” for a specialist in religious studies, which I would also like to share.

“In the eyes of the strong, the weak is always to blame”

Law enforcement agencies interpret the legal norms related to the activity of Jehovah’s Witnesses in their own way. I have observed that this mirrors a plot of Ivan Andreyevich Krylov (1769-1844). According to his fable “The Wolf and the Lamb,”3I. A. Krylov, Complete Works in 3 volumes, vol. 3: Fables, Poems, Letters and Business Papers. Book 1, Moscow, OGIZ, State Publishing House of Art Literature, 1946, p.20. Legare Street Press, 2023. [only in Russian] it is the lamb’s fault that the wolf is hungry. So, the wolf tries to prove that the lamb is actually guilty before him in order to give the case a “legal look and feel.” This fable was written at the beginning of the 19th century, in 1808. More than two hundred years have passed, but I. A. Krylov’s work captures very accurately the essence of the criminal cases initiated against Jehovah’s Witnesses after 2017 and the trials of these believers.

Law enforcement agencies interpret the legal norms related to the activity of Jehovah’s Witnesses in their own way

Any preaching of a belief or joint confession of faith is regarded by the investigation (without any grounds) as a continuation of the activity of the Administrative Center of Jehovah’s Witnesses in Russia or of any one of the local religious organizations of Jehovah’s Witnesses that were banned by the Supreme Court of the Russian Federation on March 20, 2017.

There is no real basis for this, primarily because the local religious organizations of Jehovah’s Witnesses that were registered as legal entities dealt with economic and legal matters and consisted of ten to fifteen founding members. After being banned by the Supreme Court, these legal entities ceased to exist, and no Jehovah’s Witness in his right mind would seek to resume their activity.

And the religious groups of Jehovah’s Witnesses that are not legal entities have not been banned; they have engaged in and continue to engage in what is strictly religious activity permitted by law.

The Role of the Specialist in Religious Studies in the Trials of Jehovah’s Witnesses

Typically, every trial of Jehovah’s Witnesses includes a religious expert study. A religious studies expert is appointed by the investigation or by the court from among academics or professional anti-sect activists. For example, in Novosibirsk, Oleg Zayev, a fighter against “sects,” spoke as a specialist in religious studies at the trial of Yuri Savelyev. In Polyarny, Murmansk Region (in the case of Roman Markin and Viktor Trofimov), anti-cultist Alexander Dvorkin was brought in as a religious studies expert, and a member of the Orthodox clergy of the Murmansk archdiocese was brought in as an expert.

Often for the investigation, it is not the expert’s professional qualifications that are important, but rather his willingness to confirm the prosecution’s view that the defendant was not simply praying, reading, and discussing the Bible, studying publications on Bible topics, and singing religious songs, but was engaged in extremist activity, trying to revive the local organizations of Jehovah’s Witnesses that were banned by the Supreme Court of the Russian Federation.

The role of the specialist in religious studies is to refute the conclusions of the religious studies expert; that is, to prove that Jehovah’s Witnesses were not engaged in any extremist activity. This is both easy – since the defendants did not actually violate the law – and extremely difficult, since the court is not inclined to listen to the arguments of the defense.

About the trial in Abakan, in which, unfortunately, I was not able to participate

On December 11, 2020, I was contacted by Roman Lyubomirovich Baranovskiy from Abakan, the capital of Khakassia. He informed me that he and his mother Valentina Ivanovna Baranovskaya were at the time on trial for their faith, as they are Jehovah’s Witnesses. They needed my help and invited me to speak at their trial as a specialist in religious studies.

I, of course, agreed.

But on December 24, 2020, Roman Baranovskiy said that there were two sufficiently professional opinions of religious studies scholars in the case, so there was no need for my participation.4In his final statement on February 24, 2021, Roman Baranovsky gave the following assessment of the religious expert studies: “The religious expert study and the statements of religious studies scholars Anzhiganova and Volkov gave rather general – and on the part of Volkov, openly biased – views on the beliefs of Jehovah’s Witnesses.” Unfortunately, Roman Baranovskiy did not send me the materials of the criminal case, which included the religious expert studies, so I could not form my own opinion about them. To be honest, I did not believe in the objectivity of the religious studies scholars appointed by the investigation and the court; but I could not go to Abakan without being invited by Roman Baranovskiy.

In February 2021, Yelena Gennadiyevna Shcherbakova, judge of the Abakan City Court, handed down an unprecedentedly harsh sentence: Valentina Ivanovna Baranovskaya (born in 1951) was sentenced to two years in a penal colony, and her son Roman Lyubomirovich Baranovskiy to six years. For the first time, imprisonment was imposed on a seventy-year-old woman; she had even suffered a stroke during her trial. She was charged under Article 282.2(2) of the RF CrC (participation in an extremist organization).

In her final statement on February 24, 2021, Valentina Baranovskaya said, “For me, as a Christian, it’s impossible to even imagine that I would commit any actions aimed at inciting racial, national, or religious discord. It is completely alien to me and unacceptable to even think of such things as undermining the foundations of the constitutional order! I have done nothing illegal and I am not ashamed to look people in the eye! What they are accusing me of is completely contrary to my Bible-trained conscience of 25 years. All these years I have lived my life based on three Bible principles that are most important to me; they are recorded in the Gospel of Matthew. The first two are in Matthew 22:37-40. Their essence is love for God and love for people. And the third principle is in Matthew 7:12. This principle –which all over the world is called the ‘Golden Rule’ – says, ‘All things, therefore, that you want men to do to you, you also must do to them.’ That is, if I want people to love me, then I first show love to everyone. And if I don’t want people to lie to me, then I don’t lie to anyone. And if I don’t want people to betray me, then I don’t betray anyone. And so on. Surely every reasonable person really wants to be treated well. So, according to this rule, a person must take the initiative to treat other people well. Imagine, Your Honor, what would happen if everyone behaved that way! The world would be a very different place and there would be no need for any laws! That’s why it’s called the ‘Golden Rule’ – it’s universal!”5Transcript of the court session in Abakan City Court of the Republic of Khakassia, Abakan of February 24, 2021 in case 1-34/2021 (1-707/2020) against Valentina Baranovskaya and Roman Baranovskiy for committing the crime specified in Article 282.2(1, 2) of the RF CrC.

I note that the “final statement” of one of Jehovah’s Witnesses accused of extremism is usually a sincere monologue by a believing Christian that clearly and convincingly proves that he has nothing to do with extremism. That is why, in my comments on the trials I have participated in, I will try to cite the quotes from the defendants’ final statements that have impressed me the most.

The “final statement” of one of Jehovah’s Witnesses accused of extremism is usually a sincere monologue by a believing Christian that clearly and convincingly proves that he has nothing to do with extremism

In May 2021 the Supreme Court of Khakassia upheld the verdict. Valentina Ivanovna Baranovskaya was serving her sentence in penal colony № 28 in Ust-Abakan, and Roman Lyubomirovich Baranovskiy in penal colony № 3 in Chita. Despite her illness, in October 2021 the court refused to grant Valentina Ivanovna Baranovskaya early release. In February 2022 the Ust-Abakan District Court ordered her release. However, on March 4, 2022, the prosecutor’s office appealed, insisting that Valentina Baranovskaya remain in prison since she had not renounced her religious beliefs.

On May 4, 2022, the Supreme Court of the Republic of Khakassia upheld the decision of the Ust-Abakan District Court regarding the parole of the 71-year-old believer. On her way out of the colony she was met by her many friends.

As of May 2022, 13 of Jehovah’s Witnesses over the age of 60 remain in prison. The oldest – Vilen Shagenovich Avanesov – will turn 70 in 2022. In July 2021 a court sentenced Vilen Avanesov to 6 years in a penal colony for his faith in Jehovah God.

The Court in Tomsk: Nemesis instead of Themis

In Greek mythology, Nemesis is the winged goddess of retribution; that is how her name is translated – “retribution.” One of the attractions of Tomsk is the Regional Court building; its main decoration is a statue of the goddess Nemesis with a sword in one hand and a scale in the other. According to one of the city’s legends, the statue of Nemesis was a joke of architect Konstantin Lygin (1854-1932), who designed the Tomsk Regional Court building, which was built in 1904. Unlike the goddess of justice Themis, who is usually depicted with a blindfold as a symbol of impartiality, Nemesis has her eyes wide open, since impartiality is not one of her virtues.

In Tomsk, I was questioned as a religious studies specialist in the district court, on August 16, 2019, in the case of Sergey Gennadiyevich Klimov, who was accused of organizing an extremist association. The “extremist association” was understood to be the “Local Religious Organization of Jehovah’s Witnesses, Severnaya, Tomsk” – one of the 395 local religious organizations of Jehovah’s Witnesses liquidated by the Supreme Court of the Russian Federation on April 20, 2017.

Sergey Klimov in the courtroom in Tomsk

My task was to talk about the specifics of the teachings, worship, and social practices of Jehovah’s Witnesses, and, perhaps most importantly, to explain to the court as clearly as possible that practicing the faith of Jehovah’s Witnesses does not require that a believer (in this case Sergey Klimov) participate in the activity of any organization having the legal capacity of a legal entity. As evidenced by the materials of the criminal case with which his lawyer acquainted me, Sergey Klimov had no need to revive the “Local Religious Organization of Jehovah’s Witnesses, Severnaya, Tomsk” which was liquidated by the Supreme Court of the Russian Federation on April 20, 2017. And he did not do so.

For this denomination, professing their religion together with other believers implies participating in Christian meetings of a religious group that operates without official registration and is not a legal entity. Sergey Klimov participated in the activity of a religious group of Jehovah’s Witnesses that was not prohibited by the Supreme Court of the Russian Federation on April 20, 2017.

Sergey Klimov’s local fellow believers showed active support and solidarity. The strict limitations that came with the COVID-19 pandemic were not yet in place. Dozens of believers gathered outside the courthouse and in the hallway (they were not allowed into the courtroom) to applaud the defendant and cheer him on.

The most significant “evidence” against the defendant was the testimony of a “secret witness” who claimed that he had attended the meetings of Jehovah’s Witnesses for five years and believed that Sergey Klimov was the leader of the local believers.

It should be noted that “secret witnesses” are actively used against Jehovah’s Witnesses who are criminally charged; some of them have attended their meetings for worship for more than twenty years.

The use of “secret witnesses” in the trials of Jehovah’s Witnesses does not comply with the law. Federal Law № 119-FZ of August 20, 2004 on State Protection of Victims, Witnesses and Other Participants in Criminal Proceedings6Federal Law № 119-FZ of August 20, 2004, Official website of the President of Russia (www.kremlin.ru/acts/bank/21331/page/1 [only in Russian]). establishes that state protection of witnesses and other participants in criminal proceedings includes security measures aimed at protecting their lives, health, and (or) property (Article 1). The basis for the “secrecy” is the witness’s statement in which he indicates that he fears for his life, health, and property, and therefore requests that his personal data be kept confidential.

