FORUM 18 NEWS SERVICE, Oslo, Norway
The right to believe, to worship and witness
The right to change one's belief or religion
The right to join together and express one's belief
=================================================
Tuesday
RUSSIA: 6.5 years' jail for building "world theocratic state" with 700
roubles
A Pskov court handed a six and a half year jail term to 61-year-old
Jehovah's Witness Gennady Shpakovsky. This is the second-longest jail term
yet on "extremism"-related charges for meeting with others to pray and
study beliefs. Muslim Ilgar Aliyev received an eight-year prison term in
2018. Prosecutors claimed two jars of small donations Shpakovsky had were
to finance building a "world theocratic state".
RUSSIA: 6.5 years' jail for building "world theocratic state" with 700
roubles
By Victoria Arnold, Forum 18
On 9 June, a court in Pskov in northern European Russia handed 61-year-old
Gennady Shpakovsky the longest jail sentence given to a Jehovah's Witness
after the 2017 Supreme Court ban on Jehovah's Witness activity - six and a
half years' imprisonment in a general-regime labour camp ("correctional
colony"). This is the second-longest jail term yet handed down on
"extremism"-related charges for meeting with others to pray and study
beliefs.
Shpakovsky, from Pskov, will have to serve the full term, should his appeal
be unsuccessful, as he has spent no time in pre-trial detention (see
below).
After his release, Shpakovsky will also undergo another year of
restrictions on freedom, his lawyer explained to Forum 18. These comprise
an 11 pm to 6 am curfew and a ban on leaving his home town. He will also be
barred from leading or participating in any religious activity for
three-years (see below).
Prisoner of conscience Shpakovsky's six-and-a-half-year sentence is the
second-longest sentence imposed for meeting with others to pray and study
beliefs. Ilgar Vagif-ogly Aliyev, who met with other Muslims to study Islam
and theologian Said Nursi's texts, was jailed in June 2018 in Izberbash for
eight years
(
). Aliyev,
however, spent a year and three months in detention, meaning that he is due
to be released after about six years and 1.5 months, in September 2024.
Shpakovsky is also the first Jehovah's Witness to be convicted of
"Financing extremist activity" under Criminal Code Article 282.3, Part 1.
"In the flat where there was a search, the FSB found two jars, one
containing 200 Roubles, the other 500 Roubles," his lawyer Arly Chimirov
told Forum 18. "The jars were labelled 'salt' and 'sugar', [and] they
considered this to be conspiracy and financing" (see below).
In court, the FSB security service claimed that the Jehovah's Witnesses
were building a "world theocratic state" (see below).
500 Roubles is equivalent to about 68 Norwegian Kroner, 6 Euros, or 6
Dollars.
"Gennady was morally prepared for such a sentence," Chimirov told Forum 18
on 11 June. "We will certainly appeal." Shpakovsky himself lodged an
initial appeal on 15 June, according to the city court website; his lawyer
will file further materials soon. The appeal hearing will take place at
Pskov Regional Court.
"In short, this was not a surprise, judging by what he was charged with,"
Shpakovsky's wife Tatyana Shpakovskaya told Forum 18 from Pskov. "It was
especially painful when my husband gave me his wedding ring when he was
handcuffed like a dangerous criminal, although before that the prosecutor
and the FSB investigator had shaken hands with him when they arrived in the
courtroom."
Shpakovskaya added: "There was a feeling that we would not see each other
again. Of course, my husband also felt the same. We are used to having the
whole family together and solving all problems together, and now he knows
that we are left without his spiritual, physical and material support" (see
below).
In his final speech to the court, Shpakovsky described the effects of his
prosecution: "From the time I found myself in the position of 'extremist',
my family and I have experienced a constant sense of discouragement and
confusion, which includes loss of sleep and disruption of a normal
lifestyle. We feel people looking askance at us and hear the words: 'Look,
the extremist is coming!' or 'I have nothing to talk about with the
extremist!'"
Shpakovsky added that the family had felt "a constant sense of concern and
anxiety" in the two years since his arrest on 3 June 2018 (see below).
UN Working Group on Arbitrary Detention
"Court decisions are getting harsher," Jehovah's Witness spokesman Yaroslav
Sivulsky commented on the jw-russia.org news website on 9 June. "From the
point of view of international law, the verdict is an arbitrary deprivation
of liberty for the peaceful practice of religion."
