The last word of the defendant Alexey Eliseev in Snezhnogorsk

 RUSSIA 

The last word of the defendant Alexey Eliseev in Snezhnogorsk

May 15 , 2023

Murmansk region

From the courtroom

The believer gave evidence to the court that his faith is "not a rush of emotions, not blind fanaticism, and even more so not extremism." He explained: "The most important thing is that it does not pose a threat to the state, does not undermine the foundations of the constitutional system, but encourages peace, mutual respect and love for one's neighbor."

Transcript of the court session in the Polar District Court of the Murmansk Region in Snezhnogorsk dated 05/15/2023 in the case 1-2/2023 (1-79/2022) on charges of Eliseev Alexey Nikolaevich and Ilyasova Juno Alekseevna of committing a crime under Part 1 of Article 282.2 of the Criminal Code of the Russian Federation.

Eliseev Alexey Nikolaevich:

Dear Court! So our process is coming to an end. Almost two years have passed since the charges were brought against me. It is difficult to recall many events during this time, but thoughts about upcoming meetings, evidence, and laws were predominant. Probably, as hard as it is for me to perceive legal terms, so it is for you - religious ones. Maybe we were all tired, but we all survived.

Can I call this experience bad for myself? No. Endurance is born in trials. Without wind, you won't know if you built a strong house. And I didn't have to stand alone. My wife also endured these difficulties with me, it's even hard to say who is harder: me or her. But she was and is my companion and support, which does not allow me to doubt my abilities. Thank her so much!

Also, those who support me from court to court, from meeting to meeting, are also very encouraging with their courage and dedication. Such qualities deserve praise!

I want to thank my lawyer Pavel Alexandrovich for providing assistance since the beginning of my arrest for his willingness to help at any time. His kind advice to solve everything as soon as possible helped to approach the meetings consistently, relieved from emotional overstrain and to think everything over for his speeches. Thanks to him!

Your Honor, I would like to thank you for ensuring order at the meetings. I remember your advice not to be a hero with health. It can be seen that you yourself followed this, being in a mask at the trials. But what I remember most of all is how you listened to everyone. You let everyone talk without interrupting. And when I spoke, I felt free to provide my evidence and was able to express my thoughts freely. Thank you very much!

The work of the secretary, though not so noticeable, is no less important. And thanks to the assistant judge for timely notifications about the meetings, for the uninterrupted passage of the defenders, for the respectful attitude to all those present.

I would like to thank the State Prosecutor for his respectful attitude and that he also did not prevent us from expressing his thoughts and evidence…

And now I want to summarize and say a few key thoughts about my accusation. I am accused of committing a deliberate crime against the foundations of the constitutional order and the security of the State. As indicated in paragraph 2 of art . 20 of the International Covenant on Civil and Political Rights, according to which any speech in favor of religious hatred that constitutes incitement to discrimination, hostility or violence must be prohibited by law ... The State guarantees equality of human and civil rights and freedoms regardless of attitude to religion, beliefs, membership in public associations, as well as other circumstances, any form of restriction of citizens' rights on the basis of religious affiliation is prohibited; propaganda or agitation inciting religious hatred and enmity is not allowed, propaganda of religious superiority is prohibited.

Extremism is a very serious crime. The punishment for him is also very serious. Accordingly, the prosecution must be based on solid evidence. As follows from the testimony of A.G. Zelenin, since 2017, the department of the FSB of Russia of the military unit began to conduct operational search activities against the local religious organization of Jehovah's Witnesses "Snezhnogorsk" for the implementation of extremist activities by them.

But what did we see extremist from the testimony of witnesses and case materials?

Firstly, the religious group of Jehovah's Witnesses "Snezhnogorsk" carried out its activities, and not the local religious organization of Jehovah's Witnesses "Snezhnogorsk", which follows from the interrogation of the expert L.S. Astakhova.

Secondly, on the recordings we saw a discussion of religious texts not included in the list of extremist materials, including Bibles, prayers, singing songs, which in itself is not extremism.

