The last word of the defendant Alexander Serebryakov in Moscow

 RUSSIA 

The last word of the defendant Alexander Serebryakov in Moscow

August 3, 2022

Moscow

From the courtroom

Speaking in court, the believer compared the repressions in the USSR and the persecution of faith in modern Russia: "History repeats itself. Only the term "anti-Soviet activity" was replaced by "extremist activity". And the activity itself has not changed: It's still Bible study and worship."

Transcript of the court session in the Golovinsky District Court of Moscow dated 08/03/2022 in the case 01-0122/2022 on the charges of Serebryakov Alexander Georgievich and others. of committing a crime under Part 1 of Article 282.2 of the Criminal Code of the Russian Federation.

Serebryakov Alexander Georgievich:

Dear Court, Let me begin by thanking you, Sergey Nikolaevich, for trying to get to the bottom of the matter. I have heard a good rumor about you that you are famous for this. You are passing — as some defendants and police officers have said — fair acquittals. Such fame is worth a lot, Your Honor. I don't know if there are many such ambiguous cases in your rich 19-year work experience. "Ambiguous", because on the one hand, the accusation is serious — the resumption of the activities of an extremist organization, and on the other hand, no confirmation of this accusation has been presented. This is understandable, since I did not commit the activity of which I am accused, or anything criminal at all.

I would like to thank the secretary and assistant of the court Irina. It was also very difficult for you at times. There were a lot of terms and expressions in court sessions that you would not understand without special education. And you should have recorded it. Special thanks to you, Irina, that thanks to your kindness and participation, my wife and mother could get permission to meet with me, which I had previously been illegally deprived of because of the investigator.

I want to thank Assistant Prosecutor Anastasia Dmitrievna for trying to figure out this case, my beliefs, my religion. However, as shown by the Doctor of Philosophy, a religious scholar with 37 years of experience, witness E. S. Elbakyan, it is impossible to get acquainted with the doctrine and activities of Jehovah's Witnesses in a few hours. And knowing the workload of the prosecutor's office and you personally, it is not surprising that you have not managed to get to know Jehovah's Witnesses in general, or Yuri Rafikovich and me in particular. Otherwise, you would not have asked the court to find us guilty.

Many thanks to my lawyers. Cooperation with you, Roman Vyacheslavovich and you, Evgenia Dmitrievna, has greatly facilitated and beautified my lot. You are true professionals, and your work deserves the most sincere praise and appreciation.

More than others, I am grateful to my wife, Irina, my mother and friends. Thank you for always coming to the meetings, although you were not always allowed even into the courthouse. Thanks to all my friends. Irochka! For all 15 years of our life together, you have been my support and helper, support and care. Thank you, my love, that even in this difficult period for both of us, you were always there. You didn't give up, you tried not to be discouraged, you became stronger. You have been a blessing and encouragement to me, my parents and friends.

Dear Mother, I know that you love me very much. You have nothing to be ashamed of, because I am not being judged as a thief, murderer, drug addict or other criminal. You gave me a decent upbringing. I am judged for my friendship with God and my desire to please him.

Please forgive me that when I have to be a support for you and take care of you, when you need care and attention more than ever, you have to help and take care of me yourself. Sorry. I love you, darling.

And most of all, I thank Jehovah, the God I worship. He is the main support for me and my family. Thank you for the strength that you and Yuri Rafikovich gave us, for peace in our hearts, for perseverance, patience and a positive attitude. This is entirely his merit. Without him, no one would have survived this period of our lives.

Your Honor, there is one episode in Leo Nikolaevich Tolstoy's immortal work "Resurrection". The main character Nekhludoff discusses with a lawyer, as he put it, an "amazing case": "People in the village were going to read the Gospel, the authorities came and dispersed them. The next Sunday they gathered again, then they called the sergeant, drew up an act and they were put on trial [...] The prosecutor's comrade accused them, there was material evidence on the table — the Gospel, and they were sentenced to exile. It's something terrible."

