Another Appeal in Birobidzhan Dismissed. Verdict to Anna Lokhvitskaya Entered into Force

On December 16, 2021, the Jewish Autonomous Region Court upheld the sentence to 28-year-old Anna Lokhvitskaya: 2.5 years of suspended sentence. By its decision, the panel of judges chaired by Yelena Pyshkina equated communication of fellow believers with each other with “participation in extremist activities.”

The verdict entered into force. Lokhvitskaya still insists on her innocence. She has the right to file a cassation appeal and apply to international authorities.

Speaking with her last word in the appeal court, the believer drew the court's attention to the fact that the criminal case against her was filled with falsifications and inconsistencies. Thus, the prosecution witnesses, interrogated in the courtroom, were not eyewitnesses of the events imputed to her. In addition, the case of Lokhvitskaya, like other believers from Birobidzhan, is based on the testimony of police officer Yuliya Zvereva, who attended meetings of believers even before the 2017 Supreme Court decision, when they could not be equated with extremism. Zvereva also confirmed before the court that she had not heard any calls to extremism from the defendant.

Addressing the panel of judges, Anna asked the question: “What law abolished the constitutional right of Jehovah's Witnesses to profess their faith in the circle of fellow believers? There is no such law ... The religion of Jehovah's Witnesses is not prohibited. And religious meetings are one of the forms of expression of faith.”

For 1 year and 10 months, Anna was under recognizance agreement. Due to the criminal prosecution, she is deprived of the opportunity to care for her mother. She says: “The status of a criminal and the sentence passed completely limits my ability to help my mother manage household chores, especially in winter. For example, recently she had to hire people to help her around the house and chop wood, although my husband and I used to come to help with this. I am experiencing tremendous suffering from the fact that, having the strength and desire to help my loved one, I am limited in the ability to do so.”

In May 2021, the prosecutor declared before the Birobidzhan District Court that “the correction of Anna Aleksandrovna Lokhvitskaya is impossible without isolation from society,” and requested 4 years in prison for her. On July 20, 2021, Judge Vasilina Bezotecheskikh found Anna guilty, but issued a lighter sentence: 2.5 years of suspended imprisonment, 2 years of probation, and 1 year of restriction of liberty. The Court of Appeal upheld this judgment in full. Anna's spouse Artur and his mother Irina were previously sentenced to the same terms under a similar article of the Criminal Code of the Russian Federation.

The case of Anna Lokhvitskaya is one of 19 criminal cases against Jehovah's Witnesses in the Jewish Autonomous Region. Thirteen believers have already received suspended sentences ranging from 2 to 2.5 years.

As in many similar sentences against Jehovah's Witnesses, the court did not indicate which specific actions or words were illegal and constituted a crime. According to a recent clarification of the Plenum of the Supreme Court of the Russian Federation dated October 21, 2021, such a practice is unacceptable. In this regard, Anna Lokhvitskaya asked a rhetorical question: “If the Supreme Court of the Russian Federation does not restrict me as a Jehovah's Witness in how to practice my faith, then why did the district court of our city allow itself to do this?”