Maybe the content has an extremist orientation? No. It follows from the videos that issues of morality, moral behavior, family values, health, future, etc. are being discussed. Nothing specified in paragraph 2 of Article 20 of the International Covenant on Civil and Political Rights of 12/16/1966 has been revealed.

Thirdly, all the testimony of the prosecution witnesses is based only on their personal conclusions, as I, for example, said in my additional testimony on the examination of Astakhova. The testimony is based on unverified and sometimes even false information, for example, about my criminal record for distributing extremist materials, about the headquarters of Jehovah's Witnesses in Brooklyn, that I am a member of the Governing Council of Jehovah's Witnesses, that I am an elder, etc. This is all false information.

Moreover, the investigation has not established a preliminary collusion between me and Juno Ilyasova. There are no telephone conversations and correspondence. I did not give her or anyone any recommendations about the ministry, sermons, as this is a voluntary and purely personal matter.

A search of my home also found no extremist publications, propaganda leaflets, any organizational documents or anything justifying the continuation of the activities of an extremist organization.

Your Honor! Obviously, they are artificially trying to make me an extremist who undermines the foundations of the constitutional system and the security of the state, to put this label on my religion, to discredit me in the eyes of society and the authorities.

But the prosecution itself violated these foundations of the constitutional order! Namely, Article 14 of the Constitution of the Russian Federation: The Russian Federation is a secular state. Religious associations are separated from the State and are equal before the law.

And following from these provisions, the prosecution did not have the right to use representatives of other faiths, in particular representatives of Orthodoxy, as experts and witnesses… Their testimony has a pronounced confessional-accusatory character, expresses the opinion of one religious organization about another, which contradicts the foundations of the constitutional system of the Russian Federation.

As we found out during the interrogation, the witness S.B. Sherfetdinov, being an Orthodox priest, studied at the seminary where he took courses ... and learned about Jehovah's Witnesses. In his testimony, with the permission of the investigation, he publicly calls my religion a destructive sect, a non-Christian denomination, insulting my feelings as a believer and discrediting me in the eyes of the authorities.

As for the expert L. S. Astakhova, her husband is also a representative of Orthodoxy, as my defender found out and pointed out. Accordingly, she is a person interested in my accusation. Moreover, in her expertise she uses the materials of A. L. Dvorkin. Volume 7 contains a comparative religious studies forensic examination, where section 3 provides a link to his book…

In the information and analytical journal "Religion and Law", issue No. 4 of 2010, on p. 29 lawyer, deputy director of the Institute of Religion and Law Inna Zagrebina writes that A. L. Dvorkin is a notorious sectarian, "... not having not only religious studies education, but also any secular education ...". The same journal says that the entire scientific community is against it. It is known from open sources on the Internet that he also graduated in 1983 from the Orthodox Theological Seminary of St. Vladimir and currently works at the Department of Missiology, the Department of General Russian Church History and Canon Law of the Orthodox St. Tikhon's University for the Humanities.

Your Honor, I mention representatives of Orthodoxy not for the purpose of condemning them, but due to the fact that the prosecution involved them as consultants, which violated Article 14 of the Constitution of the Russian Federation and the provisions of Article 282, Chapter 29 of the Criminal Code of the Russian Federation.

I think, Your Honor, you will give this a legal assessment. I want to say that in my opinion, the accusation is based mainly on speculation and misconceptions about my religion. Therefore, I would like, within the framework of the last word provided to me, to answer, in my opinion, two key questions raised by the prosecution, but requiring a first-hand answer.

1. What is the attitude of Jehovah's Witnesses to state power?

2. Do the teachings of the Bible contradict the interests of the state?

1. Witness S.B. Sherfetdinov claims that the negative, that the power in our eyes is God-fighting. To begin with, even L. S. Astakhova admitted that Jehovah's Witnesses base their teachings on the Bible. And it's true. But why? 2 Timothy 3:16 says, "All Scripture [i.e. the Bible] is inspired by God." That is, the author of the Bible is God. People wrote down what Jehovah inspired them to write down. Just like the secretary will write down my text. As in her printed text there will be my thoughts, so in the Bible there will be the thoughts of God. And anyone who wants to act like a Christian learns from Christ, from his words and deeds described in the Bible. And no matter what anyone says, Jehovah's Witnesses are Christians.

