Trial of the Sixteen (2011–2015)

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The Trial of the Sixteen[1][2][3] was a 2011–2015 trial of Jehovah's Witnesses in the city of Taganrog, Russia. Sixteen Jehovah's Witnesses were arrested and charged with organising a criminal group and participating in extremist activities involving minors.

As a result of the first trial, lasting from 2011 to 2014, seven of the sixteen were found guilty and sentenced. In August 2014, both the defence and prosecution appealed, and on 12 December 2014, the original verdict was discarded. On 26 December 2014, the case was sent to retrial, and ended with another verdict on 30 November 2015 finding all sixteen defendants guilty. On 18 March 2016, the sentence was confirmed by Russia's Judicial Collegium.

Prelude[edit]

On 11 June 2009, the prosecutor's office of Rostov Oblast demanded that the Rostov Oblast Court ban the Taganrog chapter of the Jehovah's Witnesses (JW), claiming the organisation was extremist. Additional demands by the prosecutor's office included the banning of JW activities in Taganrog and the Neklinovsky and Matveyevo-Kurgansky districts, the seizure of JW property by government authorities, and the inclusion of JW materials on the Federal List of Extremist Materials.[4][5]

As justification for banning the organisation, the prosecutor's office stated that Jehovah's Witnesses refuse medical care for religious reasons, refuse civic obligations (such as conscription), noted the involvement of minors in the organisation's activities, and claimed that they were responsible for the destruction of family order. Additionally, the prosecutor's office accused JW of degrading human dignity and inciting inter-religious hatred by promoting the supremacy of Christianity.[6]

Prior to the prosecutor's office requesting a ban on the Taganrog Jehovah's Witnesses, the latter had on 31 October 2007 been issued a warning about extremist activity, which was not appealed nor cancelled. By the next year, they had already resumed the publishing of religious material. According to the prosecutor's office, this material contained extremists. The prosecutor's office also stated that the Taganrog JW had been operating in the Neklinovsky and Matveyevo-Kurgansky districts, outside the city of Taganrog, where they were allowed to operate per their charter as a local religious organisation (LRO).[6]

On 11 September 2009, the Rostov Oblast Court acquiesced, agreeing to some of the requests of the prosecutor's office. The property of the Taganrog JW was seized, and 34 of 68 publications the prosecutor's office had requested a ban on were outlawed. Among the banned publications were selected issues of the magazines Awake! and The Watchtower, as well as the book What Does the Bible Really Teach? and the brochures Should You Believe in the Trinity? and Blood to Save Your Life?.[5][7]

The Taganrog JW at first responded by filing a complaint directly to the Supreme Court of Russia. However, on 8 December 2009, the Supreme Court dismissed the complaint, allowing the partial ban to go ahead.[8][9] Subsequently, the Taganrog JW appealed to the European Court of Human Rights against the Supreme Court's decision on 1 June 2010.[10][11][12] On 7 September 2010, the Supreme Court refused to satisfy a complaint from the German publishing house Wachtturm Bibel- und Traktat-Gesellschaft der Zeugen Jehovas challenging the Rostov Oblast Court's ban on 34 JW publications.[13]

First trial (2011–2014)[edit]

On 5 August 2011, a criminal case was opened against unidentified persons. On the basis of this case, the homes of 19 Jehovah's Witnesses in Taganrog and the nearby area were searched on 25 August 2011. On 20 February 2012, an edict was issued banning the leader of the Taganrog JW, Nikolay Trotsyuk, from travelling. In the days after, similar edicts were issued against other members of the community. On 4 February 2012, a second criminal case was initiated against the defendants, who were accused of participating in an extremist group. Both cases were later merged into one proceeding.[14]

In August 2011, Ivan Bondarenko, senior investigator for the Ministry of Internal Affairs in the Southern Federal District, challenged the choice of lawyers by the Taganrog JW, a decision subsequently appealed to the Taganrog City Court. In October 2012, the challenge against the JW lawyers was declared unlawful. As a result, the procedure for bringing charges against Jehovah's Witnesses in May and June 2012, as well as subsequent investigative actions, was void. The next month, the Taganrog JW was charged once again. The Rostov Oblast Court upheld the decision of the Taganrog City Court to charge the Taganrog JW on 11 and 19 December 2012.[15][16]

