The last word of the defendant Ivan Tchaikovsky in Moscow

 RUSSIA 

The last word of the defendant Ivan Tchaikovsky in Moscow

March 27, 2023

Moscow

From the courtroom

In his speech in court, the believer clearly showed that the Supreme Court did not prohibit the religion of Jehovah's Witnesses, and at the same time did not deprive believers of the right to gather together to profess their religion.

Transcript of the court session in the Babushkinsky District Court dated 03/27/2023 in the case 1-3/2023 (1-237/2022) in the Tchaikovsky Court case Stadanovich in custody, pre-trial detention, part 1 of Article 282.2 of the Criminal Code of the Russian Federation. 

Tchaikovsky Ivan Stepanovich:

Your Honor, Evgenia Dmitrievna, I want to thank you for the time you have spent understanding this difficult matter from all sides. It's really not easy for you to listen carefully to all the participants in the process and analyze it all — this is a large amount of information. Thank you also for your understanding of our circumstances, for allowing us to visit doctors.

Thanks to Court Secretary Ramila and Assistant Judge Lera for their respectful and good attitude towards us, for answering our questions and helping us with various petitions. I would like to thank Prosecutor Galina for her attention and friendly attitude towards us and the participants in the process.

Thanks to the lawyers. They are always ready to protect us, although it is an unusual process for them to protect not the offenders, but, in fact, our constitutional right to believe in God. Thanks to the guards and bailiffs for their normal attitude towards us. They remembered us and began to recognize us by our smile.

I am grateful to my family and friends who supported me. Thanks to my brothers and sisters, as well as to everyone who regularly came to court sessions to support us. I also thank my God Jehovah for giving me strength and strengthening my faith, for which I am judged.

You know, there are very interesting words in the Bible stories: "Everyone who wants to live happily in Christ Jesus will be persecuted" (2 Timothy 3:12). Here he talks about people who want to live in harmony with those whom Christ taught. And now, unfortunately, this is happening. We're all being accused of something we didn't do. I am a Christian and have been participating in watching performances since 1977, and today I listen carefully for my faith, to look directly into God, because I want to live in a relationship with what is written in the Bibles.

History repeats itself, there is nothing new. Back in the first century, Christians were accused of crimes against the state. And since then, the charges have been officially built under the guise of legality, and even behind-the-scenes explanations of persecution have been put forward. In the United States, Jehovah's Witnesses were persecuted for not showing loyalty to America. In Nazi Germany, Hitler promised to eradicate Jehovah's Witnesses because they did not support his policies, refused to serve in the army and did not shout the Nazi salute. The Nazis explained the persecution by the fact that Jehovah's Witnesses allegedly collaborated with the USSR, and called them a Jewish-communist organization. In Romania, you can find newspapers that claim that Jehovah's Witnesses are a Russian sect. In the USSR itself, they were called an American sect and accused of anti—Soviet activities, and now in Russia they are accused of extremism. All these contradictions prove one thing: both in the past and now, my co-believers and I personally are being accused unfounded.

Your Honor, we have been studying the case materials together for more than a year, and I want to draw your attention to the fact that there are no specific facts and evidence of my guilt in the materials. All charges are formulated using the phrases "in an unidentified place", "during a period of time not determined by the investigation", "under circumstances not determined by the investigation", "the exact date and time have not been established", "other unidentified persons". Such formulations, without specific data, are just assumptions, not accusations.

And the three expert opinions available in the case file contain the following conclusions:

1 " "In analytical conversations, Tchaikovsky's son I. S. answers."

2. "The submitted materials do not contain and express themselves as accurately as possible and the psychological signs of the impact of boys and I. S. on third parties, I learned to spread information (propaganda) Verona I visited the house among third parties in order to their volcano (Slovenia, verb conjugated) in the participants (members, can I see) of the religious association, I visited the house."

3 " " In the speeches of Tchaikovsky I. S., the legality and psychological requirements of the applicants for exclusivity and compliance with follow-up of actions to remove other participants to follow-up are not respected."