So, what is the attitude of Jehovah's Witnesses as Christians to state power?

Consider the teachings of Christ in Mark 12:14-17: "After that, they [the opponents of Christ] sent several Pharisees and supporters of Herod to Jesus to catch him at his word. They came and said to him: "Tell me, is it right to pay the tax to Caesar or not? Should we pay or not pay?" Seeing their hypocrisy, he said, "Why are you testing me? Bring me a denarius." They brought it, and he asked, "Whose image and inscription is this?" They replied: "Caesar." Then Jesus said, "Give Caesar's to Caesar, and God's to God." And they were surprised by his words."

The time of Jesus' ministry (29-33 A.D.) fell during the reign of Tiberius, who became emperor in 14 A.D. Jesus knew how much the Jews hated the taxes that Rome obliged them to pay (it was a poll tax). And if he had said that there was no need to pay, he would have become the instigator of a rebellion against the Roman government. But Jesus was not a political activist. He asked for a denarius. It is noteworthy that the provocateurs were not against having the money of the Roman Empire with them. (A denarius is a fairly large sum weighing 3.85 grams and made up a day's earnings for 12 hours of work).

[…]

Jesus did not mention the name of the ruler, which means that by Caesar he meant the secular authorities, or the state. And this is the general principle of the attitude towards the state. Interestingly, he called for taxes to be paid to the authorities, who soon executed him.

But is the command to give Caesar's to Caesar limited only to taxes? Of course not. Money is not the only thing that the state gives. Romans 13:1, 2, 5-7 says: "Every person must obey the highest authorities, because any authority is from God. The existing authorities occupy the places assigned to them by God"; "Therefore, anyone who opposes the government, rebels against the order established by God, and such a person will incur condemnation"; "Therefore, you pay taxes, because the rulers are God's servants who are constantly engaged in serving for the benefit of people. Give everyone what he is entitled to: to whom tax is tax, to whom duty is duty, to whom respect is respect, to whom honor is honor."

The "supreme authority", or the state, ensures order first of all and, therefore, a Christian needs to obey it. The state also provides the population with the necessary services for the benefit of people and logically expects taxes, duties and, of course, respect for this. The government also takes care of education, medicine, and insurance of its citizens. And many other things, for which he should be given his due.

[…]

Few people know what the second part of Jesus' answer means: "Give… God's to God." What belongs to God? This is my life that he gave me. Yes, he gave people the ability to reproduce offspring. The mind with which I know the world around me and develop. The heart is both literal and symbolic, with which I can love my parents, family, people and God. The forces with which I work, perform service and do many useful things. All this and much more is given to us by God.

And what he gave me, he has the right to expect that it will belong to him and be dedicated to him. And I don't have to give Caesar what rightfully belongs to God. Dear Judge, my ministry, preaching, prayers, singing songs of praise, reading the Bible, communicating with believers — this is what I give to God. I am motivated to do this by faith and my Bible-trained conscience. And it also does not contradict what is legal from the point of view of "Caesar", that is, in my case, the Russian state. Extremism is banned in Russia, not my faith.

So, according to Jesus, something must be given to God and something to Caesar, or the state. With these few words, he baffled his enemies and concisely outlined the balanced position that Christians should have in their relationship with God and in their relationship with the state, which we follow.

2. Do the teachings of the Bible contradict the interests of the state?

This issue is directly related to the accusation of undermining the foundations of the constitutional order. A short story about the appearance of the Bible and its teachings in Russia. In 863 AD, two Greek-speaking brothers, Cyril and Methodius, went to the Slavic population of Europe and Asia. The brothers began to translate the Bible into Old Slavonic. To do this, they came up with a writing system consisting of Hebrew and Greek letters, called Cyrillic (in honor of Cyril). This alphabet became the basis of modern Russian and other written languages. Just imagine, in order for ordinary people to read the Bible, a whole alphabet was invented. And it lies at the heart of our speech, culture, and thinking today.