Jehovah's Witnesses state that Shpakovsky's conviction and jailing are "in
defiance of repeated demands by the United Nations (UN) Working Group on
Arbitrary Detention and other prominent international actors to stop
arresting, detaining, and prosecuting Jehovah's Witnesses for their
peaceful worship".
Shpakovsky's conviction is the first since the UN Working Group on
Arbitrary Detention adopted a wide-ranging Opinion (A/HRC/WGAD/2020/10) on
1 May condemning the raids, arrests, detention and trials of 18 Jehovah's
Witnesses
(
), stating it
"wishes to emphasize that none of them should have been arrested and held
in pre-trial detention and no trial of any of them should take or should
have taken place".
The Working Group also noted that the 18 "are part of now ever-growing
number of Jehovah's Witnesses in Russia who have been arrested, detained
and charged with criminal activity on the basis of mere exercise of freedom
of religion, a right protected by article 18 of the Covenant" (see below
and forthcoming F18News article).
On 2 June, Forum 18 wrote to the Russian Justice Ministry, the Russian
Permanent Representative to the United Nations in Geneva, and the Federal
Ombudsperson for Human Rights to ask how and when the Russian authorities
intend to fulfil the Working Group's requirements.
The Justice Ministry's press office directed Forum 18 to put these
questions to the Federal Investigative Committee and the General
Prosecutor's Office, which Forum 18 did in writing on 3 June. Forum 18
received no other response by the middle of the working day in Moscow on 16
June.
At a court hearing on 28 May 2020, Shpakovsky requested that his case be
closed in light of the UN Working Group's Opinion, but Judge Galina Belik
refused this, as she did not deem it to be sufficient grounds.
On 9 June Forum 18 asked Pskov City Court why the judge did not take the UN
Working Group's Opinion into account, but has received no response.
Prosecuted for meeting to pray
Prosecutions of Jehovah's Witnesses are happening despite the Supreme Court
judges' noting in both their initial
(
) and appeal rulings
(
) that the Court "does
not give an evaluation of the beliefs of Jehovah's Witnesses".
A 23 March 2018 submission to the European Court of Human Rights (ECtHR) in
Strasbourg (seen by Forum 18) from Andrey Fyodorov, the Russian government
representative to the Court, stated in Paragraph 91 that the ban "does not
contain a restriction or prohibition on individual profession of [Jehovah's
Witness] teaching". This was in relation to ECtHR application number
10188/17.
Jehovah's Witnesses therefore argue that the Supreme Court's 2017 ban
applies to the activities of legal entities, not to the activities of
individual believers. As prisoner of conscience Shpakovsky told Radio Free
Europe's Sever.Realii website on 9 June before his sentence: "Jehovah's
Witness groups held their gatherings long before the appearance of a legal
entity. The legal entity created later solved organisational issues (the
renting of premises, etc.), but it did not come before meeting to read the
Bible and conversations about God."
In his final speech to the court, Shpakovsky stated: "As this [Supreme
Court] decision exclusively concerned a legal entity, I decided that, as a
citizen of the Russian Federation, I have the right to use Article 28 of
the Constitution of the Russian Federation, which guarantees the right to
freely practise any religion, including the Jehovah's Witness religion,
both individually and together with others."
Shpakovsky added that "I have been affirmed in this understanding even
more" after the Russian government's March 2018 submission to the ECtHR, in
particular Paragraph 91, which he read out to the Pskov court.
Shpakovsky continued: "Your honour, how should I, an ordinary citizen of
the Russian Federation, who does not have a special legal education, have
understood the essence of the decision of the Supreme Court?"
Prisoners of conscience
Like Muslims who meet to read Nursi's works, Jehovah's Witnesses face
prosecution under Criminal Code Article 282.2 ("Organisation of" or
"participation in" "the activity of a social or religious association or
other organisation in relation to which a court has adopted a decision
legally in force on liquidation or ban on the activity in connection with
the carrying out of extremist activity").
(
)
Unlike Muslims who meet to read Nursi's works, some Jehovah's Witnesses -
like prisoner of conscience Shpakovsky - are also being prosecuted under
Criminal Code Article 282.3 ("Financing of extremist activity")
(
). Offences under this
article also incur large fines or prison terms of up to eight years.
In addition to prisoner of conscience Shpakovsky, seven other Jehovah's
Witnesses - from Saratov and Oryol - are currently jailed
(
) for their exercise of
freedom of religion and belief.