Lawyer A. Leontiev and Sergey Klimov during a short break at the court in Tomsk

The use of “secret witnesses” in the trials of Jehovah’s Witnesses does not comply with the law

However, everyone knows full well that Jehovah’s Witnesses do not resort to violence, so there is no threat to the life, health, or property, either of their ideological opponents or critics, or of prosecution witnesses in trials. There is no threat to anyone.

Sergey Klimov endured courageously, and defended his innocence with conviction. For example, in his final statement, he expressed his personal opinion about the purpose of this and other trials of Jehovah’s Witnesses: “Why are people who are simply peacefully practicing their religious beliefs ending up in the dock? There is an explanation for this. The trial taking place in Tomsk and similar trials throughout Russia are clear proof of the truthfulness of a Bible prophecy.

“About two thousand years ago, Christ described a composite sign of the last days. Jesus mentioned an important detail recorded in Luke 21:12,13: ‘But before all these things happen, people will lay their hands on you and persecute you, handing you over to the synagogues and prisons. You will be brought before kings and governors for the sake of my name.’ What is the purpose of this? Jesus explains, ‘It will result in your giving a witness.’ or ‘Here is your chance to witness about me.’

“What is the witness that people must receive? It is the Good News that Jesus, as God’s appointed King, will soon cleanse the whole earth of evil. He will establish peace and justice on earth. There will be no death, no sickness, no grief, and no tears. The Bible describes how events will unfold, and there is clear guidance on what to do to survive impending events and receive the promised blessings.”7Transcript of Sergey Klimov’s speech at the Oktyabrsky District Court of Tomsk on November 5, 2019.

One of the things that was striking about the trial in the Oktyabrsky District Court of Tomsk was the negative attitude of Judge Dmitriy Nikolayevich Borisov toward the defendant and his lawyer, Artur Leontiev.

Sergey Klimov was sent to a pretrial detention center on June 5, 2018, as soon as a criminal case was initiated against him. The period of detention was systematically extended by the judge; Sergey Klimov was detained before the trial and throughout the trial.

While in the courtroom, Sergey Klimov was sitting in a metal cage. The judge refused the defense’s motion that during court sessions the defendant should be out of the cage, with his lawyer.

The European Court of Human Rights (ECtHR) condemns the use of cages for defendants. Confinement in a cage or “aquarium” is contrary to Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950),8Convention for the Protection of Human Rights and Fundamental Freedoms (https://www.coe.int/en/web/compass/the-european-convention-on-human-rights-and-its-protocols, https://www.echr.coe.int/documents/convention_eng.pdf). which states that “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.” Isolating a defendant in a cage undermines the presumption of innocence by presenting the person to jurors and judges as being very dangerous and therefore likely guilty. It also violates the guarantee of confidentiality of the communication between the defendant and his defense counsel because of the bailiffs on duty nearby.

The European Court of Human Rights (ECtHR) condemns the use of cages for defendants. Isolating a defendant in a cage undermines the presumption of innocence

Judge Dmitriy Borisov also denied virtually all of the lawyer’s other motions.

For example, the judge refused to attach my research as a religious studies scholar to the case materials. Of all the trials of Jehovah’s Witnesses in which I participated, this was the only time this happened; in all other cases my studies were attached to the case file. By refusing to attach the research of the religious studies scholar invited by the lawyer to the case materials, Judge Dmitriy Borisov apparently wanted to emphasize that the court would not take any of the defense’s arguments into account.

The judge refused to attach my research as a religious studies scholar to the case materials. Of all the trials of Jehovah’s Witnesses in which I participated, this was the only time this happened

On October 28, 2019, during the closing arguments, lawyer Artur Leontiev effectively proved the innocence of the defendant. He drew attention to the fact that the prosecutor’s office and the investigator based their judgments in the case of S. G. Klimov on the testimony of the “secret witness;” however, this testimony proved the cooperation of the “secret witness” with law enforcement agencies, because his words blatantly matched the text of reports signed by law enforcement officer A. S. Dudko. The defendant is one of Jehovah’s Witnesses, a worldwide religious denomination, and not a member of any legal entity banned on the territory of the Russian Federation; he was simply practicing his religion together with fellow believers. Accusing S. G. Klimov of distributing materials from a banned Internet site was unfounded, since:

– There was no evidence that the seized publications were downloaded from a banned site;

– There was no evidence of the storage and distribution of banned literature;

– There was no evidence of the defendant’s criminal intent;

– Previous court decisions did not contain a ban on the practice of the religion of Jehovah’s Witnesses;

– Being convinced that one’s religion is true cannot be considered extremism.

Artur Leontiev drew the court’s attention to the decisions of authoritative international agencies in favor of individual Jehovah’s Witnesses and requested that the defendant be acquitted.9Transcript of the court hearing of October 28, 2019 in case 1-417/2019 charging S. G. Klimov with committing the crime specified in Article 282.2(1) of the RF CrC.

On November 5, 2019, Dmitry Borisov, judge of the Oktyabrsky District Court of Tomsk, announced the sentence: 6 years of imprisonment in a general regime penal colony. Moreover, the sentence stipulated additional restrictions to be imposed on Sergey Klimov after serving his term in the colony: he was prohibited from engaging in educational activity in all types of educational institutions, and from posting materials on the Internet and other networks for 5 years, as well as one year of restriction of freedom (prohibited from attending cultural and entertainment events – including festivals, religious holidays and outdoor celebrations; and prohibited from leaving Tomsk or changing his place of residence without the consent of the supervisory authorities).

On February 20, 2020, the panel of judges of the Tomsk Regional Court upheld Sergey Klimov’s sentence. The verdict entered into force. Sergey Klimov was escorted from the pretrial detention center to penal colony № 8 in the Astrakhan Region. In the colony, his health deteriorated significantly. Despite all his trials, Sergey Klimov maintains his courage and firm faith in God. According to the lawyer who visited S. Klimov on September 24, 2021, Sergey has respectful relationships with the other inmates. One of the employees of the colony, in a conversation with his lawyer, noted that Sergey is a normal person who does not cause problems because he is in prison “for his beliefs.”10https://jw-russia.org/en/cases/tomsk.html#20210924 On January 27, 2022, the Eighth Court of Cassation of General Jurisdiction in the city of Kemerovo dismissed Sergey Klimov’s appeal.

As for Dmitry Borisov, his zeal did not go unnoticed, and he was promoted. On September 17, 2020, the Qualification Board of Judges for the Tomsk Region recommended Dmitry Borisov for the position of deputy chairman of the Sovetskiy District Court of Tomsk, and in March 2021 he was appointed deputy chairman of that court.11Decree of the President of the Russian Federation of March 16, 2021 № 147 on the Appointment of Judges of Federal Courts and Members of the Presidiums of the Courts.

Konstantin Bazhenov, Feliks Makhammadiyev and Aleksey Budenchuk at the court in Saratov

The case of Konstantin Bazhenov and five other defendants in Saratov

On September 4, 2019, I was questioned in the Leninsky District Court of Saratov in the case of Konstantin Viktorovich Bazhenov, Aleksey Vladimirovich Budenchuk, Aleksey Petrovich Miretskiy, Feliks Khasanovich Makhammadiyev, Roman Aleksandrovich Gridasov, and Gennadiy Vasilyevich German. It seemed significant to me that the defendants were not in an iron cage but were sitting in the courtroom next to their lawyers, and that during the course of the trial, they were not in a detention center, but in their homes. There appeared to be hope that their sentence would not include imprisonment.

Unfortunately, my hopes were not realized. The prosecutor asked for a prison sentence of 7 years for defendants K. V. Bazhenov, F. K. Makhammadiyev and A. V. Budenchuk, and 6 years for A. P. Miretskiy, R. A. Gridasov and G. V. German. On September 19, 2019, Dmitriy Larin, judge of the Leninsky District Court of Saratov, announced the sentences: 3 years and 6 months of imprisonment for Konstantin Bazhenov and Aleksey Budenchuk, 3 years for Feliks Makhammadiyev, and 2 years for Roman Gridasov, Gennadiy German and Aleksey Miretskiy.

It is well known that judges often do not follow the law when passing sentence. In cases that the authorities consider especially important in the fight against extremism, a guilty verdict is almost inevitable. At the same time, if a judge imposes a sentence that is substantially lighter than the prosecutor requested, it usually means that the judge believes that there is no evidence for the charge.

In cases that the authorities consider especially important in the fight against extremism, a guilty verdict is almost inevitable

Konstantin Bazhenov, Feliks Makhammadiyev and Aleksey Budenchuk at the court in Saratov

Perhaps this is exactly what happened in Saratov.

“The flames of religious repression are flaring up more and more, and many find it hard to understand how this is possible in the 21st century,” said Yaroslav Sivulskiy, a representative of the European Association of Jehovah’s Witnesses, commenting on the verdict in Saratov. “We will continue to pray for our fellow believers, and for the authorities to come to their senses and stop hunting people down for their religious beliefs.”12The Saratov Regional Court did not change the sentences of the six Jehovah’s Witnesses. For their faith, they will be sent to a colony for terms ranging from 2 to 3.5 years (https://jw-russia.org/en/news/2019/12/1487.html).

Upon arriving at the Orenburg penal colony, five of the convicted Jehovah’s Witnesses were beaten by prison staff, and one of them, Feliks Makhammadiyev, was hospitalized because of the injuries he suffered.

All six believers have already served out their sentences.

Feliks Makhammadiyev was released in January 2020 and Konstantin Bazhenov in December of the same year. Both were deprived of Russian citizenship and deported a few months after their release. From talking to Sergey Klimov in Tomsk and to the defendants in Saratov, I ascertained that all of them firmly believe that the persecution Christians must endure for their faith was foretold in the Bible (Matthew 5:10–12). If it is their lot to be in prison, they will certainly continue sharing Bible teachings with other inmates and this preaching will resonate with many whose conscience is alive. This is evident from the history of Jehovah’s Witnesses, who actively and successfully preached in both Nazi and Soviet concentration camps.

The words of Roman Gridasov, one of the participants in the trial in Saratov, are characteristic of the attitude of most convicted Jehovah’s Witnesses. In his final statement on September 19, 2019, he said, “As an ordinary person, a Russian citizen, I am greatly disappointed and discouraged, because I was subjected to a search and criminal prosecution, and tried for a serious crime, although I did not commit any crime or violation. But as a believing Christian, one of Jehovah’s Witnesses, I am glad that I had the honor to suffer for my faith, and to testify in court about God’s name and about my beliefs, thus proving my loyalty to the one true God.”13Transcript of Roman Gridasov’s statement at the Leninsky District Court of Saratov on September 19, 2019 (https://jw-russia.org/en/docs/1254.html [only in Russian]).

