On September 3, 2020, the Novozybkovsky City Court found Vladimir Khokhlov, Eduard Zhinzhikov, Tatyana Shamsheva and Olga Silaeva guilty of extremist activities and sentenced them to imprisonment for a term of 12 to 15 months, followed by restriction of freedom and a ban on holding leadership positions. Since the believers had already spent about a year behind bars, they were released right in the courtroom. All of them ended up in jail after mass raids by armed security forces in 2019 in the Bryansk region. The security forces considered the usual communication of believers on religious topics to be a “criminal conspiracy”. However, during the court session it turned out that “information and files relevant to the criminal case were not found.” Due to the stress experienced, Vladimir Khokhlov suffered a hypertensive crisis, and Eduard Zhinzhikov and his wife lost an unborn child. In October 2020, the appeal upheld the verdict. In December 2021, this decision was upheld by the Court of Cassation.
Ilya Postevoy, investigator of the Novozybkovsky Interdistrict Investigation Department of the Investigative Committee for the Bryansk Region, initiates a criminal case against Tatyana Shamsheva on the grounds of a crime under Part 2 of Article 282.2 of the Criminal Code of the Russian Federation.
The investigator rules that the believer disseminates "the ideology of the religious organization" Administrative Center of Jehovah's Witnesses in Russia "and its local organizations by conducting conversations with residents of Novozybkov and Klimov."
In the cities of Uneche, Novozybkov, village. Mass searches in the homes of believers are taking place in Klimovo. Eduard Zhinzhikov and Vladimir Khokhlov are taken away for interrogation to the Investigative Committee.
A few hours later, the investigator for especially important cases, R. Y. Bogatyrev, opened a criminal case against Olga Silaeva under Part 2 of Article 282.2 of the Criminal Code of the Russian Federation. He points out that the believer "in collusion with T. V. Shamsheva spreads the ideology of the religious organization "Administrative Center of Jehovah's Witnesses in Russia" by conducting conversations with residents of Novozybkov and Klimovo," although the believers are not related to any banned legal entity.
The Novozybkovsky City Court of the Bryansk Region chooses a measure of restraint for Tatyana Shamsheva in the form of detention for a period of 1 month and 24 days, that is, until August 3, 2019.
Ilya Postevoy, investigator of the Investigative Directorate of the Investigative Committee of Russia for the Bryansk Region, initiates a criminal case against 42-year-old Vladimir Khokhlov and 47-year-old Eduard Zhinzhikov under Part 2 of Article 282.2 and Part 1 of Article 282.3 of the Criminal Code of the Russian Federation.
The Investigation Department combines the criminal cases of Shamsheva, Silayeva and Zhinzhikov, Khokhlov into one proceeding. The investigation is conducted by Captain of Justice R. Y. Bogatyrev.
Repeated searches are being carried out in the apartments of Eduard Zhinzhikov and Vladimir Khokhlov. Security forces search linen cabinets, bedding, bathrooms and even refrigerators.
Investigators come to Zhinzhikov's wife Tatyana at work, which puts the innocent woman in an awkward position in front of her colleagues.
Eduard Zhinzhikov and Vladimir Khokhlov were detained.
The Novozybkovsky City Court sends Vladimir Khokhlov and Eduard Zhinzhikov to pre-trial detention center No. 2 in the Bryansk region. Appeals have been filed.
The Sovetsky District Court of Bryansk extends the period of detention for Silayeva and Shamsheva for another 2 months, that is, until February 3, 2020.
The court again extends the term of detention for Tatyana Shamsheva, now until April 5, 2020, and for Olga Silaeva, Eduard Zhinzhikov and Vladimir Khokhlov until April 4.
R. Bogatyrev prosecutes Eduard Zhinzhikov and Vladimir Khokhlov as defendants under Part 2 of Article 282.2 and Part 1 of Article 282.3 of the Criminal Code of the Russian Federation ("collection of funds knowingly intended to support the activities of an extremist organization").
The investigation interprets everyday communication on religious topics as "a criminal conspiracy to continue participating in the activities of the 'Administrative Center of Jehovah's Witnesses.'"
The Bryansk Regional Court cancels the decision of the Sovetsky District Court of Bryansk and releases Tatyana Shamsheva and Olga Silaeva from custody on the same day. Both women were imprisoned for almost 8 months.
Tatyana Shamsheva and Olga Silaeva were elected a preventive measure in the form of a written undertaking not to leave and proper behavior. The defendants are charged in the final version: Tatyana Shamsheva and Olga Silaeva under Part 2 of Article 282.2 of the Criminal Code of the Russian Federation, Eduard Zhinzhikov and Vladimir Khokhlov under Part 1 of Article 282.2 and Part 1 of Article 282.3 of the Criminal Code of the Russian Federation.
