The Cassation in the Krasnodar Territory Left One of Jehovah's Witness Aleksandr Nikolaev Behind Bars

 RUSSIA


The Cassation in the Krasnodar Territory Left One of Jehovah's Witness Aleksandr Nikolaev Behind Bars

August 4, 2023 Krasnodar Territory


On July 27, 2023, the Fourth General Jurisdiction Court of Cassation upheld the sentence and appeal ruling against Aleksandr Nikolaev, a resident of Kholmskaya - 2 years and 6 months in prison. At the same time, the court canceled the additional restriction of freedom, which is imposed on the convict after serving the main term.


On December 23, 2021, the Abinsk District Court of the Krasnodar Territory found the believer guilty of participating in the activities of an extremist organization for the peaceful confession of the faith of Jehovah's Witnesses and sentenced him to 2.5 years in prison in a penal colony. The appeal upheld this decision.


In the cassation complaint, the defense drew attention to significant violations of the norms of the Criminal Code and Criminal Procedure Code that influenced the outcome of the case. Thus, no evidence was presented in court that the convict had committed any unlawful acts or that his behavior was of a socially dangerous nature. In addition, there is not a single evidence that, exercising his right to freedom of religion, Aleksandr Nikolaev had the intent to commit a crime or a motive to incite hatred or enmity.


Due to religious persecution, Aleksandr has been separated from his family and has been behind bars since September 2021. His release from the colony is planned for the end of September 2023.


According to Aleksandr, friends and other caring people help him not to lose heart: “Thanks to our difficulties, fellow believers began to write to us from all over the world, sent parcels. One woman from America sent vitamins.”


Russian human rights activists and the world community condemn the persecution of Jehovah's Witnesses in Russia, and the ECtHR recognized criminal prosecution for their faith as unlawful.


Case of Nikolayev in Kholmskaya


Brief history of the case


In April 2021, FSB officers, accompanied by OMON fighters, came with a search to the Nikolaev spouses, the parents of five children, two of whom are adopted. Shortly before this, the Investigative Committee opened a criminal case against Alexander Nikolaev, accusing him of participating in extremist activities for reading the Bible. The believer was placed under house arrest for almost six months. In July 2021, the case went to court. Two months later, the believer was sent to a pre-trial detention center. In December of the same year, the court sentenced the believer to 2.5 years in a penal colony. In October 2022, the regional court approved the verdict, adding a number of restrictions to the punishment. At the time of the entry into force of the verdict, Nikolaev had served more than half of his sentence in a pre-trial detention center. In March 2023, he was placed in a colony. In April 2023, the court denied the believer parole. At the end of July 2023, the cassation instance upheld the verdict, canceling only additional restrictions that would have come into force after the believer left the colony.


Criminal case


Region:

Krasnodar Territory

Locality:

Kholmskaya

What is suspected:

“through information and telecommunication networks ... entered into conversations and religious discussions, participated in a collective discussion of the content of the religious books of Jehovah's Witnesses, including the so-called “Holy Scriptures” (Bibles) ... emphasizing that in these books contains true knowledge about God” (from the judgment of the court)

Case number:

12107030001000016

Initiated:

March 31, 2021

Current stage of the case:

verdict took effect

Investigating:

Investigative Committee of the Investigative Committee of the Russian Federation for the Krasnodar Territory

Articles of the Criminal Code of the Russian Federation:

282.2(2)

Case number in court:

1-195/2021

Court:

Abinsk District Court of the Krasnodar Territory

Judge:

Nikolay Surmach


In the photos: 

2.Alexander Nikolaev spoke in the cassation court via video link from the colony. July 2023.

3. Evgenia, the wife of Alexander Nikolaev, came to Krasnodar to hear the court's decision in her husband's case. July 2023

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