On 12 April 2013, sixteen members of the Taganrog JW community were indicted. Of the indicted, the four most senior members of the defendants' congregation[a] were charged under Section 1 of Article 282.2[b] and Section 4 of Article 150[c] of the Criminal Code of Russia, while the twelve other defendants[d] were charged under Section 2 of Article 282.2[e] of the Criminal Code. According to an investigation by state authorities, the defendants continued to participate in the organisation of JW activity in Taganrog despite the ban.[17][18] In fact, in spite of the Taganrog JW's ban, membership increased to 200.[19]

Per the state investigation, the defendants held meetings at which they expressed ideas mocking the dignity of religion, incited hatred for the "Christian world", promoted the supremacy of their religion over others, encouraged conscientious objection and the refusal of medical treatment to others, and involved minors in the activities of a recognised extremist organisation.[20][21][22]

According to the Sova Center, as of 2013 the Trial of the Sixteen was the largest anti-extremist case in Russia in terms of the number of defendants. At the time, two other cases in Taganrog were also being pursued against Jehovah's Witnesses, with a total of five other defendants. All three cases were handled by the same investigator, Ivan Bondarenko. According to the Ministry of Internal Affairs, the cause for the separation of the cases was that each case concerned different congregations of Jehovah's Witnesses.[23]

Hearings[edit]

The first hearings took place on 13 and 20 May 2013.[24] According to a state investigation, the defendants continued the activities of the community in Taganrog, despite its ban.[25] The accusation was based on results from a hidden camera installed by special services in the area where Taganrog JW services were held - a violation of the law, as the LRO charter had been declared null. The argument from the defence was that the nullification of the LRO charter did not deny them their constitutional right to freedom of religion, and the law's permitting of joint practice of religion without a charter.[26]

The prosecutor's office pushed for a sentence of six years in a penal colony and a fine of ₽100,000 for the four senior witnesses, as well as fines ranging from ₽20,000 to ₽70,000 for the other defendants.[2][27] The prosecution's presentation of evidence ended on 24 March 2014, and was followed by the defence's presentation of evidence and arguments. On 16 July 2014, the defendants delivered their last word, with none pleading guilty.[1]

The announcement of the verdict was originally scheduled for 28 July 2014, but was later moved back a day.[28] That day, however, the judge did not have enough time to announce the verdict in full, and so it was once again moved back a day, to 30 July 2014.[29]

On 30 July 2014, the verdict was announced in full. Seven defendants were found guilty. The four senior members of the congregation were found guilty of "organisation of the activities of an extremist organisation," and "involving a minor in the committing of a crime," and given a suspended sentence of 5 to 5.5 years, in addition to a fine of ₽100,000, though they were not required to be paid due to the expiration of the statute of limitations. The three other defendants found guilty were convicted of "participation in the activities of an extremist organisation," and sentenced from fines ranging from ₽50,000 to ₽60,000, though they were not required to be paid due to the expiration of the statute of limitations. The remaining nine defendants were acquitted.[19][30]

Second trial (2014–2015)[edit]

On 8 August 2014, all sixteen defendants appealed the ruling of the Taganrog City Court, including those acquitted. They disagreed with the rationale of the court's decision.[31] The same day, the Rostov Oblast prosecutor's office also appealed the ruling.[32] On 12 December 2014, the Rostov Oblast Court overturned the trial's verdict.[33] On 26 December 2014, the case was again submitted to the Taganrog City Court for retrial by judge Aleksey Vasyutchenko. Preliminary hearings were held on 12 January 2015, and the first hearing on 22 January. The first consideration of the case took place on 3 March 2015.[34]

As a result of the retrial, the sentences of the defendants were toughened. On 30 November 2015, the trial ended with all sixteen defendants being found guilty. Of the four senior congregants, three were given a suspended sentence of five years and six months, while one was given a suspended sentence of five years and three months. All defendants were given fines between ₽20,000 and ₽100,000, though they were not required to be paid due to the expiration of the statute of limitations.[35][36][37] The defendants' lawyers announced their intention to appeal the verdict,[38] but on 17 March 2016, the Rostov Oblast Court upheld the verdict.[39]

Reactions[edit]

Within Russia[edit]


Outside Russia[edit]

Notes[edit]

  1. ^ Nikolay Trotsyuk, Alexander Skvortsov, Alexei Koptev and Yuri Baklushin.
  2. ^ Organising the activities of an extremist organisation.
  3. ^ Involving a minor in the committing of a crime.
  4. ^ Sergey Trotsyuk, Roman Voloshchuk, Andrey Goncharov, Oksana Goncharova, Vyacheslav Shchekalev, Karen Minasyan, Kiril Chetverikov, Vladimir Kozhukhov, Vladislav Kruglikov, Tatyana Kravchenko, Vladimir Moiseyenko and Kiril Kravchenko.
  5. ^ Participation in the activities of an extremist organisation.

