Case of Ermolaev and Others in Chita

While relaxing by the river, next to the tents, Chita believers notice themselves being surveilled: they discover tracking devices and hidden audio recordings.

During the day, officers of the FSB and other bodies conduct searches in 50 houses of believers in cities and towns of the Trans-Baikal Territory, namely: Chita (20 searches), Khilok (4 searches), Krasnokamensk (4 searches), Baley (3 searches) and Petrovsk-Zabaikalsky (2 searches), the villages of Yasnogorsk (6 searches), Amazar (4 searches), Duldurga (2 searches), Verkhnyaya Hila (1 search), Kurort-Darasun (1 search) and Pervomaiskoye (1 search), as well as in the villages of Verkh-Chita (1 search), Zasopka (1 search) and Ilya (1 search). (Information about raids against believers in Karymsky and Shilka has not been confirmed.) At least 10 people were detained for interrogation. 31-year-old Vladimir Ermolaev (married), 47-year-old Sergey Kirilyuk (married), Pavel Mamalimov (married, has a young daughter), 31-year-old Vadim Kutsenko (married) remain in custody.

During a search in the home of another family, the security forces beat the minor Alexander Karpov. Law enforcement officers forcibly knocked him to the floor, put his hands behind his head and beat him in front of his mother and younger sister. The young man is forced to "crawl" into the living room, where law enforcement officers read out a search warrant. The search lasts 12 hours. (Later, the lawyer in Alexander's interests filed a complaint with the investigation department about the actions of the security forces. The medical expert records the traces of beatings, and a specialist goes to inspect the house, who removes tights with traces of Alexander's blood.)

Among others, the search takes place in the house of Olga Polyakova, a 62-year-old resident of Khilka, a disabled person of group III. Although she has difficulty moving, she is taken away for interrogation after the search. In the same city, security forces search the home of the Maltsev family. Both spouses are on disability and are raising a minor daughter. During the search, an ambulance is called for the spouses. Despite this, the head of the family, Vadim, is taken away for interrogation.

The Vasilyev spouses, who live in Kurort-Darasun with four minor children, were invaded by law enforcement officers early in the morning. During the search, the head of the family, a disabled person of group III, felt unwell, but he was still taken away for interrogation.

The Investigative Committee reports that more than 30 investigative and operational groups were formed before the raids, which simultaneously worked in Chita and the districts of the Trans-Baikal Territory.

31-year-old Vadim Kutsenko is handcuffed behind his back, his eyes are closed and he is subjected to beatings, strangulation and electric shocks to the lower leg and abdomen in an official car, demanding a confession. During the torture, Vadim Kutsenko refuses to admit guilt or give false testimony against his fellow believers. A company car stops in the forest behind the SibVO stadium. They take off his hat from his eyes and force him to get out of the car and beat him on the legs. After that, he is taken to the investigator, where he immediately declares the torture applied to him.

The Ingodinsky District Court of Chita sends Vladimir Ermolaev under house arrest until March 20, 2020. The arrest of Pavel Mamalimov, Sergey Kirilyuk and Vadim Kutsenko was extended for another 72 hours, until February 15 inclusive.

Vadim Kutsenko sends an appeal to the head of the Investigative Department of the Investigative Committee of the Russian Federation for the Trans-Baikal Territory, Y. S. Rusanov, with a request to initiate a criminal case on the fact of torture and bring the perpetrators to justice.

After 5 days of detention, without charge, believers Vadim Kutsenko, Pavel Mamalimov and Sergey Kirilyuk were released. They remain suspects. The believers were released because the Investigative Committee withdrew the petition for them to be chosen as a measure of restraint. Vladimir Yermolaev remains under house arrest.

It becomes known that the number of believers in Chita who are prosecuted for their faith under Part 1 of Article 282 of the Criminal Code of the Russian Federation is nine. Among them are the accused: Vladimir Ermolaev; suspects: Sergey Kirilyuk, Vadim Kutsenko, Alexei Loskutov, Vadim Maltsev, Pavel Mamalimov, Igor Mamalimov, Alexander Putintsev and Alexander Trofimov. It is known that minor children are raised by at least four of these peaceful believers (Kirilyuk, Maltsev, I. Mamalimov, Trofimov).

In a joint statement , 27 European states that are members of the European Union (EU), as well as 6 other non-EU countries, at a meeting of the Permanent Council of the Organization for Security and Cooperation in Europe (OSCE), call for an investigation into the report that Vadim Kutsenko, before he was detained, was tortured. Law enforcement officers repeatedly beat and choked him, as well as beat him with electric shocks, demanding information about other Jehovah's Witnesses.

Employees of the Federal Penitentiary Service take Vladimir Yermolaev to the investigation department. After 50 days under house arrest, the investigator changes his preventive measure to a written undertaking not to leave the place.

The Investigative Committee refuses to satisfy the appeal, arguing that the check did not confirm the fact of torture. The Investigative Committee confined itself to taking explanations from the operatives, who were allegedly forced to use force in response to Kutsenko's resistance.