However, representatives of this state, the FSB and law enforcement agencies, those who should protect us and monitor the observance of our rights and freedoms, grossly violated the rights and freedoms of mine, Yuri Rafikovich and our families.

February 10, 2021 divided our lives into "before" and "after".

"Before" is the free worship of Jehovah God, joint conversations and meetings with friends for Bible study, where one of the main teachings is that the Almighty God Jehovah and his son, Jesus Christ, carried out the redemption of man from sin and death.

Thanks to this event, all sincere people can inherit eternal life in heavenly conditions on earth, where there is no crime, war, evil, disease and even death. In heaven on earth, Jehovah God intends to resurrect billions of people to life. Here on earth, in conditions of peace, love and unity. And this evil world with all its sufferings and vices, Jesus Christ, appointed by Jehovah as the king of God's Kingdom, will eliminate. All Jehovah's Witnesses in the world — millions of people — believe in this.

Careful study of the Bible helped these people to change their sinful thinking and behavior. Among them there were many so-called criminal and antisocial personalities who became law-abiding and worthy members of society. Jehovah's Witnesses all over the world are known for their honesty, including in paying taxes. They are known for their social activities, caring for nature and the environment. They are known for strong families, happy children and caring parents.

It was "before" and what was "after"? "After" — tears, injustice, insults, fear, humiliation of human dignity, prison shackles.

And most importantly, why? For what? For studying the Bible and attending divine services. Doesn't this remind you of the story from the novel "Resurrection"? It was in Tolstoy's time, and the same thing is happening now. It's hard for a normal person to believe, but it's true. People are persecuted for their faith, study of the Biblical commandments and their observance.

The Bible records the words of the Apostle Paul, who prophesied: "Yes, all followers of Christ Jesus who want to faithfully serve God will be persecuted" (second epistle to Timothy, 3rd chapter, 12th verse).

Jehovah's Witnesses have long been tried to exterminate or force them to abandon their beliefs, their faith. It was in Nazi Germany, in the Soviet Union, under various dictatorial regimes. And sometimes such attempts were made in legal, democratic states, but the law prevailed there quite quickly.

Recently, an exhibition dedicated to Jehovah's Witnesses who courageously defended their beliefs during the Nazi era opened in Israel. Until the end of World War II, a large percentage of all prisoners in Nazi concentration camps were Jehovah's Witnesses. They were recognized by the distinctive sign on their robes — purple triangles.

Professor Gideon Greif, a researcher on the Holocaust and the history of Auschwitz, spoke at the opening of this exhibition. Mentioning that Jehovah's Witnesses refused to sign the renunciation of faith, he said: "Jehovah's Witnesses (unlike other prisoners) could easily be released — signing was a matter of minutes. This shows that even in the darkest periods of human history, there were groups of people who adhered to high moral principles not only in words, but also in deeds. They deserve to be known, remembered and talked about."

In 1941, when the Wehrmacht troops attacked the USSR, there was not a single Jehovah's Witness among the attackers. They were ready to die at the hands of the executioners themselves, but not to shoot people, not to support the war, even by making military uniforms or otherwise. For this, thousands of Jehovah's Witnesses were sent to concentration camps, where many died, unable to withstand inhumane conditions and attitudes. Hundreds were executed for refusing to serve in the Nazi army.

The Soviet government responded with ingratitude. Due to the annexation of new territories to the Soviet Union, the number of Jehovah's Witnesses in our country has increased. Many were already in Soviet camps. For what? "Anti—Soviet activity" - that's how they were accused. Jehovah's Witnesses in the USSR did not support the cult of personality, did not work in party structures and military enterprises, as this contradicts the gospel commandments. In 1951, thousands of families of Jehovah's Witnesses from the western regions of the USSR were deported to Siberia and the Far East (the infamous Operation North). Many died in GULAG institutions. Some Jehovah's Witnesses first went through the horrors of the Nazi camps, and then the Soviet ones.

