A Second Appeal in Birobidzhan Upheld the Sentence of the Postnikov Spouses: 4.5 and 5.5 Years of Suspended Term

On October 24, 2023, the court of the Jewish Autonomous Region considered for the second time the complaint of Oleg and Agnessa Postnikov against the conviction for practicing the religion of Jehovah's Witnesses. The verdict was left unchanged: Oleg received 5 and a half years of suspended imprisonment, Agnessa — 4 and a half years suspended with a probationary period of 5 years.

Appealing against the guilty verdict, the believers drew attention to the fact that instead of establishing specific criminal actions and extremist motives, the court of first instance only revealed their religious affiliation, which they did not hide. Oleg Postnikov noted: "The verdict contradicts the Constitution of the Russian Federation, the Criminal Code and the explanations of the Plenum, according to which, after a court decision to liquidate a religious organization, subsequent actions of citizens that are exclusively religious in nature do not constitute a crime." The believers do not admit their guilt and can appeal the verdict in cassation.

This is the second appeal in the case of the Postnikovs. In 2022, the court of first instance sentenced them to 5.5 and 5 years of suspended term, the appeal overturned the verdict and sent the case for a new trial. In the new composition of the court, believers were sentenced to 5.5 and 4.5 years of suspended term.

The criminal prosecution of the Postnikovs began in May 2018. As part of the "Judgment Day" special operation, their house was raided. The charges against the couple were based on the testimony of a police officer and another woman feigning interest in Bible study, in whose house a hidden video camera was installed to record conversations.

According to the ruling of the Supreme Court of the Russian Federation, "the joint performance of rites and ceremonies [of Jehovah's Witnesses] does not in itself constitute a crime under Article 282.2 Part 2 of the Criminal Code of the Russian Federation, despite the liquidation of their legal entities."