An employee of the Investigative Committee of the Russian Federation is interviewing Alexander Karpov, who was beaten by police during a raid on February 10, 2020. The investigator also photographs the crime scene.

It becomes known that the investigation considers Vadim Maltsev not as a suspect, but as a witness in a criminal case for faith in Chita. Thus, the total number of believers known to be declared suspects and accused in a criminal case is 7 people. Kutsenko sends a complaint to the Chita Garrison Military Court: "The inspection is incomplete and one-sided, which is why the decision to refuse to initiate a criminal case was made prematurely and is illegal and unreasonable. Investigator, contrary to the requirements of Part 2. Article 21 of the Code of Criminal Procedure of the Russian Federation, actions aimed at properly verifying the arguments of the application and capable of refuting or confirming the information contained therein, including those specified in the text of the application, have not been carried out. Kutsenko draws attention to the contradictions in the testimonies of the officers who tortured him, and the selective approach to the evaluation of evidence. Asks to recognize the refusal to initiate a criminal case as illegal.

During the hearing in the Chita Garrison Military Court, Kutsenko learns that the head of the investigative body canceled the decision to refuse to initiate a criminal case on the torture allegation. The cancellation of the ruling means that the pre-investigation check on the allegations of torture continues.

The investigator begins interrogations of the defendants in the case of Vladimir Ermolaev. The first to be interviewed were Vadim Kutsenko, Igor Mamalimov and Alexander Putintsev. Alexei Loskutov was also issued a summons. During interrogations, suspects are asked to provide handwriting and voice samples. Believers are considering the possibility of refusing to provide data on the basis of Article 51 of the Constitution of the Russian Federation.

It becomes known that a 60-year-old local resident Georgy Senotrusov was involved as a suspect.

V. A. Zhuravlev, an investigator of the second department for the investigation of especially important cases of the Investigative Directorate of the Investigative Committee of the Russian Federation for the Trans-Baikal Territory, from the criminal case of Ermolaev and others in Chita, identifies materials against Vadim Kutsenko, Aleksey Loskutov, Pavel Mamalimov and at least 12 other believers to verify their involvement in the commission of other crimes: participation in the activities of a religious association banned by the court, involvement of other persons in it and financing of extremist activities.

Zhuravlev terminates the criminal prosecution of Vadim Kutsenko, Aleksey Loskutov, Pavel Mamalimov and another believer due to the absence of corpus delicti in their actions under Part 1 of Article 282.2 of the Criminal Code of the Russian Federation (organizing the activities of a religious association banned by the court). However, there is still a possibility that believers may be prosecuted for participating in religious activities.

It becomes known that the investigator sent a criminal case against four Jehovah's Witnesses to the prosecutor's office for signature: Vladimir Yermolaev, Sergey Kirilyuk, Igor Mamalimov, and Alexander Putintsev. They are charged with organizing the activities of a banned organization (Part 1 of Article 282.2 of the Criminal Code of the Russian Federation).

Deputy Prosecutor of the Trans-Baikal Territory T. F. Magomedov approves the indictment against Putintsev, Ermolaev, Kirilyuk and Mamalimov.

The case goes to the Central District Court of Chita.

The judge warns that listeners will not be allowed into the hall because of covid. The defendants refuse the appointed lawyers, but the court is not satisfied. The Public Prosecutor shall announce the indictment. The defendants express their attitude to the prosecution. For example, Alexander Putintsev, expressing his attitude to the charges, says: "The main question that arises in my mind: why did I, a believer, need to organize the activities of a legal entity? What spiritual needs as a believer could I not satisfy without the LRO or its structural subdivisions?" He has a legal, constitutional right to worship God without forming a legal entity, and the charges against him and his friends are illegal.

Alexander Putintsev, in the interests of better protection, asks for the possibility of visual contact with the interrogated witnesses, but the judge, without listening to the opinion of the parties, refuses, adding: "Comfortable conditions can only be at the resort, and we are in the courtroom."

Witness Aleksandr Dzhupina from the Department of Justice explains that the department has not received any negative information regarding Jehovah's Witnesses, and there have been no violations related to extremism. The Charter of the liquidated LRO did not say anything about elders and the council of elders, there was only a "chairman". Witness Ilya Barinov, a religious scholar, explains that Jehovah's Witnesses did not call for violence. In the fact that they refuse to serve in the army in favor of the ACS, he does not see a negative attitude towards the authorities. Other religions also refuse the army.

Due to the illness of one of the defendants, the hearing is adjourned.

During the trial, the prosecution witness, Doctor of Philosophy, Professor of the Department of Philosophy of the Trans-Baikal State University Artyom Zhukov is interrogated. Since 2002, he has been involved in the work of the Council on Religious Associations under the Administration of the Chita Region and the Governor of the Trans-Baikal Territory. He believes that the activities of the Chita group are the canonical activities of Jehovah's Witnesses throughout the world.

