Is Russian Jehovah’s Witness Yuri Zalipayev an “extremist”? Should he be imprisoned for five years for exercising his right to freedom of conscience, as guaranteed by the Russian Constitution? Photo courtesy of jw-russia.org
Not Everyone Shall Be Guaranteed the Freedom of Conscience: How Russia Has Been Persecuting Jehovah’s Witnesses
August 23, 2018
Believe what you will, but do not do it openly is how the freedom of religion should now be interpreted in Russia. The authorities have sent over fifty people to court for praying and reading the Bible together. Jehovah’s Witnesses have had their homes searched and been arrested like people suspected of grave offenses. The grounds for these actions is the argument that the practice of their faith is a “continuation of the activities of an extremist organization.” OVD Info investigated the charges.
Everyone shall be guaranteed the freedom of conscience, the freedom of religion, including the right to profess individually or together with others any religion or to profess no religion at all, to freely choose, possess and disseminate religious and other views, and act according to them.
—Article 28, Constitution of the Russian Federation
Russia vs. the Jehovah’s Witnesses
23 criminal cases in 18 regions of Russia, 53 people charged, 13 suspects. 31 people released on their own recognizance, 9 people under house arrest, 26 people in remand prisons. Several people assaulted by police during searches of their homes, the doors of those homes kicked down in nearly all cases. Nighttime interrogations, confiscated electronic devices, papers, and money, blocked bank accounts.
On April 20, 2017, the Russian Supreme Court shut down the Administrative Center of Jehovah’s Witnesses in Russia for violating the law against “extremism.” All 395 official chapters of the Jehovah’s Witnesses in Russia were banned. The EU’s mission to Russia said the ruling could lead to arrests. That is what has happened.
Believers gather to pray and read the Bible, meaning they continue the work of a banned organization, according to Russian police investigators. There are few exceptions: nearly all the Jehovah’s Witness who have been detained have been charged with violating Russian Criminal Code Article 282.2 (“organization of and involvement in the work of an extremist organization”).
Danish national and Jehovah’s Witness Dennis Christensen was, among other things, charged with financing extremist activities. The prosecutor submitted to the court records, allegedly showing that money was transferred from the account of the Jehovah’s Witnesses after the church was shut down. It transpired the transactions in question had been executed by the bank itself after the Jehovah’s Witnesses had been dissolved as a legal entity. Another Jehovah’s Witness, Yuri Zalipayev, stands accused of inciting assaults on Russian Orthodox Christians and Muslims. Zalipayev’s defense attorney is sure police investigators cooked up their evidence and then tried to conceal the frame-up. Arkadya Akopyan, a 70-year-old tailor, has also been charged with insulting Muslims and |Russian Orthodox Christians. There is no audio or video evidence, only a witness’s testimony.
Is Russian Jehovah’s Witness Arkady Akopyan an extremist? Photo by Diana Khachatryan. Courtesy of Takie Dela
Police Searches of Homes
Russian law enforcement authorities usually conduct searches simultaneously in the flats of several Jehovah’s Witnesses early in the morning. Jehovah’s Witness have often reported violations on the part of police during these searches. In the case of the Polyakov family in Omsk, the security services busted down the door to their flat, prevented the Polyakovs from telephoning relatives, and smashed Mr. Polyakov’s face. (Doctors recorded his injuries only two days later.) When the Polyakovs attempted to voice their disagreement with the actions of police in the official search report, police wrested the form from their grasp. During searches and interrogations in Penza, a police investigator forced six female Jehovah’s Witness detainees to strip naked. In Saratov Region, the security forces mistakenly sawed off the door of the wrong flat. In another flat the same day, the police discovered banned literature in the sleeve of a child’s overcoat. Jehovah’s Witnesses believe the police planted it there.
