Case of Oniszczuk and Others in Kirov

The Investigative Directorate of the Investigative Committee of the Russian Federation for the Kirov Region initiates a criminal case for faith under Articles 282.2 (1), 282.2 (2), 282.3 (1); According to the investigation, "they organized meetings of followers and members of the said association [of Jehovah's Witnesses] in various apartments in compliance with the actions characteristic of this association, expressed in the joint singing of biblical songs, improving the skills of missionary activity, studying religious literature, the so-called "Holy Scripture" (Bible), which is included in the Federal List of Extremist Materials Containing the Doctrine of Jehovah's Witnesses." Innocent victims of law enforcement officers are: Andrzej Onischuk (born in 1968), Vladimir Korobeynikov (born in 1952), Andrey Suvorkov (born in 1993), Yevgeny Suvorkov (born in 1978), Maxim Khalturin (born in 1974), Yuri Geraskov (born in 1956), Vladimir Vasilyev (born in 1956).

Searches are being conducted in the homes of believers. 5 people were detained: Onischuk, Korobeynikov, Khalturin, Andrey Suvorkov and Yevgeny. During the searches, all electronic devices are seized, including those belonging to relatives who do not profess the religion of Jehovah's Witnesses.

The court decides to detain Andrey Suvorkov and Maksim Khalturin.

By court decision, Onischuk, Korobeynikov and Yevgeny Suvorkov are also sent to the pre-trial detention center. Yuriy Geraskov and Vladimir Vasilyev are in the status of defendants.

The Kirov Regional Court is considering the appeal of five detained believers to change the measure of restraint. The court releases Vladimir Korobeynikov under house arrest due to the illness of his wife and daughter, who have no one to take care of.

The court changes the measure of restraint in relation to Andrey Suvorkov and Maxim Khalturin, replacing detention with house arrest.

The Pervomaisky District Court of Kirov refuses to extend the period of detention of Yevgeny Suvorkov, an investigator for especially important cases of the Investigative Department of the Investigative Committee of Russia for the Kirov Region. The court imposes on him a milder measure of restraint - house arrest. Only Polish citizen Andrzej Oniszczuk is left in the pre-trial detention center.

The court extends Andrzej Oniszczuk's stay in the pre-trial detention center until October 2, 2019.

The judge cancels the house arrest of Andrei Suvorkov, softening his measure of restraint until he recognizance not to leave.

Judge of the Kirov Regional Court Alexander Moseev satisfies the appeal of Andrzej Oniszczuk and lets him go home on his own recognizance. Onischuk stayed in captivity for almost a year (3 days in the temporary detention center and 327 days in the pre-trial detention center-1 in the Kirov region), not being able to communicate with his wife.

Pervomaisky District Judge Alexei Zhizhin releases Yevgeny Suvorkov, Vladimir Korobeynikov and Maxim Khalturin from house arrest. The judge believes that they will not be able to interfere with the criminal proceedings, so it is inappropriate to continue to keep believers under house arrest. The court also once again rejects the investigator's argument that the defendants "may continue to engage in criminal activity." The defendants themselves did not admit guilt because they had not committed any crimes and freedom of religion was guaranteed by the Constitution.

The case of the believers is submitted to the Pervomaisky District Court of Kirov.

After a long illness, 64-year-old Yuriy Geraskov died. The investigator knew about the state of his health, but did not stop the criminal case, although he chose a relatively mild measure of restraint for Yuri - a written undertaking not to leave the place. The stress of being persecuted for his faith had a negative impact on Yuriy's health.

The court decides to separate the charges against Vladimir Korobeynikov from the criminal case, after which it suspends the proceedings in this separated case.

The hearing in the original criminal case, in which the charges against A. Onischuk, E. Suvorkov, A. Suvorkov, M. Khalturin and V. Vasilyev remain, is scheduled for December 21 and 30, 2020.

Judge of the Pervomaisky District Court of Kirov, Nikolai Fufachev, rejects the motion to suspend the proceedings in the case of Vladimir Korobeynikov in connection with the pandemic. The court satisfies the petitions of the prosecutor Opaleva and the defendant Korobeynikov to unite the criminal cases and again joins the case of the believer to the case of Onischuk and others.

In connection with the consolidation of the cases, the trial of the six believers begins anew. The hearing is adjourned due to the failure of counsel to appear. The next meeting is scheduled for February 15, 2021.

