"On Trial — for Faith and Hope for the Future." Appeal in the City of Khabarovsk Upheld the Conviction of Three Women

On July 4, 2023, the Judicial Collegium of the Khabarovsk Regional Court partially granted the prosecutor's appeal against the sentence of Tatyana Svoboda, Elena Nesterova and Tatyana Bondarenko. In addition to the suspended sentence, the court of appeal imposed one year and eight months of restriction of liberty. On July 4, 2023, the Judicial Collegium of the Khabarovsk Regional Court partially granted the prosecutor's appeal regarding the sentence of Tatyana Svoboda, Elena Nesterova, and Tatyana Bondarenko. In addition to the suspended sentence, the court of appeal imposed one year and eight months of restriction of liberty.

The believers still insist on their innocence and have the right to appeal the verdict to cassation court.

The women stated in the appeal that they were convicted as a result of miscarriage of justice "for professing Bible-based beliefs and peacefully practicing their Christian faith as Jehovah's Witnesses." They also noted: “The court of first instance did not take into account that the Supreme Court of the Russian Federation did not ban the religion of Jehovah’s Witnesses, and therefore erroneously ruled that any activity of individuals in connection with the practice of this religion is criminal and should be regarded as a continuation of the activities of the banned organization.”

Throughout the trial, the believers never denied being Jehovah's Witnesses and that they discussed Bible teachings with others. In their final speech, they explained that their goal was the peaceful expression of faith in God. Tatyana Svoboda said: "Only the name of my religion as one of Jehovah's Witness was the reason for the criminal prosecution." Elena Nesterova added: “I don’t understand how a person who tries to live according to God’s standards can be considered a criminal? After all, it is that what helps a person become better and kinder.”

The ruling of the Constitutional Court of the Russian Federation states: “Contained in it [in Article 282 of the Criminal Code of the Russian Federation] the norm is aimed at protecting public relations that guarantee recognition and respect for the dignity of the individual, regardless of any physical or social characteristics, and establishes criminal liability not for any actions, but only for those that are committed with direct intent aimed at inciting hatred or enmity, humiliation of the dignity of a person or a group of persons”. In the case of Tatyana Svoboda and others, the court did not specify what kind of extremist actions the defendants had committed and did not provide evidence that they had the intent to commit a crime.