Investigator R. Bogatyrev draws up an indictment against Shamsheva, Silaeva, Zhinzhikov and Khokhlov. The materials of the criminal case include 13 volumes, are sent to the prosecutor's office of the Bryansk region.
The investigator builds evidence confirming the accusation of believers on the testimony of witnesses. It is noteworthy that the testimonies of many people coincide word for word.
The indictment contains a response from the Ministry of Justice for the Bryansk region, according to which Zhinzhikov, Khokhlov, Silayeva and Shamsheva were not founders of religious organizations or groups.
From telephone conversations and recordings from the believers' apartment, the investigation established that they "contain a set of linguistic and psychological signs of motivation for action: to communicate on religious topics and an incentive to pray to Jehovah."
The Novozybkovsky City Court extended the detention of Eduard Zhinzhikov and Vladimir Khokhlov until August 9, 2020.
The judge denied Tatyana Shamsheva and Olga Silaeva the opportunity to attend the hearing, file motions, express arguments, despite the fact that they are accused in the case, and this right is guaranteed by law. The court did not even let them enter the threshold of the courthouse. An appeal to the chairman of the court did not correct the situation. The court did not allow the defendants to personally file reasoned motions, did not allow them to be transferred to the judge through the office and even through lawyers.
In addition, the court did not ensure the appearance of defense counsel Valery Svitelsky, the only defender who was acquainted with the case materials. Instead, the judge invited two new lawyers who were not familiar with the case and who refused to support the arguments prepared by the defense. They simply stayed in the courthouse until the judge retired to the deliberation room, after which they themselves safely retired without hearing the announcement of the decision. This is a gross violation of the Code of Lawyer Ethics.
Although Eduard Zhinzhikov and Vladimir Khokhlov were able to observe the hearings via videoconference, they could not get advice from a lawyer, prepare and file motions on the merits.
It becomes known that Khokhlov and Zhinzhikov were again returned to pre-trial detention center No. 2 in Novozybkov. Accordingly, the address for correspondence has changed.
The Novozybkovsky City Court of the Bryansk Region is starting to consider the merits of the criminal case. It is noteworthy that four of the accused are registered in four different regions of the Russian Federation. Witnesses in the case are persons living in a dozen settlements in the Bryansk region and St. Petersburg - all of them are forced to come to court, despite the coronavirus pandemic.
The defense calls on the court to implement the decision of the UN Human Rights Council Working Group on Arbitrary Detention and release the believers from their cage during the trial. The petition is supported by state prosecutor Yevgeny Dudin. Judge Lyudmila Solovets at first agrees, but after the intervention of the convoy, she still refuses the defense. It does, however, include the Working Group's opinion in the case file.
After the indictment is announced, the believers declare that the charges are deliberately false and ask for the opportunity to immediately testify in their defense. However, the court first examines four prosecution witnesses who testify in favor of the accused, drawing attention to their politeness, lack of aggression and cultural behavior. They state that they did not and could not give the testimony recorded in the trial transcript because they did not know this information. Some information was reported to them by the police officers themselves.
The court proceeds to the interrogation of the accused. Tatiana Shamsheva claims that she is being persecuted for following biblical commandments such as "thou shalt not kill" and "thou shalt not steal."
According to Olga Silaeva, her motives are similar to those of the Ministry of Emergency Situations, who want to help people and therefore warn them about the dangers.
Eduard Zhinzhikov notes that the accusations of extremist activity were invented by the investigation. For example, the prosecution uses a covert recording of the prayer of believers before meals and claims that this threatens the foundations of the constitutional order of the state and the security of the country.
Vladimir Khokhlov explains that, in fact, he is being tried for the fact that he simply paid utility bills for his house and took care of it, fulfilling his constitutional duties. He concludes by saying: "I am treated like in Nazi Germany, where every Jehovah's Witness found was imprisoned."
June 25, 2020
Hearing in a court of the first instance
The Novozybkovsky City Court of the Bryansk Region continues its hearing in the criminal case against Olga Silaeva, Tatiana Shamsheva, Eduard Zhinzhikov and Vladimir Khokhlov, accused under Part 2 of Article 282.2 and Part 1 of Article 282.3 of the Criminal Code of the Russian Federation.
During the interrogation, all 5 witnesses state that they have never talked to the defendants about religion, and three that they do not know the defendants. They also report that the investigator provided them with poor-quality photographs of unknown people who vaguely resembled those with whom they allegedly once communicated. But, having seen the accused, witnesses confidently answer that other people are represented in the photo.