History repeats itself. Only the term "anti-Soviet activity" was replaced by "extremist activity". And the activity itself has not changed: This is still Bible study and joint worship. In Soviet times, if you believe in God, you are a criminal! If you have a Bible or just a few pages from it, you are the enemy. Today, if you don't believe the way most people do, you're a criminal. And the Bible itself has become "extremist material."

Again, the Bible warns: "...all followers of Christ Jesus who want to faithfully serve God will be persecuted." How did these words come true on me?

On February 10, 2021, 11 armed men broke into my wife and me, forced us to lie on the floor undressed, as we were found sleeping and were woken up by loud knocks on the door. An illegal — I emphasize this — illegal search of our home followed. There was no reason for the search. And the confession of faith of Jehovah's Witnesses is not the basis for conducting a search.

What did the FSB and police officers find "criminal" in me? Several notebooks and literature (not on the federal list of extremist materials), in which, as stated in the case file, FSB and law enforcement officers found the phrases "about Jehovah and Jehovah's Witnesses." So, what were the FSB operatives and counter-extremism department employees interested in? References to Jehovah and Jehovah's Witnesses.

I was detained and escorted to the Investigative Committee. What questions did the investigator ask me? Do I read the gospel, do I keep it; is there communion in my faith, forgiveness of sins, and so on. So, what is interesting to the investigator? My religious beliefs.

To sum up, the FSB and the Department for combating Extremism broke into my office early in the morning, conducted an illegal search, seized personal belongings, money, photographs and detained me. Then the investigator arrested me. For what? For believing in Jehovah God, for being a Jehovah's Witness, having religious beliefs and attending worship services. Some of them were recorded in advance by FSB officers. Well, it turns out that way!

All this reminds me of a biblical episode from the life of one of God's faithful servants, the prophet Daniel. This episode is described by Daniel himself in a book bearing his name. So, in the biblical book of Daniel it is reported that envious officials from the Middle Persia tried to eliminate, physically destroy this faithful servant of God. Dignitaries and satraps were looking for a reason to accuse Daniel of mismanaging state affairs. But they could not find anything reprehensible and no grounds for accusation, since he was a reliable person and it was impossible to convict him of negligence or dishonesty. Therefore, these people said, "We cannot accuse this Daniel unless we find something against him in the law of his God" (Daniel, 6th chapter, 4th and 5th verses).

Does it remind us of anything? I have never been brought to criminal or administrative responsibility, I have not used drugs (by the way, I was surprised by the prosecutor's question to religious scholar Elbakyan: "Do Jehovah's Witnesses encourage the use of narcotic substances?" A person cannot be a Jehovah's Witness if he uses narcotic substances, except for painkillers prescribed by a doctor). I also do not abuse alcohol, I have proven myself positively in front of everyone. Then people who do not like Jehovah's Witnesses in general and that I am a believer in particular, in fact said: "So we will look for his God in the law!" And what were you looking for? The same as the prophet Daniel. In the Bible, in the book of Daniel, chapter 6, verses 6 to 9, it is said that these hypocritical and envious officials ask the king, the head of state, to approve the law or decree they have prepared and to prohibit turning to God or any person other than the king. The sanction is practically the death penalty — to throw it into a moat with lions.

Isn't that what the investigator asked me about? Isn't that what the FSB and law enforcement officers were looking for from me: am I turning to some God? Is it the God that some officials allow?

What did Daniel do? Daniel saw that the decree was signed and went to his house. "He continued to kneel three times a day, pray and praise his God, as he had done before" (Daniel, 6th chapter, 10th verse).

What does the materials of the present criminal case say? Serebryakov knew about the decision of the Supreme Court of the Russian Federation and nevertheless did not cease his activities. Just what kind of activity? The Supreme Court of the Russian Federation did not forbid me to believe, worship, and pray to my God. At the same time, Your Honor, on February 10, 2021, the investigator suggested to me, in fact, to stop worshipping God, renounce Jehovah, stop communicating with Jehovah's Witnesses, and therefore renounce my faith and remain free.