Some of the Jehovah's Witnesses have been tortured.
(
)
Two Muslim men who met with other Muslims to read Nursi's works are
currently known to be serving jail sentences:
– Artur Abdulgamidovich Kaltuyev, who sentenced to three years in
November 2017
(
);
- and Ilgar Vagif-ogly Aliyev, sentenced to eight years in June 2018
(
).
In addition, Muslim Yevgeny Lvovich Kim is still in custody despite his
release after a three years and nine months' sentence handed down in June
2017
(
). On his release
on 10 April 2019, in what was the first such case, he was deprived of his
Russian citizenship, left stateless, fined, and ordered deported to
Uzbekistan
(
). This is
his country of birth (although he is not a citizen of the country) and is
itself a serious violator of freedom of religion and belief
(
).
Prisoner of conscience Kim remains in a temporary detention centre for
foreign nationals in Khabarovsk, awaiting deportation to Uzbekistan.
All remain on the Federal Financial Monitoring Service (Rosfinmonitoring)
"List of Terrorists and Extremists", whose assets banks are obliged to
freeze (although small transactions are permitted).
(
)
Continuing trials and investigations
Ninety-three Jehovah's Witnesses were known to be defendants in 43 trials
as of 21 May.
(
)
In late March, police raided 20 Muslim women's homes in Naberezhnyye Chelny
in Tatarstan
(
). One
woman suffered a heart attack and was placed in intensive care. A court
ordered two months' house arrest for 62-year-old Nakiya Sharifullina as she
is investigated on criminal "extremism" charges for meeting to study
theologian Nursi's works. A Dagestan court ordered two months' pre-trial
detention for Ibragim Murtazaliyev as he is investigated on similar
charges.
Pskov: FSB surveillance, charges
The Pskov Region branch of the FSB security service opened its criminal
case against Gennady Valerianovich Shpakovsky (born 6 October 1958) on 31
May 2018. According to federal tax records, he had earlier chaired Pskov's
local registered Jehovah's Witness organisation.
It became apparent during court hearings that officers had kept Shpakovsky
and fellow Jehovah's Witnesses under surveillance for several months,
covertly recording and filming them as they met to pray and read the Bible
together, and monitoring their computers.
On 9 June, the local Vesti-Pskov news programme on the Rossiya-1 state TV
channel showed clips of surveillance footage of Shpakovsky and another man
standing at a computer, then Shpakovsky writing on a piece of paper. It
also briefly scrolled through the receipts used as evidence of the charge
of "Financing extremist activity", which the report says were found on
Shpakovsky's computer and detailed the collection of funds for building
Kingdom Halls and the expenses of the local congregation.
On 3 June 2018, the FSB security service and OMON riot police carried out
five armed raids in Pskov, including on the home of an 80-year-old woman
(
). Officers arrested
Shpakovsky in a friend's flat, "where they were peacefully discussing the
Bible", the jw-russia.org news website reported on 9 June 2018. After
breaking down the door and searching the property for six hours, they took
him and two others away for questioning, which lasted until late at night.
After interrogation, officers released the three.
Investigators had Shpakovsky added to the Federal Financial Monitoring
Service (Rosfinmonitoring) "List of Terrorists and Extremists"
(
) on 6 July 2018. This
meant that the bank card Shpakovsky used to access his salary and pension
was "immediately blocked", his wife Tatyana told Forum 18 on 11 June,
meaning he could no longer use the card or make or receive transfers.
Multiple charges on instructions from Moscow
The FSB security service formally charged Shpakovsky under Criminal Code
Article 282.2, Part 1 ("Organisation of the activity of a social or
religious association or other organisation in relation to which a court
has adopted a decision legally in force on liquidation or ban on the
activity in connection with the carrying out of extremist activity") on 19
March 2019, and under Criminal Code Article 282.3 ("Financing of extremist
activity") on 21 August 2019.
Investigators had not originally intended to prosecute Shpakovsky under
both Criminal Code Articles, lawyer Arly Chimirov told Forum 18 on 11 June
2020, "but when they had already prepared the case for submission to court,
the investigator was instructed to increase Shpakovsky's charges with this
article. This is happening a lot now." He added that "since this began
happening simultaneously across several regions, it is logical that [the
instruction] came from Moscow".