References[edit]

  1. ^ a b Dianova, Olesya (16 July 2014). "В Таганроге подсудимые по "Делу шестнадцати" Свидетели Иеговы не признали свою вину" [In Taganrog, Jehovah's Witnesses defendants in "Trial of the Sixteen" plead not guilty]. Caucasian Knot (in Russian). Archived from the original on 28 July 2014. Retrieved 25 June 2022.
  2. ^ a b ""Дело 16-ти" в Таганроге: обвинение требует реальных сроков" ["Trial of the Sixteen" in Taganrog: the prosecution needs real terms]. Sova Center. 11 July 2014. Archived from the original on 26 July 2014. Retrieved 25 June 2022.
  3. ^ Dianova, Olesya; Krasnov, Oleg (25 March 2014). "Суд над Свидетелями Иеговы в Таганроге не привлекает должного общественного внимания, отмечают правозащитники" [Taganrog trial of Jehovah's Witnesses does not attract proper public attention, human rights activists say]. Caucasian Knot (in Russian). Archived from the original on 28 July 2014. Retrieved 25 June 2022.
  4. ^ "Преследования Свидетелей Иеговы в Таганроге" [Persecution of Jehovah's Witnesses in Taganrog]. Sova Center (in Russian). 14 September 2009. Archived from the original on 2 April 2015. Retrieved 25 June 2022.
  5. ^ a b "11 сентября 2009 года в Ростовском областном суде вынесено решение о признании местной религиозной организации Свидетели Иеговы «Таганрог» экстремисткой, а также ее ликвидации" [On 11 September 2009, the Rostov Regional Court ruled that local religious organisation Taganrog Jehovah's Witnesses was declared extremist and banned]. Rostov Oblast Court (in Russian). 14 September 2009. Archived from the original on 21 October 2013. Retrieved 25 June 2022.
  6. ^ a b "Определение судебной коллегии Верховного суда РФ по кассационной жалобе представителей организации Свидетелей Иеговы Таганрога" [Determination of the Judicial Collegium of the Supreme Court of the Russian Federation on the cassation appeal of representatives of the organisation of Taganrog Jehovah's Witnesses]. Sova Center (in Russian). 21 January 2010. Archived from the original on 24 September 2015. Retrieved 25 June 2022.
  7. ^ "Суд запретил деятельность организации "Свидетели Иеговы" в Таганроге" [Court Bans Activities of Jehovah's Witnesses in Taganrog]. RIA Novosti (in Russian). 14 September 2009. Archived from the original on 23 July 2014. Retrieved 25 June 2022.
  8. ^ "ВС РФ подтвердил решение о ликвидации "Свидетелей Иеговы" в Таганроге" [SC RF confirms decision to ban Jehovah's Witnesses in Taganrog]. RIA Novosti (in Russian). 8 December 2009. Archived from the original on 23 July 2014. Retrieved 25 June 2022.
  9. ^ "Верховный суд РФ подтвердил ликвидацию общины Свидетелей Иеговы в Таганроге" [Supreme Court RF confirms ban of the Jehovah's Witnesses in Taganrog]. Caucasian Knot (in Russian). 9 December 2009. Archived from the original on 28 July 2014. Retrieved 25 June 2022.
  10. ^ "Свидетели Иеговы оспорили в Евросуде ликвидацию своей общины в Таганроге" [Jehovah's Witnesses challenge ban on their community in European court]. Caucasian Knot (in Russian). 2 July 2010. Archived from the original on 28 July 2014. Retrieved 25 June 2022.
  11. ^ ""Свидетели Иеговы" подали в ЕСПЧ жалобу на решение о запрете таганрогской организации" [Jehovah's Witnesses file complaint with ECHR against decision to ban Taganrog organisation]. Sova Center (in Russian). 2 July 2010. Archived from the original on 21 October 2013. Retrieved 25 June 2022.
  12. ^ ""ВСЕМ ХОРОШИ – ЖАЛЬ ТОЛЬКО, ЧТО "СВИДЕТЕЛИ"" ["We're alright - it's a pity about the Witnesses"]. ReligioPolis (in Russian). 3 June 2010. Archived from the original on 21 October 2013. Retrieved 25 June 2022.
  13. ^ "Верховный суд РФ не удовлетворил жалобу немецкого издательства, оспаривавшего решение о признании книг Свидетелей Иеговы экстремистскими" [Supreme Court RF did not satisfy complaint of German publishing house challenging decision to recognise books of Jehovah's Witnesses as extremist]. Credo.ru Portal. 10 September 2010. Archived from the original on 8 January 2014. Retrieved 25 June 2022.
