The Case of Derendyaev and Others in Izhevsk

A criminal case is being initiated against three believers from Izhevsk. Aleksandr Kutin, Maksim Derendyaev and Sergey Ashikhmin are suspected of organizing extremist activities (Part 1 of Article 282.2 of the Criminal Code of the Russian Federation).

In Izhevsk, searches are being conducted at least 12 addresses of Jehovah's Witnesses. Officers of the FSB and the Investigative Committee detain 6 men aged 31 to 56 years. Investigator of the Investigative Committee Aleksey Rodionov interrogates Sergey Ashikhmin for 7 hours. After that, Aleksandr Kutin and Maksim Derendyaev were sent to custody.

According to the decision of the Industrial Court of Izhevsk, Maksim Derendyaev is placed in a pre-trial detention center at least until June 14, 2021. He can write letters.

Judge of the Industrial District Court of Izhevsk Gulfiya Zamilova chooses a measure of restraint for Sergey Ashikhmin in the form of a ban on certain actions, taking into account the state of his health.

The Supreme Court of the Udmurt Republic, chaired by Judge Dmitry Dementiev with the participation of the prosecutor G. F. Nurgaliyeva, satisfies the appeal of Alexander Kutin on the measure of restraint and releases him from custody. The Resolution shall enter into force upon its proclamation. Aleksandr spent 15 days in the pre-trial detention center.

The court also decides to transfer the materials of the believer's case for a new trial to the Industrial District Court of Izhevsk.

The court chooses another measure of restraint for Aleksandr Kutin - house arrest. He spent 16 days in custody.

Judge of the Industrial District Court of Izhevsk Elena Telitsina rejects the petition of the investigator of the Investigative Directorate of the Investigative Committee of the Russian Federation for the Udmurt Republic Konstantin Kokorin to extend the period of detention of Maxim Derendyaev.

The court decides to send the believer under house arrest until August 13. He spent 86 days in jail.

Judge of the Industrial District Court of Izhevsk Alexei Shnit dismisses the petition of investigator Konstantin Kokorin to extend house arrest for Alexander Kutin. The court decides to replace the measure of restraint with a ban on certain actions until October 10, 2021. The believer is forbidden to leave the living quarters in which he lives from 9 p.m. to 6 a.m., as well as to correspond using mobile devices and the Internet.

A decision is made to bring Maxim Derendyaev as an accused.

The term of the preliminary investigation in the criminal case of believers is extended by 2 months until October 13, 2021.

The judge of the Industrial District Court of Izhevsk, Sergey Savchenkov, grants the investigator's petition to mitigate the measure of restraint for Maxim Derendyaev. Now the believer is forbidden to certain actions, he cannot receive and send correspondence, negotiate and communicate using any means of communication.

Konstantin Kokorin, Senior Investigator for Particularly Important Cases of the Investigative Committee of the Russian Federation for the Udmurt Republic, is prosecuting Mikhail Derendyaev, Alexander Kutin and Sergey Ashikhmin as defendants under Part 1 of Article 282.2 of the Criminal Code of the Russian Federation.

Among other things, believers are accused of face-to-face and online worship services, where they watched religious videos, prayed, sang songs and talked about pandemic precautions between April 20, 2017 and April 14, 2021. The investigation considers all this to be "illegal actions".

The case is submitted to the Pervomaisky District Court of Izhevsk. He is appointed to judge Marina Khokhryakova.

The defense petitions for the termination of the criminal case due to the absence of corpus delicti and for the exclusion from the evidence of the examination of the ANO "Kazan Interregional Center of Expertise" dated September 25, 2019 and August 5, 2021, referring to the fact that the center's specialists do not have sufficient qualifications for an objective conclusion on this case. The prosecutor objects.

The prosecutor reads out the charges. Sergey Ashikhmin, Maksim Derendyaev and Aleksandr Kutin plead not guilty.

Kutin expresses his attitude to the charges: "My religious convictions and conscience are incompatible with the concept of 'extremism', which includes the provocation of riots, terrorist attacks, as well as violence and intolerance towards the authorities. For 20 years I have been living according to the principles of the Bible, which teach me to respect authority and love our neighbors."

