An appeal in Kemerovo left the sentence of Yuri Chernykh unchanged. Jehovah's Witness sentenced to forced labor

 RUSSIA

An appeal in Kemerovo left the sentence of Yuri Chernykh unchanged. Jehovah's Witness sentenced to forced labor

December 1, 2023 Kemerovo Region

On November 28, 2023, the panel of judges of the Kemerovo Regional Court, chaired by Elena Fedusova, upheld the sentence of Yuri Chernykh from the city of Prokopyevsk. The believer will have to serve a sentence of 3 years of forced labor.

This punishment was handed down to the father of a minor child in September 2023 by trial judge Alena Novoselova. The believer did not agree with the verdict and challenged it in a higher authority. In his appeal, he stated: “All my actions were completely peaceful. The prosecution did not allege that I incited violence or religious hatred and enmity. I did not do anything that would indicate the continuation of the activities of any extremist organization. “My fellow believers and I, on the basis of Article 28 of the Constitution of the Russian Federation, had every right to meet to discuss the Bible and communicate, which in no way depends on the existence of any religious organization.”

A believer has the right to appeal a court decision in cassation.

Chernykh has been defending the right to practice his religion for more than two years. Before this, Yuri was a witness in the case of his co-religionist Andrei Vlasov , a group II disabled person who is serving time in a colony. Yuri's wife Elena was also subject to criminal prosecution; her case is now being considered by the court of first instance.

According to the statement of the Government of the Russian Federation dated March 23, 2018, “the decision of the Supreme Court... and the appeal ruling of the Board of Appeal... do not assess the religious teachings of Jehovah’s Witnesses and do not contain restrictions or prohibitions on individually professing the above teachings.” Despite this, more and more believers are facing criminal prosecution for private religious practice. Often, as in the case of Yuri and Elena Chernykh, extremism is accused first of one Jehovah's Witness, and then of one of his family members.

The Cherny case in Prokopyevsk

Brief history of the case

In November 2021, the Investigative Committee brought Yuri Chernykh as a defendant in the case of participation in the activities of an extremist organization. Previously, the believer was interrogated as a witness in the case against another Jehovah’s Witness from Prokopyevsk, Andrei Vlasov. Chernykh, the father of a minor child, was searched twice, an obligation to appear was taken from him, and later he was given an undertaking not to leave the place. In June 2022, the case went to trial. And in September 2023, the court found Yuri Chernykh guilty and sentenced him to 3 years of forced labor with a deduction of 15% of wages in favor of the state and 2.5 years of a ban on public activities. In November 2023, an appeal confirmed the believer's sentence.

Criminal case

Region:

Kemerovo Region

Locality:

Prokopyevsk

Criminal case number:

12102320012000120

Initiated:

November 5, 2021

Current stage of the case:

trial in appellate court

Investigates:

Investigative Department for the city of Prokopyevsk, Investigative Directorate of the Russian Federation for the Kemerovo Region - Kuzbass

Articles of the Criminal Code of the Russian Federation:

282.2 (2)

Court case number:

1-22/2023 (1-209/2022)

Court of First Instance:

Central District Court of Prokopyevsk, Kemerovo Region

Judge of the trial court:

Alena Novoselova