"The life of Jehovah's Witnesses is one of the most dramatic, in Transbaikalia, I mean, and the most dramatic and holistic moments. The existence of the organization itself, I think, is still underestimated at the world level, and their feat will still be appreciated. And, of course, the persecution that they are experiencing today will also be assessed in due time, and in due time everything will be restored to their rights. Because there are no other options in world history. But at the moment, real people are suffering." (During the Soviet years, Jehovah's Witnesses were repressed for their faith, exiled, and sent to camps in Siberia, Transbaikalia, and the Far East.)

Regarding the position of Jehovah's Witnesses regarding the rejection of blood donation, Zhukov notes: "If a person accepts this as his decision, then I do not think that this contradicts the basic principles of the Constitution." He confirms that they do not refuse medical treatment: "They are normal people, and when medical intervention is necessary, it is quite obvious."

16 people come to the hearing. The first three volumes of the case materials, which contain telephone conversations of Alexander Putintsev and transcripts of his conversations via video link, are examined.

The prosecutor does not read the transcripts in full, but only lists their titles.

12 people are present at the hearing.

The court examines the video materials of the case as evidence for the prosecution. At the same time, the judge violates the rights of the defendant Vladimir Ermolaev, not giving him the opportunity to comment on the viewing of one of the videos. Also, the judge does not give the opportunity to watch the video to the end.

8 people come to the next hearing. The study of material evidence seized during the search continues. Among others, a printed article is read out: "How not to hurt each other with words?"

At the next meetings, they will continue to familiarize themselves with the case materials.

To support the believers, 15 people come to the court session. During the hearing, the prosecutor reads out the record of the examination of material evidence, including the contents of the notebook with notes of culinary recipes, which, in the opinion of the prosecutor, are information of interest to the criminal case.

The information seized from Igor Mamalimov's phones is being investigated. The prosecutor reads out one of the messages found on the phone in full: "Igor, thank you for your advice, they are so useful, loving and invaluable." Sergey Kirilyuk's petition for full acquaintance with the content of some open-source videos presented to the court as prosecution evidence was also granted.

Igor Mamalimov was hospitalized due to surgery and is not present at the court hearing. The prosecutor asks the court to make a request to the hospital and then choose a measure of restraint for the believer in the form of imprisonment in a pre-trial detention center. He believes that Mamalimov is delaying the process. The court also receives a response from the hospital about the state of health of Sergey Kirilyuk, which says that he also cannot attend the court. In this regard, the prosecutor asks the court to separate the case of Kirilyuk into a separate proceeding. But the court decides to first summon his attending physician for questioning.

The court does not satisfy the prosecutor's request to separate the case of Sergey Kirilyuk into a separate proceeding.

During the hearing, three videos from open sources presented to the court as evidence for the prosecution are played, but another 9 files are refused to be viewed for technical reasons.

The prosecutor finishes providing evidence from the prosecution.

Judge Marina Kuklina announces that the court is moving to the stage of interrogation of the defendants, although according to the Code of Criminal Procedure, Part 2 of Article 274 "... After examining the evidence presented by the prosecution, the evidence presented by the defense is examined.

Four defendants file petitions with the court with a request to exercise their right to provide evidence by the defense, and then proceed to the interrogation of the defendants.

The hearing in the case of Vladimir Yermolayev and three other believers continues. The defense provides its evidence.

Vladimir Yermolaev asks the court to examine the evidence of the prosecution previously attached to the materials of the criminal case as evidence of the defense. However, the court refuses to examine these materials, explaining that it was necessary to declare when the prosecutor examined them, allegedly this is the procedure. (At the same time, on June 25, 2021, the court denied Yermolaev the opportunity to comment on the prosecution's evidence at the stage of examination.) Yermolaev is also denied pages from his passport. These pages show that on a number of dates that are imputed to him, he was absent from the country, and therefore could not have committed these offenses.

About 20 people come to the courthouse to support the believers.

The last of the defendants gives his testimony to the court.

The judge refuses to satisfy the defense's petitions, including the study of the book "Tetragrammaton", the announcement of the decision of the Supreme Court of 20.04.2017 and information about the teachings of Jehovah's Witnesses, about the presence of Yermolaev's wife at the announcement of the verdict. Some of these requests had previously been partially granted by the judge.

The debate of the parties is taking place. The prosecutor requests 7 years of imprisonment in a penal colony for Vladimir Yermolayev and Aleksandr Putintsev, and 6 years of suspended sentence for Sergey Kirilyuk and Igor Mamalimov.

At the next hearing, the debate will continue, the defendants will make their last speech. The date of the verdict is expected to be announced.

The hearing begins with remarks, which the parties have the right to make in accordance with Article 337 of the Code of Criminal Procedure of the Russian Federation.

Alexander Putintsev, Igor Mamalimov and Sergey Kirilyuk address the court with the last word. The last word of Vladimir Yermolaev is postponed to the next meeting.

The court found the believers guilty and sentenced Vladimir Yermolaev, Aleksandr Putintsev and Igor Mamalimov to 6.5 years of actual imprisonment, and Sergey Kirilyuk to 6 years of suspended imprisonment.

It becomes known that the believers sentenced to a real term were taken to pre-trial detention center No. 1 in the Trans-Baikal Territory, located in Chita.