Kaleria Mamykina

Criminal trial

In Arkhangelsk, the Investigative Committee stopped the criminal prosecution of 78-year-old Kaleria Mamykina

Arkhangelsk Region

"Kaleria Mamykina ... exercised her right to freedom of religion under Article 28 of the Constitution of the Russian Federation, and therefore there is no corpus delicti in her actions." Sledkom noted, however, that the woman was "under the destructive influence" of Eugene Yakku.

The decision to dismiss the case against the elderly woman was made on November 27, 2019. Investigator R. Shagarov, after a year of surveillance and 7 months of investigation, came to the conclusion that Mamykina, receiving fellow believers in her house, "had no intention of participating in the activities of a [banned] religious organization." Thus, the investigator concluded that the woman's actions did not constitute a crime under Part 2 of Article 282.2 of the Criminal Code of the Russian Federation.

In accordance with the law, Kaleria Mamykina has the right to rehabilitation, which includes an official apology from the prosecutor, compensation for property and moral damage. If information about the criminal prosecution of a rehabilitated person has been published in the mass media, then at the request of the rehabilitated person, reports on rehabilitation must be disseminated.

Meanwhile, Yevgeny Yakku, who also exercised his constitutional right to freedom of religion, is already charged under three "extremist" articles - organizing activities, participation and involving others in the activities of an extremist organization (part 1 of article 282.2, part 1.1 of article 282.2, part 2 of article 282.2 of the Criminal Code of the Russian Federation).

The case of Yevgeniy Yakku and Kaleria Mamykina is a clear confirmation of how blurred the concept of extremist activity is in the relevant articles of the Criminal Code of the Russian Federation, which makes it unclear where the constitutional right to freedom of religion begins and where it ends. Following the logic of the investigation, it is necessary to stop the criminal prosecution of dozens of other Jehovah's Witnesses, as well as to acquit and rehabilitate those of them who have already been convicted under Part 2 of Article 282.2 of the Criminal Code of the Russian Federation.

Case of Yakku in Arkhangelsk

Case History
The criminal prosecution of Yevgeniy Yakku, an exemplary family man from Arkhangelsk, began in February 2019 - his house was searched, the Investigative Committee opened a criminal case against him. The believer was left without work, his accounts were blocked, cars were arrested. In May, after a year of surveillance of Kaleria Mamykina, a case was opened against her, the “corpus delicti” of which was talking about religion with friends at her home. After 7 months, the charges against her were dropped, in June 2021, without waiting for the restoration of her good name, Kaleria died of covid. Yakku’s case went to court in February 2020. The investigator accused Yevgeniy of allegedly continuing the activities of the LRO of Jehovah’s Witnesses in Arkhangelsk, which was not recognized as extremist. The believer sent complaints to the ECHR, and his wife to the Ministry of Foreign Affairs. The answer confirmed that Jehovah’s Witnesses have the right to practice their religion in groups. Despite this, in July 2021, the court sentenced the believer to a fine of 780,000 rubles. The Court of Appeal and Cassation upheld this decision.
Timeline

Persons in case

Criminal case

Region:
Arkhangelsk Region
Locality:
Arkhangelsk
Suspected of:
according to the investigation he participated in religious services, which is interpreted as participating in and recruiting others into the activity of an “extremist organisation” (with reference to the decision of the Russian Supreme Court on the liquidation of all 396 registered organisations of Jehovah’s Witnesses)
Court case number:
11902110035000009
Initiated:
February 13, 2019
Current case stage:
The verdict entered into force
Investigating:
Investigative Department of the Directorate of the FSB of Russia for Arkhangelsk Region and Nenets Autonomous Area
Articles of Criminal Code of Russian Federation:
282.2 (2), 282.2 (1), 282.2 (1.1)
Court case number:
1-4/2021 (1-249/2020)
Court:
Соломбальский районный суд
Case History