A 66-year-old Jehovah's Witness has already been given nearly two years in pre-trial detention. From the mists of this controversial judicial case now comes to light an outrageous detail that confirms the worst hypotheses feared by the defenders of religious freedom: the Vice President of the French FECRIS (Fédération Européenne des Centres de Recherche et d'Information sur le Sectarisme, i.e. the European Federation of Research and Information Centres on Sectarism), Alexander Dvorkin, a former Orthodox priest, would be an adviser to the prosecution. It seems that the persecution of Jehovah's Witnesses in Russia is instigated by the "anti sects"
The Novosibirsk court is deciding the fate of the 66-year-old believer Yuriy Savelyev
Source: https://jw-russia.org
October 16, 2020, Novosibirsk Region — Judge Yekaterina Kashyna chose not to release the believer from pre-trial detention center despite the pandemic or the cassation court's decision on the illegality of his further detention. Court hearings include the testimony of an Orthodox sectologist. And because of a secret witness, the believer even filed a recusal against the judge.
Investigators accused Saveliev of organizing extremist activities. The believer insists on his innocence, stating that he just practiced his religion. How are the hearings in the Leninskiy District Court of Novosibirsk going?
Secret witness and challenge to the judge. The main evidence against the believer is the testimony of the witness under the pseudonym "Natalia Ivanova." Unsubstantiated secrecy of a prosecution witness in itself grossly violates Saveliev's right to a fair trial, as it deprives him of the opportunity to cite facts that would question the testimony of the anonymous witness. But worse: On September 16, 2020, Judge Kashina decided to accept and publicize the written testimony of the secret witness even without calling him to the court and allowing the believer to ask counter questions - though through a sound link with the change of the witness' voice. The defense filled a recusation against the Judge Kashina, but she rejected it. (Judge Kashina issued a private order to the prosecutor on abuse of procedural rights for failing to ensure the appearance of a secret witness in court).
Orthodox anti-Cultist against a believer. On September 16, 2020, the court interrogated specialist Oleg Zaev, who spoke on behalf of the Anti-Cultist Center by proxy signed by Orthodox activist Aleksandr Dvorkin. The defense noted that at the time of his testimony to the investigator, Zaev, who had no special education, was a professor of sectology at the Novosibirsk St. Makariev's Orthodox Theological Institute (the Institute closed in 2019). The "Specialist" did not hide his Orthodox views; he had a negative attitude towards Jehovah's Witnesses and considered them dangerous to the Orthodox country and the government.
The court's unwillingness to soften the preventive measure. On April 2020, Judge Kashina extended the detention of a 66-year-old believer in the courtroom in the absence of the audience due to the coronavirus epidemic. He tried to tell the judge that at the height of the pandemic, one of his cellmates was doing work in the pre-trial detention center that involved contact with large numbers of people. However, he does not wear a mask or gloves, which creates a high risk of infection. The judge was not touched by these arguments. Five months later, on September 9, 2020, the Eighth Court of Cassation of General Jurisdiction declared illegal the decision on prolongation of Yuri Saveliev's detention until April 22, 2020. On this basis, the believer again appealed to Judge Kashina for mitigation of the constraint measure, as she had every reason to do so. Unfortunately, the judge refused to transfer the believer at least to house arrest. Saveliev is still in custody, which was extended until 22 October 2020.
What happens to Saveliev in the pre-trial detention center. The believer remains in a positive mood and does not complain about anything. It is known, however, that in June 2020, Saveliev faced short-term pressure from the administration of the pre-trial detention facility because of a religiously-motivated refusal to vote on amendments to the Constitution. Physically, he feels relatively well, maintains a healthy lifestyle, does gymnastics, sings, and draws. The lawyer who visited said that he smiles, jokes, feels supported by God, and sees many positive things happening to him behind bars. Saveliev reported that he was greatly supported by letters from believers and other sympathetic people. Incoming letters he carefully registers in notebooks. For June 2020 it has already received more than 7200 letters from 54 countries of the world. He is very grateful for such support.
BRIEF CASE HISTORY
In November 2018, a pensioner was arrested in Novosibirsk during a raid on believers. Yuri Saveliev. Investigators found that 20 years ago he applied to the Ministry of Justice for registration of a Jehovah's Witnesses religious organization, and in 2017 the Supreme Court liquidated that organization along with 395 others. Saveliev's apartment was monitored to see if he continued to believe in secret. A criminal case was instigated, and the believer himself was thrown into a detention center. When the hearing began, Judge Kashina did not let a pensioner go to the pre-trial detention center even in the conditions of the pandemic. The evidence against the believer is the words of a classified witness, which the judge accepted even without questioning in court and without the believer being able to ask the witness counter questions, as well as the reasoning of a "specialist" who does not hide the fact that without special education he teaches "sectology" in an Orthodox seminary and negatively affects Jehovah's Witnesses. The hearings in the Leninsky District Court of Novosibirsk continue.