The Prophet Daniel is an example for me, so I worshipped God before the court decision and continued after, but I did not violate either the decision of the Supreme Court of the Russian Federation or other regulations and laws of the Russian Federation.

What happened next with Daniel? Those people rushed in a crowd to Daniel and saw that he was praying and begging God for favor. Officials break into the house of this elderly man, and Daniel is arrested. Even the king tried to save him, but could not (Daniel, 6th chapter, 11th and 14th verses). What was he accused of? "Daniel does not take into account either you, king, or the decree that you signed, and prays to his God three times a day" (Daniel, chapter 6, verse 13). So armed officials rushed to me in a crowd and accused me of disobeying the authorities and violating the foundations of the state and security, violating the rights of some people, and engaging in extremism.

How did this story end? When the king himself went to the dungeon with the lions the next morning, as the Bible says, he called Daniel in a plaintive voice and asked: "Daniel, servant of the living God, could your God, whom you always serve, save you from the lions?" Daniel immediately replied to the king: "King, live forever! My God sent an angel to close the mouths of the lions, and they did not harm me, because I was innocent before him, and I did nothing wrong to you, king" (Daniel, chapter 6, verses 20 to 22).

Thus, as a prophet of God in ancient times, I was captured for showing faith, not for extremism. I didn't have and couldn't have anything extremist. This is alien to all Jehovah's Witnesses, and to me in particular.

There are no victims in our criminal case. Moreover, there are simply no dissatisfied people. On the contrary, the victims are only us, Jehovah's Witnesses. Today, actions that fit the concept of "extremism" are applied to Jehovah's Witnesses, me personally and my family.

For several years now, there has been a massive campaign to denigrate, slander peaceful citizens, sow hatred and hostility towards Jehovah's Witnesses. There have been cases of vandalism, beatings, torture, arson of private houses and worship buildings of Jehovah's Witnesses. And now it has resulted in criminal prosecution, including of me and Yuri Rafikovich. I repeat, we are the only victims here. A year and a half behind bars, wives without husbands all this time, children without a father. All this resulted in stress, pain, tears and illness. I wonder who needs all this? Who got better? Who will say "justice has been done"? Who will say "the guilty are punished"? The answers to these questions will remain unanswered. This should not be the case in modern society.

The Constitution of the Russian Federation says that I, my family, our rights and freedoms are the highest value, and that their protection is the duty of the state. Also, the Constitution of the Russian Federation says that religion is my right, that no one has the right to interfere in these areas, and even more so to persecute. According to the Constitution of the Russian Federation, the state guarantees me, a citizen of the Russian Federation, such constitutional rights:

Article 28: Profess any religion individually or jointly with others and freely disseminate their religious views. It is not specified which religion I can profess and which views I can spread.

Part 2 of Article 19: equality of human and civil rights and freedoms. Any form of restriction of citizens' rights based on social, racial, national and linguistic, as well as religious affiliation, is prohibited.

Article 31: Citizens of the Russian Federation have the right to assemble peacefully and hold meetings.

And so, as a citizen of the Russian Federation who professes the religious beliefs of Jehovah's Witnesses, law enforcement agencies and the FSB forbid me to gather with my co-religionists and share my religious beliefs. I am forbidden to exercise my constitutional rights and I am being prosecuted.

Your Honor, the question arises: who is actually undermining the foundations of the constitutional order and violating human rights? Me or those who prosecuted me? It becomes quite obvious that the prosecution, speaking out against Jehovah's Witnesses, is not fighting extremism, but religion, which in itself is an illegal act.

At the same time, the Supreme Court of the Russian Federation did not address the issue of the rights of individuals who adhere to the teachings and profess the religion of Jehovah's Witnesses. The Government of the Russian Federation has repeatedly stated that the decision of the Russian courts to liquidate and ban organizations of Jehovah's Witnesses does not assess the beliefs of Jehovah's Witnesses, does not contain restrictions or a ban on practicing the above-mentioned doctrine individually. Many government and public figures have also drawn attention to this problem. Thus, the Commissioner for Human Rights in the Russian Federation, Tatyana Nikolaevna Moskalkova, mentioning the growing number of criminal cases against believers, stated in her report to the President of the Russian Federation: "These events make us think about the existence of a conflict between the constitutional right to profess one's religion individually or jointly with other signs of extremist activity in Article 282.2 of the Criminal Code of the Russian Federation."