According to Chimirov, the Criminal Code Article 282.3, Part 1 charge was
based on ordinary donations from members of the community. "In the flat
where there was a search, the FSB found two jars, one containing 200
Roubles, the other 500 Roubles," he told Forum 18. "The jars were labelled
'salt' and 'sugar', [and] they considered this to be conspiracy and
financing. Plus, Shpakovsky had receipts [showing] how much and when
believers had made donations and how they had been spent (helping others,
household necessities, and similar), [and] they deemed this to be the
financing of extremist activity".
500 Roubles is equivalent to about 68 Norwegian Kroner, 6 Euros, or 6
Dollars.
Shpakovsky himself commented to Sever.Realii on 9 June 2020 that he thought
he was charged under the second Criminal Code article to "punish [him] as
much as possible". What the FSB called "financing", he said, was the
voluntary contributions of believers which were sent to "brothers and
sisters".
Prosecutors lodged the case at Pskov City Court on 26 September 2019,
according to the court website. The court scheduled seventeen hearings to
take place, beginning on 5 November 2019, including the delivery of the
verdict on 9 June 2020; two hearings in the spring of 2020 appear to have
been postponed because of Covid-19 restrictions, and another took place on
1 June with no observers allowed inside the courtroom except Shpakovsky's
daughter Mariya.
Asked by Sever.Realii on 9 June 2020 why he had not left the country when
prosecutions of Jehovah's Witnesses began, Shpakovsky responded: "I
consider myself innocent. Why should I leave the country in which I grew
up, in which my family and friends live? I did not commit any crime against
people, nor against the government, nor against the state and the existing
system. The indictment does not contain any damage or injuries. I am being
persecuted for my faith."
Building a "world theocratic state"?
"We believe that correction is possible only in conditions of real
isolation from society by imposing the main punishment in the form of
imprisonment," Pskov's senior assistant prosecutor Oleg Tsyplakov told the
court, according to Sever.Realii's report on 9 June.
In court, the FSB security service claimed that Jehovah's Witnesses were
building a "world theocratic state". Prosecutors noted that the Pskov
community was recorded discussing the parable of the sheep and the goats,
in which it is said that people will be divided at the Last Judgment into
those who will receive "eternal torment", and the righteous who will
receive "eternal life".
"We are simply retelling the parable of the sheep and goats that was cited
by Jesus Christ," Shpakovsky commented to Sever.Realii. "And only he will
have the right to determine, ultimately, who is the sheep and who is the
goat."
After the final hearing, Oleg Tsyplakov, Pskov's senior assistant
prosecutor, told Vesti-Pskov that "the arguments of the defence about the
law-abiding behaviour of the defendant were recognised by the court as
invalid."
Forum 18 wrote to the Pskov Regional Prosecutor's Office on 9 June to ask
why it had sought a jail sentence, in what way Shpakovsky could be
considered dangerous, and why meeting for prayer and Bible reading were
considered criminal offences. No reply has been received.
Pskov conviction
On 9 June 2020, Judge Belik of Pskov City Court found Shpakovsky guilty
under Criminal Code Article 282.2, Part 1 ("Organisation of the activity of
a social or religious association or other organisation in relation to
which a court has adopted a decision legally in force on liquidation or ban
on the activity in connection with the carrying out of extremist activity")
and Criminal Code Article 282.3, Part 1 ("Financing extremist activity").
Judge Belik sentenced Shpakovsky to six and a half years' imprisonment in a
general-regime labour camp ("correctional colony"), and he was taken into
custody directly from the courtroom.
That evening, the local Vesti-Pskov news programme showed footage of police
officers putting handcuffs on Shpakovsky (who had arrived at court with a
bag already packed for prison) and leading him away.
"It was especially painful when my husband gave me his wedding ring when he
was handcuffed like a dangerous criminal, although before that the
prosecutor and the FSB investigator had shaken hands with him when they
arrived in the courtroom," Shpakovsky's wife Tatyana Shpakovskaya told
Forum 18 from Pskov on 11 June.
"There was a feeling that we would not see each other again," she added.
"Of course, my husband also felt the same. We are used to having the whole
family together and solving all problems together, and now he knows that we
are left without his spiritual, physical, and material support."
Given Shpakovsky's double charge, he could have been imprisoned for up to
15 years. Prosecutors requested a sentence of seven and half years'
imprisonment. In addition to imprisonment, Shpakovsky will be subject to
another year of restrictions on freedom after his release, his lawyer
explained to Forum 18 on 15 June. These include an 11pm-6am curfew and a
ban on leaving his home town. He will also be barred from leading or
participating in any religious activity for three years.