CRIMINAL CASE
Case of Savelyev in Novosibirsk
Region: Novosibirsk Region
Locality: Novosibirsk
Case number: 11802500019000098
Number of the case in court: 1-820/2019
Current stage: trial in court of first instance
Suspected of: according to the investigation, illegally organized on the territory of Novosibirsk the activity of the religious organization of Jehovah's Witnesses (with reference to the decision of the Supreme Court of the Russian Federation on liquidation of all 396 registered Jehovah's Witnesses organizations).
Article of the Russian Criminal Code: 282.2 (1)
Investigating: SO IC of Russia in the Novosibirsk region
Case initiated: November 7, 2018
Court: Leninsky District Court of Novosibirsk
Timeline
July 2017 - September 2018
The investigation concludes that Yury Saveliev has decided to organize the activities of the liquidated MRO in Novosibirsk again.
August 4, 2018.
Closed-circuit video surveillance is being conducted in Saveliev's apartment in an attempt to record the worship of Jehovah's Witnesses.
November 7, 2018
A. Bruzgin, investigator of IC RF in Novosibirsk region. N. initiated criminal proceedings against Yury Saveliev and other unidentified persons under part 1 of article 282.2 of the Criminal Code of the Russian Federation.
November 8, 2018
Ya.G. Korneva, judge of the Leninsky District Court of Novosibirsk, issues an order to search Saveliev's home.
Saveliev's apartment was searched, and he himself was actually detained.
From the evening until the morning of the next day, homes of Novosibirsk believers are searched at 10 addresses. Saveliev is charged under Part 1 of Art. 282.2 of the Criminal Code.
November 10, 2018
Judge of the Central District Court of Novosibirsk M.A. Shishkina makes a decision on the election of Saveliev as a preventive measure in the form of imprisonment for 1 month 29 days, i.e. until 07.01.2019. On the same day Saveliev was taken to pre-trial detention centre 1.
November 12, 2018
Mass Searches and Criminal Case in Novosibirsk
November 21, 2018
Novosibirsk Regional Court judge Zykin rejects appeals and supports Saveliev's detention.
December 24, 2018
A judge of the Novosibirsk Regional Court recognizes as lawful the search conducted at Saveliev's place of detention.
December 29, 2018
Judge of the Leninski District Court of Novosibirsk Tsygankova I. V. extends the preventive punishment in the form of detention for another 2 months, i.e. until 07.03.2019.
January 2019
It becomes known that Saveliev is included in the list of individuals connected with extremism of Rosfinmonitoring. He is denied the opportunity to receive a pension and use bank accounts.
January 21, 2019
Novosibirsk Regional Court judge Samulin rejects the appeal and supports the extension of Saveliev's guard.
March 4, 2019
The judge of the Leninski district court of Novosibirsk, E.V. Lukash, extends the detention of Savelieva for another 2 months until 07.05.2019.
22 March 2019
Novosibirsk Regional Court judge I. Pavlova rejects the appeals and supports the extension of Saveliev's guard.
April 18, 2019
Hundreds of Letters From all Over the World Sent to Believers in Detention
April 19, 2019
In Novosibirsk, new searches are taking place in homes of believers, in total 12 addresses. It becomes known that the FSB has opened a new criminal case against Marina Chaplykina, Valery Maletskov, Alexander Seryodkin. They have been placed in an isolation ward.
April 21, 2019
Kastrychnitski borough court releases Valery Maletskov and Aliaksandr Seryodkin under house arrest, but Yury Saveliou remains in the pre-trial detention center. Chaplykina and his wife have signed up for not leaving.
April 30, 2019
The judge of the Leninski district court of Novosibirsk, Thor K.G., prolongs Savelieva's detention for another 2 months until 07.07.2019.
May 21, 2019
A Novosibirsk Regional Court judge rejects the appeals and supports the extension of Saveliev's guards.
July 3, 2019
Leninsky district court prolongs Saveliev's detention for another 2 months until 07.09.2019
July 17, 2019
The Novosibirsk Regional Court, having considered the appeal, decided to reduce his detention by 2 days, namely, to 5 September 2019.
July 29, 2019
Another wave of police raids on believers' apartments in Novosibirsk.