As you can see, the examinations conducted by appointment of the investigator do not confirm the charge against me. I have already talked about this during interrogations and outlined all my arguments in written notes that I handed over to the court. Therefore, I will not repeat myself.

Your Honor, Russia is a democratic state, and the Constitution of the Russian Federation is the supreme law of the country, and all citizens must comply with the law. But the consequence was initially included in Article 28 of the Constitution of the Russian Federation, which states that everyone is guaranteed freedom at all costs, freedom you are good, including the right to individually or jointly with others any religion or can not have any, freely choose, have and I represented religious and other obedience and act in accordance with them.

The following confirms that the Observer's activity has been suspended and should be considered by the Supreme Court of the Russian Federation on April 20, 2017. However, it says: "To liquidate the Religious Organization "The Management Center of Jehovah's Witnesses in Russia" and the local religious organizations included in its structure." Thus, only legal entities have been liquidated and the Medvedkovo Assembly group is not on the list — only local religious organizations are there. The decision of the Supreme Court of the Russian Federation does not assess the beliefs of Jehovah's Witnesses, does not contain restrictions or prohibitions on professing this doctrine. This court did not ban the religion of Jehovah's Witnesses and did not ban religious groups, that is, gatherings.

On May 10, 2018, presenting its speech at a meeting of the Post-Soviet space in Vienna (rejection report), the Board of the RFU drew up the fact that, despite the ban of the regulatory center, it shows the results and 395 local regional organizations behind the implementation, which check the ability to freely collect channels of faith. 

[…]

This think tank presented the Verdict of the Supreme Court of the Russian Federation to Vyacheslav Lebedev at a court hearing on February 9, 2022: "Actions that do not restrain the signs of research and components, including the implementation of property rights and its conduct, including within the framework of the agreement on the reintegration of legal entities, order and order, do not pay attention to termination." Therefore, the Supreme Court of the Russian Federation did not prohibit gathering together in order to exercise the right to profess the religion of Jehovah's Witnesses.

The investigation also... does not see the difference between a local religious organization and a religious group. In accordance with the Federal Law "On Freedom of Conscience and on Religious Associations", a religious group is a voluntary association of citizens formed for the purpose of joint confession and dissemination of faith, carrying out activities without state registration (our italics, ed.) and acquiring the legal capacity of a legal entity. Such a group is carrying out a fundraiser, which was organized in 2002.

A religious organization in accordance with the same law is a voluntary association of citizens of the Russian Federation ... formed for the purpose of joint confession and dissemination of faith and registered as a legal entity in accordance with the procedure established by law.

As you can see, these are two different concepts. Firstly, the religious organization "The Management Center of Jehovah's Witnesses in Russia" and the local religious organizations included in its structure are, from the point of view of the law, religious organizations. Secondly, from the point of view of the law, the Medvedkovo assembly is a religious group. […]

The Doctor's Meeting has never been a hole in the structure of the Religious Organization "The Prevalence Center I visited the house in Russia" and I am not a religious organization and never Boston on and not a self-organization, but a mobile phone in accordance with Article 28 of the Constitution of the Russian Federation and is a religious group in accordance with Federal Law 125-FZ "About the wedding at all costs and about religious obedience." Thus, for the worship of God, legal entities are not needed and there is no need to create or renew them.

Your Honor! I am accused of organizing the activities of the Jehovah's Witnesses NGO in Moscow, which is part of the religious organization "Management Center of Jehovah's Witnesses in Russia". But I have never organized this activity, because the Medvedkovo assembly is not an MPO of the religious organization "Management Center of Jehovah's Witnesses in Russia" and has never been a part of it.

The case materials confirmed that completely different people participated in the Medvedkovo meeting and in the Jehovah's Witnesses MRO in Moscow. And these religious associations have nothing in common except religion: property is different, places of worship are different, dates of commencement of activities are different, structures are different.

