Merkulov's case in Apatity

Case History

Broken front door, broken window and armed security forces — that was part of the search in the apartment of Denis Merkulov and his wife in July 2021. The Investigative Committee accused the believer from Apatity of organizing the activity of an extremist organization for “singing songs … and praying to Jehovah God” and “organized practice of faith.” Merkulov was detained after interrogation. After 24 hours in a temporary detention facility, he was placed under house arrest for two months, and then the preventive measure was changed to a ban on certain actions. In August 2022, the criminal case went to court. The charge was based on the testimony of a man who invited Denis to talk about Bible teachings. In March 2023, the court sentenced the believer to a fine of 500,000 rubles. The prosecutor insisted on an appeal, which upheld the guilty verdict, but reduced the fine to 400,000 rubles.

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    Case initiated Art. 282.2 (1)

    The Investigative Committee initiates a criminal case against an unidentified person under Part 1 of Article 282.2 of the Criminal Code of the Russian Federation (organization of activities of an extremist organization). The involvement of 45-year-old Denis Merkulov in the case is being established promptly.

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    Search

    In the Murmansk region, security forces conduct 14 searches, five of which take place in the city of Apatity, including at the Merkulovs.

    At about 7:30 p.m., FSB officers broke down the iron front door to the believers' apartment, and an armed riot policeman entered them, breaking a window on the second floor. The security forces are filming this intrusion on their phones. Denis and his wife Natalia are ordered to lie down on the floor, but are soon allowed to stand up.

    In addition to the apartment, the search takes place in the car and garage of believers. Employees seize passports, bank cards, electronic devices, Bibles, greeting cards, photographs and personal records. To Natalia's question: "Who will put the door and window for us now?" the FSB officer answers: "Let Jehovah put your door."

    After a 5-hour search, Denis, despite the high temperature and poor health, was taken to the Investigative Committee and released at 4 am, writing him and Natalia a summons for interrogation.

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    Forced fingerprinting Temporary detention facility

    Denis and Natalia appear in the Investigative Committee for interrogation, after which the believer is fingerprinted and handcuffed to the temporary detention facility.

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    House arrest

    Judge of the Apatity City Court of the Murmansk Region Vladimir Dyomin elects Denis Merkulov a measure of restraint in the form of house arrest until September 18, 2021. The meeting is being held behind closed doors.

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    Prohibition of certain actions

    By the decision of the Apatity City Court of the Murmansk Region, Denis Merkulov's preventive measure is changed to prohibit certain actions until October 18, 2021.

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    Art. 282.2 (1)

    Lieutenant Colonel of Justice D. M. Kamynin charges Denis Merkulov with organizing the activities of an extremist organization.

    The investigator blames Merkulov for "performing songs ... and prayers to Jehovah God," as well as "organized confession of faith" with others. The investigation considers it extremism that Jehovah's Witnesses want to "proclaim the Good News, that is, preach the Word of Jehovah God." "Jehovah's Witnesses firmly believe that their calling is to be subjects of the kingdom of Jesus Christ here and now on earth," the ruling reads. By this, the prosecution claims, believers "oppose themselves to the state."

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    Case went to court

    The case against Denis Merkulov is submitted to the Apatity City Court of the Murmansk Region. It will be considered by judge Olga Karulina.

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    Hearing in a court of the first instance

    "My desire to talk to people about God and the Bible ... is not based on any charter of a liquidated [local religious organization], in which I am not a member and do not participate," Denis Merkulov declares, expressing his attitude to the charges. "It is the Bible, where the words of God and his son are written, that is my main 'charter' that guides me in my life." He continues: "Extremism is completely alien to my views and beliefs."

    The defendant's wife, Natalia, is being interrogated. The prosecutor is trying to find out in detail how the believer and her husband exercised their right to religion after the liquidation of the LRO.

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    Hearing in a court of the first instance

    The prosecution continues to question witnesses. The essence of the prosecutor's questions boils down to one thing, namely, how the activities of believers in the religious community were carried out before the decision of the Supreme Court in 2017 and what their participation in this activity is after this decision.

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    Hearing in a court of the first instance

    Interrogation of a prosecution witness - an FSB officer. He informs the court that he considers any actions of a religious nature committed by Jehovah's Witnesses to be extremist, since he perceives the decision of the Supreme Court of the Russian Federation as a ban on any activity of this denomination. He admits that he did not delve into the case file.

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    Hearing in a court of the first instance

    A witness for the prosecution, a man who in the past discussed the Bible with Denis Merkulov, and later wrote a denunciation of him to the FSB, is being interrogated. Denis Merkulov testifies about the circumstances of his acquaintance with the prosecution witness and the content of their conversations.

    More than 20 of his fellow believers come to support the believer.

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    Hearing in a court of the first instance

    Denis Merkulov gives written testimony. He says that he began to study the Bible in the 90s. According to the believer, he was the founder of the LRO of Jehovah's Witnesses in Apatity until 2017, but after the liquidation of legal entities of the denomination, he did not participate in the activities of any legal entities. The investigation was unable to provide any evidence to the contrary. "I profess my beliefs individually, privately, and adhere exclusively to my actions ... The Bible," the believer declares.

    Merkulov draws the court's attention to the fact that the religious examination present in the case established only that he had religious beliefs, but did not confirm his connection with any LRO of Jehovah's Witnesses after 2017. Thus, the expert was unable to establish when, where, under whose leadership and in what composition it acted and what was the name of this LRO.

    According to the defendant, they had friendly relations with the prosecution witness, they communicated on various topics, including domestic and family topics, and went out into nature together. The believer declares that he never called on this witness to become a member of the LRO or to commit actions of an extremist nature.

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    Hearing in a court of the first instance

    At the meeting, video recordings of conversations about the Bible are viewed. They discuss family values, as well as the question of whether God is the source of trouble and suffering.

    The lawyer submits a petition for selective viewing of the video recording of the ORM with the participation of witness V. Y. Tuzov. The lawyer wants to draw the court's attention to the contradiction in his testimony

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    Prosecutor requested punishment

    The prosecutor requests a sentence of 6 years in prison for Denis Merkulov.

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    Fine First Instance Sentence Art. 282.2 (1) Dismissal and work restrictions Final statement

    Denis Merkulov makes the last word: "My actions, my motives, my beliefs are in no way connected with actions of an extremist nature."

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    Art. 282 Art. 282.2 (1) Court of Appeal Fine Mitigation of punishment
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