Or back in 2017, Lyudmila Mikhailovna Alekseeva, chairman of the Moscow Helsinki Group and a member of the Presidential Council for the Development of Civil Society and Human Rights (now deceased), noted about Jehovah's Witnesses: "Jehovah's Witnesses are a church that has its branches in many countries. They profess their faith and are not considered extremists anywhere. And here, Jehovah's Witnesses are known as sincere believers. They are very exemplary citizens, working, being honest with their family and their children. Are we really going to get to such a disgrace that not only those generations of Jehovah's Witnesses who were in camps in Soviet times, but also those Russian citizens, exemplary citizens, I say again, working, honest, moral, who live now, will also go to camps?! It would be a shame! A great shame in front of our citizens. And shame on the international level. This is not just another mistake, but, I think, a crime of the Ministry of Justice — to declare this church extremist."

Similar thoughts were expressed by the President of the Russian Federation, prominent Russian public figures, as well as international organizations: the European Union, observers of the Parliamentary Assembly of the Council of Europe, the Working Group on Arbitrary Detention at the United Nations, the Office of the United Nations High Commissioner for Human Rights.

And finally, the recent decision of the ECHR, published on June 7, 2022. From 2010 to 2019, the ECHR received more than 20 collective appeals. A total of 1,014 people submitted them. The court combined them into one complaint, "The local religious organization Taganrog and others."

The ECHR Ruling repeatedly states that the preference for one's own religion, the perception of it as unique and the only truth, is the cornerstone of almost any religious system. "What is important is the absence of expressions aimed at inciting or justifying violence or hatred based on religious intolerance." The ECHR recalled that Jehovah's Witnesses profess the doctrine of nonviolence. "Religious people may be genuinely offended by statements about the superiority of another's religion over their own," says the ECHR. "While such sentiments are understandable, they cannot in themselves restrict freedom of expression, let alone hinder the exercise of religious freedom by others."

According to the ECHR judges, "the definitions of extremism and extremist activity formulated and applied in practice by the Russian authorities do not meet the requirements of legality, since they allow any behavior to be classified as extremist, even if it is devoid of hatred or enmity." The ECHR has highlighted a "fundamental procedural flaw" in Russian legal proceedings: "The courts simply approved the conclusions drawn up by experts selected by the prosecutor's office and the police, and made no attempt to conduct their own legal analysis."

As a result, 6 out of 7 judges recognized the violation of the rights of believers. "The forced dissolution of all religious organizations of Jehovah's Witnesses is a clear sign of the policy of intolerance on the part of the Russian authorities aimed at forcing Jehovah's Witnesses to abandon their faith and prevent others from joining it."

Your Honor, there are two words in the name of my religion: "Witnesses" and "Jehovah's Witnesses". The word "witness" has a legal connotation that you are well aware of. To be a witness is to give evidence, to confirm some facts. Such an unusual name at first glance was given to his servants by the Almighty God. So in the book of the prophet Isaiah in the Bible it says: "You are my witnesses, says Jehovah, so that you may know me, believe in me" (Isaiah, chapter 43, verse 10).

The New Testament theological dictionary gives one of the meanings of the word "witness": "one who testifies to certain truths, that is, openly speaks about his beliefs."

Christians in the second century, at the height of persecution, were called by the Greek word "martis", because they did not stop openly talking about their beliefs under threat of death. Since then, "martis" has been translated as "martyr". As we can see, the martyr is not the one who died a martyr's death, but the one who did not stop testifying under threat of death. I think it has become clearer to you, Your Honor, why Jehovah's Witnesses are called that.