“I am glad that I had the honor to suffer for my faith, and to testify in court about God’s name and about my beliefs” –Roman Gridasov

Roman Gridasov’s thought that persecution strengthens true faith is also expressed in the statements of other defendants.

In his final statement, Konstantin Bazhenov noted: “If the court sentences me to imprisonment, I am sure it will strengthen my faith. I have spent almost a year in a detention center, and I want to assure you that never before have I felt the support of my heavenly Father Jehovah so strongly. And the whole secret is that there are no barriers to God’s holy spirit. Neither high walls, nor bars, nor barbed wire can prevent holy spirit from getting through and providing support. The Bible says, ‘Where the spirit of Jehovah is, there is freedom.’ You may ask, ‘Freedom in prison? How? What kind of freedom can you have there?’ Actually, you can be free from fear, sinful deeds, bad habits, profanity, envy, greed, and remorse – this freedom does not depend on where we are… Besides, if I end up in a penal colony, there will also be people there who need to learn the truth from the Bible about God and about his purpose for the earth and for humans. That’s a huge field for activity. If this happens, I will consider that Jehovah has found sincere people there whom I must help to understand the Bible’s message.”14Transcript of Konstantin Bazhenov’s statement at the Leninsky District Court of Saratov on September 19, 2019 (https://jw-russia.org/en/docs/1209.html [only in Russian]).

“If the court sentences me to imprisonment, I am sure it will strengthen my faith” –Konstantin Bazhenov

These words show that Konstantin Bazhenov was mentally prepared to share the Bible’s teachings should he end up in prison. And his words were matched by his actions.

All Witnesses actively preached during their imprisonment. In his preaching, Konstantin Viktorovich Bazhenov gave special attention to God’s name and told the prisoners and staff of the penal colony that God’s name is Jehovah.

All Witnesses actively preached during their imprisonment

In addition, Konstantin Bazhenov tried to work diligently and to show by his own example how a Christian should conduct himself in prison. In the penal colony he stocked shelves at the food stall for prisoners. The stall manager was amazed that Konstantin Bazhenov did not steal anything but performed his duties honestly and conscientiously. That manager had never before experienced anything like this in his work. When he was saying goodbye to Konstantin, the manager told him: “I hope you never end up here or in another penal colony again. Tell your fellow believers that if one of them happens to be sent to our penal colony, I will always be glad to have him work for me. We need honest people!” recalled Konstantin Bazhenov in one of his interviews after his release.

“If one of them happens to be sent to our penal colony, I will always be glad to have him work for me. We need honest people!”

This testimony struck me as remarkable in that a man who was far from religious (a grocery stall manager), and who apparently had never met Jehovah’s Witnesses before, nevertheless clearly understood that he was dealing, not with a criminal, but with an honest and conscientious worker who could be trusted.

Peculiarities of the trial in the city of Polyarny, Murmansk Region

Polyarny is a small town in the Murmansk Region; its population is 17,500. In 2008 Polyarny was awarded the honorary title “City of Military Glory.” The Northern Fleet is based there.

I was invited as a specialist in religious studies by Roman Nikolayevich Markin, one of Jehovah’s Witnesses, who was tried together with Viktor Fyodorovich Trofimov in the Polyarny District Court.

Two things struck me during the investigation of the case and the trial.

First of all, Alexander Dvorkin,15Minutes of the questioning of specialist A. L. Dvorkin of February 4, 2019, criminal case file Vol. III, pp.10-15. [only in Russian] Russia’s leading anti-sectarian, testified during the investigation as an expert. He made no secret of his extremely negative attitude towards Jehovah’s Witnesses. I should note that A. L. Dvorkin is very poorly informed, since he claims that “Jehovah’s Witnesses are nothing but a commercial cult or a financial pyramid business with a pseudo-religious ideological superstructure for distributing the print publications of a publishing house.”16Alexander Dvorkin, Sectology. Totalitarian Sects, 3rd edition, revised and supplemented, Nizhny Novgorod, Publishing house of the Brotherhood in the name of St. Prince Alexander Nevsky, 2002, p.108. [only in Russian]

If this infamous sectarian were more interested in facts, he could easily have found out that Jehovah’s Witnesses distribute all their publications completely free of charge. As their literature explains, “Any who wish to make a donation to defray the expenses of our educational work may do so, but they may receive the literature whether or not a donation is made.”17God’s Kingdom Rules! Watch Tower Bible and Tract Society of Pennsylvania, 2014, p.198.

Alexander Dvorkin did not show up for the trial in Polyarny, although the court repeatedly sent him summonses, and the prosecutor persistently called him many times and invited him to come. I do not know the reasons for this.

Second, one of the Orthodox priests of the Diocese of Severomorsk of the Murmansk Archdiocese of the Russian Orthodox Church acted as an expert in religious studies in the trial.18This was priest Pavel Chidemyan, rector of the Parish of the Icon of the Mother of God of Kazan, and rector of the Parish of the Church of the Holy Martyrs Faith, Hope, and Charity and Their Mother Sophia in Severomorsk, Secretary of the Diocesan Council of the Diocese of Severomorsk, Executive Secretary for the Ruling Bishop for work with diocesan departments, and head of the information department and press service. This priest lived in the U.S. for some time and graduated from a Catholic seminary in America. His attitude toward Jehovah’s Witnesses was critical, but much more objective than that of Alexander Dvorkin. Besides, this clergyman was much better informed.

I asked the judge why the court chose an Orthodox priest as an expert in religious studies. The answer I received was, “Whom else would we choose? Who knows better than an Orthodox priest what one sect or another really is?” My explanation that courts usually appoint secular people as experts in religious studies – primarily university professors – caused some bewilderment, but was duly noted.

On December 2, 2019, I was questioned in the Polyarny District Court as a religious studies specialist. My presentation was aimed at explaining to the court the fact that Jehovah’s Witnesses Roman Markin and Viktor Trofimov were not engaging in extremist activity but were practicing their religion with others.

On January 15, 2020, the prosecutor asked the court to sentence Roman Markin to 6 years in a penal colony and Viktor Trofimov to 6 years and 5 months in a penal colony.

In their final statements, the believers asked the court to fully acquit them. Roman Markin stated that the concepts “Jehovah’s Witness” and “extremist” are mutually exclusive. He noted: “I try to obey the laws at all times, not only when people are watching me. I do this because I am fully aware that Jehovah is watching me, and I don’t want to hurt him… I am also aware that my God Jehovah always sees me, and unlike surveillance cameras, there is no hiding from Jehovah. But also unlike cameras, which record only actions, Jehovah also sees each person’s thoughts, so I try not to even let thoughts of lawlessness into my mind.”19Transcript of the court hearing of January 15, 2020 on case 1-23/2019 concerning the charge of R. N. Markin and V. F. Trofimov of committing the crime specified in Article 282.2(1) of the RF CrC. [only in Russian]

The concepts “Jehovah’s Witness” and “extremist” are mutually exclusive

“I try to obey the laws at all times, not only when people are watching me … I try not to even let thoughts of lawlessness into my mind.” – Roman Markin

On January 24, 2020, Judge Viktoria Loginova of the Polyarny District Court pronounced the verdict. Roman Markin and Viktor Trofimov were found guilty under Article 282.2(1) of the RF CrC. Victor Trofimov was given a fine of 350,000 rubles and Roman Markin – 300,000 rubles (the court took into account that the believers had spent six months in pretrial detention, and so reduced their fines from 650,000 and 600,000 rubles to 350,000 and 300,000 rubles respectively).

When handing down the guilty verdict, the judge specifically cited the expert study conducted by the priest Pavel Chidemyan. “Contrary to the arguments of the defense,” the text of the verdict notes, “the court has no reason to doubt the expert conclusions, including those of expert P. S. Chidemyan, since the expert studies were assigned and conducted in the manner prescribed by law.”

The court of appeal and the court of cassation upheld the verdict.

Can a woman be the leader of a religious congregation of Jehovah’s Witnesses?

In a number of cases, investigators have charged female Jehovah’s Witnesses with being organizers of an extremist community. It is important to clarify here that Article 282.2 of the RF CrC – Organizing the activity of an extremist organization – prescribes punishment that is significantly more severe for organizers, and more lenient for ordinary participants in an extremist organization.

Whenever I have testified in such cases, I have always explained to the court that the canonical norms of Jehovah’s Witnesses firmly establish that a woman may not be a leader of a religious congregation of Jehovah’s Witnesses. Jehovah’s Witnesses model their congregations on the structure of the first-century Christian congregations, where only men could take a leading role. Therefore, where Jehovah’s Witnesses are concerned, a court should not declare a woman to be an “organizer of the activity of an extremist organization.”20The fact that only men can be elders in the congregations of Jehovah’s Witnesses sometimes evokes criticism from organizations fighting for women’s rights. Ironically, however, in today’s Russia, these norms can protect women from being given sentences that are as harsh as those given to male Jehovah’s Witnesses. To those who criticize Jehovah’s Witnesses from a feminist point of view, they usually respond that Jehovah’s Witnesses have no professional clergy, and their elders are not paid for their work, so it is inappropriate to speak of professional discrimination against women. Female Jehovah’s Witnesses do not have to cover their faces, they can wear elegant clothes, sing, and dance. Within their families, Jehovah’s Witnesses respect a woman’s desire (or lack of desire) to have children. In the congregations of Jehovah’s Witnesses women feel safe and are not subjected to sexual harassment. Domestic violence is totally unacceptable among Jehovah’s Witnesses. The Bible text, ‘Let the wife fear her husband’ (Ephesians 5:33 from the Synodal translation) reads differently in the New World Translation: “the wife should have deep respect for her husband.”

Similar problems were discussed, for example, at trials in the cities of Vilyuchinsk (Kamchatka Territory) and Partizansk (Primorye Territory).

The case of the Popovs in Vilyuchinsk, Kamchatka Territory

According to the investigation, Mikhail Yuryevich and Yelena Vyacheslavovna Popov, a couple who are Jehovah’s Witnesses, participated in meetings for worship, which was construed as organizing and engaging in the activity of an “extremist organization.”

On January 15, 2020, I was questioned in the Popov case in the Vilyuchinskiy City Court. Judge Aleksandr Vladimirovich Ishchenko openly expressed his negative attitude toward the religion of Jehovah’s Witnesses; he did not like the fact that they refuse to serve in the army. For example, the judge asked me: “Jehovah’s Witnesses refuse to defend the homeland. So, who should defend the homeland if most people become Jehovah’s Witnesses? What would happen to the country then? Isn’t that a threat to our national security?”

