What restrictions do Jehovah's Witnesses persecuted in Russia face?

 RUSSIA 

What restrictions do Jehovah's Witnesses persecuted in Russia face?

August 13, 2024

Review

Unfair criminal prosecution creates many difficulties for believers, which for most remain "behind the scenes". Difficulties often begin even before sentencing and continue after serving the sentence. This article explains what is meant by the various restrictions that are applied to believers most often.

What is detention?

This is the imprisonment of a suspect or accused for up to 48 hours. It does not require a court order and is carried out by the decision of the investigator.

Detainees are placed in a temporary detention facility (IVS), a special lockable cell at the police station. Since these rooms are not designed for long-term stay of people, the conditions in them are harsh. As a rule, they have only a table and sleeping places among the required attributes. Beds can be in the form of benches or multi-tiered.

In the future, if the court sentences a person to real imprisonment, the time of detention in the IVS is counted in time, while one day in the isolation ward is equivalent to 1.5 days in a general regime colony.

Preventive measures

What are preventive measures?

According to the Criminal Procedure Code of the Russian Federation (CPC RF), these are coercive measures taken by an investigator or court to deprive accused (and sometimes suspects) of the opportunity to hide from the investigation, hinder it or continue alleged criminal activity.

Preventive measures are not the same as punishment. Punishment is imposed only by a court verdict and begins to be executed only after the decision comes into force. Up to this point, the preventive measure continues to operate, if it has been chosen.

The Criminal Procedure Code of Russia provides for 8 types of preventive measures. In the cases of Jehovah's Witnesses, the most common:

recognizance not to leave,

prohibition of certain actions,

house arrest,

detention.

When choosing a preventive measure, the investigator and the court are obliged to take into account the identity of the accused: is he dangerous, does he want and can he hide, threaten witnesses, destroy evidence? how is he characterized by his place of work and residence? Does he have a family, a place to live, a job? What is his state of health?

What is a subscription not to leave?

A subscription not to leave and proper behavior (this is its full name) is a written obligation of the accused not to leave a certain locality without the permission of the investigator or the court and to appear on their call in a timely manner. Such a measure can be chosen by both the investigator and the court, depending on the stage of the case.

What is the prohibition of certain actions?

In the case of this measure, the court prohibits the accused from a number of actions, for example, using the Internet or telephone, communicating with certain people, leaving the place of residence at a certain time, and so on (the full list of possible prohibitions is listed in part 6 of Article 105.1 of the Criminal Procedure Code of the Russian Federation). As with the subscription not to leave, he is obliged to appear in a timely manner on the call of the investigator or the court. The Criminal Enforcement Inspectorate may use various means of tracking the accused.

If there is a ban on leaving the house for a certain period of time, the court is obliged to set a period for the application of such a ban, which can then be extended.

What is house arrest?

In the case of house arrest, the court completely isolates the accused from society in a residential building in which he has the right to legally reside. In the vast majority of cases, a person is forbidden to leave the house without the permission of an investigator or a court, even for a short time to make purchases, visit a doctor, and so on. This creates additional difficulties. For example, in the case of Andrei Vlasov, the judge illegally refused to see a doctor several times.

During house arrest, additional restrictions are always imposed, for example, a ban on using means of communication and a ban on communicating with witnesses in a criminal case.

House arrest is imposed for up to two months, after which the court, as a rule, repeatedly extends it. In some cases, believers have been under house arrest for more than a year. If the subsequent court verdict is related to actual imprisonment, the time under house arrest is counted as the term of punishment at the rate of two days of house arrest for one day in the colony. For example, if the accused has been under house arrest for one year before the verdict, then his subsequent stay in the colony will be reduced by six months.

What is detention?

The most severe measure of restraint is that, by court decision, the accused is deprived of liberty and sent to a pre—trial detention center (SIZO). You can read about the terms of detention in Article 109 of the Criminal Procedure Code of the Russian Federation.

If the subsequent verdict of the court is related to actual imprisonment, then the time of detention is counted in the term of punishment at the rate of one day per 1.5 days in a general regime colony.

What is a pre-trial detention center (SIZO)?

In the pre-trial detention center, the accused are kept in cells and live according to a certain schedule; they are fed according to a schedule and taken for a walk. In such places, people can spend many months awaiting trial and stay there during the trial itself. Those who have already been sentenced, which has been appealed and has not yet entered into force, as well as those who are waiting to be transferred to the place of serving their sentence, continue to be in jail.

What is the obligation to appear?

Sometimes the investigator does not choose any preventive measure for the accused, but takes an obligation from him to appear. By signing this document, a person promises to the investigator or judge to appear on their call in a timely manner and immediately inform them about it when changing their place of residence.

Penalties

What is the main and additional punishment?

In most cases, believers are sentenced to two types of punishment: basic and additional. The main punishment may be imprisonment (real or conditional), forced or correctional labor, a fine, and additional — restriction of freedom or prohibition to engage in certain activities. The main and additional penalties are executed sequentially. Only in the case of a suspended sentence are both types of punishment served simultaneously.