The life position of Jehovah's Witnesses is based on the belief that even under the threat of death, one must continue to testify about God. This is the meaning of my life.

Until I was 18, I lived differently. Until I was 13-14 years old, I was an ideal child and an exemplary student. But when I broke out into the street, I got involved with a bad company. Together with her, I was aggressive and resorted to violence. We stole and showed obvious disrespect to the authorities. There were drug users in my environment, some were substance abusers. The people I thought were friends turned out to be false friends. I didn't see the point in life, and no one could explain to me what it was.

At that time, my older brother became a Jehovah's Witness. He offered me a Bible study. Thanks to him, I changed my sinful and criminal thinking and behavior. I have become a law-abiding and honest person who respects the government and its representatives. He began to study and work, pay taxes. He developed a desire to sympathize with people, help them change their lives, lead a decent life, and strengthen families. I learned how to comfort people.

That's what Jesus Christ said: "You will know the truth, and the truth will set you free" (The Gospel of John, chapter 8, verse 32). The truth liberates, among other things, from erroneous teachings that actually enslave the minds of so many people. For example, lying about what happens to a person after death. Many people believe that after death, the immortal soul continues to live in some kind of world. Why do so many people believe this? Satan is playing on our feelings. He knows how we perceive life. We were created for eternal life and do not want to die. Death is the enemy. This is partly why people who do not know the Biblical truth are greatly influenced by this teaching. And what does the Bible say?

In the book of Ecclesiastes, chapter 9, verses 5 and 6, it is written: "The living know that they will die, but the dead know nothing, and they no longer receive any reward, because their memory has disappeared. Their love, and hatred, and envy have disappeared, and they no longer have a share in anything that is done under the sun."

As can be seen from this, dead people simply disappear, they do not suffer and do not torment others. They don't have feelings anymore. They cannot see, feel, because their love, envy and other feelings have disappeared. This truth has freed many people from the bondage of fear of death and of the fact that the dead can cause harm.

At the same time, Jesus Christ said, "Do not be surprised at this, because the time is coming when all who are in the graves will hear his voice and rise again" (Gospel of John, 5th chapter, verses 28th and 29th). Jesus Christ prophesied about the resurrection of billions of people. "I have ... hope in God, the hope that there will be a resurrection of the righteous and the unrighteous," said the Apostle Paul (Acts of the Apostles, chapter 24, verse 15).

Agree, Your Honor, every person has close, dear people who are now sleeping their death sleep. Perhaps you, Your Honor and dear Anastasia Dmitrievna, have loved ones that you have lost. Those who know and believe this truth are comforted by the fact that they will be able to see their loved ones here on earth again. As you can see, the truth frees you from excessive suffering and mental pain.

In conclusion, I want to say that this trial resembles the winged expression of Kozma Prutkov: "If you read the inscription "Buffalo" on the elephant's cage, do not believe your eyes." The author left the right to choose for the reader to decide for himself what to believe: the inscription or what is in the cage. In my opinion, the court is now facing a similar choice of what to believe: that someone wrote on paper that Yuri Rafikovich and I are criminals, or that the court sees with its own eyes - proof of our purity before the law. I really hope that the court will issue an acquittal.

Your Honor, I understand that you are, of course, thinking about more global issues. Perhaps you are worried about the state and future of the aviation industry in Russia [...] And this case looks so insignificant.

Whatever your decision, I am determined to continue to show love for God and neighbor. You can't take that away from me, that's the only thing I find meaning in.

Summary of the case

Region:

Moscow

Locality:

Moscow

Criminal case number:

12102450011000009

Case initiated:

February 10, 2021

Current stage of the case:

The verdict has entered into force

Investigates:

The department for the investigation of particularly important cases of the SU in the Northern Administrative District of the Main Investigative Department of the IC for the city of Moscow

Articles of the Criminal Code of the Russian Federation:

282.2 (1)

Case number in court:

01-0122/2022

Court:

Golovinsky District Court of Moscow

Judge:

Sergey Bazarov