In the photo: Elena Menchikova

Unjust Verdicts

The Court in Cherkessk Sentenced Yelena Menchikova, a Disabled Person of the II Group, to Five Years of Suspended Sentence for Talking About the Bible

Karachay-Cherkessia

On December 16, 2021, Judge of the Cherkesskiy City Court of the Karachay-Cherkess Republic, Din-Islam Chotchaev, found 57-year-old Yelena Menchikova guilty of extremism and sentenced her to 5 years of probation suspended sentence with the payment of all legal costs only for talking about the Bible.

In her last speech, the believer said: “My position in life is based on biblical principles, on high moral standards, where there is no place for extremism, violence or hostility. . . . In fact, I am accused of believing in God, that I remain Jehovah's Witness, that I remain loyal to my God. I am accused of communicating on religious topics with other people, more precisely, with my friends. The prosecution mistakenly calls the usual religious activities of a believer a crime.”

Yelena Menchikova is an architect by profession. For about 30 years she has been a disabled person of the II group. Because of the criminal prosecution, her chronic diseases have worsened and new ones have appeared.

On December 16, 2019, in Cherkessk, the local FSB department conducted 10 searches of Jehovah's Witnesses, including Menchikova. Almost a year later, on November 12, 2020, she was searched again. As the investigator of the FSB of Russia for the Karachay-Cherkess Republic V. A. Drakin told the believer, on November 3, 2020, he initiated a criminal case against her for participating in the activities of an extremist organization. Four months later, in March 2021, he attracted Menchikova under another article of the Criminal Code of the Russian Federation — the believer was charged with the involvement of a local woman in a banned organization. The Menchikova case was separated into a proceeding from the Albert Batchaev case. On December 6, 2021, he was sentenced to 6 years of suspended sentence.

The investigation of Menchikova's case lasted about six months. In the apartment where she lived with her daughter, wiretapping and other technical devices were installed. On April 30, 2021, the case was sent to court. According to the defendant, the case involved an informant who collaborated with law enforcement agencies, gave deliberately false testimony and even presented false material evidence. Although there is not a single victim in the case, the prosecutor asked the court to impose a sentence of 5 years in prison on the believer.

The court found Yelena Menchikova guilty of participating in the activities of an extremist organization and involving other persons in it. The verdict has not entered into force and can be appealed. The believer insists on her complete innocence.

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 rituals and ceremonies do not in themselves constitute a crime under Art. 282.2 of the Criminal Code of the Russian Federation, despite the liquidation of their legal entities.

Case of Menchikova in Cherkessk

Case History
Yelena Menchikova, an architect from Cherkessk, came to the attention of law enforcement agencies in December 2019, when her house was searched for the first time. The criminal case was initiated in November 2020. The FSB accused the believer of participating in the activities of an extremist organization, and then also of involving others in it. According to the investigation, Yelena “developed a criminal plan” to discuss the Bible. In April 2021, the case went to court. Although Yelena has a group II disability, the prosecutor demanded that she be sent to prison for five years. In December 2021, the court sentenced Menchikova to five years suspended and ordered her to pay all legal costs. The appeal released Elena from these payments but left the sentence unchanged. In December 2022, the cassation returned the case to the court for a new trial. In January 2024, the court handed down a second conviction – four and a half years suspended.
Timeline

Persons in case

Criminal case

Region:
Karachay-Cherkessia
Locality:
Cherkessk
Court case number:
12007910001000026
Initiated:
November 3, 2020
Current case stage:
The verdict entered into force
Investigating:
Branch of the Federal Security Service of Russia in the Karachay-Cherkess Republic
Articles of Criminal Code of Russian Federation:
282.2 (2), 282.2 (1.1)
Court case number:
1-279/2023
Court:
Черкесский городской суд Карачаево-Черкесской Республики
Judge:
Науруз Шукуров
Case History