Unjust Verdicts

The Court of Cassation in the Krasnodar Territory Left One of Jehovah's Witness Aleksandr Nikolayev Behind Bars

Krasnodar Territory

On July 27, 2023, the Fourth General Jurisdiction Court of Cassation upheld the sentence and appeal ruling against Aleksandr Nikolayev, a resident of Kholmskaya – 2 years and 6 months in a penal colony. However, the court canceled the additional restriction of freedom following the main term imposed on the convict.

On December 23, 2021, the Abinsk District Court of the Krasnodar Territory found the believer guilty of participating in the activity of an extremist organization for peacefully practicing the faith of Jehovah's Witnesses and sentenced him to 2.5 years in a penal colony. The court of appeal upheld this decision.

In the cassation appeal, the defense drew attention to significant violations of the norms of the Criminal and Criminal Procedural Codes which influenced the outcome of the case. Thus, no evidence was presented in court that the convicted person had committed any unlawful acts or that his behavior was of a socially dangerous nature. In addition, there is no evidence whatsoever that Aleksandr Nikolayev had the intent to commit a crime or a motive to incite hatred or enmity, while exercising his right to freedom of religion.

Due to religious persecution, Aleksandr has been separated from his family and has been behind bars since September 2021. His release from the penal colony is planned for the end of September 2023.

Aleksandr Nikolayev participated in the cassation court hearing via videoconference from the penal colony. July 2023
Aleksandr Nikolayev participated in the cassation court hearing via videoconference from the penal colony. July 2023
Evgeniya, Aleksandr Nikolayev's wife, travelled to Krasnodar to hear the court's decision in her husband's case. July 2023
Evgeniya, Aleksandr Nikolayev's wife, travelled to Krasnodar to hear the court's decision in her husband's case. July 2023

According to Aleksandr, friends and other caring people help him to stay positive: “Because of our difficulties, fellow believers began to write to us from all over the world and sent parcels. One woman from America sent vitamins.”

Russian human rights activists and the global community condemn the persecution of Jehovah's Witnesses in Russia, and criminal prosecution for their faith has been recognized as unlawful by the ECHR.

The case of Nikolayev in Kholmskaya

Case History
In April 2021, FSB officers, accompanied by riot police, came to search the home of Nikolayev couple who are the parents of five children, two of whom are adopted. Shortly before this, the Investigative Committee initiated a criminal case against Aleksandr Nikolayev for participation in extremist activities for reading the Bible at a meeting. In July 2021, the case went to trial. Two months later, the believer was sent to a pre-trial detention center, and in December of the same year, the court sentenced the believer to two and a half years in prison. At the time the sentence came into force, Nikolayev had served more than half of his sentence in the detention center. The believer was taken to the penal colony in March 2023 and the next month he asked a court for parole, but was refused. At the end of July 2023, the court of cassation upheld the sentence, lifted the additional restrictions after release. Nikolayev was released from the penal colony in September 2023.
Timeline

Persons in case

Criminal case

Region:
Krasnodar Territory
Locality:
Kholmskaya
Suspected of:
"through information and telecommunication networks ... entered into conversations and religious discussions, participated in collective discussions of the content of religious books "Jehovah's Witnesses", including the so-called "Holy Scripture" (Bible) ... emphasizing that these books contain true knowledge of God" (from the verdict of the court)
Court case number:
12107030001000016
Initiated:
March 31, 2021
Current case stage:
The verdict entered into force
Investigating:
Investigative Directorate of the Investigative Committee of the Russian Federation for the Krasnodar Territory
Articles of Criminal Code of Russian Federation:
282.2 (2)
Court case number:
1-195/2021
Court:
Абинский районный суд Краснодарского края
Judge:
Николай Сурмач
Case History