The case materials also do not contain evidence of my illegal actions — the investigation did not provide them… All expert opinions confirm my innocence and indicate that I have not resumed any activity of a religious organization.

[…]

This idea was emphasized by Chairman of the Supreme Court of the Russian Federation Vyacheslav Lebedev at a meeting of judges on February 9, 2022: "Actions that do not contain signs of extremism and consist solely in the exercise of the right of conscience and freedom of religion, including through religious rites and ceremonies, do not constitute a crime." Therefore, the Supreme Court of the Russian Federation did not prohibit gathering together in order to exercise the right to profess the religion of Jehovah's Witnesses.

The investigation also... does not see the difference between a local religious organization and a religious group. In accordance with the Federal Law "On Freedom of Conscience and on Religious Associations", a religious group is a voluntary association of citizens formed for the purpose of joint confession and dissemination of faith, carrying out activities without state registration (our italics, ed.) and acquiring the legal capacity of a legal entity. Such a group is the Medvedkovo assembly, which was formed in 2002.

A religious organization in accordance with the same law is a voluntary association of citizens of the Russian Federation ... formed for the purpose of joint confession and dissemination of faith and registered as a legal entity in accordance with the procedure established by law.

As you can see, these are two different concepts. Firstly, the religious organization "The Management Center of Jehovah's Witnesses in Russia" and the local religious organizations included in its structure are, from the point of view of the law, religious organizations. Secondly, from the point of view of the law, the Medvedkovo assembly is a religious group. […]

The Medvedkovo Assembly has never been part of the structure of the Religious Organization "Management Center of Jehovah's Witnesses in Russia" and is not a local religious organization and has never resumed or continued the activities of a banned organization, but acted in accordance with Article 28 of the Constitution of the Russian Federation and is a religious group in accordance with Federal Law 125-FZ "On Freedom of Conscience and about religious associations." Thus, for the worship of God, legal entities are not needed and there is no need to create or renew them.

Your Honor! I am accused of organizing the activities of the Jehovah's Witnesses NGO in Moscow, which is part of the religious organization "Management Center of Jehovah's Witnesses in Russia". But I have never organized this activity, because the Medvedkovo assembly is not an MPO of the religious organization "Management Center of Jehovah's Witnesses in Russia" and has never been a part of it.

The case materials confirmed that completely different people participated in the Medvedkovo meeting and in the Jehovah's Witnesses MRO in Moscow. And these religious associations have nothing in common except religion: property is different, places of worship are different, dates of commencement of activities are different, structures are different.

The case materials also do not contain evidence of my illegal actions — the investigation did not provide them… All expert opinions confirm my innocence and indicate that I have not resumed any activity of a religious organization.

[…]

I also want to say that I have four children, each of whom I have given higher education, and already six grandchildren. I am a pensioner and a veteran of labor. I have numerous thanks for my conscientious attitude to work, I have never been brought to administrative or criminal responsibility before, I have no criminal record, and I also have positive characteristics. This is exactly what was established in the case on the basis of evidence, if we talk about specific facts about me. But for this, in my opinion, a person deserves only praise, not condemnation.

Based on the above, I do not recognize myself guilty of committing the crime provided for in part 1 of Article 282.2 of the Criminal Code of the Russian Federation, because I did not carry out any activities of the religious organization "Management Center of Jehovah's Witnesses in Russia" and local religious organizations included in its structure and I did not enter into any collusion with other defendants.

Dear Court, neither I nor my friends have violated the law or committed any illegal actions, including extremist ones. Please, Your Honor, a full excuse!

Summary of the case

Region:

Moscow

Locality:

Moscow

Criminal case number:

12002450046000077

Initiated:

November 24, 2020

Current stage of the case:

The appeal

Is investigating:

GSU IC for Moscow

Articles of the Criminal Code of the Russian Federation:

282.2 (1), 282.2 (1.1)

Case number in court:

01-0003/2023 (01-0237/2022)

Court:

Babushkinsky District Court of Moscow

Judge:

Evgenia Babinova