The Case of the Postnikovs in Birobidzhan

Case History

In May 2018, a special operation of the FSB with the participation of 150 security officials, codenamed “Judgement Day”, took place in Birobidzhan. As a result, at least 20 of Jehovah’s Witnesses became victims of criminal prosecution. Among them were Oleg and Agnessa Postnikov. The FSB accused them of participating in the activity of an extremist organization and involving others in it. The couple signed a recognizance agreement. The case went to court in June 2021. The charges against the believers were based on the testimony of police officer Zvereva and another resident of Birobidzhan, who pretended to be interested in the Bible. In April 2022, the court gave Oleg and Agnessa suspended sentences of 5.5 and 5 years, respectively. The court of appeal overturned this decision and in October 2022 returned the case for a new trial, which resulted in suspended sentences of 5.5 and 4.5 years. Another court of appeal upheld the verdict. In February 2024, another search took place at the Postnikovs’ home, but as part of a new raid by security forces on the homes of believers. In July 2024, the court of cassation approved the appeal decision.

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    Search Temporary detention facility

    A large-scale operation codenamed "Judgment Day" is underway in Birobidzhan with the participation of 150 security officials. During the searches, electronic devices, bank cards, money and photographs are seized from citizens.

    The search in the home of the Postnikovs, as well as in the worship building of Jehovah's Witnesses in Birobidzhan, is carried out by FSB investigator V.V. Bryantsev.

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    D. Yankin, a senior forensic investigator of the investigation department of the FSB of Russia for the Jewish Autonomous Region, initiates another criminal case for his faith under Part 2 of Article 282.2 of the Criminal Code of the Russian Federation - against 44-year-old Andrey Gubin. On the same day, I. Fedorov, a senior investigator of the FSB Investigation Department, opened a similar case against 55-year-old Oleg Postnikov. (A week earlier, on 06.02.2020, investigator D. Yankin opened 6 similar cases at once against 57-year-old Irina Lokhvitskaya, 26-year-old Anna Lokhvitskaya, 26-year-old Tatyana Sholner, 35-year-old Tatyana Zagulina, 40-year-old Anastasia Guzeva and 41-year-old Natalia Krieger. Even earlier, the husbands of Natalia Krieger, Tatyana Zagulina and Anastasia Guzeva - Valery Krieger, Dmitry Zagulin and Konstantin Guzev - became accused under similar articles. And Irina and Anna Lokhvitsky were prosecuted after their son and husband Artur Lokhvitsky. A total of 19 criminal cases were initiated against 22 believers in the city.)

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    FSB investigator Fedorov chooses a preventive measure against the suspect Oleg Postnikov - a written undertaking not to leave the place.

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    Fedorov is prosecuting Oleg Postnikov as a defendant under Part 2 of Article 282.2 of the Criminal Code of the Russian Federation.

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    The deputy head of the FSB of Russia for the Jewish Autonomous Region, Major I. Fedorov, initiates a criminal case under Part 2 of Article 282.2 of the Criminal Code of the Russian Federation against Agnessa Postnikova on the basis of the report of the FSB operative D. Krupetsky. According to the investigation, the Postnikovs "formed a criminal group," and the believer, "approving the activities of the religious organization of Jehovah's Witnesses" and "sharing its extremist goals ... became part of the LRO.

    Fedorov also opened a criminal case against Agnessa Postnikova under Part 1.1 of Article 282.2 of the Criminal Code of the Russian Federation.

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    Another criminal case is being initiated against Agnessa Postnikova under Part 1.1 of Article 282.2 of the Criminal Code of the Russian Federation. The case is assigned No. 12107990001000005.

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    Major I. Fedorov combines all 3 criminal cases against the Postnikov spouses into one proceeding. The investigation interprets peaceful conversations of believers on spiritual topics as the activities of a banned organization.

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    Fedorov makes a decision to bring Agnessa Postnikova as a defendant under Part 1.1 and Part 2 of Article 282.2 of the Criminal Code of the Russian Federation and places her under recognizance not to leave.

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    The FSB investigator brings final charges against Oleg Postnikov under Parts 1.1 and Part 2 of Article 282.2 of the Criminal Code of the Russian Federation.

    According to the investigation, communicating with a resident of Birobidzhan L. P. Kabak, the Postnikov spouses "with the tacit consent of each other, that is, a group of persons, while each, acting intentionally ... persuaded her to participate in the activities of the banned religious organization of Jehovah's Witnesses."

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    Investigator Fedorov initiates a second criminal case against Postnikov under Part 1.1 of Article 282.2 of the Criminal Code of the Russian Federation

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    The criminal case goes to the Birobidzhan District Court of the Jewish Autonomous Region. It will be considered by judge Marina Tsimarno.

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    Hearing in a court of the first instance

    The sixth court hearing of this criminal case is underway. At it and the next three sessions, the prosecutor shows video recordings of conversations on spiritual topics with a woman who depicted interest in the Bible, and other video materials. Earlier, the court examined the volumes of the criminal case.

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    Interrogation

    Prosecution witnesses are being questioned. At first, Zvereva, at the next court hearing, the witness Kabak. The testimony of police officer Zvereva is used to accuse other believers in Birobidzhan.

