The Case of Lubin in Shadrinsk

Nikolay Astapov, an investigator for particularly important cases of the First Department of the Investigative Directorate of the Investigative Committee of the Russian Federation for the Kurgan Region, initiates a criminal case against Alexander Lubin and unidentified persons under Parts 1 and 2 of Article 282.2 of the Criminal Code of the Russian Federation. The investigation interprets peaceful meetings of believers as "actions of an organizational nature aimed at the continuation and resumption of the activities of a banned organization."

Investigators are conducting searches of at least 8 families of local Jehovah's Witnesses. Personal records, letters, photographs, electronic devices, money, bank cards, books and magazines are seized from believers. In the town of Shadrinsk, about 150 km from the regional centre, security forces detained at least 8 men and brought them to the Investigative Committee for questioning. Among them are Alexander Lubin and Ilya Ershov.

Judge of the Kurgan City Court Yevgeny Kolesov chooses Lubin a measure of restraint in the form of detention for a period of 2 months - until September 13.

Neither the investigator nor the court take into account that the believer has a group II disability. According to the submitted medical certificates, Lubin's detention in the pre-trial detention center poses a real danger to his health and life.

Since 2018, he has been in need of planned hospitalization. So, in 2020, the believer was treated in a hospital 8 times, and the next planned hospitalization should take place in August 2021. According to the doctors' prescription, Alexander must use an oxygen cylinder for 16 hours a day, which is impossible in an isolation ward. The requirements for prisoners and the daily routine in the pre-trial detention center are an unbearable burden for the believer, since due to constant pain in the hip joints, he can hardly move.

Aleksandr Lubin, who is in SIZO-1 in the Kurgan Region, is appealing the decision to detain him due to his health condition.

Lawyers file a complaint with the ECHR about the detention of a believer despite his serious health condition.

The ECHR sends a request to the Prosecutor General's Office of the Russian Federation. Lawyers also appeal to the Commissioner for Human Rights in the Kurgan Region, after which the Commissioner initiates an urgent inspection.

The court releases Aleksandr Lubin from the pre-trial detention center and, at the request of the investigator, chooses a measure of restraint for the believer in the form of a ban on certain actions.

The case materials under two articles (Part 2 of Article 282.2 and Part 1 of Article 282.3 of the Criminal Code of the Russian Federation) against Ilya Ershov are separated into separate proceedings.

The case of Alexander Lubin is submitted to the Shadrinsky District Court of the Kurgan Region and appointed to Judge Natalia Korotneva.

The hearings in the case of Aleksandr Lubin have begun. The prosecutor, reading the indictment, distorts the name of God. The defense declares the need to pronounce it correctly out of respect for the feelings of the believer. The judge agrees with the remark and records it in the minutes of the session.

The defendant reads out his attitude to the charge. The referee takes into account Alexander's physical condition and allows him to perform while sitting.

The prosecutor continues to mispronounce the name of God, explaining that "the organization is banned and it does not matter how to read." The questioning of witnesses begins. One of them says that she talked to a man about God on the phone, and that's all she knows.

The court hearing was postponed due to the emergency hospitalization of Aleksandr Lubin.

Interrogation of 6 prosecution witnesses who cannot provide any information about the illegal actions of the defendants. The Court proceeds to examine the written materials of the case and considers the first two volumes. The prosecutor reads out memorandums on ORM, transcripts of recordings from the defendant's computer screen, transcripts of audio recordings of his telephone conversations.

The 8th, 9th and 14th volumes of the case materials are being examined.

The questioning of prosecution witnesses continues, who are also unable to testify anything on the merits of the case.

The court is questioning 6 prosecution witnesses. One of them informs the court that they talked with the defendant Lubin about the meaning of life, about the role of God in human life and about the Bible. The witness describes Alexander as a "calm, kind and thoughtful" person. The defendant did not incite him to violence and did not say that he hated anyone. The witness never heard from the defendant the names of legal entities of Jehovah's Witnesses, including the name "Local religious organization of Jehovah's Witnesses in Shadrinsk."