For clarity: Alevtina Bagratyan was sentenced to 2 years in prison — this is the main punishment. As an additional one, the court appointed her 3 years of deprivation of the right to engage in activities related to posting materials on the Internet, and 6 months of restriction of freedom.

Additional punishment is important for resolving the issue of early cancellation of a suspended sentence and the countdown of repayment and removal of a criminal record.

What is a fine?

The mildest possible punishment in the cases of Jehovah's Witnesses. At the time of writing this article, the maximum amount of the penalty imposed on believers was 1,100,000 rubles, such fines were received by Alexander Vasichkin and Anatoly Lyamo.

The fine must be paid within 60 days from the date of entry into force of the sentence. At the same time, if the convicted person cannot do this in one payment, the court, at his request, may delay the payment for up to 5 years.

What is probation and probation?

Formally, in this case, probationers are also sentenced to imprisonment, but at the same time, the court does not consider it necessary to isolate them from society. With a suspended sentence, a probation period is always set — from 6 months to 5 years. During this period, the convicted person must "prove his correction" by exemplary behavior.

If, during the probation period, law enforcement agencies consider that the believer has committed any significant violations or a new criminal case has been initiated against him, the court may cancel the suspended sentence and decide on the execution of the previously imposed punishment.

What is forced labor?

In this case, the court appoints imprisonment for the believer, but immediately replaces it with forced labor, since it recognizes that a person can improve without being placed in a colony. The convict is placed in a correctional center similar to a dormitory (it is often located on the territory of the colony), which is forbidden to leave after hours. However, an exit permit may be issued as a reward for "good behavior." In their free time, convicts can use the shared kitchen, watch TV, etc. They work where the bodies of the penal enforcement system determine. 5-20% of their salary is withheld. The exact amount of the deduction is determined in the verdict.

Forced labor is rarely used against Jehovah's Witnesses.

What is imprisonment?

This is the most severe punishment that a court can impose. He is being served in correctional colonies.

As of August 2024, of the 524 Jehovah's Witnesses who were sentenced, more than 32% (172 people) were sentenced to imprisonment. Most of them — more than 65% — received from 5 to 8.5 years. For comparison: according to the official statistics of the Judicial Department at the Supreme Court of Russia for 2023:

Of the 1,297 people convicted of intentionally causing serious harm to health (Part 1 of Article 111 of the Criminal Code of the Russian Federation), only 0.85% (11 people) were sentenced to terms from 5 to 8 years. Most were sentenced to terms from 2 to 3 years.

Of the 1,267 people convicted of illegal drug production and sale (Part 1 of Article 228.1 of the Criminal Code of the Russian Federation), only 1.74% (22 people) were sentenced to terms from 5 to 8 years. Most were sentenced to terms from 3 to 5 years.

It turns out that from the point of view of the Russian judicial system, Jehovah's Witnesses are more dangerous than drug dealers or those who beat people to a state of disability. At the same time, hundreds of trials against Jehovah's Witnesses accused of extremism have not confirmed a single fact of criminal activity on the part of believers.

What is the deprivation of the right to engage in certain activities?

A type of punishment imposed in addition to imprisonment (including probation) or forced labor. Each time, the court itself formulates what kind of activity it is forbidden for believers to engage in.

Most often, courts prohibit believers from engaging in activities related to the leadership and participation in the work of religious public organizations, as well as posting appeals and other materials on information and telecommunications networks, including the Internet.

In the case of a suspended sentence, this type of punishment is carried out in parallel with the main punishment. In other cases, this punishment begins to be executed only after serving the main punishment.

What is a restriction of freedom?

A type of punishment imposed in addition to imprisonment (including probation) or forced labor. Restriction of freedom always includes a ban on traveling outside the locality and changing your place of residence without the consent of the supervisory authorities. At the same time, the convicted person must be regularly checked in at the penal enforcement inspectorate - from 1 to 4 times a month. In addition, the court may prohibit leaving the place of residence at certain times of the day, visiting certain places and mass events.

In case of conditional conviction, the restriction of freedom is executed in parallel with the main punishment. In other cases, the restriction of freedom begins to be enforced only after serving the main sentence.

Conditions of detention of convicts

What is a penal colony?

Correctional colonies are created to isolate convicts from society. They are divided into 4 types: colony settlements, colonies of general, strict and special regimes.

The colony is like a guarded town surrounded by a fence with barbed wire: it has a residential and industrial area (where prisoners go to work), a dining room, a library, a sauna, a club, sometimes a temple or a prayer room, and so on. Prisoners can move between them relatively freely. They live in barracks dormitories, which can hold several dozen people at the same time. Correctional colonies are divided into male and female.

Within the same correctional colony, those sentenced to imprisonment may be in ordinary, light or strict conditions of serving their sentence. The disciplinary commission can change the conditions of detention — in other words, make life easier or more difficult for the prisoner.