August 2019
The investigation of the criminal case against Saveliev is over, the accused and the lawyers are familiarized with the materials of the criminal case.
August 6, 2019
New Searches and Interrogations of Peaceful Christians in Novosibirsk
30 October 2019
The Novosibirsk Leninsky District Court extends the preventive punishment in the form of detention for another 6 months. At the same time it turns out that in the pre-trial detention center Yuri was placed in a disciplinary cell for 14 days without explanation.
As of October 30, 2019, in just under a year of detention, Yuri received a total of 2,542 letters of support from believers around the world.
December 12, 2019
Judge E. V. Kashina rejects the request to return the criminal case to the prosecutor, but draws the prosecutor's attention to the fact that "the indictment does not specify the evidence of the defense and does not provide a summary of its content". The prosecutor objects.
December 13, 2019
There were plans to question the witness, 82-year-old Galina Borgerdt, but she does not go to court because she is not feeling well. The judge refuses to request the release of the defendant from the defense cabin during the hearing, because of this he can not hear what is happening in the room.
The next meetings are scheduled for 26 December at 11:00 and 13 January 2020 at 11:00.
January 13, 2020
The four witnesses give positive characteristics to the defendant and explain the difference between a legal entity and a group of believers. They explain that Yury Saveliev was never the head of any banned legal entity, nor had he organized or continued the activities of any extremist organizations. The next meetings are scheduled for 23 and 30 January.
January 23, 2020
The building of the Novosibirsk Leninsky District Court gathers about 30 people who came to support the defendant. Four more witnesses questioned speak about Yury Saveliev as a kind, responsive and law-abiding person who has never been associated with extremism. They also explain that divine services are not the activities of any legal entity; the right of believers to gather together is protected by the Constitution; the elder is not a position but spiritual qualities; donations are purely voluntary, and they are not connected with the financing of anyone or anything illegal.
March 10, 2020
Hearing in a сourt of the first instance
Judge: Catherine Kashina. Leninsky District Court of Novosibirsk (159 Svyazistov St.). Start: 11:00.
March 11, 2020
Hearing in a сourt of the first instance
Catherine Kashina. Leninsky District Court of Novosibirsk (159 Svyazistov St.).
March 24, 2020
Hearing in a сourt of the first instance
Judge: Catherine Kashina. Leninsky District Court of Novosibirsk (159 Svyazistov St.). Start: 11:00.
April 16, 2020
Judge of the Leninsky district court of Novosibirsk Catherine Kashina extends the preventive punishment of Yuri in the form of detention until July 22, 2020.
The court hearing is held without listeners using a videoconferencing system between the courtroom and the pretrial detention facility.
Yuri draws the attention of the court to the unfavorable sanitary and epidemiological situation in the pre-trial detention center at the height of the COVID-19 pandemic. For example, one of his cellmates does the work in the pre-trial detention center, involving contact with a large number of people. However, he does not wear a mask, gloves or bahillas. This creates conditions for a high risk of infection.
The next meeting is scheduled for 27 April 2020.
April 22, 2020
‘The Father Has Everything Under Control.’ Yuriy Savelyev Tells of Life in Jail and Nearly 5,000 Letters From Around the World
April 27, 2020
Hearing in a сourt of the first instance
Judge: Catherine Kashina. Leninsky District Court of Novosibirsk (159 Svyazistov St.).
Believers Are Denied Transfer From Overcrowded Pre-Trial Detention Centers, Despite the Increased Risk of COVID-19
June 18, 2020
The Leninsky District Court of Novosibirsk is holding a hearing on the case of Yuri Saveliev - the first one after the quarantine in the pre-trial detention center, where a 66-year-old believer has been kept for over one and a half years.
At first, the court dismisses the request for Yuri's release. Although the current preventive measure expires only on July 22, the detention of the believer is extended for another three months, that is, until October 22, 2020.
The court allows three listeners to be present in the room, but only in masks and at a social distance.
The Court continues to examine the written evidence in the case. Search records are read out, as well as a detailed transcript of conversations about the Bible, prayers and religious songs attributed to Saveliev. For about an hour, those present listen to discussions of biblical texts, including examples from the life of Jesus Christ.
June 30, 2020
Five listeners are admitted to the session of the Leninsky District Court of Novosibirsk on the case of Yury Saveliev with observance of anti-epidemic measures. The beginning of the session is delayed by 40 minutes due to the late prosecutor.
The Court continues to examine the written evidence of the prosecution: search records are read out, transcripts of several religious meetings of believers, including lyrics of song and prayer.
