"In the Dock — for Faith and Hope for the Future." Appeal in Khabarovsk Upheld the Conviction of Three Women

 RUSSIA


"In the Dock — for Faith and Hope for the Future." Appeal in Khabarovsk Upheld the Conviction of Three Women

July 4, 2023 Khabarovsk Territory


On July 4, 2023, the Judicial Collegium of the Khabarovsk Regional Court partially granted the prosecutor's appeal against the sentence of Tatyana Svoboda, Elena Nesterova and Tatyana Bondarenko. In addition to the suspended sentence, the court of appeal imposed 1 year and 8 months of restriction of liberty. On July 4, 2023, the Judicial Collegium of the Khabarovsk Regional Court partially granted the prosecutor's appeal regarding the sentence of Tatyana Svoboda, Yelena Nesterova, and Tatyana Bondarenko. In addition to the suspended sentence, the court of appeal imposed 1 year and 8 months of restriction of liberty.


The believers still insist on their innocence and have the right to appeal the verdict on cassation.


The women stated in the appeal that they were convicted as a result of miscarriage of justice "for professing Bible-based beliefs and peacefully practicing their Christian faith as Jehovah's Witnesses." They also noted: “The court of first instance did not take into account that the Supreme Court of the Russian Federation did not ban the religion of Jehovah’s Witnesses, and therefore erroneously ruled that any activity of individuals in connection with the practice of this religion is criminal and should be regarded as a continuation of the activities of the banned organization.”


Throughout the trial, the believers never denied being Jehovah's Witnesses and discussed Bible teachings with others. In their final speech, they explained that their goal was the peaceful expression of faith in God. Tatyana Svoboda said: "Only the name of my religion as one of Jehovah's Witness was the reason for the criminal prosecution." Yelena Nesterova added: “I don’t understand how a person who tries to live according to God’s standards can be considered a criminal? After all, it is they who help a person become better and kinder.”


The ruling of the Constitutional Court of the Russian Federation states: “Contained in it [in Art. 282 of the Criminal Code of the Russian Federation] the norm is aimed at protecting public relations that guarantee recognition and respect for the dignity of the individual, regardless of any physical or social characteristics, and establishes criminal liability not for any actions, but only for those that are committed with direct intent aimed at inciting hatred or enmity, humiliation of the dignity of a person or a group of persons”. In the case of Tatyana Svoboda and others, the court did not specify what kind of extremist actions the convicts had committed and did not provide evidence that they had the intent to commit a crime.


Case of Tatyana's Freedom and others in Komsomolsk-on-Amur


Brief history of the case


In September 2021, the Investigative Committee opened a criminal case on suspicion of participating in extremist activities against peaceful pensioner Tatyana Svoboda. In October 2021, she, as well as Elena Nesterova and Tatyana Bondarenko, were searched. Ten months later, in August 2022, Nesterova and Bondarenko were charged under two parts of Article 282.2 of the Criminal Code of the Russian Federation at once. The case mentions a woman whom believers allegedly persuaded to participate in extremist activities - they read the Bible with her and talked on spiritual topics. In November 2022, the case went to court, and in March of the following year, the women were given 5 years of probation with a probationary period of 2 years. The appeal agreed with this decision, but added 1 year and 8 months of freedom restriction.


Criminal case


Region:

Khabarovsk Territory

Locality:

Komsomolsk-on-Amur

What is suspected:

“incited to participate in the activities of a religious organization ... by persuading and otherwise involving her in the activities of this extremist organization by falsely convincing her of the correctness of its teachings”

Case number:

12102080009000169

Initiated:

September 21, 2021

Current stage of the case:

verdict took effect

Investigating:

SU IC RF for the Khabarovsk Territory and the Jewish Autonomous Region

Articles of the Criminal Code of the Russian Federation:

282.2 (2), 282.2 (1.1)

Case number in court:

1-159/2023 (1-1129/2022)

Court of First Instance:

Central District Court of Komsomolsk-on-Amur

Judge of the Court of First Instance:

Natalya Kazymova


In the photo: Tatyana Svoboda, Tatyana Bondarenko, Yelena Nesterova

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