The case of Ushakov and Others in Vyselki

Senior investigator of the Korenovsky Interdistrict Investigation Department of the Investigative Directorate of the Investigative Committee of the Russian Federation for the Krasnodar Territory A. A. Garmash initiates a criminal case against 41-year-old Vitaly Ushakov, 46-year-old Yevgeniy Bochko, 48-year-old Valery Vechkaev and 39-year-old disabled person of group I Alexei Shubnikov. According to the investigation, in the period from July 31, 2020 to July 4, 2021, the believers "took active organizational actions aimed at continuing ... Activities... organizations of Jehovah's Witnesses in the village of Vyselki, expressed in the convening, opening and closing of meetings, the organization of religious speeches and worship ... coordination of the course of meetings, suggestions of topics for discussion, and the implementation of other preaching activities. They are charged with Part 1 of Article 282.2 of the Criminal Code of the Russian Federation.

As part of the criminal case, at least 31 searches are being carried out in the villages of Vyselki, Berezanskaya, Buzinovskaya, Novodonetskaya, Zhuravskaya, in the village of Gazyr, the village of Zarya, and the Beysuzhek Second farm. Another search is taking place in Novorossiysk. In total, at least 51 people are affected, including those who are not Jehovah's Witnesses. Among the victims of the actions of the security forces are three elderly women, one of whom is 75 years old, and the other two are over 80. Electronic devices, bank cards and personal records were seized from believers.

Vitaliy Ushakov and Yevgeniy Bochko are interrogated at the Korenovsk Investigative Committee. Aleksey Shubnikov is being interrogated at the Investigative Committee department in Vyselki, where he was obliged to report on his own. After the interrogations, Vitaliy is placed in a temporary detention facility, and Yevgeniy and Aleksey are allowed to go home.

Law enforcement officers do not find Valery Vechkayev at home, so they break down the front door and conduct a search without the presence of the owners. The security forces armed with machine guns who came home to Vechkayev's youngest daughter and mother-in-law are not allowed to enter. They spend several hours on the street, as a result of which the daughter falls ill.

The judge of the Vyselkovsky District Court of the Krasnodar Territory, Alexander Kalchevsky, elects Vitaly Ushakov a measure of restraint in the form of detention for a period of 2 months, until April 11 inclusive.

Ruslan Teplukhin, judge of the Vyselkovsky District Court of the Krasnodar Territory, imposes restrictions on Yevgeniy Bochko and Alexei Shubnikov in the form of a ban on certain actions. Believers cannot visit a number of public places, use the Internet, communicate with other defendants in the criminal case, as well as with their fellow believers. In addition, they cannot leave the Vyselkovsky district.

Vitaliy Ushakov's wife is subjected to a second search.

The Vyselkovsky District Court chooses a measure of restraint for Valery Vechkayev in the form of a ban on certain actions.

He is forbidden to leave the Vyselkovsky district, visit railway stations, shopping centers, entertainment venues, cafes and restaurants, use the Internet and telephone (except for calling emergency services and resolving judicial issues). He is also forbidden to communicate with 43 fellow believers.

Investigator A. Garmash initiates a new criminal case against a resident of the village of Vyselki. 76-year-old Vladimir Kolesnikov is suspected of organizing an extremist association (Part 1 of Article 282.2 of the Criminal Code of the Russian Federation).

The reason for initiating the case is a report based on the materials of operational-search activities provided by the department of the FSB in the Krasnodar Territory in the city of Tikhoretsk.

According to the investigation, Kolesnikov, together with Ushakov, Bochko, Vechkaev and Shubnikov, carried out "illegal" activities: "convening, opening and closing meetings, organizing religious speeches and services at these meetings, coordinating meetings, proposing topics for discussion, and carrying out other preaching activities."

It becomes known that the case of Kolesnikov and the case of Ushakov and others are combined into one proceeding.

Vladimir Kolesnikov is chosen as a measure of restraint in the form of a ban on certain actions.

The Vyselkovsky District Court of the Krasnodar Territory once again extends Vitaliy Ushakov's detention. The believer intends to appeal this ruling.

Vitaliy Ushakov was released under house arrest from the pre-trial detention center, where he stayed for almost 7 months. From Krasnodar, he goes back to Vyselki.