In the city of Shuya, Ivanovo Region, police interrogated a 10-year-old girl, and the list of items confiscated during the police search of her family’s flat included sheet music and a pupil’s grade book from a music school. In Kabardino-Balkaria, one group of security officers stormed a flat through the balcony, although the flat’s female occupant had opened the front door to another group of security officers. In Birobidzhan, 150 law enforcement officers took part in numerous searches carried out on the same day: the operation was codenamed “Judgement Day.” Police have seized digital gear, books, Bibles, diaries, photographs, and bank cards during the raids. The raids and subsequent interrogations have lasted several hours.
Jehovah’s Witnesses have not only been detained in their homes. Police caught up with Andrei Stupnikov of Krasnoyarsk at an airport at four in the morning as he and his wife were checking into a flight to Germany. A court later jailed Stupnikov, since he could have received political asylum, as the judge put it. Alexander Solovyov was detained when he stepped off a train after returning to Perm from holiday.
Most of the Jehovah’s Witnesses who have been charged with criminal offenses have been incarcerated in remand prisons. The defense attorney representing Sergei Klimov of Tomsk told OVD Info that Klimov spent two months in a solitary confinement cell measuring 1.7 meters by 2.8 meters, allegedly, because it was impossible to find room for him in an ordinary cell. On August 8, at an appeals hearing, Klimov was left in police custody, but he was transferred out of solitary into gen pop.
After time spent in remand prisons, several Jehovah’s Witnesses have been released and placed under house arrest. Konstantin Petrov of Magadan spent 64 days in jail, while several Jehovah’s Witnesses in Orenburg spent 78 days in jail each.
Vitaly Arsenyuk, a resident of the town of Dzhankoy in northern Crimea, was charged with engaging in illegal missionary work, a violation of Article 5.25 Part 4 of the Russian Federal Administrative Offenses Code. After the first hearing in his case, in June 2017, Arsenyuk died of a heart attack.
Some Jehovah’s Witnesses have spent months in pretrial custody. Danish national Dennis Christensen has spent over a year in a remand prison. No one has yet been sentenced to hard prison time, but the courts have been indulgent to Jehovah’s Witnesses only on rare occassions. In 2017, a court acquitted Vyacheslav Stepanov and Andrei Sivak of Sergiev Posad, who had been charged with inciting hatred or enmity on the strength of a video recording of worship services. In May, an appellate court freed 55-year-old Alam Aliyev. On August 9 and 10, a court in Kamchatka overturned earlier decisions remanding Mikhail Popov in custody and placing his wife Yelena under house arrest.
In all regions of Russia, buildings constructed or purchased by Jehovah’s Witnesses have generally been seized and turned over to the state. In Petersburg’s Resort District, the state took possession of a complex valued at around two billion rubles [approx. 25 million euros], a complex from which the authorities had received hefty tax payments for many years. Over the course of seventeen years, state inspectors never found a single violation at the complex, but now the local courts refuse to recognize the rights of Jehovah’s Witnesses to the property or the official deeds to the complex.
The EU delegation to the OSCE, the Parliamentary Assembly of the Council of Europe (PACE), the Russian Presidential Human Rights Council, and human rights activists have spoken out against Russia’s persecution of Jehovah’s Witnesses.
Dennis Christensen’s arrest led to the initiation of legal proceedings at the European Court of Human Rights (ECHR) in Strasbourg. On May 15, 2015, the Kingdom of Denmark was admitted as a third party to the case of Christensen v. Russian Federation.
In response to the complaint filed with the ECHR, Russian envoys at the ECHR and UN claimed Jehovah’s Witnesses still had the right to practice their religion despite the dissolution of their congregations. It was at this same time, in the spring of this year, that the number of arrests of Jehovah’s Witnesses in Russia went through the roof.
The International Memorial Society has already recognized 29 Russian Jehovah’s Witnesses as political prisoners. A total of fifty Jehovah’s Witnesses have been subjected to persecution by the authorities.
