Case of Baranovskiy in Abakan

The Federal Security Service of Russia for the Republic of Khakassia sends a report to the Investigative Committee of the Russian Federation for the Republic of Khakassia to the Investigative Committee for the Republic of Khakassia "on the detection of signs of a crime" in relation to Valentina Baranovskaya and Roman Baranovskiy.

Senior investigator of the Investigative Department for the city of Abakan of the Investigative Department of the Investigative Committee of the Russian Federation for the Republic of Khakassia A.V. Pachuev initiates a criminal case against 44-year-old Baranovsky Roman and his mother Valentina under Article 282.2 Part 1 of the Criminal Code of the Russian Federation ("organization of activities of a banned organization"). Later, Valentina was commuted to Part 2 of Article 282.2 of the Criminal Code of the Russian Federation ("participation in the activities of a liquidated organization").

Armed law enforcement officers are conducting searches at four addresses. Bibles, personal records, electronic devices and various media are seized from believers.

Roman Baranovsky was charged under Article 282.2 (1) of the Criminal Code of the Russian Federation. Roman denies the accusation. He points out that in fact he is going to be tried for believing in God, praying to him, discussing the Bible with friends. According to him, the essence of the charges boils down to the fact that he remains a Jehovah's Witness, that is, he adheres to a faith that the Russian Supreme Court did not forbid.

Valentina Baranovskaya was charged under Article 282.2 (2) of the Criminal Code of the Russian Federation. Valentina pleaded not guilty and considers the charge unlawful because she did not commit any crimes, but only exercised her right to freedom of religion enshrined in the Constitution.

The indictment revealed violations of the requirements of criminal procedure legislation, which prevent the case from being transferred to the court for consideration on the merits.

First Deputy Prosecutor of the Republic of Khakassia, Senior Counselor of Justice Andrei Mondokhonov decides to return the criminal case to the investigator for the Department of Internal Affairs of the Investigative Committee for the city of Abakan of the Main Investigative Directorate of the Investigative Committee of Russia for the Krasnoyarsk Territory and the Republic of Khakassia Ermakova O. M. for "rewriting the indictment and eliminating the identified violations."

The believers were notified of the end of the investigation and given an indictment. The measure of procedural coercion remained the same - the obligation to appear. There are still no victims in the case.

The first hearing on the merits of the case begins. It becomes known that in the morning Valentina Baranovskaya felt bad. The believer is called by a medical team. The ambulance doctor sends her to the hospital for examination and prescribes treatment in the hospital.

During the trial, the prosecutor voices the charges. Roman spoke with an attitude to the accusation. Valentina, due to poor health, could not speak and simply attached her attitude to the accusation. The next meeting is scheduled for July 23, 2020.

Valentina Baranovskaya is taken to the hospital with a diagnosis of stroke.

The defendant is in the hospital in a state of moderate severity, according to doctors. The court postpones the hearing to July 27 to find out whether she will be able to participate in the trial for health reasons.

Hearings on the merits are resumed in the Abakan City Court. Nikolai Stepanovich Volkov, a candidate of philosophical sciences, a religious scholar, is being interrogated as a specialist. In response to the prosecutor's request to describe the activities of Jehovah's Witnesses, Volkov notes: "They preach, of course, the Gospel. [...] In fact, their sermons are nothing illegal. [...] Morally, they are ordinary, deeply decent people."

At the same time, Volkov is biased about the printed publications of Jehovah's Witnesses, ironically at the fact that the illustrations depict representatives of different, including non-Slavic, peoples.

Valentina Baranovskaya testifies in the Abakan City Court.

She emphasizes that, despite the ban of a legal entity — the local religious organization of Jehovah's Witnesses in Abakan (decision of the Supreme Court of the Russian Federation of 20.04.2017) — everyone has the full right to practice their religion in accordance with Article 28 of the Constitution of the Russian Federation. The defendant adds: "From the point of view of the Supreme Court and the authorities of our country, believing in God, reading the Bible, singing songs of praise to God is not extremism, this is normal, this is the ordinary life of a believer." Further, Valentina explains the difference between a legal entity and ordinary believers with an example: if a chess club ceases to exist, then an amateur chess player does not stop playing chess. It clarifies that the term "Jehovah's organization" is not a legal, but a spiritual confessional one, and does not refer to a legal entity, but to all believers in the world who live according to the order established by God.