The amount of money that can be spent on food and other items in the colony's store, the number of short- and long-term visits, parcels, transfers and parcels depends on the conditions of serving the sentence.

Most of the convicted Jehovah's Witnesses are serving their sentences under normal conditions. This means that 11,800 rubles are available to them monthly (as of August 2024) for the purchase of food and basic necessities, 6 short-term and 4 long-term visits per year, as well as 6 parcels or transfers and 6 parcels per year. When the conditions of detention change, these possibilities change accordingly.

Is a penal colony the same as a prison?

No. Prison is a different type of correctional institution, where convicts have much less freedom of movement. Prisons resemble pre-trial detention facilities in terms of conditions. Prisoners are kept in cells, sometimes alone. There are not many prisons in Russia compared to penal colonies. At the time of publication of this article, only one Jehovah's Witness was imprisoned — Viktor Stashevsky.

What is a punishment cell (SHIZO)?

This is a separate cell-type room within the colony, designed to contain violators of the internal regulations of the institution.

It is not uncommon for those convicted of faith to end up in a detention center simply for "educational purposes" or for violations that they did not commit. For example, Dennis Christensen was sent to a detention center for talking to other prisoners or being without a jacket.

A prisoner in a detention center is severely restricted in his rights: there is no table and benches, you can not sit on a bunk during the day (and sometimes it is impossible to sit at all), dating, telephone conversations, receiving parcels, transfers are prohibited. A daily one-hour walk is allowed.

The maximum period for which, according to the law, you can be imprisoned in a detention center is 15 days. But the law does not determine how many times in a row it is permissible to apply this measure. It is not uncommon for believers to be held in such premises for months. After two terms in isolation for a year, the convicted person may be recognized as a malicious violator. In this case, the conditions of detention may be further tightened for the prisoner. Moreover, it becomes almost impossible to obtain a statutory parole.

What are PCT and EPCT?

A cell—type room (PKT) is a kind of "prison within a prison". Convicts who have been recognized as malicious violators of internal regulations are placed there. They can stay in the PKT for up to 6 months and are employed separately from other prisoners.

The EPCT, a single cell—type room, is a separate institution for the execution of this punishment in the whole region. It differs from a simple PKT in that a whole zone of similar premises is created there, which functions according to its own rules.

Other restrictions

What is the Rosfinmonitoring list?

A list of suspects or accused of extremism and terrorism who are subject to a number of economic restrictions. This list is published by the Federal Financial Monitoring Service. The bank accounts of the citizens included in this list are frozen, for daily needs it is allowed to withdraw only about 10,000 rubles per month for each family member. If a large amount is needed, a person has to go through tedious security checks. Due to restrictions, it is difficult — and sometimes even impossible — to sell or buy real estate and other property, since such a transfer of ownership requires state registration. There are also problems with obtaining state and notary services, etc. People with poor health and pensioners are particularly vulnerable — they may face difficulties paying for medical services and receiving social assistance.

Inclusion in the list is initiated by the investigator or the court. Exclusion from the list occurs only after repayment or early removal of a criminal record, which takes years.

What is an electronic tracking bracelet? When and how is it used?

Electronic bracelets are designed to track the location of those who are serving a sentence of restriction of liberty, are under house arrest or (in some cases) are prohibited from certain actions.

This bracelet is worn on the ankle. It sends a signal to a control device (similar to a landline phone), which is installed in the defendant's home. If a person moves too far away from this device, the system sends a violation signal to the supervisory authority.

Constant life with a bracelet causes significant discomfort. The accused must constantly monitor not only the safety of the bracelet itself, but also the charge level of the control device, as well as the presence of an active signal between them. There are frequent cases of technical failures in the operation of this system. Each such incident entails a trial by the control authorities, who tend to assume by default that it is not a failure, but the person who committed the violation, and therefore should be punished.

What is a criminal record?

In simple words, this is the official status of a citizen as convicted of a certain crime, a kind of "stigma". In practice, for many believers, this means financial restrictions due to being included in the Rosfinmonitoring list, the inability to get a job in some professions, as well as the risk of being declared repeat offenders in case of repeated prosecution for professing faith.

The repayment period of the criminal record (that is, the removal of all restrictions and consequences related to the criminal record) depends on the punishment imposed. In case of a fine — one year from the date of its full payment, in case of a suspended sentence — at the end of the probation period. For those who have served their sentences in a penal colony, the removal of a criminal record occurs 8 years after serving the main and additional sentences.

The convicted person may apply to the court with a request for early removal of the criminal record.

What is administrative supervision?

After release from the colony, administrative supervision is established in relation to believers. From the point of view of the law, this measure is not considered a punishment, but it almost completely coincides with the restriction of freedom. So, the court may prohibit leaving the house at certain hours, visiting certain places, changing residence, and so on.

The enforcement of the imposed restrictions is monitored by the internal affairs body (police) at the place of residence. The court may establish administrative supervision for up to 8 years after release from the colony.