Case of Polevodov and Kim in Khabarovsk

Senior investigator-criminalist of the Investigation Department of the FSB of Russia in the Khabarovsk Territory, Senior Lieutenant of Justice D. Pozdnyakov, having considered the report of the crime, decides to initiate a criminal case against Valery Moskalenko on the grounds of a crime under Part 2 of Article 282.2 of the Criminal Code of the Russian Federation.

Investigator D. Pozdnyakov makes a decision to separate a new criminal case from the criminal case against Valery Moskalenko - against Stanislav Kim and Nikolai Polevodov.

The case is referred to the Zheleznodorozhny District Court of Khabarovsk.

A preliminary hearing is being held in the Zheleznodorozhny District Court of Khabarovsk. Judge Natalia Firsova rejects the defense's motion to return the case to the prosecutor and to challenge the forensic examination.

The prosecutor reads out the indictment. Polevodov and Kim disagree with the accusation of extremism.

The court is questioning two witnesses — Zverev, a security guard at the café, and Rudenko, the administrator of the facility where security officials believe the defendants participated in a religious meeting. Both state that they do not know the defendants and cannot say whether they were present at the café on April 21, 2018. Witnesses inform the court that a meeting was held that day, but they did not see anything illegal in the behavior of those present on the recordings of video cameras installed in the room.

Another witness, who was present in the café building, is being interrogated. From her answer it is clear that she does not know the defendants, she did not enter the hall where the meeting of the group of people took place.

Another witness by the name of Sugak, who attended meetings of Jehovah's Witnesses until 2016, reports that he knows Polevodov and Kim. He does not know whether the believers were part of the legal entity that was banned.

The prosecutor reads out the documents substantiating the accusation and the characteristics of Polevodov and Kim. Expert opinions are announced. The prosecutor cannot explain to the lawyers for what period of time the experts examined the materials, and promises to prepare for the next hearing.

Watching a video from one of the religious meetings. Gnilokostov's lawyer draws attention to the discrepancy between the date of the video recording and the date indicated on the video disc provided by the operatives. She also emphasizes that none of the speakers mentions the Administrative Center of Jehovah's Witnesses or the LRO. Those present do not comply with conspiracy measures, sound amplification equipment is used, everyone calmly communicates with each other. Judging by the nature of the shooting, it was made by operatives.

The prosecutor cancels the examination of one of the witnesses and reads out the written evidence. The prosecutor reads out the text of the statutory documents of the LRO, the decision of the Supreme Court of the Russian Federation regarding the religious organizations of Jehovah's Witnesses and the decisions of the appellate instances. The prosecutor also declassifies the results of operational-search activities in relation to Polevodov.

Interrogation of secret witness Smirnov. According to him, he communicated with Jehovah's Witnesses until April 2017. Polevodov demands that Smirnov be declassified, but the judge refuses. In his testimony, Smirnov states that he knows the defendants, but does not know whether they have any status in a religious organization. On April 21, 2018, the witness was present at the meeting in the café. Smirnov at first declares that the believers were conspiring, but it turns out that he went there completely freely, no one checked his identity. According to him, everyone present knew about the ban. How he knows this, he is not able to explain. Smirnov claims that both defendants used extremist literature at the meeting, but he does not know which one. The witness also finds it difficult to explain which statements by Polevodov and Kim should be understood as calls for extremism. On two occasions, he states that there were children at the meeting, although no children are seen in the video recording of the meeting made by the operational staff. Smirnov refuses to answer most of the questions, explaining that he does not want to reveal his identity.

The next hearing is scheduled for January 9, 2020.

In the debate, the prosecutor's office asks the court to find Kim and Polevodov guilty and impose a sentence of 3 years in prison with 1 year of restriction of liberty on each of them. The believers themselves do not admit guilt and ask the court to fully acquit them.

The sentencing is scheduled for 04.02.2020 at 15:00 (local time) in the Zheleznodorozhny District Court of Khabarovsk. The court is located at the address: Khabarovsk, Suvorov str., 73.

Natalia Firsova, judge of the Zheleznodorozhny District Court of Khabarovsk, announces the verdict. Nikolay Polevodov and Stanislav Kim were found guilty under Part 2 of Article 282.2 of the Criminal Code of the Russian Federation. They were sentenced to 2 years of suspended imprisonment with a probation period of 2 years. The believers consider themselves innocent and intend to appeal the verdict.

(In addition, Kim and Polevodov are tried in another court for their faith, but under part 1 of p. 282.2 of the Criminal Code of the Russian Federation.)

The Khabarovsk Regional Court postpones the appeal hearing to May 7, 2020.

The Khabarovsk Regional Court postpones the appeal hearing to May 21, 2020.

It becomes known that in connection with the epidemic, the Khabarovsk Regional Court (Khabarovsk, 155 Pacificskaya Street) cancels the hearing scheduled for May 21, 2020 and postpones the hearing indefinitely.

Khabarovsk Regional Court (Khabarovsk, Pacificskaya Street, 155). The appellate ruling upheld the verdict of the Zheleznodorozhny District Court of Khabarovsk dated February 4, 2020, by which Stanislav Kim and Nikolay Polevodov were found guilty under Part 2 of Article 282.2 of the Criminal Code of the Russian Federation for their faith and sentenced to 2 years of suspended imprisonment with a probation period of 2 years. The believers consider themselves innocent and intend to seek the cancellation of the sentence that has entered into force.

(In addition, Kim and Polevodov are tried in another court for their faith, but under part 1 of p. 282.2 of the Criminal Code of the Russian Federation.)