My response was as follows: “If I were in the position of the USA, I would think about that, because there are more than a million Jehovah’s Witnesses there. There are far fewer Jehovah’s Witnesses in Russia than in the USA.”21Transcript of the court hearing of January 15, 2020 in case 1-95/2019 charging M. Y. Popov and E. V. Popova with committing the crime specified in Article 282.2(2) of the RF CrC. [only in Russian]

“If I were in the position of the USA, I would think about that, because there are more than a million Jehovah’s Witnesses there. There are far fewer Jehovah’s Witnesses in Russia than in the USA”

However, A. V. Ishchenko listened carefully to arguments showing that among Jehovah’s Witnesses, women cannot be leaders of religious congregations. The suite of “evidence” presented to the court by the investigation to show that the Popovs were organizers of an extremist community was absolutely identical for Mikhail and Yelena.

Finally, on February 14, 2020, Judge Aleksander Ishchenko of the Vilyuchinsk City Court issued a guilty verdict in the Popovs’ case, changing the charges from organizing an extremist community and involving others in it (Article 282.2(1), 282.2(1.1) of the RF CrC) to participating in a banned organization (Article 282.2(2) of the RF CrC). Mikhail was fined 350,000 rubles and Yelena was fined 300,000 rubles.

On May 19, 2020, the Kamchatka Territory Court considered the appeal of Mikhail and Yelena Popov against the verdict of the Vilyuchinsk City Court of February 14, 2020. The Kamchatka Territory Court commuted the sentence: the couple was to pay a fine of 500,000 rubles instead of 650,000 rubles. The verdict entered into force.

The case of Irina Buglak in Partizansk, Primorye Territory

I was questioned in the Partizansk City Court on October 15 and 16, 2020.

Irina Buglak was charged with convening and conducting religious meetings of Jehovah’s Witnesses, which was construed by the investigation as organizing the activity of an extremist organization. However, the case materials show that Irina was an ordinary participant in the religious meetings, as a woman should be, according to the teachings of Jehovah’s Witnesses.

Irina’s husband is not one of Jehovah’s Witnesses. However, he loves, respects, and supports his wife. Irina had to spend 181 days in a detention center, during which time her husband took care of her needs, regularly providing food and medicine, and trying to make sure that Irina had everything she needed. In addition, her husband engaged an experienced lawyer to defend his wife.

When the investigator questioned Irina’s husband, he testified that he was not one of Jehovah’s Witnesses but had nothing against that religion. His wife does not drink or smoke, takes good care of him and the children and their home, and works diligently, so he has no complaints about his wife or her religious affiliation.

I would like to point out that Partizansk is a small town with 36,500 inhabitants. The main industry in Partizansk was coal mining, but in 2004, all the mines were shut down. Conditions in the city are difficult; there is a lot of crime. On the two days when I was in court, there were two high-profile crimes in the city: a businessman was shot dead, and a group of teenagers killed a 15-year-old schoolboy.

Obviously, citizens like Jehovah’s Witnesses, who are not violent but are law-abiding, conscientious workers and taxpayers, are not a problem for the town of Partizansk and its inhabitants.

Jehovah’s Witnesses, who are not violent but are law-abiding, conscientious workers and taxpayers, are not a problem for the town of Partizansk and its inhabitants

On November 20, 2020, case materials were read in court, including character references for the defendant, not a single one of which was negative. For example, her neighbors wrote: “We have only good things to say about her. She does not drink alcoholic beverages; she is a kindhearted person, never refusing to help her neighbors when asked. She treats her elderly neighbors with respect and helps them with everyday problems whenever possible. Irina Buglak is absolutely non-confrontational; she has never been known to quarrel. Irina is good-natured, she always participates in neighborhood cleanup days… she has warm family relationships and is a loving mother and wife.”

On November 30, 2020, after a year of hearings, Judge Galina Prikazchikova returned the case to the prosecutor’s office. On February 16, 2021, the Primorye Territory Court dismissed the prosecutor’s appeal against the ruling of the Partizansk City Court of November 30, 2020. However, on August 6, 2021, the Court of Cassation granted the prosecutor’s appeal against the ruling of the Partizansk City Court of November 30, 2020 to return the case to the prosecutor’s office. The criminal case of Irina Buglak was returned to the Partizansk City Court for a new trial with Judge Darya Didur presiding.

You can read an interview with Irina Buglak in the last chapter of this book.

COVID-19. The trial in Novosibirsk in the case of Yuriy Savelyev

On November 11, 2020, I was questioned in the Leninsky District Court of Novosibirsk in the case of Yuriy Prokopyevich Savelyev. He was born in 1954; on January 1, 2022, Yuriy Prokopyevich turned 68 years old. From November 8, 2018 until November 11, 2020 – that is, 735 days, more than two years – Yuriy Savelyev was held in a detention center; and in the courtroom he sat in a cage. He was led into the courtroom in handcuffs, as if this short, frail man were a dangerous criminal. One could even get the impression that he was some kind of super-agent who could beat up the guards and escape if no special precautions were taken.

The truth is that Yuriy Prokopyevich Savelyev is known as an honest and decent man who has worked diligently all his life and has never showed any aggressiveness or inclination to violence. Yuriy was born in the village of Krokhalevka (Novosibirsk Region). His mother died when he was only a month old, so his older sister played an important role in his upbringing. After finishing school, Yuriy became a licensed plumber and worked at a metallurgical plant. Over the 40 years of his career, he earned numerous certificates of recognition and awards; his picture was on the “honor board” of the shop and the plant.

Yuriy Savelyev in the court room in Novosibirsk

Yuriy has two grown children. His second wife died suddenly, which affected him deeply. He became interested in religion and found that the Bible gave convincing answers to questions that troubled him. In 1996 he dedicated his life to serve Jehovah. None of Yuriy’s relatives, including his children, share his religious views, yet they are all outraged over his criminal prosecution. In their opinion, he is a peaceable man who has not wronged anyone and should not be in prison.

Yuriy Prokopyevich Savelyev was charged with organizing an extremist community, but in fact he held meetings of a small religious group of Jehovah’s Witnesses in his apartment. They prayed together, sang religious songs, and studied and discussed Bible texts. There was nothing illegal or extremist about any of this, as I have already noted in this book regarding other Jehovah’s Witnesses.

Two people testified against Yuriy Savelyev: an anonymous witness and a professional anti-sectarian, Oleg Vladimirovich Zayev, in his capacity as a specialist in religious studies. I have already mentioned that it is inappropriate to use “secret” or anonymous witnesses in trials of Jehovah’s Witnesses.

I will dwell in more detail on Oleg Zayev. He graduated from the Novosibirsk Electro-Technical Institute in 1986; Zayev has no education in humanities or any qualification in the field of religious studies, or any scientific degrees and titles. Zayev has not written any specific works devoted to the teachings, religious practice, or social attitudes of Jehovah’s Witnesses.

Zayev joined a Protestant religious organization – the “Novosibirsk Christian Church” – in 1994, and was a member for about half a year. Then he left and got involved in the fight against “sects;” for a number of years he was the head of the Informational Consulting Center on the problems of sectarianism at the Alexander Nevsky Cathedral in Novosibirsk; he was also a member of an anti-cultist organization, the Russian Association of Centers for the Study of Religions and Sects (RACSRS).

In 2017, Zayev came into conflict with the ruling bishops of the Novosibirsk Archdiocese, as well as with Archpriest Aleksandr Novopashin, the rector of the Alexander Nevsky Cathedral in Novosibirsk. As a result, in that same year, 2017, Zayev was expelled from the Russian Association of Centers for the Study of Religions and Sects (RACSRS) and was also dismissed from the Informational Consulting Center on the problems of sectarianism in Novosibirsk.

However, Yuriy Savelyev’s criminal case file contains a power of attorney issued to Zayev by Alexander Dvorkin, president of the Center for Religious Studies. The power of attorney authorizes Zayev to represent this anti-cult center. On the basis of this power of attorney, on December 12, 2018, the investigator, Lieutenant Colonel of Justice A. N. Bruzgin, ruled to allow Zayev to participate in the criminal case of Yuriy Savelyev as an expert and to question him on matters of interest to the investigation (vol. 13, sheet 105). However, by that time Zayev had already been excluded from RACSRS and therefore the power of attorney was no longer valid.

The protocol of the questioning of expert Zayev on December 12, 2018 contains a multitude of erroneous assertions showing that he was very poorly informed about the teachings and religious practices of Jehovah’s Witnesses. For example, Zayev states that Jehovah’s Witnesses are forbidden “to read the old literature of the society of Jehovah’s Witnesses” (vol. 13, sheets 108-109). By referring to this supposed ban, Zayev attempts to prove that Jehovah’s Witnesses are constantly modifying their teachings, and therefore studying “old” issues of magazines could undermine believers’ trust in the leadership of the religious organization.

The protocol of the questioning of expert O. V. Zayev contains a multitude of erroneous assertions showing that he was very poorly informed about the teachings and religious practice of Jehovah’s Witnesses

In reality, there is no such ban: all issues of The Watchtower in Russian since 1986, and in English since 1950, are posted with free access on the official website, “Watchtower Online Library.”

There are many other ridiculous assertions and arguments in Zayev’s testimony. It is obvious that he lacks adequate competence as an expert in the area of the teachings, religious practice, and social attitudes of Jehovah’s Witnesses. His assessments are incompetent, and they misled the court.

Yekaterina Kashina, judge of the Leninsky District Court of Novosibirsk, repeatedly extended Yuriy Savelyev’s pretrial detention and also rejected his lawyer’s motion to change the preventive measure from pretrial detention to a more lenient one.

Such a motion was rejected yet again on November 11, 2020. His lawyer referred to Yuriy Savelyev’s age (at that time he was 66 years old) and the threat to his health posed by his remaining in the detention center under the conditions of the COVID-19 pandemic.

I cannot forget the performance of the woman representing the prosecutor’s office, who during the entire court session was either looking at her “fresh” manicure or answering messages on her iPhone. On hearing the lawyer’s motion to change Yuriy Savelyev’s preventive measure to a more lenient one, this lady sprang to life, her eyes flashed, and her voice rang out. She gave a passionate speech about how Russian medicine is the best in the world, and it is especially good in the Federal Penitentiary Service (FPS). Therefore, the detention center would provide Yuriy Savelyev the most reliable protection from the COVID-19 pandemic. If the defendant were placed under house arrest, his risk of contracting the coronavirus would increase.

In my opinion this kind of reasoning appears convincing only in the theater of the absurd. But the judge was convinced by these arguments and, after dismissing the lawyer’s motion, left the defendant in pretrial detention.