    At this and the next 7 court hearings, video materials, including recordings of worship services, are still being watched, and audio recordings of telephone conversations of the defendants are being listened to.

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    Hearing in a court of the first instance

    The stage of providing evidence to the defense begins.

    Defense witnesses are being interrogated - a neighbor of the Postnikovs and their relative.

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    Hearing in a court of the first instance

    Material evidence shall be provided to the court. The court restricts the defense in the study of these subjects. The defendant Postnikov asks to include in the record of the court session comments on the actions of the judge, which violate his right to defense.

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    Hearing in a court of the first instance

    The defense provides the court with documents confirming the peaceful and legal nature of the religion of Jehovah's Witnesses, including decisions of the European Court. The court announces that it will make a decision on their inclusion at the next court hearing.

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    Prosecutor requested punishment

    In the Birobidzhan District Court of the Jewish Autonomous Region, the prosecutor speaks with a debate on the Postnikov case. He requests for Oleg 5.5 years of imprisonment in a penal colony and another 1.5 years of restriction of freedom, and for Agnessa 5 years of imprisonment in a penal colony and 1.5 years of restriction of freedom.

    At the next meeting, the debate of the defense will be held.

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    Prosecutor requested punishment

    The debate of the parties continues. The defender of the believers notes that the defendants "studied parts ... The Bible, while Kabak explained that she used her copy of this book. This book is not forbidden... And the activities of other Christian denominations are based on it, the organizations of which were not banned or recognized as extremist.

    In his speech, Oleg Postnikov cites scientific information confirming that the doctrine of Jehovah's Witnesses in itself is neither extremist nor any other illegal ideology. Among other things, the believer quotes the dictionary "Religions of the Peoples of Modern Russia" edited by Doctor of Philosophy I. Y. Kanterov: "State power is considered by Jehovah's Witnesses as a device that exists with the permission of God. They do not come into conflict with the law, respect order and law-abiding."

    The believer continues: "When I say, 'I am one of Jehovah's Witnesses,' I am only stating that I share the religious beliefs of Jehovah's Witnesses and the ways in which they express them (e.g., that the command to teach others the commandments of Jesus Christ is given to all Christians without exception; or that meeting with fellow believers at worship services, praying to God, singing spiritual songs, reading the Bible, and strengthening one's faith and that of fellow believers is what Jesus expects of every person who calls himself a Christian)."

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    Final statement

    The defendants make their final statements. The verdict is scheduled for April 25.

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    Art. 282.2 (1.1) Art. 282.2 (2) First Instance Sentence Suspended sentence Prosecution of several family members

    Judge Marina Tsimarno sentences Oleg and Agnessa Postnikov to 5.5 and 5 years of suspended imprisonment, respectively, with restriction of liberty for a term of 1 year 6 months with a probationary period of 5 years each.

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    Court of Appeal Art. 282.2 (2) Art. 282.2 (1.1) Prosecution of several family members
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    Retrial (court of first instance)

    The retrial of the Postnikov case begins in the Birobidzhan District Court of the Jewish Autonomous Region. The case is being heard by Judge Olga Klyuchikova.

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    Prosecutor requested punishment Retrial (court of first instance)

    During the debate, the prosecutor requests 5.5 and 5 years of probation for Oleg and Agnessa Postnikov with an additional restriction of freedom for one and a half years each.

    The court session is held behind closed doors. At the next hearing, the defense is expected to speak in the debate of the parties. The defendants will make their final statements.

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    Final statement In the courtroom Closing arguments for the defense

    Oleg and Agnessa Postnikov make their final speech.

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    Final statement Prosecution of several family members Retrial (court of first instance) Art. 282.2 (2) Art. 282.2 (1.1) Suspended sentence
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    Second appeal Art. 282.2 (2) Art. 282.2 (1.1)
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    Search Case initiated Art. 282.2 (1.1) Prosecution of several family members

    The FSB conducts raids on the homes of Jehovah's Witnesses in Birobidzhan and the village of Amurzet. Among the victims are the Postnikovs, who are already serving suspended sentences.

    Another search takes place at the home of another believer, Vladlena Kukavitsa. A criminal case has been initiated against her. Emotional pressure is exerted on her, the security forces demand to confirm her acquaintance with other believers, threatening her with real terms and persuading her to cooperate with the investigation. A lot of notebooks, notebooks, electronic equipment and data carriers are seized. They refuse to issue a copy of the search protocol.

    The search is led by investigator Dmitry Yankin, who previously initiated the initiation of criminal cases against Jehovah's Witnesses in Birobidzhan. Also, detectives of the FSB of Russia for the Jewish Autonomous Region N. Lonushkin and D. Krupetsky take part in the searches.

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    Court of Cassation

    Oleg and Agnessa Postnikov file a cassation appeal with the Ninth Court of Cassation of General Jurisdiction. The complaint notes: "Neither the verdict nor the appellate ruling provides clear criteria by which it would be possible to clearly see which specific actions of the Postnikovs were a continuation of the illegal extremist activities of the liquidated legal entity."

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    Court of Cassation Complaints Suspended sentence Prosecution of several family members Elderly
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