The Case of Monis in Birobidzhan

Senior investigator-criminalist of the Investigative Directorate of the FSB of Russia for the Jewish Autonomous Region, Senior Lieutenant of Justice D. Yankin initiates a criminal case against Monis under Article 282.2 (2) of the Criminal Code of the Russian Federation.

The Birobidzhan District Court satisfies the petition of the senior investigator-criminalist of the Investigative Department of the FSB of Russia for the Jewish Autonomous Region D. Yankin and seizes Monis' property. The court prohibits Svetlana from operating the car, despite the fact that she needs it for personal purposes and for work.

Senior investigator-criminalist of the SB of the FSB of Russia for the Jewish Autonomous Region, Senior Lieutenant of Justice D. Yankin makes a decision to bring Svetlana as an accused.

In relation to Svetlana, a preventive measure is chosen in the form of a written undertaking not to leave the place.

The Court of the Jewish Autonomous Region, on the complaint of Svetlana Monis, amends the decision of the district court and excludes from it the ban on the operation of the arrested car.

Svetlana Monisa is recharged under Article 282.2 (2) of the Criminal Code of the Russian Federation.

The preliminary investigation into Monis' case has been concluded. The investigator provides Svetlana with all the materials of the criminal case, material evidence, including video recordings of operational filming, for review and copying.

The case was transferred to the Birobidzhan District Court of the Jewish Autonomous Region (32 Pionerskaya Street) for consideration on the merits.

The court hearing has been postponed indefinitely due to the epidemiological situation in the country.

Svetlana Monis testifies in the Birobidzhan District Court of the Jewish Autonomous Region. The believer notes: "The accusation of extremism is offensive to me, because it fundamentally contradicts my views and beliefs."

She explains that the investigator interprets reading the Holy Scriptures together, singing songs and saying prayers as extremism. In fact, these actions are a legitimate exercise of the constitutional right to freedom of religion. Svetlana draws attention to the fact that, according to the indictment, she is only guilty of being baptized in 2005 and becoming one of Jehovah's Witnesses.

The defendant files a motion to declare inadmissible the testimony of prosecution witness Zvereva, a police officer who also spoke at the hearings against other Birobidzhan believers: Yevgeniy Golik, Anastasia Sycheva and Tatyana Zagulina. The believer notes that during the preliminary investigation she was not identified by witness Zvereva. The information provided by the witness in court that she identified Monis in the video recordings from the case file is unreliable and intended to mislead the court.

Svetlana Monis speaks in the debate. "I'm not a criminal, [...] I never had extremist goals or hateful motives," she says. "I did not commit any extremist actions. I was guided by Christian principles, the main of which is to love God and people. My behavior was legitimate. [...] I worshipped God peacefully, as recorded in the Bible. Just as the disciples of Jesus Christ did in the first century." According to the defendant, the prosecution was unable to present evidence of her guilt to the court, because there are no factual circumstances of the crime.

The believer utters the last word and emphasizes that she is "persecuted precisely for her faith in God and this persecution is politically motivated."

Judge Vladimir Mikhalev found Svetlana Monis guilty of participating in the activities of a banned organization and sentenced her to a fine of 10,000 rubles. The verdict has not entered into force.

The court of the Jewish Autonomous Region toughens the sentence of Svetlana Monis. Instead of a fine, the believer was sentenced to 2.5 years of suspended imprisonment with a probationary period of 2 years.

The Ninth Court of Cassation of General Jurisdiction, located in Vladivostok, overturns the verdict of the appellate instance - 2.5 years of suspended imprisonment. The panel of judges, chaired by Svetlana Lyubenko, returns the case of Svetlana Monis for a new trial in a different composition of the Court of Appeal.

A panel of judges of the Court of the Jewish Autonomous Region, chaired by Elena Pyshkina, overturns the conviction. The case is returned to the Birobidzhan District Court for consideration by a new composition of the court.

The case of Svetlana Monis goes to the Birobidzhan District Court of the Jewish Autonomous Region for a new trial and is transferred to Judge Yulia Tsykina.

At the beginning of the hearing, Svetlana Monis draws the court's attention to the fact that she is still listed in the penitentiary inspectorate as a convict, although the court of cassation overturned the conviction on December 9, 2021. Repeated requests to the court for deregistration have remained unanswered for six months.

During the trial, the case materials from volumes 7 to 25 were examined. At the next court hearing, the prosecution will finish presenting its evidence.

Video recordings made during worship services are being examined. The prosecutor comments on the songs and prayers, drawing attention to the presence of the name "Jehovah" in them. Svetlana draws attention to the fact that the texts are based on the Bible, and there are no extremist statements in them.

The court examines the files with the hidden recording of the worship service. The video quality is so poor that it is impossible to make out the participants of the event. However, the prosecutor claims that he sees a woman who looks like the defendant there.

The state prosecutor notes that everything is well organized, emphasizing that the topics discussed are related to Jehovah God. Svetlana points out that communication on such topics is not prohibited by law.

The prosecutor reads out the data from the optical discs seized from the defendant. They are dated from 2012 to November 2018. Svetlana draws the court's attention to the fact that these data do not relate to the period imputed to her.

The believer is removed from the register of the penitentiary inspection. She sought this for six months after the Court of Cassation overturned the appellate ruling that imposed the sentence.

The court continues to review the case materials, including a disc with wiretapping.

The defendant reiterates her request for access to the trial transcript so that she can prepare to testify.

The defendant draws attention to the fact that, in the opinion of the prosecutor, the use of the name "Jehovah" should be considered evidence of the commission of a crime. Monis emphasizes that the use of this name has not been forbidden by any court. This information shall be attached to the case file.

Svetlana Monis draws attention to the fact that the protocol of the search conducted at her home does not say that any extremist literature was found there. She also notes that her name was not on the list of members of the LRO, and some material evidence has nothing to do with it.

At the request of Monis, discs with recordings of liturgical meetings will be examined at the next hearing.

The court examines a video recording of a worship service that discussed biblical advice for strengthening marriage.

The court grants Svetlana Monis' petition to include in the case file the jurisprudence on acquittals of Jehovah's Witnesses in Russia; letters from the Ministry of Foreign Affairs explaining the right of Jehovah's Witnesses to practice their religion in groups, as well as excerpts from Rossiyskaya Gazeta. The court also agrees to examine the opinion of the UN Working Group on Arbitrary Detention.

The court listens to a recording of a biblical speech about an unbiased attitude towards others.

The judge appoints a new lawyer and does not satisfy the defendant's request to refuse him.

Svetlana Monis is given a 70-page part of the court record.

At a closed hearing, Judge Yulia Tsykina attaches to the case two written opinions of religious scholars Sergey Ivanenko and Mikhail Odintsov.

The next closed meeting is held. Svetlana Monis testifies, and also petitions for the disclosure of the testimony of prosecution witness Zvereva. Despite the prosecutor's objections, the court grants the defendant's request.

The prosecutor again asks to appoint Svetlana Monis 4 years of real imprisonment. The text of the state prosecutor's speech in the debate is identical to what was read out at the first consideration of the case.

The court of the Jewish Autonomous Region upholds the decision of the lower court - 2 years and 6 months of suspended imprisonment.