RUSSIA RELIGION NEWS


Pandemic creates problems for Jehovah's Witnesses

COURT REFUSES TO MITIGATE MEASURE OF RESTRAINT FOR VOLGOGRAD JEHOVAH'S WITNESSES

Kavkazskii Uzel, 30 May 2020

 

A court in Volgograd extended the measure of restraint for five Jehovah's Witnesses in the form of a prohibition on certain activities. The defense declared that it will appeal the court's decision. Relatives complained about the difficult physical circumstances due to the prosecution of believers and the quarantine due to the coronavirus.

 

As Kavkazskii Uzel has written, the investigation charged with extremism five believers from Volgograd: Valery Rogozin, Sergei Melnik, Igor Egozarian, Viacheslav Osipov, and Denis Peresunko. They were in custody and now the measure of restraint has been mitigated for them to a prohibition on certain activities. The accused themselves do not acknowledge themselves as extremists. They insist that they are not participating in the activity of a legal entity that has been banned by a court, but they are simply professing their own religion as individuals. Relatives, neighbors, and colleagues of the Volgograd Jehovah's Witnesses who do not share their faith doubt the validity of the criminal prosecution and they call the investigation's account of the believers' extremism ludicrous.

 

Court continues restrictions on believers despite call from U.N.O.

 

On 29 May, the Traktorozavod district court of Volgograd made a decision to extend until 9 September the measure of restraint in the form of a prohibition of certain activities for five Jehovah's Witnesses, a worker for the Joint Press Service of Courts for Volgograd oblast told a Kavkazskii Uzel correspondent.

 

He also described how only participants in the trials in masks and gloves were admitted to the sessions. "We are expecting a ruling on self-isolation. If it is extended, then the rules of access to the court will remain as they are," the press service worker noted.

 

A regime of self-isolation is in effect in Volgograd oblast and since 20 May residents of the region are required to wear masks and gloves in public places.

 

The defense insisted on a cancellation of the measure of restraint and a termination of the criminal prosecution, Viacheslav Osipov's lawyer, Roman Levin, told a Kavkazskii Uzel correspondent. "All defendants and all their defense attorneys intend to appeal the ruling that was issued," he said.

 

"A petition was filed, which is related to a decision of a United Nations working group regarding the statements of the defendants. . . . The prosecution has cited a ruling of the Constitutional Court in which, according to one point, the Russian Federation has no obligation to execute the decision of such bodies and the country is required to consider the decision of such bodies only when issuing its judicial decisions while considering criminal cases. This is the basis for the court's refusing to grant our petition," Levin explained.

 

In the petition for cancelling Igor Egozarian's measure of restraint in the form of a prohibition of certain activities, a copy of which Kavkazskii Uzel has at its disposal, it is noted that "one of the bodies of the Organization of United Nations, which facilitates the elimination of the violation of human rights and liberties, is the Working Group on Arbitrary Detention of the U.N.O.'s Council on Human Rights." In his petition, Egozarian cited the legal position of the Russian Constitutional Court, stated in point 4.2 of determination No. 1276-O of 9 June 2015. "The Russian Federation cannot leave without consequences the opinion of the Working Group on Arbitrary Detention in cases where violation of the provisions of the pact has been established. . . . The state is obliged to recognize and to guarantee the rights and liberties of man and citizen in accordance with generally recognized principles and norms of international law," the petition states.

 

In accordance with the decision of the working group, the appropriate response will be the immediate release of the Jehovah's Witnesses with the grant of the right to compensation and redress for damages.

 

It also points out that at the 87th session of the U.N. Council on Human Rights, which was held on 27 April to 1 May, the Working Group on Arbitrary Detention issued an opinion concerning simultaneous statements of 18 persons who profess the religion of the Jehovah's Witnesses. "Conclusions formulated in the present document should be immediately implemented in this criminal case and they attest to the necessity of immediate cancellation of measures of restraint and the termination of criminal prosecution of persons of the aforesaid category," the petition says.

