The case of Yagovitov in the village of Solnechnoye

Case History

In June 2021, security forces detained Boris Yagovitov and his wife while walking in a park in Komsomolsk-on-Amur. It turned out that the investigative authorities opened a criminal case against the believer because he is one of Jehovah’s Witnesses. His house in the village of Solnechny was searched, after which Yagovitov was interrogated, kept in detention for 2 days, and then placed under house arrest. The key evidence of his guilt is the testimony of the informant Baleichuk, who kept hidden records of meetings for worship and conversations about the Bible. In December 2021, the Yagovitov case went to court. At the first hearing, Judge Pavel Nesterov sent the believer to a pretrial detention center. In February 2022, the case was returned to the prosecutor’s office to remove violations. Four months later, the case was retried. The prosecutor asked that the believer be sentenced to 5 years in a penal colony. In October 2022, the court gave Yagovitov a 5 year suspended sentence with a probationary period of 3 years and restriction of freedom for 1 year and 7 months. The appeal upheld this verdict.

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    December 14, 2020

    The head of the CPE of the Ministry of Internal Affairs for the Khabarovsk Territory initiates a religious study of audio recordings of conversations between Boris Yagovitov and a certain Pavel Baleichuk, who participated in operational-search activities in 2018-2020.

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    May 14, 2021

    Alexander Meshalkin, investigator of the Investigative Directorate of the Investigative Committee of the Russian Federation for the Khabarovsk Territory and the Jewish Autonomous Region, initiates a criminal case against Boris Yagovitov under Part 1.1 and Part 2 of Article 282.2 of the Criminal Code of the Russian Federation.

    The investigation interprets peaceful conversations on biblical topics as "deliberate, in compliance with conspiracy measures, the involvement of new members in the composition ... extremist organization, as well as participation in ongoing events - a meeting of its members, which is a rite associated with the religious doctrine of the organization of Jehovah's Witnesses."

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    June 5, 2021

    Boris and Natalia Yagovitov are detained in Komsomolsk-on-Amur and taken for interrogation to the investigative department in the village of Solnechny. At the place of residence of the spouses, a search is carried out in their absence (the investigator takes the keys from the landlord).

    Boris Yagovitov is placed in a temporary detention facility for 48 hours.

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    June 7, 2021 Search

    Investigator Meshalkin brings Boris Yagovitov as an accused.

    The Solnechny District Court of the Khabarovsk Territory sends the believer under house arrest.

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    October 10, 2021

    Investigator Alexander Meshalkin recognizes the conclusions of religious examinations as inadmissible evidence due to procedural violations. He appoints a re-examination of the materials.

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    December 7, 2021

    After 6.5 months of preliminary investigation, an indictment of 118 pages is issued against Boris Yagovitov.

    As evidence of the "crime", the testimony of Baleichuk is given, who, after several conversations with the believer, turned to the FSB and the Ministry of Internal Affairs and agreed to participate in operational-search activities. The case file contains audio recordings of both his personal conversations with the accused and divine services at which the informant was present in person.

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    December 8, 2021

    The case goes to the Solnechny District Court of the Khabarovsk Territory and is appointed to Judge Pavel Nesterov.

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    December 29, 2021 Hearing in a court of the first instance

    The first hearing is held in the Solnechny District Court of the Khabarovsk Territory.

    Prosecutor Shcherbakov demands to change the measure of restraint for a believer to imprisonment in a pre-trial detention center. According to the prosecution, Boris "systematically violated the execution of the measure of restraint in the form of house arrest."

    The lawyer and the defendant deny the violation of the regime, referring to the malfunction of the technical equipment that tracked Yagovitov's movements.

    Nevertheless, Judge Pavel Nesterov changes the measure of restraint to detention for a period of 5 months and 9 days, that is, until June 7, 2022. The believer is placed in SIZO-2 in Komsomolsk-on-Amur.

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    February 24, 2022 Hearing in a court of the first instance

    Judge Pavel Nesterov returns Boris Yagovitov's case to the prosecutor's office. The ruling states: "The violations committed during the preliminary investigation ... are irremovable in court and ... entail the return of the criminal case to the prosecutor for their elimination."

    The measure of restraint for the believer is left the same and the detention is extended until 05/24/2022. Yagovitov has been in jail for about 2 months.

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    May 18, 2022

    The case of Boris Yagovitov again goes to the Solnechny District Court of the Khabarovsk Territory. On the same day, it is submitted to Judge Alyona Stolyarova for consideration.

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    June 9, 2022 Hearing in a court of the first instance

    The prosecutor reads out the indictment. The believer reads out his attitude to the charge.

    Three witnesses are being questioned, including the embedded agent Pavel Baleichuk, who confirms the testimony given during the investigation.

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    September 21, 2022 Prosecutor requested punishment

    The prosecutor asks the court to sentence the believer to 5 years in prison, as well as 2 years and 11 months of restriction of freedom.

    In the debate, the defense takes the floor.

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    October 10, 2022
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    December 22, 2022