Unjust Verdicts

A Court in Cherkessk Sentenced Albert Batchaev to 6 Years Suspended for His Faith in Jehovah God

Karachay-Cherkessia

On December 6, 2021, Rustam Ataev, judge of the Cherkessk City Court of Karachay-Cherkessia, found Albert Batchaev guilty of extremism - organizing "the performance of songs from a special collection of religious teachings of Jehovah's Witnesses and prayers to Jehovah God" and sentenced him to 6 years suspended.

The verdict has not entered into force and can be appealed. The believer insists on his complete innocence. He emphasized: "These services are an expression of faith in God and the fulfillment of God's standards described in the Bible, which does not contradict the laws of Russia." In his last word, Albert Batchaev said: “I am not an extremist, I do not even understand what the respected prosecution wants to say by this! I am clean, and my conscience is clear before the law, society and the state, because I have not committed the crime of which I am accused, and I never wanted and do not want to harm people, the order established by law and the constitutional order of Russia. "

On December 16, 2019, the local FSB department conducted 12 searches of Jehovah's Witnesses. As a result, Albert Batchaev was detained. The investigation of his case, initiated under Part 1 of Article 282.2 (organization of the activities of a banned organization), was carried out by an FSB investigator, Major of Justice, M. Sapronov. In total, Albert spent 5 days in a detention facility, 3 months in a pre-trial detention center, 15 months under house arrest. In June 2021, the defendant had a daughter. Five days before that, the measure of restraint was changed from house arrest to recognizance not to leave. He was able to work and take care of his wife and 87-year-old father.

There are no victims in the case of Albert Batchaev; during the trial, prosecution witnesses were unable to report which actions or words of the believer were extremist. Also, according to the defense of the believer, inadmissible materials were attached to the case, in particular, a religious examination, which was issued by a specialist without special education. The examination was based on the books by A. L. Dvorkin and A. N. Syrovatkin, known for their openly negative attitude towards the religion of Jehovah's Witnesses. Despite the shaky position of the prosecution, on December 3, the prosecutor asked the court to imprison the believer in a colony for 6 years and restrict his freedom for 2 years.

Due to the stress of the criminal prosecution, Batchaev's chronic diseases worsened, and heart problems began.

The Cherkessk city court is hearing a case against another Jehovah's Witness, 67-year-old Elena Menchikova

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

Case of Batchaev in Cherkessk

Timeline

Persons in case

Criminal case

Region:
Karachay-Cherkessia
Locality:
Cherkessk
Court case number:
11907910001000027
Initiated:
December 11, 2019
Current case stage:
the verdict entered into force
Articles of Criminal Code of Russian Federation:
282.2 (1)
Court case number:
1-139/2021 (1-611/2020)
Court:
Черкесский городской суд КЧР
Judge:
Атаев Рустам Муратович
Case History