Yuriy Savelyev and lawyer V. Svintsov in the courtroom in Novosibirsk

In my study of the materials of the criminal case of Yuriy Savelyev, and in my statement at the hearing, I drew the court’s attention to the weakness of the argument in the indictment that the defendant acted as an “organizer and spiritual leader of a religious organization” (sheet 5). It is important to take into consideration that, from the perspective of religious studies, the canonical norms of Jehovah’s Witnesses do not prescribe an individual “organizer and spiritual leader” for a Christian congregation or religious group. Thus, the book Organized to Do Jehovah’s Will stipulates that in organizing the Christian meetings (religious meetings) of Jehovah’s Witnesses a body of elders takes the lead and not some mythical “spiritual leader.”22See: Organized to Do Jehovah’s Will. Watch Tower Bible and Tract Society of Pennsylvania, 2019, pp.59–70.

From the perspective of religious studies, the canonical norms of Jehovah’s Witnesses do not prescribe an individual “organizer and spiritual leader” for a Christian congregation or religious group

Yuriy Prokopyevich Savelyev is a believer who identifies with the religious denomination of Jehovah’s Witnesses, not with any particular legal entity, including the Administrative Center of Jehovah’s Witnesses in Russia, which was banned by the RF Supreme Court, or the local religious organization of Jehovah’s Witnesses “Zarechny, Novosibirsk,” which was also banned by the RF Supreme Court on April 20, 2017. In the criminal case materials (recordings of meetings and conversations of Yuriy Savelyev) there is no mention of the Administrative Center of Jehovah’s Witnesses in Russia or the local religious organization of Jehovah’s Witnesses “Zarechny, Novosibirsk.” There are also no manifestations of extremism; the discussion is only about holding meetings for worship, which is not forbidden by law.

In his final statement on December 9, 2020, Yuriy Savelyev drew the court’s attention to the fact that the accusations against him were unsubstantiated and that the “evidence” that the accused had continued the activity of the local Christian religious organization “Zarechny, Novosibirsk” was falsified.

I will cite just one of many examples from Yuriy Savelyev’s final statement: “Indictment, page 142, Raya Kremer, 82 years of age. On November 9, 2018, during the search, a notebook of 24 sheets, several phone numbers, and a binder with 10 sheets of philosophical and religious sayings were seized. On the basis of these sayings and Bible texts, investigators determined that the seized documents and items gave evidence of the activity of the local Christian religious organization “Zarechny, Novosibirsk.” Please explain how the philosophical sayings of 19-20th century philosophers and Bible texts written 2000 years ago could give evidence about Zarechny in Novosibirsk?”23Transcript of the court hearing in the Leninsky District Court of Novosibirsk on December 9, 2020, in case 1-820/2019 on the charge of Yuriy Prokopyevich Savelyev for committing the crime specified in Article 282.2(1) of the RF CrC.

Despite the fact that the prosecution provided no evidence of extremist activity by Yuriy Savelyev, the court rendered a guilty verdict.

Six years in a penal colony – this harsh sentence was given to Savelyev on December 16, 2020, by Judge Yekaterina Kashina of the Leninsky District Court in Novosibirsk (the prosecution had asked for eight years of imprisonment).

Despite the fact that the prosecution provided no evidence of extremist activity by Yuriy P. Savelyev, the court rendered a guilty verdict

On April 5, 2021, the Novosibirsk Regional Court upheld the verdict of the Leninsky District Court of Novosibirsk against Yuriy Savelyev (he was sentenced to 6 years in a penal colony). The verdict entered into force.

“Such a harsh sentence for a completely innocent, elderly, and not very healthy man violates humanitarian standards and undermines faith in justice…”

“Such a harsh sentence for a completely innocent elderly and not very healthy man violates humanitarian standards and undermines faith in justice. Yuriy Savelyev became the fifth prisoner of conscience in the history of the religious persecution of Jehovah’s Witnesses in modern Russia to be sentenced to six years in a penal colony merely for participating in peaceful religious meetings. The Russian government confirmed that this denomination was not banned; only its legal entities were liquidated. But the courts continue to put ordinary people behind bars, essentially saying that Jehovah’s Witnesses do not have the right to freedom of religion,” said Yaroslav Sivulskiy, a representative of the European Association of Jehovah’s Witnesses.24A Novosibirsk court sentenced 66-year-old Yuriy Savelyev, one of Jehovah’s Witnesses, to six years in prison. He has already spent half of this term in pre-trial detention (https://jw-russia.org/en/news/2020/12/4.html).

On May 28, 2021, Yuriy Savelyev was escorted to Penal Colony № 5 for the Altai Territory (in the city of Rubtsovsk) to serve his sentence.

As further events showed, new hardships awaited Yuriy Savelyev in the colony.

In early August 2021, Pyotr Safonov, the acting head of Colony № 5, summoned Yuriy Savelyev several times and proposed that he sign a blank consent form for medical treatment. Yuriy said that nothing was bothering him and refused to sign. He also drew attention to the fact that the document did not contain an assessment from the medical unit doctor indicating a need for treatment. Yuriy was asked to express his disagreement on the form and sign it, which he did.

During the conversation the acting head mentioned that Yuriy was receiving “too many letters, which was making a lot more work for the colony staff.”

On August 24, 2021, Yuriy Savelyev was notified that he was being transferred for six months to Barnaul, 295 km away, to Medical Correctional Facility № 1 (MCF-1), which specializes in “the treatment of inmates with alcoholism and drug addiction.”

On September 1, 2021, Yuriy Savelyev’s lawyer visited him in Medical Correctional Facility № 1. Yuriy was feeling well. He described how he was managing to cope with difficulties and injustice: “Thanks to frequent sincere prayers to Jehovah God, I feel his support. And when I read letters from fellow believers, which contain many interesting encouraging thoughts and news, it is as if I am immersed in another world. Then time passes much faster, and I have no time to think about sad things.” By this time Yuriy had already received more than 16,000 letters from 80 countries. He was enjoying peaceful relationships with the inmates in the new place.

The head of MCF-1 and a doctor of the medical unit explained to Yuriy’s lawyer that no compulsory treatment is administered there and that Savelyev’s rights would not be violated. His lawyer drew attention to the fact that Yuriy was one of Jehovah’s Witnesses, and therefore did not suffer from alcoholism or drug addiction and did not need treatment.

On September 9, 2021, a doctor summoned Yuriy Savelyev to discuss upcoming treatment and medical procedures. On the desk he noticed a copy of the “Consent to Treatment” form, that he was given to sign in Rubtsovsk PC-5, in which he expressed his refusal of treatment. Two erasure spots caught his eye, where he had written “not” before the word “agree” next to his signature. The doctor asked if Yuriy was ready for treatment. He categorically refused, explaining that he did not suffer from drug addiction or alcoholism. The doctor consulted about this development with the deputy head of the medical unit, Yevgeniy Yevdokimov, who ordered that no compulsory treatment be prescribed for Yuriy Savelyev.

On September 10, 2021, the administration of MCF-1 informed Yuriy Savelyev that he would not be given compulsory treatment. Yuriy Savelyev’s lawyer visited him. He saw that a picture of Savelyev with the caption “prone to extremism” had been hung above his bed.

On September 16, 2021, Yuriy Savelyev was transferred from Medical Correctional Facility № 1 (Barnaul) back to Penal Colony № 5 in the Altai Territory (Rubtsovsk).

On October 12, 2021, Yuriy Savelyev’s lawyer visited him. Savelyev recounted how he was transported from Medical Correctional Facility № 1 (MCF-1) back to Penal Colony № 5 in the Altai Territory (Rubtsovsk): “We were loaded into a prison van. On the way we stopped at the tuberculosis hospital, where they picked up other prisoners. As we rode along, we got acquainted: who was who and what we were in for. When I told them why I was in prison, one of my fellow travelers literally jumped up from his seat and started shaking my hand. He said he was glad to meet one of Jehovah’s Witnesses, that he had read a lot about Jehovah’s Witnesses and dreamed of talking to them. The man said that despite all the negative information, he is always on our side. For 8 hours, all the way from Barnaul to Rubtsovsk, he asked me questions about my faith.”

On November 24, 2021, the Eighth Court of Cassation returned the case to the appeal stage. However, on February 7, 2022, the Novosibirsk Regional Court again upheld the sentence of the Leninsky District Court of Novosibirsk against Yuriy Savelyev. He continued to insist on his innocence.

With his venerable age, strong faith, and decency, Yuriy Savelyev earned the respect of the prisoners and prison staff. He did not lose hope of being released early. His term in the penal colony ended in August 2023. Despite all the difficulties, Yuriy Savelyev maintains strong faith in God, calmness, optimism, and a sense of humor.

With his venerable age, strong faith, and decency, Yuriy Savelyev earned the respect of the prisoners and prison staff

The trial of the “Penitent Thief” in Kostroma

According to the Gospel account, two criminals were brought to be executed along with Jesus Christ. The soldiers nailed Jesus to the stake next to them, one on his right and one on his left. All four Gospel writers speak in greater or lesser detail of the two thieves impaled with Jesus Christ.25Matthew 27:44; Mark 15:32; John 19:18. The most complete account of this is given by the Gospel writer Luke.26Luke 23:39-43.

One of the criminals began to insult Jesus, saying, “You are the Christ, are you not? Save yourself and us too!” But the other robber rebuked him, “Do you not fear God at all, now that you have received the same judgment? And we rightly so, for we are getting back what we deserve for the things we did; but this man did nothing wrong.” Then he said: “Jesus, remember me when you get into your Kingdom.” And Jesus answered him, “Truly I tell you today, you will be with me in Paradise” (Luke 23:43).27The modern Russian translation of the M. P. Kulakov Institute for Bible Translation in Zaoksky has the following note for the word “today:” “Literally, ‘truly, I say to you today.’ The original Greek text had no separation between words or punctuation marks. Depending on the meaning that commentators and translators see in this sentence, the adverb ‘today,’ which stands in the original text between the expressions ‘truly I say to you’ and ‘you will be with me’ may linguistically relate to either.”

The “Penitent Thief” is an instructive Bible example of a man who sincerely repented of his crimes and came to believe in Jesus Christ.

Life has not been easy for Dmitriy Sergeyevich Terebilov. Dmitriy was born in 1980 in Kostroma; he lost his mother early. As a child he liked wrestling and boxing; he spent much time on the street with his friends. Later he acquired several skills: he trained as a locksmith, a cook, and a tailor. For a while Dmitriy made a living as a tailor; then he worked as a janitor.

There was a particularly difficult period in Dmitriy’s life – he had several criminal convictions. It was in prison that he first decided to read the Bible. Dmitriy discovered that this book could radically change his life. He immediately decided to apply what he learned from the Bible. While he used to flatly refuse to work in prison because he considered the “morality” of the criminal world correct, he began to work diligently after he became acquainted with the Bible.

