Svetlana Monis with her husband Alam Aliyev. November 2022

Unjust Verdicts

The Court of Cassation Again Rejected the Appeal Against the Verdict of Svetlana Monis From Birobidzhan. She Will Continue to Serve Her Suspended Sentence

Jewish Autonomous Area

On October 18, 2023, the Ninth Court of Cassation of Vladivostok confirmed the verdict and decision of the appellate instance against Svetlana Monis, 46, — 2.5 years of suspended imprisonment.

This is the second hearing in the Ninth Court of Cassation in Vladivostok. In 2019, Monis was accused of extremism for reading the Bible together with friends, singing religious songs, and saying prayers. The court of first instance imposed a fine. The appeal toughened the sentence, but the court of cassation overturned this decision.

Then the cassation court indicated that the appellate instance should reconsider the case and take into account the the explanations of the Plenum of the Supreme Court of the Russian Federation No. 11, freedom of religion which is the norm in the Constitution of the Russian Federation (Article 28), as well as Note 2 to Article 282.1 of the Criminal Code of the Russian Federation, according to which extremism means, in particular, a crime "committed on the grounds of ... religious hatred or enmity." During the investigation and trial, no evidence of such actions on the part of Svetlana Monis was presented. Also, her activity does not correspond to the concept of extremism described in Article 1 of the Federal Law "On Countering Extremist Activity".

Despite this, a new appeal returned the case to the Birobidzhan District Court of the Jewish Autonomous Region, which sentenced the believer to 2.5 years suspended sentence. A third appeal upheld this decision.

Now 23 Jehovah's Witnesses from the Jewish Autonomous Region have been prosecuted simply for their faith. Four of them, including Svetlana's husband, Alam Aliyev, are serving their sentences in a penal colony.

Case of Monis in Birobidzhan

Case History
In September 2019, a criminal case was initiated against Svetlana Monis, a foreign language teacher. A year earlier, an investigator detained her husband, Alam Aliyev, during a massive FSB special operation in Birobidzhan. Monis, along with other believers, was accused of participating in the activities of an extremist organization. For more than 16 months, the believer was under recognizance not to leave. In February 2021, the court imposed a fine on her. But three months later, the appeal toughened the sentence, imposing a 2.5-year suspended sentence on the believer. In December 2021, the Court of Cassation returned the case to the appellate stage, which, in turn, overturned the verdict and returned the case for a new trial. Its result was a suspended sentence of 2.5 years. In 2023, the third appeal upheld this decision, later the cassation left it unchanged.
Timeline

Persons in case

Criminal case

Region:
Jewish Autonomous Area
Locality:
Birobidzhan
Suspected of:
According to the investigation she “took a direct part ... to disseminate the teachings of Jehovah's Witnesses ... by improving the skills of preaching and other religious activities” (from the decree on bringing as an accused)
Court case number:
11907990001000016
Initiated:
September 26, 2019
Current case stage:
The verdict entered into force
Investigating:
Investigative Department of the Directorate of the FSB of Russia for the Jewish Autonomous Region
Articles of Criminal Code of Russian Federation:
282.2 (2)
Court case number:
1-297/2022
Court:
Биробиджанский районный суд ЕАО
Judge:
Юлия Цыкина
Case History