The case of Freedom of Tatiana and others in Komsomolsk-on-Amur

Case History

In September 2021, the Investigative Committee initiated a criminal case on suspicion of participating in extremist activities against peaceful pensioner Tatyana Svoboda. In October 2021, she, as well as Elena Nesterova and Tatyana Bondarenko, were searched. Ten months later, in August 2022, Nesterova and Bondarenko were charged under two parts of Article 282.2 of the Criminal Code of the Russian Federation at once. The case mentions a woman whom believers allegedly persuaded to participate in extremist activities - they read the Bible with her and discussed spiritual topics. In November 2022, the case went to court, and in March of the following year, the women were given five years of probation with a probationary period of two years. The appeal court upheld this decision, but added one year and eight months of freedom restriction.

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    Senior Investigator of the Investigation Department for the city of Komsomolsk-on-Amur of the Investigative Directorate of the Investigative Committee of the Russian Federation for the Khabarovsk Territory and the Jewish Autonomous Region, Captain of Justice V. V. Glyzin initiates a criminal case under Part 2 of Article 282.2 of the Criminal Code of the Russian Federation against Tatyana Svoboda. According to the investigation, the believer participated in the activities of a banned organization.

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    The Leninsky District Court of Komsomolsk-on-Amur orders searches in the homes of Tatiana Svoboda and 2 other women believers.

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    At about 8 a.m., representatives of the Investigative Committee, accompanied by masked and bulletproof riot policemen, as well as witnesses and police officers, invaded the women's apartments with searches. Employees come to two, armed with a crowbar. Security forces are looking for weapons and drugs, as well as religious literature. Bibles in the Synodal translation, electronic devices and personal records are seized from believers. Immediately after that, the believers were taken for interrogation to the Investigative Committee as suspects under a criminal article. Later, all the detainees are released, taking from them a written undertaking not to leave.

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    Search Case initiated Art. 282.2 (2) Art. 282.2 (1.1)
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    Deputy Head of the Investigation Department for Komsomolsk-on-Amur of the Investigative Directorate of the Investigative Committee of the Russian Federation for the Khabarovsk Territory and the Jewish Autonomous Region, Captain of Justice V.S. Meshcheryakov is prosecuting Tatyana Bondarenko and Yelena Nesterova as defendants under Parts 1.1 and 2 of Article 282.2 of the Criminal Code of the Russian Federation (inducement, recruitment or other involvement of a person in the activities of an extremist organization and participation in it). According to the investigation, the women, talking about the Bible with people, urged them to spread and promote beliefs banned in the Russian Federation. According to the ruling, Bondarenko persuaded a certain V. N. Dyomina to "participate in the activities of a religious organization ... by persuasion and otherwise involving it in the activities of this extremist organization through a false belief in the correctness of its teachings."

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    Case went to court

    The case of Tatyana Svoboda, Elena Nesterova and Tatyana Bondarenko is submitted to the Central District Court of Komsomolsk-on-Amur. It will be considered by judge Natalia Kazimova.

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    Hearing in a court of the first instance

    The prosecutor brings charges against the believers. They express their attitude towards him. One of the lawyers draws attention to the absence of any specifics in the indictment and asks that the case be returned to the prosecutor. Judge Natalya Kazimova is postponing the decision on this motion until the next hearing.

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    Hearing in a court of the first instance

    The court rejects the request to return the case to the prosecutor. The protocols of the interrogation of all prosecution witnesses, including the key witness V. N. Demina, are read out, in their absence - the prosecution refers to certificates about their state of health. Despite the objections of the defendants and the defense, the court accepts the written testimony of the absent witnesses.

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    Hearing in a court of the first instance

    The court rejects the prosecutor's request for the disclosure of the testimony of two more prosecution witnesses and decides to forcibly bring one of them.

    Prosecutor Ivashchenko reads out the written materials (volumes 1-3).

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    Hearing in a court of the first instance

    Judge Kazimova rejects the motion of the defense to challenge the specialist Galyamov, who again does not appear at the hearing in connection with a business trip. The testimony of a specialist and the materials of the last two volumes of the case - the 4th and 5th - are read out.

    Witness Borisenko, a neighbor of Elena Nesterova, is being interrogated. The witness says that guests came to the defendant, but only before the ban on legal entities of Jehovah's Witnesses in Russia.

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    Hearing in a court of the first instance

    The court satisfies the defense's motions to admit evidence (ECHR practice, scientific conclusions about Jehovah's Witnesses).

    The defendants testify by taking written notes.

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    Suspended sentence Art. 282.2 (1.1) First Instance Sentence Prosecutor requested punishment Final statement

    The prosecutor requests punishment for the defendants - 7 years of suspended imprisonment with a probationary period of 5 years, an additional punishment in the form of restriction of freedom for 1 year and 6 months, a ban on engaging in activities related to posting materials on the Internet for a period of 1 year and 6 months.

    The defendants make their final statements.

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    Court of Appeal
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