Because he spent the duration of the investigation and trial under travel
restrictions, rather than in detention or under house arrest, if
Shpakovsky's planned appeal is unsuccessful, he will have to serve his full
six and half year sentence.
On 9 June Forum 18 asked Pskov City Court why Judge Belik had imposed such
a long sentence, but has received no response.
This is the first time that a Jehovah's Witness has been convicted of
"financing extremist activity" or under multiple articles of the Criminal
Code. Many others, however, are currently on trial or under investigation
under various combinations of Criminal Code Articles.
(
)
Verdict "was especially painful"
"In short, this was not a surprise, judging by what he was charged with,"
Shpakovsky's wife Tatyana Shpakovskaya told Forum 18. "We grasped the fact
that if the sentence were milder than the prosecutor requested, then it
would not be by much. And so it turned out. Of course, my natural reaction,
which I think any normal person would have, is pain at the fact that they
are splitting up a family that has been together for 30 years."
In his final speech to the court, Shpakovsky described the effects of his
prosecution: "From the time I found myself in the position of 'extremist',
my family and I have experienced a constant sense of discouragement and
confusion, which includes loss of sleep and disruption of a normal
lifestyle. We feel people looking askance at us and hear the words: 'Look,
the extremist is coming!' or 'I have nothing to talk about with the
extremist!'"
Shpakovsky added that the family felt a "constant sense of concern and
anxiety" in the two years since the raid and arrests on 3 June 2018,
fearing that they could happen again.
According to Sever.Realii, police filmed Jehovah's Witnesses who had
gathered outside the court to await the verdict. Interviewed by a
Pskov-Vesti reporter, they denied that they were a "sect" (as experts for
the prosecution had described them) and noted their ongoing persecution: "I
was born into a family of Jehovah's Witnesses. My parents were exiled to
Siberia, and I was born in exile," said one. Another added: "Any decision
the court might make will still glorify our God whom we worship."
Shpakovsky is currently being held in Pskov's Investigation Prison (SIZO)
No. 1 while his appeal is pending. According to his wife, no visits or
phone calls are possible because of restrictions relating to the
coronavirus pandemic
(
),
but the family is writing letters.
Shpakovsky's current prison address is:
180000 Pskovskaya Oblast
g. Pskov
ulitsa Nekrasova, 39
FKU SIZO-1
More criminal cases in Pskov Region
Criminal cases are underway in Pskov Region against two other Jehovah's
Witnesses, both from the town of Porkhov. Both cases were opened on 28
March 2019
(
) and are
also being investigated by the FSB security service:
- Sergey Vasilyevich Komissarov (born 5 October 1966) is still a suspect
under Criminal Code Article 282.2, Part 1 ("Organisation of the activity of
a social or religious association or other organisation in relation to
which a court has adopted a decision legally in force on liquidation or ban
on the activity in connection with the carrying out of extremist
activity");
- Aleksey Nikolayevich Khabarov (born 15 February 1975) has been charged
under Article 282.2, Part 2 ("Participation in the activity of a social or
religious association or other organisation in relation to which a court
has adopted a decision legally in force on liquidation or ban on the
activity in connection with the carrying out of extremist activity"). (END)
Full reports on freedom of thought, conscience and belief in Russia
(
)
For more background see Forum 18's survey of the general state of freedom
of religion and belief in Russia
(
), as well as Forum 18's
survey of the dramatic decline in this freedom related to Russia's
Extremism Law
(
).
A personal commentary by Alexander Verkhovsky, Director of the SOVA Center
for Information and Analysis
, about the systemic
problems of Russian anti-extremism legislation
(
)
Forum 18's compilation of Organisation for Security and Co-operation in
Europe (OSCE) freedom of religion or belief commitments
(
)
Follow us on Twitter @Forum_18
(
)
Follow us on Facebook @Forum18NewsService
(
)
All Forum 18 text may be referred to, quoted from, or republished in full,
if Forum 18 is credited as the source.
All photographs that are not Forum 18's copyright are attributed to the
copyright owner. If you reuse any photographs from Forum 18's website, you
must seek permission for any reuse from the copyright owner or abide by the
copyright terms the copyright owner has chosen.
© Forum 18 News Service. All rights reserved. ISSN 1504-2855.
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