To the accusations of believers of "harming people and the state," Valentina replies that thanks to the Bible she became peaceful, fair, loving people and God, and learned to respect the authorities and their laws. "And if I hadn't done that, I couldn't have been called one of Jehovah's Witnesses," she says, wondering: "What is my crime? That I believe in a God whose name is Jehovah?"

The court attaches Baranovskaya's medical documents to the case. The believer claims that the unfair accusation led to serious health problems: in the summer of 2020, she was diagnosed with an ischemic stroke. She needs constant supervision and help. "If my son is imprisoned, how will I be left alone? I have only one son, and it is he who is my support, support and helper."

Judge Elena Shcherbakova schedules the arguments of the parties for February 1, 2021.

The debate begins in the Abakan City Court. Prosecutor Svetlana Shestakova requests for Roman Baranovsky 8 years of imprisonment in a penal colony, 1 year of restriction of liberty and 3 years of ban on holding senior positions in public organizations. The prosecutor demands that Valentina Baranovskaya be sentenced to 5 years in prison in compliance with similar restrictions.

The believers are scheduled to speak at the debate on February 8, 2021.

Valentina Baranovskaya speaks in the debate in the Abakan City Court.

She notes that the 5 years in prison requested by the prosecutor for her and 8 years for Roman is a record cruel punishment. At the same time, neither the case materials nor witness testimony confirm that the defendants committed actions or appeals of an extremist nature.

Valentina says: "It does not follow from the content of my conversations presented in the materials of the criminal case that I had an intent to commit extremist actions ... My only intention is to remain a Christian."

She also notes that the investigation did not find a single copy of banned literature in her house, and the fact of mass distribution of any materials from the FSEM list was not established.

In her speech, Valentina emphasizes that her religious views are based on the Bible and are expressed in love for people, which is the exact opposite of what is called extremism. According to the believer, in fact, she is accused of believing in God and talking about it with her family and friends.

Roman Baranovsky speaks in the debate. He draws the court's attention to the fact that in this trial the prosecution was unable to provide any evidence of his guilt either in promoting the superiority of the religion of Jehovah's Witnesses over other religions, or in organizing money collections, or in mass distribution of prohibited literature, or in any other crime. "The prosecution did not cite a single specific extremist statement or act on my part, and this is not surprising, since there are no such statements in the case materials," the believer notes, "I see that the prosecution used a certain template against me, which is often heard in the media, to indiscriminately defame those they do not like." From the materials considered by the court, it is obvious that the defendant discussed biblical principles directly opposite to what he is charged with, such as "do not give up, doing good", "forgive your enemies", "let us do good to all".

Roman Baranovsky draws the court's attention to the bias and incompetence of the experts who gave opinions in the criminal case, as well as prosecution witnesses, one of whom stated in her testimony that she "does not like ... [Baranovskiy] because they are Jehovah's Witnesses."

At the end of his speech, the believer says that in the end, "his confession of the unforbidden faith of Jehovah's Witnesses by unforbidden means in accordance with Article 28 of the Constitution of the Russian Federation" was proved.

Judge Shcherbakova announces the verdict: Valentina Baranovskaya is found guilty under Article 282.2 (2) of the Criminal Code of the Russian Federation and sentenced to 2 years in prison in a penal colony. Roman Baranovsky was found guilty under Article 282.2 (1) of the Criminal Code of the Russian Federation and sentenced to 6 years' imprisonment in a general regime colony.

In the history of the latest repressions of Jehovah's Witnesses, the sentence has no precedent in 2 respects: for the first time the sentence of imprisonment was imposed on a woman and for the first time the sentence of imprisonment was imposed under the milder part 2 of Article 282.2 of the Criminal Code of the Russian Federation (participation in a banned organization).

The verdict has not entered into force. It will be appealed.

Valentina and Roman Baranovsky were taken to pre-trial detention center No. 1 in the Republic of Khakassia (Molodezhny Square, 22B, Abakan, Republic of Khakassia, 655017).