The decision was made by the Krasnodar Regional Court in response to Ushakov's appeal to extend the period of detention. The following restrictions are imposed on the believer: he is forbidden to leave the home, communicate with the defendants in the case and fellow believers, use means of communication, receive and send postal correspondence.

The court softens the measure of restraint for Vitaly Ushakov from house arrest to a ban on certain actions. However, he is still forbidden, among other things, to leave the territory of the Vyselkovsky district, visit railway stations, airports, shopping centers, cafes and restaurants, use the telephone, mail and the Internet.

The first hearing in the Vyselkovsky District Court of the Krasnodar Territory on the merits of the case of Vitaly Ushakov. Referee — Aleksandr Kalchevsky.

20 people come to the courtroom to support the believers, 9 of them are allowed into the courtroom as observers.

The judge recalls the motion filed on June 15, 2023 by the defense. Its essence lies in the fact that replaced sheets appeared in the case materials, in connection with which it is necessary to compare the information contained in these documents with those case materials that were photographed by the defendant Shubnikov in February 2022.

The court begins to compare the photographs of the case materials taken earlier by the defendant with the current ones, as well as to study the protocols of familiarization with the case materials. The defense draws the attention of the judge and the state prosecutor to the discrepancy between the materials. The prosecutor proposes to summon investigator I. S. Shutenko to the court to explain this circumstance. The judge asks Shubnikov to show the original documents he photographed in February.

The judge proposes to interrogate the witness Shutenko at the request of the prosecution.

The investigator claims that the defendants familiarized themselves with the case materials twice - before the investigation and after, and the case materials were not embroidered, nothing was added or subtracted. He also claimed that he had familiarized all the defendants with the 17 volumes of the case, but they allegedly refused to sign the protocol of acquaintance.

The defense voices its disagreement with the testimony of the investigator and declares that it is going to file a petition for an examination of the previously photographed case materials, as well as for a handwriting examination of the familiarization protocol, which, in its opinion, was replaced.

The prosecutor and the judge believe that even if the case file was changed, this does not change the essence, but the lawyer argues that this deprived the defendants of the right to prepare for the trial.

The lawyer of the defendant Shubnikov submits to the prosecutor for review a petition for the appointment of forensic handwriting and photographic examinations. The judge informs that it is too early to file this petition, since the previous motion to return the criminal case to the prosecutor has not yet been resolved.

The lawyer of the defendant Shubnikov reads out an addendum to the petition for the return of the criminal case to the prosecutor, which lists 170 violations in fulfilling the requirements of Art. 217 of the Code of Criminal Procedure of the Russian Federation (familiarization of the accused and his defense counsel with the materials of the criminal case). The judge invites the participants of the trial to familiarize themselves with the submitted materials. A break is announced until October 17, 2023.

Everyone is allowed to enter the hall, even bring extra chairs.

The state prosecutor reads out the charges. All the defendants deny their guilt, call the accusation far-fetched and want to speak out after examining all the evidence.

In connection with the refusal of Yevgeniy Bochko from a lawyer by appointment, a lawyer enters the case by agreement.

The court attaches to the case file medical documents on the health of Yevgeniy Bochko, confirming a valid reason for his absence at the two previous hearings. Alexei Shubnikov's certificate on the limitation of physical activity due to his disability is also attached. He requested the adjournment of meetings due to outpatient treatment.

The assistant prosecutor begins to consider written materials, in particular portrait examinations of each defendant.

The lawyer notes that when studying these examinations, the expert showed personal initiative and examined irrelevant material, and also used outdated methods.

Then the prosecution proceeds to the consideration of a comprehensive psychological and linguistic religious author's examination.

The assistant prosecutor proceeds to the consideration of the third (final) - psychological - part of the comprehensive examination. The court agrees to hear the comments of the defense.

Commenting, the public defender draws attention to the fact that the examination was prepared in violation of the Code of Criminal Procedure and not on the basis of audio and video recordings, as instructed by the investigator, but on the basis of a transcript made by law enforcement agencies. In addition, experts often used words and expressions that distorted God's name. The defender cites a number of proofs that the name of God is often used in various translations of the Bible and literary works of famous Russian writers and poets. The judge asks for these explanations to be provided in printed form.