  14. ^ "В Таганроге 17 Свидетелей Иеговы обвиняются по делу об экстремизме" [In Taganrog, 17 Jehovah's Witnesses accused of extremism]. Caucasian Knot (in Russian). 2 July 2012. Archived from the original on 28 July 2014. Retrieved 25 June 2022.
  15. ^ "Замгенпрокурора РФ обязал следователей устранить нарушения в деле Свидетелей Иеговы в Таганроге" [Deputy Prosecutor General RF orders investigators to eliminate violations in Taganrog Jehovah's Witnesses Trial]. Caucasian Knot (in Russian). 26 December 2012. Archived from the original on 28 July 2014. Retrieved 25 June 2022.
  16. ^ "Ростовский облсуд признал незаконным предъявление обвинения Свидетелям Иеговы в Таганроге" [Rostov Oblast Court declares charges against Taganrog Jehovah's Witnesses illegal]. Caucasian Knot (in Russian). 18 December 2012. Archived from the original on 28 July 2014. Retrieved 25 June 2022.
  17. ^ "Дело 16 Свидетелей Иеговы в Таганроге передано в суд" [Trial of the 16 Jehovah's Witnesses in Taganrog submitted to court]. Sova Center (in Russian). 17 April 2013. Archived from the original on 26 July 2014. Retrieved 25 June 2022.
  18. ^ "В деле 16 Свидетелей Иеговы из Таганрога нет состава преступления, настаивает защита" [No corpus delicti in case of 16 Jehovah's Witnesses from Taganrog, defence insists]. Caucasian Knot (in Russian). 8 April 2013. Archived from the original on 28 July 2014. Retrieved 25 June 2022.
  19. ^ a b Koshkina, Aleksandra; Naranovich, Stanislav (30 July 2014). "Экстремисты Иеговы" [Jehovah's Extremists]. Russian Planet (in Russian). Archived from the original on 1 August 2014. Retrieved 25 June 2022.
  20. ^ ""Свидетелей Иеговы" из Таганрога обвинили в воссоздании организации" [Taganrog Jehovah's Witnesses accused of reforming organisation]. NEWSru (in Russian). 8 April 2013. Archived from the original on 25 July 2014. Retrieved 25 June 2022.
  21. ^ Kuznetsov, Ivan (10 April 2013). ""Свидетели Иеговы" похозяйничали в Таганроге" [Jehovah's Witnesses ruled in Taganrog]. Pravda.ru (in Russian). Archived from the original on 26 July 2014. Retrieved 25 June 2022.
  22. ^ Lukashev, Yaroslav (9 April 2013). "Таганрогских свидетелей Иеговы будут судить за экстремизм" [Taganrog Jehovah's Witnesses on trial for extremism]. Vesti FM (in Russian). Archived from the original on 25 July 2014. Retrieved 25 June 2022.
  23. ^ Kraynova, Natalya (6 July 2013). "В Таганроге расследуется три уголовных дела по обвинению 21 Свидетеля Иеговы в экстремизме" [Three criminal cases are being investigated in Taganrog on charges of extremism by 21 Jehovah's Witnesses]. Caucasian Knot (in Russian). Archived from the original on 22 July 2014. Retrieved 25 June 2022.
  24. ^ "Начался суд по делу 16 Свидетелей Иеговы в Таганроге" [Trial in case of 16 Jehovah's Witnesses in Taganrog has begun]. Sova Center (in Russian). 22 May 2013. Archived from the original on 26 July 2014. Retrieved 25 June 2022.
  25. ^ "Суд в Таганроге сегодня рассмотрит дело по обвинению в экстремизме 16 Свидетелей Иеговы" [Taganrog court to consider today case of 16 Jehovah's Witnesses on extremism charges]. Caucasian Knot (in Russian). 20 May 2013. Archived from the original on 28 July 2014. Retrieved 25 June 2022.
  26. ^ "В Таганроге вынесен обвинительный приговор членам общины свидетелей Иеговы" [Members of Jehovah's Witnesses Convicted in Taganrog]. Grani.ru (in Russian). 30 July 2014. Archived from the original on 4 August 2014. Retrieved 25 June 2022.
  27. ^ Dianova, Olesya (10 July 2014). "На суде по делу Свидетелей Иеговы в Таганроге прокурор запросил по шесть лет колонии для четверых подсудимых" [At trial in Taganrog Jehovah's Witnesses case, prosecutor requests six years in prison for four defendants]. Caucasian Knot (in Russian). Archived from the original on 22 July 2014. Retrieved 25 June 2022.