- Oryol: Dennis Christensen, Sergei Skrynnikov
- Omsk: Sergei and Anastasia Polyakov
- Penza: Vladimir Alushkin, Vladimir Kulyasov, Denis Timoshin, Andrei Magliv, and four more unnamed people
- Tomsk: Sergei Klimov
- Saratov: Konstantin Bazhenov, Felix Makhammadiyev
- Village of Shirokoye, Saratov Region: Alexei Budenchuk
- Magadan: Sergei Yerkin, Yevgeny Zyablov, Konstantin Petrov
- Khabarovsk: Ivan Puyda, Vladimir Moskalenko
- Naberezhnye Chelny: Ilkham Karimov, Konstantin Matrashov, Vladimir Myakushin, Aidar Yulmetiev
- Orenburg: Vladimir Kochnev, Alexander Suvorov, Vyacheslav Kolbanov
- Polyarny, Murmansk Region: Roman Markin, Viktor Trofimov
- Shuya, Ivanovo Region, Dmitry and Yelena Mikhaylov, Svetlana Shishina, Alexei A., Svetlana P.
- Vladivostok: Valentin Osadchuk
- Nakhodka: Dmitry and Yelena Barmakin
- Krasnoyarsk: Andrei Stupnikov
- Perm: Alexander Solovyov
- Sol-Iletsk, Orenburg Region: Boris Andreyev
- Village of Perevolotsky, Orenburg Region: Anatoly Vichkitov
- Kostroma: Sergei and Valeria Rayman
- Vilyuchinsk, Kamchatka Territory: Mikhail and Yelena Popov
- Beryozovsky, Keremovo Region: Sergei Britvin, Vadim Levchuk
- Maysky, Kabardina-Balkaria: Arkadya Akopyan
- Lensk, Yakutia: Igor Ivashin
- Pskov: Gennady Shpakovsky
- Birobidzhan: Alam Aliyev
- Yelizovo, Kamchatka Territory: Konstantin Bazhenov
- Belgorod: Anatoly Shalyapin, Sergei Voykov
This list was supplied to us by the European Association of Jehovah’s Christian Witnesses and defense attorney Artur Leontiev.
Freedom of Conscience
OVD Info asked attorney Artur Leontiev, who has been handling the defense of Sergei Klimov and Andrei Stupnikov, as well as the case of the property owned by the Jehovah’s Witnesses in St. Petersburg, to comment on the persecution of the Jehovah’s Witnesses.
“Law enforcement agencies have been criminally prosecuting believers for ordinary, peaceful professions of faith, as when they gather in small groups to read and discuss the Bible, watch videos on biblical topics, and so forth. The security forces got it into their heads that this constituted a continuation of the activities of an organization dissolved by the court. However, the believers who have been charged with these crimes had nothing to do with the legal entities that were dissolved and were not parties to the proceedings in the Russian Supreme Court.
“Believers’ phones were tapped, their letters were vetted, and they were followed. The security service thus amassed a fair amount of operational material. I think the heads of the various agencies decided to use it to improve their conviction rates, all the more so since the peaceable Jehovah’s Witnesses were easy targets. They have always tried to be law-abiding. Even now they do not regard themselves as criminals. They evince no aggression, imagining the injustice that has befallen them is a misunderstanding that will soon be cleared up. Actually, they are faced with a choice: refuse to practice their religion or be prepared to endure all the delights of criminal prosecution. However, the law enforcers doing the dirty work in the locales often understand what is really going on, but they are guided by the principle of ‘I have my orders, and I have a family to feed.’
“The complaint (Administrative Center of Jehovah’s Witnesses in Russia and Kalin v. Russian Federation, Case No. 10188/17) has been filed with the ECHR and accepted for review, the parties have exchanged comments, and the case has been expedited. Complaints have also been filed with the ECHR for each particular instance of criminal prosecution of Jehovah’s Witnesses.
“It is vital, however, the Russian legal system kicked into gear and operated not on the basis of expediency, but according to the law. Whatever you feel about the Jehovah’s Witnesses, they have the same right to their beliefs and the same right to a fair trial as other Russians.”
Translated by the Russian Reader