Primorye Territory Court Insignificantly Reduced Harsh Terms of Imprisonment of Jehovah's Witnesses Convicted of Extremism

On May 3, 2023, the Primorye Territory Court reduced the terms of punishment by 2 months for residents of Spassk-Dalniy convicted for their faith. Three believers will go to a penal colony: Dmitriy Malevaniy for 6 years and 10 months, Aleksey Trofimov for 6 years and 4 months and Olga Panyuta for 4 years and 4 months. The suspended sentence for Olga Opaleva will be 4 years and 10 months.

Three months earlier, Pavel Bobrovich, judge of the Spassky District Court of the Primorye Territory, found these believers guilty of extremism for meeting together to discuss the Bible. In their appeal against the verdict, they pointed to significant violations of the RF Constitution and an erroneous approach to the consideration of the case. For example, the court of first instance came to the conclusion that believers did not have the right to worship together, but only individually. This position contradicts the statement of the Plenum of the RF Supreme Court.

To find a person guilty of extremism, the prosecution must establish and prove a motive of hatred or enmity. Neither this nor any other specific extremist actions by the defendants are found in the case materials.

The defendants emphasize that their activity have nothing to do with crime. “Showing hatred, enmity and violence is incompatible with my views. I respect people of other religions and nationalities. They convicted me just for my faith in God, which is a violation of the norms of Russian and international law,” 71-year-old Olga Opaleva said in court.

The convicted persons have the right to appeal the appeal decision in cassation procedure. Dmitriy Malevaniy, 33, Aleksey Trofimov, 64, and Olga Panyuta, 63, remain in custody and are awaiting transfer to a penal colony.

The criminal prosecution of the believers from Spassk-Dalniy began in November 2018. As in many other cases — with searches. Afterwards, the believers were sent to a temporary detention facility, and then placed under house arrest for almost a year. The day before the search, Olga Opaleva suffered a heart attack, and a year later, a stroke.

In total, 51 Jehovah's Witnesses have already faced prosecution for their faith in the Primorye Territory and are defendants in 21 criminal cases. Suspended sentences have already been given to 21 believers, including Vitaliy Ilinykh, the son of Olga Opaleva.

According to the decision of the RF Supreme Court, the letter of the RF Ministry of Foreign Affairs and the decision of the Plenum of the RF Supreme Court, the participation of believers in peaceful worship should not be considered a crime, after the liquidation of legal entities of Jehovah's Witnesses.