  28. ^ "В Таганроге состоится оглашение приговора по уголовному делу в отношении 16-ти Свидетелей Иеговы" [Verdict in trial against 16 Taganrog Jehovah's Witnesses to be announced]. Don-TR (in Russian). 28 July 2014. Archived from the original on 1 August 2014. Retrieved 25 June 2022.
  29. ^ Dianova, Olesya (29 July 2014). "Оглашение резолютивной части приговора по делу Свидетелей Иеговы в Таганроге отложено до 30 июля" [Announcement of operative portion of verdict in Taganrog Jehovah's Witnesses case postponed until 30 July]. Caucasian Knot (in Russian). Archived from the original on 11 August 2014. Retrieved 25 June 2022.
  30. ^ "Адвокат Свидетелей Иеговы считает приговор суда в Таганроге прецедентом для давления на верующих по всей РФ" [Jehovah's Witnesses' lawyer considers Taganrog court sentence precedent for pressure on believers across RF]. Caucasian Knot (in Russian). 30 July 2014. Archived from the original on 3 August 2014. Retrieved 25 June 2022.
  31. ^ "В Ростовской области все фигуранты дела Свидетелей Иеговы обжаловали приговор" [In Rostov Oblast, all defendants in Jehovah's Witnesses case appeal against verdict]. Caucasian Knot (in Russian). 8 August 2014. Archived from the original on 30 March 2015. Retrieved 25 June 2022.
  32. ^ Dianova, Olesya (11 August 2014). "В Ростовской области прокуратура обжаловала приговор по делу Свидетелей Иеговы" [In Rostov Oblast, prosecutor's office appeals verdict in Jehovah's Witnesses case]. Caucasian Knot (in Russian). Archived from the original on 4 April 2015. Retrieved 25 June 2022.
  33. ^ Dianova, Olesya (12 December 2014). "В Ростовской области суд отменил приговор по делу Свидетелей Иеговы" [In Rostov Oblast, court overturns verdict in Jehovah's Witnesses case]. Caucasian Knot (in Russian). Archived from the original on 11 April 2015. Retrieved 25 June 2022.
  34. ^ Dianova, Olesya (6 March 2015). "Повторное рассмотрение дела Свидетелей Иеговы началось в Таганроге" [Re-trial of Jehovah's Witnesses case begins in Taganrog]. Caucasian Knot (in Russian). Archived from the original on 4 April 2015. Retrieved 25 June 2022.
  35. ^ "Руководители "Свидетелей Иеговы" приговорены в Ростовской области к условным срокам" [Jehovah's Witness leaders sentenced to probation in Rostov Oblast]. Interfax (in Russian). 30 November 2015. Archived from the original on 31 January 2016. Retrieved 25 June 2022.
  36. ^ "Приговор Таганрогского городского суда в отношении 16-ти Свидетелей Иеговы" [Verdict of the Taganrog City Court against 16 Jehovah's Witnesses]. Religion and Law (in Russian). 8 December 2015. Archived from the original on 11 December 2015. Retrieved 25 June 2022.
  37. ^ "В Таганроге вновь вынесен обвинительный приговор по "делу 16-ти"" [In Taganrog, a guilty verdict again handed down in "trial of the sixteen"]. Sova Center (in Russian). 30 November 2015. Archived from the original on 21 January 2016. Retrieved 25 June 2022.
  38. ^ "Свидетели Иеговы обжалуют приговор суда в Таганроге" [Jehovah's Witnesses to appeal Taganrog court verdict]. Portal-credo.ru (in Russian). 4 December 2015. Archived from the original on 11 December 2015. Retrieved 25 June 2022.
  39. ^ "Вступил в силу обвинительный приговор по уголовному делу 16 верующих из Таганрога, осужденных за участие в деятельности Свидетелей Иеговы" [Guilty verdict enters into force in trial of 16 believers from Taganrog convicted of participating in Jehovah's Witness activities]. Portal-credo.ru (in Russian). 18 March 2016. Archived from the original on 25 March 2016. Retrieved 25 June 2022.
  40. ^ "Statement by Embassy Spokesperson William Stevens on Ruling in Jehovah's Witnesses Case". U.S. Embassy & Consulates in Russia. 2 December 2015. Retrieved 25 June 2022.
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