Dmitriy Tishchenko, Sergey Korolchuk and Anton Chermnykh outside the courthouse. November 2022

Dmitriy Tishchenko, Sergey Korolchuk and Anton Chermnykh outside the courthouse. November 2022

Dmitriy Tishchenko, Sergey Korolchuk and Anton Chermnykh outside the courthouse. November 2022

Unjust Verdicts

Court in Primorye Refused to Acquit Three Jehovah's Witnesses from Ussuriysk. Verdict Entered Into Force — 6-year Suspended Sentence

Primorye Territory

On May 18, 2023, the Primorye Territory Court refused to grant the appeal of Sergey Korolchuk, Anton Chermnykh and Dmitriy Tishchenko against the guilty verdict that imposed a 6-year suspended sentence. The decision has entered into force, but the believers have the right to appeal it in cassation procedure.

The court considered the following to be evidence of extremist activity: the defendants continued to “follow the teachings” of Jehovah’s Witnesses by participating in meetings for worship, “listening to talks," and “singing religious songs.” As noted in the appeal, these actions are not prohibited by the RF CrC as socially dangerous acts, but are guaranteed by the RF Constitution as fundamental human rights and freedoms.

A friendly meeting of fellow believers in a cafe was construed by law enforcement officers as “actions to organize the recruitment of new members, intended to continue the illegal activity of a banned religious organization.” In 2019, a criminal case was initiated against Korolchuk, Chermnykh and Tishchenko, and searches were conducted. Later, all three defendants signed a recognizance agreement, which was in place for almost 3 years. Rosfinmonitoring blocked their bank accounts.

On November 30, 2022, Dmitriy Babushkin, judge of the Ussuriysk District Court of the Primorye Territory, gave Sergey Korolchuk, Anton Chermnykh, and Dmitriy Tishchenko a 6-year suspended sentence with a 4-year probation period and 1 year restriction of freedom.

In their appeal the believers stated that as a result of a miscarriage of justice, they were convicted merely for peacefully practicing beliefs based on the Bible. They confirmed their intention to defend their innocence. Dmitriy Tishchenko observed: “Neither the investigator nor the public prosecutor said what harm or damage I caused to the State or which of my words or deeds incited hatred between people. Not a single person has ever come to court to claim that they have been harmed by my actions.” Sergey Korolchuk explained: “The only motive for all my actions was love for God and neighbor. This has nothing to do with extremism, which I am being charged with.” Anton Chermnykh emphasized: “In Russia you don't need permission to believe in God!”

In Primorye, 57 of Jehovah's Witnesses have been prosecuted for their faith, of which 25 have already been sentenced to various punishments, and 16 are defending their right to worship in court. Fourteen believers are serving suspended sentences.

The court in the city of Ussuriysk ignored the clarification of the Plenum of the Supreme Court of the Russian Federation, which emphasized that the liquidation of legal entities of Jehovah's Witnesses does not impose a ban on their worship.

The Case of Korolchuk in Ussuriysk

Case History
In June 2019 in the city of Ussuriysk, searches were conducted in the homes of peaceful citizens Sergey Korolchuk and Dmitriy Tishchenko. The searches were based on the criminal case under Article 282.2(1) of the RF CrC initiated by E. Marvanyuk, investigator of the Investigative Committee of the Russian Federation for the Primorye Territory. The third defendant was Anton Chermnykh, father of a young child. The case was based on the testimony of FSB officer K. Rusakov, who for about a year followed the believers and listened in on Tishchenko’s telephone conversations. In the opinion of the investigation, by meeting friends in a cafe to discuss the Bible, the men committed “a crime against the foundations of the constitutional order and the security of the State.” The believers were under recognizance agreement for almost 3 years. In September 2020 Judge Dmitriy Babushkin began considering the case in the Ussuriyskiy District Court. The defense emphasized that the key witness gave false testimony, and expert Oleshkevich made a biased and incompetent conclusion. On November 30, 2022, the judge found the believers guilty and gave them a 6-year suspended sentence, and in May 2023 the court of appeal upheld this decision.
Timeline

Persons in case

Criminal case

Region:
Primorye Territory
Locality:
Ussuriysk
Suspected of:
According to the investigation he “took steps to organize the recruitment of new members aimed at continuing the illegal activity of the banned religious organization ‘Administrative Center of Jehovah's Witnesses in Russia’” (with reference to the decision of the RF Supreme Court on the liquidation of the religious organization “Administrative Center of Jehovah's Witnesses in Russia” and its structural divisions)
Court case number:
11902050012000027
Initiated:
June 18, 2019
Current case stage:
the verdict entered into force
Investigating:
Investigative Department for the city of Ussuriysk of the Investigative Directorate of the Investigative Committee of the Russian Federation for the Primorye Territory
Articles of Criminal Code of Russian Federation:
282.2 (1)
Court case number:
1-9/2022 (1-57/2021; 1-659/2020)
Court:
Ussuriyskiy District Court, Primorye Territory
Judge:
Dmitriy Babushkin
Case History
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