The court is questioning prosecution witness Alexei Maslov, head of the CPE department. He says that his department began to take an interest in the activities of Jehovah's Witnesses in 2012. Maslov informs the court of information without indicating the source of his knowledge. He also has no evidence that the defendants kept banned literature for distribution. Neither discrimination on religious grounds nor religious hatred on the part of Jehovah's Witnesses was found by the CPE employee. Maslov did not hear calls for violent actions from the defendants. He confirms that the religion of Jehovah's Witnesses is not prohibited.

In the period from July 22, 2021 to February 8, 2022, more than 20 court hearings are held, at which the case materials are studied, prosecution witnesses and secret witness "Ivanov" are interrogated, material evidence is examined.

Religious scholar Sergei Ivanenko is being interrogated. He explains the difference between the activities of legal entities of Jehovah's Witnesses, which ceased to exist in 2017, and the practice of religion by ordinary believers.

He also says that the Supreme Court decision of 20.04.2017 did not prohibit the practice of the religion of Jehovah's Witnesses. Sergey Ivanenko explains that religious groups of Jehovah's Witnesses do not deal with issues of legal entities, so it cannot be assumed that they continue their prohibited activities.

He goes on to say that from the point of view of religious studies, Jehovah's Witnesses are a Christian denomination whose followers turn to God by the name of Jehovah, base their doctrine solely on the Bible, and live by Christian standards.

He cites the results of research: the principles used by Jehovah's Witnesses contribute to strengthening the family, not to rupture; Witnesses learn to respect the authorities, do not take part in strikes, protests, terrorist acts, do not refuse treatment, adhere to the commandment not to learn to fight and not to take up arms, go to alternative service.

When asked who is in charge of the religious denomination of Jehovah's Witnesses, Ivanenko explains: "God is in charge. There is a Governing Body on earth, which is a purely canonical institution. Jehovah's Witnesses have no leaders on earth."

Sergey Ivanenko is asked: "Can it be said that Jehovah's Witnesses are sectarians?" He answers: "This term is often used to defame, but the concept itself means 'a split from a larger faith.' However, Jehovah's Witnesses did not break away, but emerged as a new Bible study circle. The sect is also closed, and Jehovah's Witnesses are open, they preach... In addition, according to the law, in order to recognize a community as traditional, it is necessary that it exists for 50 years. Formally, in the case of Jehovah's Witnesses, more than a hundred years have passed... Simeon Kozlitsky was the first follower of the religion of Jehovah's Witnesses in the Russian Empire at the end of the nineteenth century."

After the interrogation, Sergey Ivanenko's religious research is attached to the case file.

The prosecutor petitions for a handwriting examination in the forensic center of the Ministry of Internal Affairs.

Material evidence is examined, such as brochures on the topics: "Wise Instruction to Married Couples", "Walk the Path of Kindness", "Wives, Deeply Respect Husbands", "The Name of God in Russian Music", etc.

The court receives the conclusion of a repeated handwriting forensic examination. It confirms that the signatures on copies of bank receipts belong to the defendants. However, the prosecution cannot provide the original documents, and a computer examination of the authenticity of copies of receipts was not carried out.

The court grants the prosecutor's request to include in the case file two sentences of Jehovah's Witnesses from Kirov - in the cases of Tokarev and Shamov.

The prosecutor requests a sentence of imprisonment in a colony for five believers: Andrzej Oniszczuk 6.5 years, Yevgeniy Suvorkov, Andrey Suvorkov and Maksim Khalturin 6 years and 3 months each, Vladimir Korobeynikov 3 years and 3 months. In addition, the prosecutor asks the believer Vladimir Vasilyev to impose a fine of 900,000 rubles.

The prosecutor asks Yuriy Geraskov, who died in April 2020, to be found guilty and to terminate the criminal case against him in connection with his death.

All the defendants make their final statements. The court retires to the deliberation room for sentencing.

Judge Timur Yusupov begins the announcement of the decision to terminate the criminal case against Yuri Geraskov. The volume of the document is 120 sheets. The announcement of the verdict will continue on June 3.

Judge Timur Yusupov finds all the defendants guilty and imposes suspended sentences. Andrzej Oniszczuk is sentenced to 6 years and 6 months; Andrey and Evgeny Suvorkov receive 6 years and 3 months each; Maxim Khalturin — 6 years and 2 months; Vladimir Korobeynikov was sentenced to 3 years and 3 months, and Vladimir Vasilyev to 2 years and 6 months. Yuriy Geraskov was also found guilty of extremism, but the criminal case was dismissed due to his death.