Dmitriy recalls, “There was a point at which the Bible changed my life: I went from being a criminal of no use to anyone to being a God-fearing man and a useful member of society. I can’t keep quiet about it; I can’t help but thank Jehovah God for such changes, a real purpose in life, and hope for the future.”

“There was a point at which the Bible changed my life: I went from being a criminal of no use to anyone to being a God-fearing man and a useful member of society.”

In July 2018, police officers accompanied by special armed forces broke down the door of the entryway in Dmitriy Terebilov’s home. At the time, he was not at home. The law enforcement officers searched his apartment. A year later, in June 2019, the Investigative Committee initiated a criminal case against the believer for participating in extremist activity. Three weeks later, the apartment of Terebilov was searched again. He was placed under a recognizance agreement. Dmitriy’s bank account was blocked because his name had been added to the Rosfinmonitoring list of terrorists and extremists. In September 2020, hearings began in the Sverdlovsk District Court of Kostroma. The case was considered by Judge Oksana Borovkova, then transferred to Yelena Molodova.

In Kostroma, Dmitriy Terebilov participates in a court hearing from the detention center via videoconferencing

I was questioned in court on May 18, 2021. My religious studies research showed that D. S. Terebilov did not take any actions to continue the activity of any organization banned by the Supreme Court of the Russian Federation on April 20, 2017. The defendant participated in activities that are common to Jehovah’s Witnesses – actions arising from the internal (canonical) structure of the denomination of Jehovah’s Witnesses. These include participating in Christian meetings, including offering prayers and listening to sermons, discussing spiritual matters and Bible texts, singing religious songs together, participating in the Memorial of Christ’s death, and engaging in preaching activity.

The defendant participated in activities that are common to Jehovah’s Witnesses, actions arising from the internal (canonical) structure of the denomination of Jehovah’s Witnesses

There was no need for Terebilov to try to set up or continue the activity of any organization banned by the Supreme Court of the Russian Federation, or to participate in such an organization.

As already discussed in Chapter 4, “What the Supreme Court of the Russian Federation Banned… on April 20, 2017, and How the Legal Norms Related to the Activity of Jehovah’s Witnesses Have Been Distorted,” the congregations of Jehovah’s Witnesses as provided for by their canonical structure, operate independently of any legal entities and are not organizations; it would be incorrect, from a religious studies perspective, to identify them with the activity of those legal entities previously registered and subsequently liquidated by the state.

The decision of the Supreme Court of the Russian Federation of April 20, 2017 does not abolish the constitutional right of an individual “to profess individually or together with others any religion or not to profess any religion, to freely choose, have and disseminate religious and other beliefs and act in accordance with them” (Article 28 of the Constitution of the Russian Federation).

Consequently, any individuals, including D. S. Terebilov, were entitled to practice the religion of Jehovah’s Witnesses even after April 20, 2017. And this means that being one of Jehovah’s Witnesses in Russia is not a crime, and practicing this faith does not mean continuing the activity of the liquidated legal entities.

Being one of Jehovah’s Witnesses in Russia is not a crime, and practicing this faith does not mean continuing the activity of the liquidated legal entities

In the indictment in the criminal case against Dmitriy Sergeyevich Terebilov, the goals and objectives described in the Charter of the local religious organization of Jehovah’s Witnesses of the City of Kostroma (liquidated in accordance with the decision of the Supreme Court of the Russian Federation on April 20, 2017) are equated to the characteristics of an extremist organization. This might appear to have its own peculiar logic: if the local religious organization of Jehovah’s Witnesses of the City of Kostroma was declared extremist, then its charter must contain the goals and objectives of extremist activity. But this is not the case. There is nothing criminal or extremist in the Charter of the local religious organization of Jehovah’s Witnesses of the City of Kostroma. The Supreme Court of the Russian Federation liquidated and declared legal entities of Jehovah’s Witnesses extremist based on the conclusion that they violated the provisions of their own charters. Such is the paradox.

The indictment in the criminal case against Dmitriy Sergeyevich Terebilov does not specify exactly what extremist actions he committed. This ignores the provisions of point 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 28, 2011 № 11, “On judicial practice in criminal cases regarding extremist crimes,” according to which organizing and participating in the activity of an extremist organization is understood to mean committing deliberate actions aimed at continuing or resuming the illegal activities of a banned organization.

On July 22, 2021, the prosecutor asked the court to send Dmitriy Terebilov to a strict regime colony for five years. The prosecutor’s main argument was that Terebilov is a recidivist28Recidivist – in criminal law, a person who, after his conviction, has again committed one or more crimes. and should therefore be sent to a strict regime colony.

On September 6, 2021, the court, partially agreeing with the prosecutor, sentenced Terebilov to three years in a strict regime penal colony.

I consider it unjust to call Dmitriy Terebilov a “recidivist.” After he became one of Jehovah’s Witnesses, Dmitriy Terebilov was transformed into an honest, law-abiding person. His conviction in 2021 was the result of prosecuting a completely innocent man for his faith.

As Dmitry Sergeyevich Terebilov declared in his final statement, “My life and my faith… have nothing to do with extremism. Telling people about the beautiful hope from Almighty God is an expression of love, not hatred. Helping people change for the better is not incitement to overthrow the constitutional order or a threat to the interests of the state but an opportunity to see truly happy and law-abiding people.”29Transcript of the court session at the Sverdlovsky District Court of Kostroma from August 30, 2021, in case 1-18/2021 (1-375/2020) regarding the charge that Dmitriy Sergeyevich Terebilov committed the crime specified in Article 282.2(2) of the RF CrC.

On December 17, 2021, Dmitriy’s lawyer visited him in Detention Facility № 1 of the Federal Penitentiary Service of Russia in the Kostroma Region. Dmitriy was being held in solitary confinement. After the verdict was handed down, he was moved several times to different cells. He carefully cleaned each cell and then kept it clean and tidy. He has his own copy of the Bible and reads a lot, using the library.

On January 12, 2022, the panel of judges of the Kostroma Regional Court chaired by Judge Yuliya Shumilova denied Dmitriy Terebilov’s appeal. The verdict of the Sverdlovsky District Court of Kostroma entered into force.

In court, Terebilov stressed that he considers the sentence to be unlawful: “I am exercising my constitutional right to believe in Jehovah God. And this is not a crime. Therefore, finding me guilty simply for my religious beliefs is clear evidence of discrimination and violation of the law.” The believer also noted, “I am being subjected to prosecution and punished only because I am a Christian who practices the religion of Jehovah’s Witnesses, which is not prohibited by law.”

“I am being subjected to prosecution and punished only because I am a Christian who practices the religion of Jehovah’s Witnesses, which is not prohibited by law.”

The Court of Appeal in Kostroma upheld Dmitriy’s conviction despite the Supreme Court Plenum’s October 28, 2021 clarification that the worship of Jehovah’s Witnesses and their performance of joint rituals and ceremonies do not in themselves constitute the crime specified in Article 282.2 of the RF CrC, even after their legal entities were banned.

The trial in Abinsk, Krasnodar Territory: the first case of imprisonment after the Supreme Court Plenum of October 28, 2021

Aleksandr Georgiyevich Nikolayev has many children. He and his wife Yevgeniya have three grown sons and two adopted school-age daughters. In April 2021, the home of Aleksandr Nikolayev and his family was searched. Officers from the FSB and the special armed forces confiscated books, electronic devices, children’s drawings, and a postcard with a Bible verse on it.

The believer learned that on March 31, 2021, the Investigative Department for the Abinsk District of the Krasnodar Territory initiated criminal proceedings against him under Article 282.2(2) of the RF CrC (participating in the activity of an extremist organization). Nikolayev was interrogated by the Investigative Committee and released under a recognizance agreement. Almost six months later, on September 30, 2021, Nikolayev was again summoned for interrogation, then detained and transferred by court order to the Novorossiysk Detention Center.

On July 16, 2021, the case was transferred to the Abinsk District Court of the Krasnodar Territory. During the trial, the defense discovered that the indictment as well as some of the case materials had been forged.

During the trial, the defense discovered that the indictment as well as some of the case materials had been forged

Since April 2020, the Abinsk District Court has convicted eight of Jehovah’s Witnesses, including two women, Anna Yermak and Olga Ponomarеva.30Judge Nikolai Surmach of the Abinsk District Court of the Krasnodar Territory sentenced Anna Yermak and Olga Ponomareva in absentia. О. Ponomareva was sentenced to 5 years in a penal colony, and A. Yermak to 4 years and 6 months in a penal colony. The convicts’ lawyers believe the sentences to be unlawful and have filed appeals.All of them were sentenced to prison terms, and four are already serving their sentences. Aleksandr Ivshin,31In April 2020, the FSB initiated a case against Aleksandr Yevgenyevich Ivshin, an engineer with two degrees and a caring grandfather of eight grandchildren. According to the investigation, the believer (a resident of the village of Kholmskaya) organized meetings for worship via video link with joint singing of Bible-based songs in the neighboring town of Abinsk. He was charged under Article 282.2(1) of the RF CrC. The case was transferred to the Abinsk District Court of the Krasnodar Territory for consideration by Judge Aleksandr Kholoshin, who sentenced the believer to 7.5 years in a penal colony. On April 15, 2021, the Krasnodar Territory Court upheld the sentence. In June 2021, the believer was transferred to the penal colony in Rostov-on-Don.who is 64 years old, and is Aleksandr Nikolayev’s father-in-law, received the longest term – 7 years and 6 months in prison.

I managed to speak before the Abinsk District Court on December 1, 2021. I say “managed” because it was not an easy task and I succeeded only on the third attempt.

The Criminal Procedural Code (CrPC) contains Article 271, “Filing and Resolution of Motions.” Part 4 of this article says: “The court shall have no right to refuse the satisfaction of a motion for interrogation in a court session, as a witness or as a specialist, of a person who has come to the court at the parties’ initiative.” In November 2021, I appeared for the first time before the Abinsk District Court as a specialist in religious studies on the initiative of lawyer Anton Sergeyevich Omelchenko. And if the legal norms were observed, I should have been questioned without delay.

Court building in Abinsk, where the trial of Aleksandr Georgiyevich Nikolayev took place

But the court session did not take place: Judge Nikolay Aleksandrovich Surmach explained that some character was running around the court building with a knife, and it would be impossible to bring defendant Aleksandr Nikolayev to court. The hearing was postponed for a week.

It again proved impossible to bring the defendant to the court for the next hearing. On that day, the brakes on the prison van of the Novorossiysk Detention Center failed. There were two more vans in the detention center, but they were “set aside” for other courts of the Krasnodar Territory. The hearing of the Abinsk Court was postponed for another week.