July 10, 2020
The Novosibirsk Regional Court rejected appeals against Yuriy's detention, leaving him in pretrial detention until 22 October 2020.
August 12, 2020
Hearing in a сourt of the first instance
The Leninsky District Court of Novosibirsk continues the investigation of written evidence in the case by the prosecution. In the course of the investigation of the materials, the judge reads the records of the examination of the objects, one of which is a transcript of the meeting of the believers, where the issues related to love for one's neighbor were discussed, the importance of forgiveness and mercy. The defense draws the attention of the court to the absence of any extremism in the actions of both the defendant and others present and in the meeting itself.
August 13, 2020.
Hearing in a сourt of the first instance.
Is interrogated witness Timshina L. I. via video conference call. The lawyer draws attention to the circumstances of the investigative actions - a search of her home and subsequent interrogation at night. The witness explains that around 11 p.m. Investigation Committee and police officers came to her work, took her from work and took her to her house, where the search was carried out, which lasted until 1 a.m. After that she was taken to the building of the Ministry of Internal Affairs, where she was interrogated, the interrogation lasted until around 5 a.m.. The witness reports that she was under extreme stress, was frightened, had difficulty understanding what she was signing, including her testimony. The witness says that the liturgical literature she read prompted her to show love and respect for people, respect the authorities, be honest and obey the law. She also explains how she began attending the meetings of Jehovah's Witnesses, emphasizing that she did so willingly, without coercion. She does not know what the "Zarechnaya Novosibirsk" NGO of Jehovah's Witnesses is. The witness gives a positive characterization of the accused Saveliev and confirms that she has never heard from him statements that incite hatred or enmity towards other people, or statements against the state power. She has never observed any manifestations of extremism behind him.
26 August 2020
Hearing in a сourt of the first instance.
The interrogation of specialist Zaev once again does not take place because he forgets about the meeting. Also, the prosecutor's office again does not ensure the interrogation of the secret witness. The prosecutor explains that another member of the prosecutor's office is responsible for questioning the secret witness, but he is on vacation. The court is completing its examination of the written criminal case file.
September 9, 2020
Hearing in a сourt of the first instance
The Eighth Court of Cassation of General Jurisdiction in Kemerovo overturned the ruling of the court of first instance and the appellate ruling of the Novosibirsk Regional Court to extend Yury Saveliev's detention until 22 April 2020. Saveliev is still being held in custody, which was extended until 22 October 2020.
September 15, 2020
Hearing in a сourt of the first instance.
The hearing of the case in the Leninsky district court of Novosibirsk, chaired by Judge Catherine Kashina, is continuing.
A state prosecutor postpones the scheduled interrogation of a secret witness under the pseudonym of Natalya Ivanova. The judge points out that September 16, 2020 is the deadline for the interrogation of the secret witness. The state prosecutor says he will provide information about Ivanova's readiness at the next session.
In connection with the cassation decision of 9 September on the illegality of the penultimate measure of restraint in the form of Saveliev's detention, the lawyer submits a petition to change the measure of restraint from the pre-trial detention center to a softer one. Judge Katerina Kashina refuses. At present, the 66-year-old believer has been behind bars for 677 days.
September 16, 2020
Hearing in a сourt of the first instance.
Once again, the State Prosecutor's Office failed to ensure the appearance in court of an anonymous witness whose name, person and voice are unreasonably classified, which violates the right of a believer to full protection. Judge Kashin makes a private decision against the prosecutor in connection with the abuse of procedural rights and delay in the consideration of the case. However, the judge grants the prosecutor's petition to read out the testimony of an anonymous witness from the case file. The defendant and his counsel object, as the testimony of the secret witness of "Ivanova", given at the preliminary investigation, is the main evidence of the prosecution, and Yuri Saveliev can not even ask this witness any clarifying questions. All this grossly violates his right to a fair trial. The defence is challenging Judge Ekaterina Kashina. The judge rejects the challenge and accepts the written testimony of the classified witness.
After the break, the court interrogates "specialist" Oleg Zaev with the help of a conference call. He speaks on behalf of the anti-culturist center by proxy, signed by Alexander Dvorkin. The defense notes that Zaev has no special education, but he was a teacher of the discipline "sectology" at the Novosibirsk St. Makariev's Orthodox Theological Institute (the institute closed in 2019). The specialist does not hide the fact that he professes Orthodoxy. He treats Jehovah's Witnesses in a deliberately negative way, considering them a priori dangerous to the Russian constitutional order and state power.
October 16, 2020
700 days in detention. How the Novosibirsk court is deciding the fate of the 66-year-old believer Yuriy Savelyev