In fact, only one interrogated witness states that he is familiar with Vladimir Khokhlov, since he was his colleague at work. He characterizes Vladimir as someone who respects others and behaves tactfully. The witness notes that during their joint work, Vladimir never allowed himself to speak rudely. In the end, the witness adds that Khokhlov's religious beliefs did not harm the working relationship.
In view of the absence of other witnesses, the public prosecutor proceeds to read out the case materials, the essence of which often boils down to the phrase "information and files relevant to the criminal case have not been found".
The court will continue consideration of the criminal case on July 2, 2020.
The Novozybkovsky City Court of the Bryansk Region concludes the judicial investigations by attaching to the case documents on the health of the accused and their relatives, indicating that Vladimir Khokhlov suffered a hypertensive crisis after his arrest, and the search and detention of Eduard Zhinzhikov actually led to the death of his unborn child.
During the debate, state prosecutor Yevgeny Dyldin recommends that the court find 4 believers guilty and sentence them to suspended imprisonment: Eduard Zhinzhikov — 7 years and 10 months with a ban on holding leadership positions for 4 years and restriction of liberty for 1.5 years; Vladimir Khokhlov — 7.5 years plus a ban on holding senior positions for 4 years with restriction of freedom for 1 year and 5 months; Tatyana Shamsheva — 3 years and 2 months plus 6 months of restriction of freedom; Olga Silaeva was sentenced to 3 years with restriction of liberty for a term of 6 months.
Despite the fact that the state prosecutor recommended that the court appoint a suspended sentence, Khokhlov and Zhinzhikov will continue to wait for the verdict in the pre-trial detention center, where they have been held for 10 months.
In the Novozybkovsky City Court of the Bryansk Region, believers Vladimir Khokhlov and Tatyana Shamsheva address the court with their last word. They do not plead guilty to extremist crimes.
Judge Larisa Solovets sentences Vladimir Khokhlov and Eduard Zhinzhikov to 1 year and 3 months in prison and a year of restriction of liberty, and also prohibits them from holding leadership positions for 3 years. The court sentenced Tatyana Shamsheva and Olga Silaeva to 1 year in prison and another six months of restriction of freedom, prohibiting them from holding a number of positions for 2 years. Since the believers have already served their time in the pre-trial detention center, they are released right in the courtroom.
An appeal hearing is underway in the Bryansk Regional Court. The convicted believers are asking to cancel the conviction of the Novozybkovsky City Court and acquit them.
"The court considered it a crime that I watched various religious videos, listened to religious songs, and discussed religious topics," says Olga Silaeva. "But when studying these materials in court, it was clearly seen that all this encourages only the manifestation of love, compassion for people, [...], and love is completely opposite to extremism." The believer believes that she is being discriminated against on religious grounds.
Tatyana Shamsheva notes: "The mistake of the investigation is that the concepts of Jehovah's Witnesses and the Administrative Center of Jehovah's Witnesses in Russia do not differ. That is, after the entry into force of the court decision of April 20, 2017, should I cease to be Jehovah's Witness? So, stop reading the Bible, pray, talk to others about your beliefs, change your lifestyle? If I don't pray, read God's Word, what kind of believer am I?"
Judges Alexander Sidorenko, Andrey Rossolov and Alexander Ryabukhin confirm the decision of the Novozybkovsky City Court of the Bryansk Region - the verdict was upheld and unchanged.
The First Court of Cassation of General Jurisdiction in the city of Saratov is considering a complaint in a criminal case against Eduard Zhinzhikov, Vladimir Khokhlov, Olga Silaeva and Tatyana Shamsheva.
17 listeners come to support the believers. All of them are allowed into the courtroom, and therefore the hearings are held in the plenary hall.
Tatyana Shamsheva and Olga Silaeva argue in favor of their innocence in their speeches. They claim that it is not a crime for them to attend worship services abroad and to talk to people about the Bible. According to believers, this is not a resumption of the activities of the liquidated legal entities of Jehovah's Witnesses.
Both women conclude that they were prosecuted solely for exercising their constitutional right to freedom of religion. They also pay attention to the fact that they did not feel hatred or enmity towards anyone. Consequently, they had no motive to commit the crime.
In addition, the defendants and their lawyer note that on October 28, 2021, the Plenum of the Supreme Court of the Russian Federation clarified that there was no corpus delicti in such actions, and persecution on religious grounds was characteristic of Nazi Germany and unacceptable for legal states.
After hearing all the arguments, the court decides to leave the verdict and the appeal decision unchanged.
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