And as a result, many quotations from the Bible have become firmly embedded in our lives and have become sayings, aphorisms. Here are just a few of them:

"Do not dig another pit, or you will fall into it yourself" (Psalm 7:15).

"What a man sows, he will also reap" (Galatians 6:7).

"Whoever does not work, let him not eat" (2 Thessalonians 3:10). The Bible encourages hard work.

Yes, dear court, we ourselves, without noticing it, quote Scripture, since it is part of our history and culture. Of course, today we say this less and less often, but the principles underlying these quotes still work.

Also, thanks to the Slavs' knowledge of the Bible, the form of God's name Jehovah is firmly rooted in the Russian language. In 1751, the Elizabethan Bible was published in Church Slavonic. On the title page of this edition, the tetragrammaton is prominently depicted — the name of God, indicated by four Hebrew letters (YHVH).

In 1822, the first translation of the Book of Psalms into Russian, made by G. P. Pavsky, was published. The name of God appears in it several times. Another translation of the Bible was performed by Archimandrite Makarii, a Russian Orthodox missionary. In it, the name of God is consistently used wherever it appears in the Hebrew text. The name of God in the form of "Jehovah" is found in the widespread Synodal translation, which appeared in 1876. The same form is used in modern translations of the Bible into Russian, for example, in the Restorative Translation.

Even secular history speaks of the widespread popularity of God's name. In particular, in the book by A.B. Lakier "Russian Heraldry" of 1990, on pages 172,173, it is said about the seal that belonged to Peter the Great. Its image is also given there (Table XVIII, Fig. 6). Her description ends with these words: "With the help of God (Adjuvante Jehova), thick clouds of ignorance are dispersed from the rays of enlightenment." And as the footnote says, "according to oral tradition, this seal was carved by Peter the Great himself. Meanwhile, in the Moscow Armory Chamber, the blankets with which the horses were covered, brought to the sovereign as a gift from Menshikov, were preserved, and the same emblem was embroidered on these blankets as on the seal described."

As you can see, dear court, Jehovah's Witnesses did not invent this name for themselves. Using it is a respectful attitude towards the author of the Bible, Jehovah. As he himself introduced himself in Scripture (Isaiah 42:8): "I am Jehovah. That's my name." And in the next 43rd chapter, verse 10, he says to his servants: "You are my witnesses, says Jehovah." Therefore, the name "Jehovah's Witnesses" was chosen.

[…]

Today in Russia there are a number of national projects and laws enshrined in the Constitution. Some of them reflect biblical teachings, such as family and children. How does it sound in the Bible? Hebrews 13:4: "Everyone should treat marriage with respect and spouses should be faithful to each other, because God will judge everyone who is guilty of sexual immorality, whether they are married or not." The value of the marriage union and the vow is emphasized here.

Ephesians 6:1-4: "Children, obey your parents as the Lord wants, because it is right. "Respect your father and mother" is the first commandment with a promise." Fathers, do not annoy (that is, do not provoke anger) your children, but educate them, instructing and teaching them as Jehovah commands."

Here we see a call for the reverence of parents, concern for the emotional health of children and their upbringing. Jehovah's Witnesses have published many publications and articles based on these and other principles.

Health. The Bible, of course, is not a medical reference book, but its simple principles have proven their effectiveness. And are used by doctors all over the world. Exodus 30:19: "Aaron and his sons will wash their hands and feet with water from this vat."

Hand washing has been the best prevention of many diseases for centuries. And despite its antiquity, it is a very modern measure of protection. During the pandemic, we were especially convinced of this. Also, the principles of quarantine are set out in chapter 13 of the book of Leviticus. In particular, a person was isolated for 7 days in the case of a contagious disease – leprosy.

