COURT OF EAO REVIEWS APPEAL OF DETENTION OF PERSON SUSPECTED OF LEADING AN EXTREMIST RELIGIOUS ASSOCIATION
Website of the court of the Jewish autonomous oblast, 25 May 2018
On 17 May 2018, a criminal case was opened on the basis of indicators of the elements of the crime provided in part 1 of article 282.2 of the Criminal Code of the RF—arranging the activity of an extremist organization. A 55-year-old resident of the city of Birobidzhan was arrested on suspicion of committing this crime.
On 18 May, on the basis of a petition from the investigation, the Birobidzhan district court of the Jewish autonomous oblast (EAO) selected for the suspect a measure to insure appearance in the form of detention in custody for one month and 27 days, until 13 July 2018 inclusive.
The petition was justified by the fact that the crime is in the category of serious crimes for which the law provides for punishment in the form of incarceration of from six to ten years. The crime is connected with the planning of the activity of the religious association of the local religious organization of Jehovah's Witnesses in the city of Birobidzhan that has been ruled to be extremist and whose activity is prohibited. The suspect might impede the progress of the criminal case, put pressure on witnesses, and hide from agencies of the investigation and the court.
The suspect and his attorney appealed the ruling of the court of the first instance. They requested to overrule it. In their opinion, the court had not verified the grounds of the participation of the suspect in committing the crime and did not take into account his health or positive characteristics.
In the opinion of the prosecutor, the ruling was legal and logical.
After analyzing the materials of the case and hearing the argument of the parties, the appellate instance overruled the Birobidzhan district court because of the commission of substantive violations of the criminal procedural law regulating the process of selection of the measure for insuring appearance in the form of detention in custody.
The suspect was released from detention in the
courtroom.
(tr. by PDS, posted 25 May 2018)
Background article:
Jehovah's
Witness in Birobidzhan target of criminal case
May 18, 2018
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