Another witness, a woman, says that her husband attended services of Jehovah's Witnesses until 2017, and notes that because of his association with them, he stopped drinking.

The Court begins to examine the written materials of the case from volumes 3, 4, 14, 15, 30 and 31.

The court examines the materials of the case. A witness is being questioned.

The court is questioning 5 witnesses. One of them says that she does not recognize two of her signatures, and the other three do not belong to her.

The court examines the materials of the case.

Interrogation of a prosecution witness, a woman with whom Lubin spoke on the phone about the Bible. The woman explains that the believer did not tell her anything bad or offensive, did not hurt her feelings, did not invite her anywhere and did not call her to anything.

The Court examines the case file in volumes 14 to 21.

The lawyer draws the court's attention to the fact that the voiced materials are not related to the participants in the trial, and also do not relate to the period imputed to the defendant. In addition, according to him, the state prosecutor does not indicate what exactly these materials have to do with the charges. The Court takes note of this observation.

The court continues to examine the case materials, some of them behind closed doors.

The volumes of the case are examined. At the request of the prosecutor, the court decides to announce some of the materials from them at a closed court session.

At the court session, the defense announces the evidence in the case contained in 24 volumes.

The defense reads out a number of materials, including a motion to terminate the criminal case.

The lawyer draws attention to the state of health of Aleksandr Lubin, who needs medical care.

Publications published by Jehovah's Witnesses, as well as books by Russian religious scholars Nikolai Gordienko, Mikhail Odintsov and Sergey Ivanenko, are examined.

The court is watching a film about the history of repression of Jehovah's Witnesses in the USSR, which is in the case file.

The defense attaches an epicrisis after Lubin's treatment in the hospital. A petition is also filed to attach to the case file two more medical reports, medical records, discharge reports and ECHR decisions issued in cases of Jehovah's Witnesses. The judge grants the request, except for the admission of medical records.

The defense file a motion to attach to the materials of the criminal case the written text of the ECHR decision in the case of "LRO Taganrog and others v. Russia". The court satisfies the motion, despite the objections of the prosecution, and examines it.

Defendant Alexander Lubin reads out his written notes. The believer draws attention to the fact that "the prosecution did not provide a clear explanation as to why it believes that [he] could practice his faith exclusively within the framework of a 'religious association'." He also asks: "Why does the prosecution believe that the constitutional rights of believers and the rights of religious groups were lost for me in April 2017? Why can't I use them now?"

The believer tells the court about his state of health: "It is difficult for me to walk, and in the event of a fall, I am not able to get up without assistance. Criminal prosecution on trumped-up charges further worsened my already poor health and deprived me of the opportunity to receive full-fledged routine medical care."

Lubin also cites a response from the Ministry of Foreign Affairs of the Russian Federation in the case file, explaining that "members of a liquidated organization can independently practice religious worship as part of religious groups that do not require registration." He concludes: "In court, we did exactly the opposite—we looked at the beliefs of Jehovah's Witnesses and how they were expressed. And this is not a crime! Therefore, I do not consider myself guilty and do not plead guilty."

The prosecution witness is being questioned via video conferencing. She says that she personally does not know Alexandra Lubina, she has never seen him live. I heard about him from my mother's stories, I saw his photo, but I can't identify him exactly.

The prosecutor asks the court to sentence the disabled person of group II Alexander Lubin to 7 years conditionally with a probationary period of 4 years.

The defendant provides the court with information about the impact on his life and health of his stay in the pre-trial detention center, where he spent 1.5 months and was released only after a complaint to the ECHR.

The debate of the defense begins.

For five sessions, the prosecution, lawyers and Aleksandr Lubin speak in the debate.

Aleksandr Lubin speaks in court with the last word.

The defense files a motion to attach an important document for the investigation. The judge supports the lawyer's opinion and grants the motion. To attach the document, the judge returns the trial to the previous stage and then re-announces the beginning of the arguments of the parties.

"Although I am physically weaker, my faith in God and the expectation of his promises are getting stronger every day," Aleksandr Lubin makes his final statement in court.