RUSSIA A Second Appeal in Birobidzhan Upheld the Sentence of the Postnikov Spouses: 4.5 and 5.5 Years of Suspended Term October 24, 2023 Jewish Autonomous Region 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." The Postnikov case in Birobidzhan Brief history of the case In May 2018, an FSB special operation was carried out in Birobidzhan with the participation of 150 security officials, codenamed “Judgment Day.” As a result, at least 20 Jehovah's Witnesses became victims of criminal prosecution. Among them were Oleg and Agnessa Postnikov. The FSB accused the couple of involvement in an extremist organization and participation in its activities. Since February 2020, Oleg, and since March 2021, Agnessa, have been under recognizance not to leave. Three months later the case went to court. The accusation against the believers was based on the testimony of police officer Zvereva and another resident of Birobidzhan, who feigned interest in the Bible, as well as hidden video recordings of their conversations. In April 2022, the court found the Postnikovs guilty and sentenced Oleg and Agnessa to 5.5 and 5 years probation, respectively. The appeal overturned this decision and in October 2022 returned the case for a new trial, which resulted in the believers being sentenced to 5.5 and 4.5 years of probation. A second appeal upheld this verdict. Criminal case Region: Jewish Autonomous Region Locality: Birobidzhan What is suspected: According to investigators, “he took an active part in holding religious events for the study and dissemination of... ideology” Criminal case number: 12007990001000009 Initiated: February 12, 2020 Current stage of the case: Verdict took effect Investigates: Investigative Department of the Federal Security Service of Russia for the Jewish Autonomous Region Articles of the Criminal Code of the Russian Federation: 282.2 (2), 282.2 (1.1) Court case number: 1-39/2023 (1-718/2022) Court: Birobidzhansky District Court of the Jewish Autonomous Region Judge of the trial court: Olga Klyuchikova In the photo: Oleg and Agnessa Postnikov in front of the courthouse.

 RUSSIA

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

October 24, 2023 Jewish Autonomous Region

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."

The Postnikov case in Birobidzhan

Brief history of the case

In May 2018, an FSB special operation was carried out in Birobidzhan with the participation of 150 security officials, codenamed “Judgment Day.” As a result, at least 20 Jehovah's Witnesses became victims of criminal prosecution. Among them were Oleg and Agnessa Postnikov. The FSB accused the couple of involvement in an extremist organization and participation in its activities. Since February 2020, Oleg, and since March 2021, Agnessa, have been under recognizance not to leave. Three months later the case went to court. The accusation against the believers was based on the testimony of police officer Zvereva and another resident of Birobidzhan, who feigned interest in the Bible, as well as hidden video recordings of their conversations. In April 2022, the court found the Postnikovs guilty and sentenced Oleg and Agnessa to 5.5 and 5 years probation, respectively. The appeal overturned this decision and in October 2022 returned the case for a new trial, which resulted in the believers being sentenced to 5.5 and 4.5 years of probation. A second appeal upheld this verdict.

Criminal case

Region:

Jewish Autonomous Region

Locality:

Birobidzhan

What is suspected:

According to investigators, “he took an active part in holding religious events for the study and dissemination of... ideology”

Criminal case number:

12007990001000009

Initiated:

February 12, 2020

Current stage of the case:

Verdict took effect

Investigates:

Investigative Department of the Federal Security Service of Russia for the Jewish Autonomous Region

Articles of the Criminal Code of the Russian Federation:

282.2 (2), 282.2 (1.1)

Court case number:

1-39/2023 (1-718/2022)

Court:

Birobidzhansky District Court of the Jewish Autonomous Region

Judge of the trial court:

Olga Klyuchikova

In the photo: Oleg and Agnessa Postnikov in front of the courthouse.