It is interesting to consider another principle:

"So, dear brothers, since such promises have been made to us, let us purify ourselves from everything that defiles the body and spirit, and, being afraid of God, let us strive for even greater holiness" (2 Corinthians 7:1). Do you know the habits that defile the body? Or the spirit (mindset)? These are all habits that cause addiction and harm health: smoking, drugs, etc. The Bible encourages holiness, that is, to get rid of them. And in general, the Bible encourages you to seek medical help.

Labour. I have already quoted the principle "whoever does not work, let him not eat." But he's not the only one. Ephesians 4:28: "Whoever stole, let him no longer steal, but work hard, honestly earning a living with his own hands, so that there is something to share with those in need."

Diligence and honesty, isn't that what the employer expects from subordinates? The Bible calls us to this. And as a result, we have a good record from work.

I don't want to bypass the topic of extremism. The Bible teaches exactly the opposite. 1 Peter 2:17: "Treat with respect the most diverse people (races, nationalities, believers), love all brothers, fear God, honor the king (state authority).

[…]

As you can see, there is no hint of superiority or humiliation of other people and views. Moreover, we work together with representatives of different faiths, for example, I have both Orthodox and Muslims. Agree, extremist views, if they were, would certainly have manifested in my 15 years in the religion of Jehovah's Witnesses.

So, Your Honor, as you know, and from the materials of the case, including at their religious meetings, Jehovah's Witnesses examine the Bible and publications based on it. As you can see, these teachings carry good intentions. You can be sure that others too. Apparently, this is why the Bible and quotations from it cannot be recognized as extremist. Therefore, the Supreme Court did not consider the teachings of Jehovah's Witnesses and the ways of their expression extremist. The prosecution did not provide evidence of extremism. And the way of life we lead testifies to the opposite — about peaceful religion.

I want to reveal the concept of "faith" and complete my last word. There are different opinions about what faith is. But I was surprised by the Bible's answer at the time. And since many of those present have a law degree, I think it will be close to you. "Faith is a firm conviction that our hope will come true, a clear proof of the existence of that which is invisible" (Hebrews 11:1).

When the Letter to the Jews was being compiled, the Greek expression translated as "firm conviction" was widely known. This term was found in business documents and conveyed the idea of a guarantee for the purchase of something. Therefore, one reference book offered such a translation of Hebrews 11:1: "Faith is a document confirming the ownership of what one hopes for."

If you have ever bought an item in a store and waited for it to be delivered to you, you have shown just such faith. The purchase receipt assured you that you would receive the purchased goods. In a sense, the receipt served as a document confirming your ownership. If you lost it or threw it away, you would lose an important proof. Similarly, if a person believes in God's promises, he gets a guarantee that he will definitely see them fulfilled. On the other hand, those who do not have faith or have lost it will not be able to receive what God promised.

The second expression from Hebrews 11:1, translated as "clear proof," refers to evidence that at first glance contradicts the obvious. For example, it may seem to us that the sun revolves around the Earth. We see that it rises in the east, moves across the firmament and sets in the west. However, according to scientific data, the Earth is not the center of the solar system. Based on the evidence, we accept as a fact that it revolves around the sun, although the eyes convince us otherwise. And this is not blind faith, because it helps to see things as they really are, and not as they just seem.

So, dear court, I really hope that you have received enough convincing evidence that my faith is not an outburst of emotions, not blind fanaticism, and especially not extremism, as the prosecution is trying to portray and convince the opposite. And most importantly, it does not pose a threat to society and the state, does not undermine the foundations of the constitutional order, but encourages peace, mutual respect and love for one's neighbor!

Summary of the case

Region:

Murmansk region

Locality:

Snezhnogorsk

What is suspected:

According to the investigation, "they found technical means and devices connected to the Internet, organized a personal ascension of sermons, discussion of religious literature and its texts"

Criminal case number:

12102470006000036

Initiated:

July 19, 2021

Current stage of the case:

The verdict has entered into force

Investigates:

SU IC of the Russian Federation in the Murmansk region

Articles of the Criminal Code of the Russian Federation:

282.2 (1)

Case number in court:

1-2/2023

Court of First Instance:

Polar District Court of the Murmansk region

Judge of the Court of First instance:

Rosa Bolotskaya