Finally, the defendant was brought to the third hearing of the court. When I was given the opportunity to speak, I commented on a covert audio recording of a meeting for worship, in which Aleksandr Nikolayev read aloud a Bible passage from the book of Genesis about the third of the Bible patriarchs, Jacob, having 12 sons and one daughter. I reminded the court that the book of Genesis is part of the Bible; that on November 23, 2015, the Federal Law of July 25, 2002 № 114-FZ “On counteracting extremist activity” was amended. It was established that content and quotations from the Bible, the Koran, the Tanakh,32The Tanakh is the common name for all 24 books that together make up the Written Torah. The word Tanakh itself is an abbreviation of three words: Torah (Mosaic Pentateuch), Nevi’im (Prophets), and Ketuvim (Writings).and the Kangyur,33Kangyur is the first part of the Tibetan Buddhist canon, a collection of Buddhist texts translated from Sanskrit, Pali, Chinese, and other languages. The name Kangyur came to the Russian Buddhology through the Mongolian language and has been used since the 19th century.which form the spiritual basis of Christianity, Islam, Judaism, and Buddhism, cannot be declared extremist materials.

I gave considerable attention to the October 28, 2021 resolution of the Supreme Court Plenum of the Russian Federation. The covert audio recording features a meeting for worship of Jehovah’s Witnesses; participating in such a meeting cannot be considered participating in the activity of an extremist organization, as the Supreme Court Plenum of the Russian Federation stated.

The questions raised by the judge and the prosecutor made it clear to me that they were not familiar with the October 28, 2021 resolution of the Supreme Court Plenum of the Russian Federation, and that they were convinced of only one thing: Jehovah’s Witnesses must be convicted and they belong in prison. My attempts to shake this misconception were unsuccessful.

The questions raised by the judge and the prosecutor made it clear to me that they were not familiar with the October 28, 2021 resolution of the Supreme Court Plenum of the Russian Federation, and that they were convinced of only one thing: Jehovah’s Witnesses must be convicted and they belong in prison

On December 23, 2021, Nikolay Surmach, judge of the Abinsk District Court of the Krasnodar Territory, found 48-year-old Aleksandr Nikolayev guilty of participating in the activity of an extremist organization and sentenced him to 2 years and 6 months in a penal colony.

The believer maintains his complete innocence.

I think that my participation in the trials shows that a specialist in religious studies can be of benefit by advocating for innocent believers who are criminally prosecuted simply for their religious beliefs. I am sure it is right to help those who “suffer unjustly because of conscience toward God” (1 Peter 2:19).

A specialist in religious studies can be of benefit by advocating for innocent believers who are criminally prosecuted simply for their religious beliefs

The European Court of Human Rights (ECtHR) and the Protection of the Legal Rights of Jehovah’s Witnesses in Russia

The European Court of Human Rights (ECtHR) is a legal mechanism for the protection of human rights and freedoms based on the European Convention for the Protection of Human Rights and Fundamental Freedoms. The European Convention entered into force in 1953. This convention created a special legal mechanism to protect the rights and freedoms it declares. Initially, this mechanism consisted of three bodies: the European Commission on Human Rights, the European Court of Human Rights, and the Committee of Ministers of the Council of Europe.

Since November 1, 1998, the main legal mechanism for the protection of human rights and freedoms based on the European Convention has been the permanent European Court of Human Rights. Its seat is the Palais des Droits de l’Homme in Strasbourg, France, where the Council of Europe itself is located.

Before a complaint can be admitted to the ECtHR, several conditions must be strictly observed. Here are a few of them:

  • The subject of a complaint may only be the rights and freedoms guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms or its protocols;
  • The Court may accept complaints from any person, non-governmental organization or group of individuals claiming to be the victims of a violation by a state that is party to the Convention. Complaints against individuals and organizations are not admissible to the European Court;
  • In order for a complaint to be considered admissible based on its merits, the applicant must have exhausted all effective (from the viewpoint of the ECtHR) domestic remedies for protecting his rights – first and foremost, judicial remedies for such protection. The complaint must be lodged within four months after all remedies have been exhausted with domestic courts;
  • Complaints can only be filed against violations that occurred after the date on which a state ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms.

The European Court of Human Rights and the Russian Federation

For Russia, the European Convention for the Protection of Human Rights and Fundamental Freedoms, which establishes the jurisdiction of the European Court of Human Rights, entered into force on May 5, 1998.

Jehovah’s Witnesses have repeatedly appealed to the European Court, and the ECtHR has issued more than 50 important judgments in defense of their legal rights. The first was issued in 1993.

The ECtHR judgments were addressed to specific respondent states and served as a legal reference point for all 46 countries of the Council of Europe that are under the jurisdiction of the ECtHR.

Jehovah’s Witnesses have repeatedly appealed to the European Court, and the ECtHR has issued more than 50 important judgments in defense of their legal rights

Some of these were issued in response to complaints by Jehovah’s Witnesses against the Russian Federation. For example, in 2007 the European Court declared the disruption of a meeting for worship of Jehovah’s Witnesses in Chelyabinsk unlawful. The circumstances of the case grossly violated the rights of hearing-impaired believers. In 2000, representatives of the authorities and the police disrupted a sign language meeting for worship of a religious group of Jehovah’s Witnesses. The lease for the venue being used for meetings was then unlawfully terminated and the prosecutor’s office refused to initiate a criminal case against the representatives of the authorities. During the trial, Jehovah’s Witnesses were insulted and repeatedly referred to as a “totalitarian sect.”

In this case, the ECtHR found violations of Article 9 of the European Convention on Human Rights (freedom of thought, conscience and religion) and Article 6 (right to a fair trial). The European Court ordered the Russian Federation to pay the applicants 30,000 euros in non-pecuniary damages and 60,544 euros as reimbursement of expenses.34See: Strasbourg court satisfied the complaint of Chelyabinsk Jehovah’s Witnesses, Sova Research Center (https://www.sova-center.ru/religion/news/harassment/harassment-protection/2007/01/d9941/ [only in Russian]).

In 2010, the European Court of Human Rights ruled in the case Jehovah’s Witnesses of Moscow and Others v. Russia. This is discussed in Chapter 3, under “The First Attempt to Ban Jehovah’s Witnesses – Initiated by Anti-Cultists in the Mid-1990s.” The ECtHR ruling is analyzed in detail in a meaningful article by lawyer Artur Leontiev.35See: A. E. Leontiev. History of the Golovin trial for liquidation of the Moscow community of Jehovah’s Witnesses and its assessment by the European Court of Human Rights (https://jw-russia.org/docs/1/ref20110622_u.pdf [only in Russian]).

In 2013, the European Court protected privacy in a case of Jehovah’s Witnesses. The circumstances of the case concerned the rights of patients. In 2007, the deputy prosecutor of St. Petersburg demanded that all medical institutions in the city report to the prosecutor’s office “every case of Jehovah’s Witnesses refusing blood transfusions and blood components” without notifying the patients or obtaining their consent. On March 9, 2009, Jehovah’s Witnesses filed the complaint Avilkina and Others v. Russia with the ECtHR.

On June 6, 2013, the European Court of Human Rights ordered Russia to pay V. Zhukova and E. Avilkina 5,000 euros each in damages. The Court ruled that the actions of the Russian authorities toward the applicants violated the fundamental right to respect for their private life, which the ECtHR described as a “vital principle” protected by the European Convention.36See: European Court protected privacy in a case of Jehovah’s Witnesses (https://jw-russia.news/en/news/2013/07/20.html).

In 2022, the ECtHR issued three judgments in favor of Jehovah’s Witnesses. Two rulings concerned 14 of Jehovah’s Witnesses who filed complaints about illegal searches and detentions during the period from 2010 to 2012. This ruling is described in Chapter 3, under “Religious literature of Jehovah’s Witnesses is declared extremist.”37See: The ECtHR Issued Two Rulings in Favor of 14 Jehovah’s Witnesses. They Complained About Searches and Detentions in 2010-2012 (https://jw-russia.org/en/news/2022/02/221644.html).

In 2022, the ECtHR issued three judgments in favor of Jehovah’s Witnesses

The third ruling of the ECtHR (June 7, 2022) regarding Jehovah’s Witnesses in Russia is fundamental in nature.38The June 7, 2022 ECtHR judgment was issued in the case of Taganrog LRO and Others v. Russia, which combined 20 complaints filed by Jehovah’s Witnesses from 2010 to 2019. The total number of complainants is 1,444, including 1,014 individuals and 430 legal entities (some complainants appear in several complaints). According to the ruling, Russia is obliged to pay a total of EUR 3,447,250 to the complainants. The ECtHR ruled that the liquidation of the Administrative Center and 395 legal entities of Jehovah’s Witnesses in Russia, the ban on their activities and seizure of their property,39Russia is obliged to return the seized property or pay EUR 59,617,458 for it. as well as the ban on printed publications and the official website of Jehovah’s Witnesses, were unlawful. The European Court ruled to end the criminal prosecution of Jehovah’s Witnesses and to release all imprisoned Jehovah’s Witnesses.

The ECtHR ruled that the liquidation of the Administrative Center and 395 legal entities of Jehovah’s Witnesses in Russia, the ban on their activities and seizure of their property were unlawful

On that very same day, June 7, 2022, the State Duma passed a law stipulating that rulings of the European Court of Human Rights that took effect after March 15, 2022, would not be enforced in Russia and would no longer serve as grounds for reviewing decisions of Russian courts. The President of Russia signed this law on June 11, 2022, and it entered into force.

On that very same day, the State Duma passed a law stipulating that rulings of the European Court of Human Rights would not be enforced in Russia and would no longer serve as grounds for reviewing decisions of Russian courts

Russia thus blatantly and shamelessly violated its obligations to the Council of Europe and the European Court of Human Rights, because although the Russian Federation ceased to be a member of the Council of Europe on March 15, 2022, it was still obliged to implement ECtHR judgments regarding violations that occurred or would occur before September 16, 2022.

The June 7, 2022 ECtHR ruling in the case of Taganrog LRO and Others v. Russia completely exonerates Jehovah’s Witnesses, proving their innocence. The European Court’s conclusions were made against Russia, but they are valid throughout the entire territory of the Council of Europe, where there are 2.8 million people who attend the meetings of Jehovah’s Witnesses.

If Russia decides to return to the Council of Europe in the future, compliance with the ECtHR rulings will be a condition of its return. It is important to remember that there is no statute of limitations for payments imposed by ECtHR judgments, and interest begins to accrue if the member state has not paid compensation within three months of the day the ECtHR judgment enters into force. Accordingly, the longer the period of non-payment, the greater the interest will be.40See: ECtHR to put Russia on the counter, Kommersant (newspaper) № 144 of August 10, 2022, p.5 (https://www.kommersant.ru/doc/5503240 [only in Russian]).