 

Levin explained that the regime of self-isolation does not negate the guarantee of equal access of the parties to the trial, who all were in masks and gloves.

 

Sergei Melnik's wife, Anna, explained for a Kavkazskii Uzel correspondent that after the presentation of the petition with the opinion of the U.N. Working Group on Arbitrary Detention, the court withdrew for 40 minutes to consult, and then it declared a recess. "The prosecutor's office was puzzled and asked for a postponement of one day, but in the end it was postponed for several hours," she said. Anna said that the opinion of the U.N. working group of 24 pages was attached to the petition (Kavkazskii Uzel has a copy of the document).

 

She reported that only the wives of the defendants came to the courthouse today. "Only the defendants and their lawyers were permitted to enter the court and observers were not admitted. We stood outside," Anna explained. At the last session, a petition was filed for postponing the hearings until the end of quarantine measures, but it was rejected, the wife of the defendant noted.

 

Anna said the session of the trial for consideration of the cases on the merits is scheduled for 10.00 a.m. Moscow time on 30 June.

 

Difficulties for families of defendants intensify

 

Anna Melnika also explained that Viacheslav Osipov's mother recently died. She had supported him in court: "She because anxious and felt bad and went to the doctor, but she died on the way."

 

Restrictive measures connected with the criminal prosecution and the coronavirus have put the families of the defendants in a difficult situation. "Now my husband takes only minor jobs. In addition, because of the quarantine we are restricted in our movements. . . . So he is working only in the village," Melnik's wife explained. She said that the families of the defendants are being helped by believers.

 

Valery Rogozin's wife, Marina Rogozina, also reported about the difficult material situation. She said that the organization where her husband worked closed for the period of quarantine and therefore they are living on his pension.

 

Searches in Jehovah's Witnesses' homes have not ceased

 

Courts have changed the tactics of conducting Jehovah's Witnesses' cases because of the coronavirus pandemic, a representative of the European Association of Jehovah's Witnesses, Yaroslav Sivulsky, told a Kavkazskii Uzel correspondent.

 

"Basically, cases brought in court are not being considered on the merits but are postponed for a more favorable time. But another category of cases—on measures of restraint—remain and are being considered in the usual way, in the presence of detainees and their lawyers. There is no possibility for those who support [the defendants] to appear in court," he explained.

 

Sivulsky said that the number of searches in homes of Jehovah's Witnesses has declined, but they are being conducted nevertheless "despite the quarantine and the fact that people are supposed to be in self-isolation." "Families are subjected to risk and danger when a search is conducted during a quarantine. Law enforcement agencies . . . not only are themselves in violation but they are subjecting people to danger, because nobody knows whether they are carriers of the virus. They come to the families where there are children and elderly folk," Sivulsky explained.

 

He noted that from 1 January to 3 April, 19 criminal cases have been opened against Jehovah's Witnesses, and seven guilty verdicts have been issued and there are reports about cruel treatments of Nikolai Kuzichkin and Artem Bagratian.

 

An expert of the Institute of Human Rights, Lev Levinson, noted that this year the number of criminal cases against Jehovah's Witnesses "is essentially unchanged."

 

"If it is impossible to conduct open legal proceedings with the public for sanitary and epidemiological reasons, then they should be postponed. And if people are detained in custody, with the exception of cases of violent crimes against an individual, they should be released and placed under house arrest or given some other measure of restraint. This is a completely obvious situation," he thinks.

 

Proceedings that are of interest to society and the news media should be open, he thinks. "Cases of Jehovah's Witnesses are cases of paramount significance. . . . Postponing them for those who are not being held in custody is the right thing. Waiting until the pandemic ends may take forever. Therefore they should be released; they represent absolutely no danger for society," Levinson declared. (tr. by PDS, posted 1 June 2020)

 

Background article:
Jehovah's Witnesses mount defense in south of Russia
March 14, 2020


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