Ninth General Jurisdiction Court of Cassation. Vladivostok, Primorye Territory

Ninth General Jurisdiction Court of Cassation. Vladivostok, Primorye Territory

Ninth General Jurisdiction Court of Cassation. Vladivostok, Primorye Territory

Unjust Verdicts

Court of Cassation Upheld the Sentence Against Four Jehovah's Witnesses from Primorye Territory for Their Faith, Including a Disabled Woman

Primorye Territory

On October 16, 2023, the Ninth General Jurisdiction Court of Cassation upheld the verdict against believers from Spassk-Dalniy. Dmitriy Malevaniy, Aleksey Trofimov, and Olga Panyuta will continue to serve their sentences in the penal colony, and Olga Opaleva will continue to serve a suspended sentence.

All four believe that they were convicted simply because they are Jehovah's Witnesses. The court sentenced Malevaniy, Trofimov and Panyuta from 4.5 to 7 years in a penal colony. Opaleva, who suffered a stroke during the trial, received a 5-year suspended sentence. Later, the court of appeal reduced the sentence insignificantly.

Back in 2018, the RF Government, in response to the demands of the UN Human Rights Council, expressed its official position regarding Jehovah's Witnesses: "The ban on the activity of the organization 'Jehovah’s Witnesses' does not in itself restrict the right to freedom of religion of its supporters, who still have the right to practice their religious rites, provided that the form of such practice does not contradict the norms of Russian legislation." Despite this, believers across the country continue to be found guilty of extremism for peaceful religious practices.

The Case of Malevaniy and Others in Spassk-Dalny

Case History
In the fall of 2018, searches were carried out in Spassk-Dalny at the homes of Dmitriy Malevaniy, Aleksey Trofimov, Olga Panyuta, Olga Opaleva and their fellow believers. The reason for the prosecution of peaceful citizens was their faith in Jehovah God. The believers were charged with organizing the activity of an extremist organization and involving others in it. The case is based on the testimony of secret witnesses “Sidorova” and “Ivanova”, who monitored the believers on instructions from the FSB. On the eve of the search, Olga Opaleva suffered a heart attack, and later, on the way to court, a stroke. The four believers spent 1 year under house arrest, and from November 2019 were under a recognizance agreement. In December 2019, the case went to court. In February 2023, the believers were sentenced: Dmitriy Malevaniy was given 7 years, Aleksey Trofimov – 6.5 years and Olga Panyuta - 4.5 years in a penal colony, and Olga Opaleva - 5 years suspended. The court of appeal reduced each of these terms by 2 months, the court of cassation upheld this decision.
Timeline

Persons in case

Trofimov
Aleksey
Malevaniy
Dmitriy
Opaleva
Olga
Panyuta
Olga

Criminal case

Region:
Primorye Territory
Locality:
Spassk-Dalny
Suspected of:
according to the investigation, unlawfully organized the activity of the religious organization of Jehovah's Witnesses in Spassk-Dalniy (with reference to the decision of the RF Supreme Court on the liquidation of all 396 registered organisations of Jehovah’s Witnesses)
Court case number:
11802050020000065
Initiated:
November 12, 2018
Current case stage:
the verdict entered into force
Investigating:
Investigative Department of the Investigative Directorate of the Investigative Committee of the Russian Federation for the Primorye Territory
Articles of Criminal Code of Russian Federation:
282.2 (1), 282.2 (1.1)
Court case number:
1-4/2023 (1-4/2022; 1-7/2021; 1-70/2020; 1-570/2019)
Court of First Instance:
Spassk District Court of the Primorye Territory
Judge of the Court of First Instance:
Pavel Bobrovich
Case History
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