The Supreme Court of Russia hears the case regarding the liquidation of all legal entities of Jehovah’s Witnesses (April 2017)
  • 1
    In the cities of Tomsk, Saratov, Polyarny (Murmansk Region), Vilyuchinsk (Kamchatskiy Territory), Partizansk (Primorsky Territory), Novosibirsk, Abinsk (Krasnodarskiy Territory), Arkhangelsk, Karpinsk (Sverdlovsk Region), Kostroma, Nizhny Novgorod, Sharypovo (Krasnoyarskiy Territory), Kirov, Kirsanov (Tambov Region), Gukovo (Rostov Region), Orenburg and Kazan. ↩︎
  • 2
    2011 Report of the Ombudsman for Human Rights in the Russian Federation, Rossiyskaya Gazeta, March 6, 2012 (https://rg.ru/2012/03/06/doklad-dok.html [only in Russian]). ↩︎
  • 3
    I. A. Krylov, Complete Works in 3 volumes, vol. 3: Fables, Poems, Letters and Business Papers. Book 1, Moscow, OGIZ, State Publishing House of Art Literature, 1946, p.20. Legare Street Press, 2023. [only in Russian] ↩︎
  • 4
    In his final statement on February 24, 2021, Roman Baranovsky gave the following assessment of the religious expert studies: “The religious expert study and the statements of religious studies scholars Anzhiganova and Volkov gave rather general – and on the part of Volkov, openly biased – views on the beliefs of Jehovah’s Witnesses.” ↩︎
  • 5
    Transcript of the court session in Abakan City Court of the Republic of Khakassia, Abakan of February 24, 2021 in case 1-34/2021 (1-707/2020) against Valentina Baranovskaya and Roman Baranovskiy for committing the crime specified in Article 282.2(1, 2) of the RF CrC. ↩︎
  • 6
    Federal Law № 119-FZ of August 20, 2004, Official website of the President of Russia (www.kremlin.ru/acts/bank/21331/page/1 [only in Russian]). ↩︎
  • 7
    Transcript of Sergey Klimov’s speech at the Oktyabrsky District Court of Tomsk on November 5, 2019. ↩︎
  • 8
  • 9
    Transcript of the court hearing of October 28, 2019 in case 1-417/2019 charging S. G. Klimov with committing the crime specified in Article 282.2(1) of the RF CrC. ↩︎
  • 10
  • 11
    Decree of the President of the Russian Federation of March 16, 2021 № 147 on the Appointment of Judges of Federal Courts and Members of the Presidiums of the Courts. ↩︎
  • 12
    The Saratov Regional Court did not change the sentences of the six Jehovah’s Witnesses. For their faith, they will be sent to a colony for terms ranging from 2 to 3.5 years (https://jw-russia.org/en/news/2019/12/1487.html). ↩︎
  • 13
    Transcript of Roman Gridasov’s statement at the Leninsky District Court of Saratov on September 19, 2019 (https://jw-russia.org/en/docs/1254.html [only in Russian]). ↩︎
  • 14
    Transcript of Konstantin Bazhenov’s statement at the Leninsky District Court of Saratov on September 19, 2019 (https://jw-russia.org/en/docs/1209.html [only in Russian]). ↩︎
  • 15
    Minutes of the questioning of specialist A. L. Dvorkin of February 4, 2019, criminal case file Vol. III, pp.10-15. [only in Russian] ↩︎
  • 16
    Alexander Dvorkin, Sectology. Totalitarian Sects, 3rd edition, revised and supplemented, Nizhny Novgorod, Publishing house of the Brotherhood in the name of St. Prince Alexander Nevsky, 2002, p.108. [only in Russian] ↩︎
  • 17
    God’s Kingdom Rules! Watch Tower Bible and Tract Society of Pennsylvania, 2014, p.198. ↩︎
  • 18
    This was priest Pavel Chidemyan, rector of the Parish of the Icon of the Mother of God of Kazan, and rector of the Parish of the Church of the Holy Martyrs Faith, Hope, and Charity and Their Mother Sophia in Severomorsk, Secretary of the Diocesan Council of the Diocese of Severomorsk, Executive Secretary for the Ruling Bishop for work with diocesan departments, and head of the information department and press service. ↩︎
  • 19
    Transcript of the court hearing of January 15, 2020 on case 1-23/2019 concerning the charge of R. N. Markin and V. F. Trofimov of committing the crime specified in Article 282.2(1) of the RF CrC. [only in Russian] ↩︎
  • 20
    The fact that only men can be elders in the congregations of Jehovah’s Witnesses sometimes evokes criticism from organizations fighting for women’s rights. Ironically, however, in today’s Russia, these norms can protect women from being given sentences that are as harsh as those given to male Jehovah’s Witnesses. To those who criticize Jehovah’s Witnesses from a feminist point of view, they usually respond that Jehovah’s Witnesses have no professional clergy, and their elders are not paid for their work, so it is inappropriate to speak of professional discrimination against women. Female Jehovah’s Witnesses do not have to cover their faces, they can wear elegant clothes, sing, and dance. Within their families, Jehovah’s Witnesses respect a woman’s desire (or lack of desire) to have children. In the congregations of Jehovah’s Witnesses women feel safe and are not subjected to sexual harassment. Domestic violence is totally unacceptable among Jehovah’s Witnesses. The Bible text, ‘Let the wife fear her husband’ (Ephesians 5:33 from the Synodal translation) reads differently in the New World Translation: “the wife should have deep respect for her husband.” ↩︎
  • 21
    Transcript of the court hearing of January 15, 2020 in case 1-95/2019 charging M. Y. Popov and E. V. Popova with committing the crime specified in Article 282.2(2) of the RF CrC. [only in Russian] ↩︎
  • 22
    See: Organized to Do Jehovah’s Will. Watch Tower Bible and Tract Society of Pennsylvania, 2019, pp.59–70. ↩︎
  • 23
    Transcript of the court hearing in the Leninsky District Court of Novosibirsk on December 9, 2020, in case 1-820/2019 on the charge of Yuriy Prokopyevich Savelyev for committing the crime specified in Article 282.2(1) of the RF CrC. ↩︎
  • 24
    A Novosibirsk court sentenced 66-year-old Yuriy Savelyev, one of Jehovah’s Witnesses, to six years in prison. He has already spent half of this term in pre-trial detention (https://jw-russia.org/en/news/2020/12/4.html). ↩︎
  • 25
    Matthew 27:44; Mark 15:32; John 19:18. ↩︎
  • 26
    Luke 23:39-43. ↩︎
  • 27
    The modern Russian translation of the M. P. Kulakov Institute for Bible Translation in Zaoksky has the following note for the word “today:” “Literally, ‘truly, I say to you today.’ The original Greek text had no separation between words or punctuation marks. Depending on the meaning that commentators and translators see in this sentence, the adverb ‘today,’ which stands in the original text between the expressions ‘truly I say to you’ and ‘you will be with me’ may linguistically relate to either.” ↩︎
  • 28
    Recidivist – in criminal law, a person who, after his conviction, has again committed one or more crimes. ↩︎
  • 29
    Transcript of the court session at the Sverdlovsky District Court of Kostroma from August 30, 2021, in case 1-18/2021 (1-375/2020) regarding the charge that Dmitriy Sergeyevich Terebilov committed the crime specified in Article 282.2(2) of the RF CrC. ↩︎
  • 30
    Judge Nikolai Surmach of the Abinsk District Court of the Krasnodar Territory sentenced Anna Yermak and Olga Ponomareva in absentia. О. Ponomareva was sentenced to 5 years in a penal colony, and A. Yermak to 4 years and 6 months in a penal colony. The convicts’ lawyers believe the sentences to be unlawful and have filed appeals. ↩︎
  • 31
    In April 2020, the FSB initiated a case against Aleksandr Yevgenyevich Ivshin, an engineer with two degrees and a caring grandfather of eight grandchildren. According to the investigation, the believer (a resident of the village of Kholmskaya) organized meetings for worship via video link with joint singing of Bible-based songs in the neighboring town of Abinsk. He was charged under Article 282.2(1) of the RF CrC. The case was transferred to the Abinsk District Court of the Krasnodar Territory for consideration by Judge Aleksandr Kholoshin, who sentenced the believer to 7.5 years in a penal colony. On April 15, 2021, the Krasnodar Territory Court upheld the sentence. In June 2021, the believer was transferred to the penal colony in Rostov-on-Don. ↩︎
  • 32
    The Tanakh is the common name for all 24 books that together make up the Written Torah. The word Tanakh itself is an abbreviation of three words: Torah (Mosaic Pentateuch), Nevi’im (Prophets), and Ketuvim (Writings). ↩︎
  • 33
    Kangyur is the first part of the Tibetan Buddhist canon, a collection of Buddhist texts translated from Sanskrit, Pali, Chinese, and other languages. The name Kangyur came to the Russian Buddhology through the Mongolian language and has been used since the 19th century. ↩︎
  • 34
    See: Strasbourg court satisfied the complaint of Chelyabinsk Jehovah’s Witnesses, Sova Research Center (https://www.sova-center.ru/religion/news/harassment/harassment-protection/2007/01/d9941/ [only in Russian]). ↩︎
  • 35
    See: A. E. Leontiev. History of the Golovin trial for liquidation of the Moscow community of Jehovah’s Witnesses and its assessment by the European Court of Human Rights (https://jw-russia.org/docs/1/ref20110622_u.pdf [only in Russian]). ↩︎
  • 36
    See: European Court protected privacy in a case of Jehovah’s Witnesses (https://jw-russia.news/en/news/2013/07/20.html). ↩︎
  • 37
    See: The ECtHR Issued Two Rulings in Favor of 14 Jehovah’s Witnesses. They Complained About Searches and Detentions in 2010-2012 (https://jw-russia.org/en/news/2022/02/221644.html). ↩︎
  • 38
    The June 7, 2022 ECtHR judgment was issued in the case of Taganrog LRO and Others v. Russia, which combined 20 complaints filed by Jehovah’s Witnesses from 2010 to 2019. The total number of complainants is 1,444, including 1,014 individuals and 430 legal entities (some complainants appear in several complaints). According to the ruling, Russia is obliged to pay a total of EUR 3,447,250 to the complainants. ↩︎
  • 39
    Russia is obliged to return the seized property or pay EUR 59,617,458 for it. ↩︎
  • 40
    See: ECtHR to put Russia on the counter, Kommersant (newspaper) № 144 of August 10, 2022, p.5 (https://www.kommersant.ru/doc/5503240 [only in Russian]). ↩︎