Case of Yegorov in Birobidzhan

The Investigative Department of the Federal Security Service of Russia for the Jewish Autonomous Region is initiating a criminal case for faith under Article 282.2 (2) of the Criminal Code of the Russian Federation against Yevgeny Egorov.

The case goes to the Birobidzhan District Court of the Jewish Autonomous Region and is referred to federal judge Alexei Ivashchenko, who is also hearing the case of Igor Tsarev and Konstantin Guzev. The criminal case is assigned the number 1-48/2020.

A preliminary hearing is underway. The court satisfies Yegorov's petition to familiarize himself with the materials of the criminal case and copy them and rejects the petitions for the exclusion of evidence, for the refusal of a lawyer, for the consolidation of 10 criminal cases and their return to the prosecutor's office. The court hearing is scheduled for February 3, 2020 at 14.30 (local time) at the address: Birobidzhan, Pionerskaya str., 32.

Commencement of hearings on the merits.

The hearing on the merits of the criminal case against Yevgeny Egorov continues in the Birobidzhan District Court.

There are 10 people in the hall who came to support the defendant. Egorov filed a motion to terminate the criminal case, stating that there were no grounds for criminal prosecution, since he enjoyed the right of religious freedom recorded in Article 28 of the Constitution of the Russian Federation. The court refuses to satisfy the petition, justifying its actions by the fact that the case materials have not yet been examined, Yegorov's guilt has not been established. Eugene must file such a motion towards the end of the hearing.

The prosecutor shall file a motion for the hearing to be held behind closed doors. The defendant and the defense object, considering the claims unfounded and unmotivated. Yevgeny Egorov points out that the lack of publicity infringes on his legal rights. Judge Alexei Ivashchenko - for the sake of "moral safety" of those present - decides that the hearing should continue behind closed doors. The listeners, and there are 17 of them, leave the courtroom. Egorov submits a motion for an open, impartial hearing. The prosecutor objects. The court rejects the defendant's request. The believer asks for a court order for a closed hearing. The court reviews videos of worship services of Jehovah's Witnesses.

Due to the epidemiological situation, the court session is being held without listeners. The court rejects Yegorov's petition to postpone the hearing. Videos of worship services are viewed. The prosecutor asks to rewind excerpts with Egorov's speeches.

The defense is requesting the suspension of the case due to the defendant's illness. The court postpones the consideration of the petition and sends a request about Yevgeny's condition to the regional hospital.

Egorov submits 4 petitions. The request to admit the Opinion of the UN Working Group on Arbitrary Detention was rejected. Motions for the preparation of the minutes of the court session in parts and for the issuance of a copy of the decision on the reasons for holding a closed session shall also be rejected. Due to the epidemiological situation, the court satisfies the petition for compliance with the measures, breaks are taken in the courtroom every 45 minutes.

The materials of the case are reviewed in a hurry. The prosecutor proposes to consider the recording files from the hidden camera not all in a row, but selectively - through one. The prosecutor notes that the defendant was captured on video.

The hearings are suspended due to Yegorov's illness with coronavirus. The judge forgets to cancel the order to the bailiffs, who come to the defendant's apartment in the morning with a summons, insistently demanding his appearance in court. After a call to the secretary, the case is settled, the meeting is suspended for two weeks.

The prosecutor reads out from the case file evidence that, in his opinion, confirms the guilt of the defendant, including religious examinations, as well as a characterization of the believer from the police.

At the request of the defense, the judge attaches the following documents to the case file: a description of the believer Yevgeny Yegorov from the Ministry of Internal Affairs, a certificate of family composition, an extract from the outpatient card of the believer's mother, informing her of her serious illness and that she needs her son's care.

In addition, the judge accepts the petition for the examination of new evidence of the defense, but refuses to attach the documents of the Committee of Ministers of the Council of Europe.

During the pleadings, the prosecutor requested a sentence of 4 years in prison with restriction of liberty for 1 year for Yevgeny Yegorov. The state prosecutor justifies this by the fact that the believer "committed actions ... [which] were expressed in deliberate participation in ongoing religious meetings, religious speeches and worship services, ... illegal dissemination of information about their creeds."

A lawyer takes the floor in the debate. He repeatedly points out that the case materials do not specify the accusation of the believer, which contains only general phrases, such as "Egorov continued to realize his criminal intent aimed at participating in the activities of the banned religious organization LRO of Birobidzhan." He continues: "All doubts about the guilt of the accused, which cannot be removed, are interpreted in favor of the accused. There are plenty of such doubts. However, at times there was a certain presumption of guilt in the court session.

The lawyer also states: "Everything that the investigator and the prosecutor consider criminal is in fact lawful behavior, the exercise of the constitutional right to freedom of conscience and religion ... The mere existence of religious beliefs or the ways in which they are expressed may not constitute a crime."

The lawyer concludes: "Unfortunately, in this case there is not only the inconsistency and vagueness of the accusation, but also the distortion of facts. Egorov did not commit any extremist actions, but this line is bent by the investigator and the prosecution throughout the process."

The judge of the Birobidzhan District Court of the Jewish Autonomous Region, Alexei Ivashchenko, sentences Yevgeny Egorov to 2 years and 6 months of suspended sentence, as well as a year of restriction of freedom.

The court of the Jewish Autonomous Region rejects the believer's appeal. The sentence of the lower court - 2.5 years suspended and 1 year of restriction of freedom - comes into force.

The Judicial Collegium for Criminal Cases of the Ninth Court of Cassation of General Jurisdiction, composed of judges G. M. Dezhurnaya, S. A. Busarov and N. Y. Khromina, decides to cancel the appellate ruling of the Court of the Jewish Autonomous Region of November 25, 2021 against Yevgeny Yegorov and to send the criminal case of the believer for a new appeal hearing to the same court with a different composition.

The prosecutor asks Yevgeniy Yegorov for a sentence of 4 years in prison with restriction of freedom for 1 year.

Egorov delivers his last word. The court schedules the announcement of the verdict on February 17.

The court of the Jewish Autonomous Region upholds the decision of the lower court.