In the photo: Anastasia Guzeva with her husband on the day of the appeal

Unjust Verdicts

Appeal Court in Birobidzhan Upholds the Verdict for Faith of Anastasiya Guzeva

Jewish Autonomous Area

On December 2, 2021, the Court of the Jewish Autonomous Region, composed of the presiding judge I. P. Zhurova, as well as judges A. V. Sizova and V. G. Shabanov, upheld the sentence of Anastasia Guzeva — 2.5 years suspended for reading the Bible and talking on religious topics.

The believer still insists on her innocence and has the right to appeal against the verdict in cassation procedure, as well as in international instances.

Turning to the appellate panel with the last word, Anastasiya Guzeva noted that in a similar case, a court in Vladivostok had acquitted Dmitriy Barmakin.

On August 19, 2021, the Birobidzhan District Court sentenced peaceful believer Anastasiya Guzeva to 2.5 years of suspended sentence, 2 years of probation and 1 year of restriction of freedom. The court considered that participation in peaceful worship of Jehovah's Witnesses and conversations on biblical topics are a continuation of the activities of the banned organization. The believer appealed against the verdict.

Before the criminal prosecution, Anastasiya, together with her husband Konstantin, who was also convicted on the basis of similar charges, worked at a music school. Upon learning of the Supreme Court's decision regarding Jehovah's Witnesses, the manager, a former police officer, summoned the Guzevs to his office and said: "You are extremists, and extremists have no place in a children's institution." So Anastasiya, together with her husband, faced religious discrimination and lost the opportunity to earn a living. For 1 year and 9 months, the believer has been under recognizance agreement.

Russian human rights experts condemn the application of the extremism law to Jehovah's Witnesses. The Commissioner for Human Rights in the Russian Federation in his report back in 2013 noted: “The problem of imperfection of the so-called “anti-extremist” legislation remains urgent. The vague formulation of the basic concept of  “extremism” in itself becomes even more blurred when the definition of  “religious” is added to it. Even religious scholars cannot yet decide what exactly is considered “religious extremism”. ”

On October 28, 2021, the Plenum of the Supreme Court of the Russian Federation ruled that the divine services of Jehovah's Witnesses, their joint performance of rites and ceremonies, in themselves do not constitute a crime under Art. 282.2 of the Criminal Code of the Russian Federation, despite the liquidation of their legal entities.

Case of Guzeva in Birobidzhan

Case History
In February 2020, Dmitry Yankin, a forensic investigator of the Federal Security Service of Russia for the Jewish Autonomous Region, opened criminal cases for their faith against six women from Birobidzhan at once. One of them was Anastasia Guzeva, whose husband Konstantin had been under investigation since July 2019. The peaceful believer was accused of participating in the activities of an extremist organization only on the basis of religion. In September 2020, closed hearings began in the Birobidzhan District Court under the chairmanship of Judge Vasilina Bezotecheskikh. Prosecution witness Yulia Zvereva, who conducted operational search activities together with the FSB, said that she had not heard any extremist statements from the defendant. On July 23, 2021, the prosecutor requested 4 years of imprisonment and 2 years of restriction of liberty for Anastasia. On August 19, 2021, the court found the believer guilty and sentenced her to 2.5 years of probation, 2 years of probation and 1 year of restriction of freedom. In December 2021, the appeal upheld the verdict.
Timeline

Persons in case

Criminal case

Region:
Jewish Autonomous Area
Locality:
Birobidzhan
Court case number:
12007990001000005
Initiated:
February 6, 2020
Current case stage:
The verdict entered into force
Investigating:
UFSB of Russia in the Jewish Autonomous Region
Articles of Criminal Code of Russian Federation:
282.2 (2)
Court case number:
1-44/2021 (1-462/2020)
Court:
Биробиджанский районный суд ЕАО
Judge:
Василина Безотеческих
Case History