The court interrogates a witness for the prosecution - the wife of Alexander Kutin. She reports that her husband never supported any violence, did not call anyone to hatred or disobedience to authority. She describes Alexander as a kind, attentive husband and a responsible person who takes care of his mother and mother-in-law.

The judge refuses to satisfy the previously filed motion by the defense to terminate the criminal case.

The court begins to familiarize itself with the materials of the case (volumes 1 and 2).

9 people come to support the believers, but they are not allowed into the courtroom, as the sessions are held behind closed doors.

Alexander Kutin files a motion to refuse a lawyer by appointment, but the judge rejects it. The prosecutor announces the contents of the search protocols and the conclusion of a comprehensive psychological and psychiatric examination.

Over the course of 4 sessions, the court examines volumes of the case from the 8th to the 10th.

The judge rejects Maksim Derendyaev's petition to refuse a lawyer by appointment.

The court continues to familiarize itself with the materials of the case. During the hearing, Aleksandr Kutin drew the court's attention to the fact that some of the materials in question date back to September 2014, when the activities of Jehovah's Witnesses in Russia were not banned, and therefore cannot be used by the prosecution as evidence.

The judge rejects Sergey Ashikhmin's petition to refuse a lawyer by appointment.

The prosecutor completes the announcement of the written materials of the case.

The court listens to recordings of telephone conversations of believers. Next, those present watch a video of the service.

The defendants re-apply for holding court hearings in open mode. Due to the epidemiological situation, the court refuses.

Six sessions in a row — 2, 7, 14, 21 November, 5 and 12 December — the court watches video recordings from the case materials.

The prosecutor motions to stop watching the worship meetings and to begin questioning prosecution witnesses.

Yevgeny Stefanidin is being interrogated. Answering most questions, he uses Article 51 of the Constitution of the Russian Federation, which allows him not to testify against himself and his loved ones. He does not corroborate his testimony during the preliminary investigation and states that he was intimidated by the initiation of criminal proceedings and dismissal from his job. (In December 2022, a criminal case was opened against him). Stefanidin says that the defendants respect people and he has not heard any extremist statements from them.

The next witness says that he knows Derendyaev, Kutin and Ashikhmin "as serious people without bad habits who value life and the society in which they live" and adds that they "do not swear, hardworking, law-abiding."

Further, a man who attended services of Jehovah's Witnesses before 2013 is interrogated. He cannot answer many questions and does not confirm some of the testimonies recorded in the protocol.

Despite the objection of the defense, the testimony is given by a representative of the Jewish community. According to counsel, he is not a specialist or expert in religious studies, is not competent to give explanations about the denomination of Jehovah's Witnesses and is biased because of his religious beliefs. At the same time, the witness admits that he does not know the defendants personally, he did not see any manifestations of aggression on their part.

The lawyer requests the return of the criminal case to the prosecutor in connection with the violations of the Code of Criminal Procedure of the Russian Federation. The prosecutor objects, as he considers these violations to be "insignificant" and "the petition is unfounded." The judge agrees with the position of the prosecutor: attaches the petition to the case file, but refuses to satisfy it.

An elderly woman is being interrogated. She repeatedly states that at the time of her testimony she was in a state of stress and was under pressure from the investigators. Describing the defendants, she says: "Good boys. No one smokes, no one drinks, good families." The woman did not hear any calls for extremism from them.

The court grants the prosecutor's request to read out the record of the woman's interrogation. The defense objects, arguing that she is in the courtroom and can explain the difference in testimony herself. The witness states: "I did not understand what I was saying there, I was in a state of stress. I want my [today's] answers to be recorded."

Maksim Derendyaev's wife is being interrogated. Answering some of the questions, a woman enjoys the constitutional right not to testify against herself and her loved ones. About her husband, she says: "Maxim is soft, never raises his voice, with a good sense of humor, caring." She also talks about her and her husband's chronic illnesses and the fact that Maxim's father needs his constant help.

The woman claims that the defendants did not call for the refusal of medical intervention, the severance of family relations or the failure to fulfill civil duties.

A married couple is being interrogated. In response to a number of questions, the woman used Article 51 of the Constitution, emphasizing that she did not refuse to testify. She speaks of the defendants as kind and law-abiding people. She is not familiar with the legal wording concerning legal entities of Jehovah's Witnesses.

The man says that he saw the defendants for the first time at the previous hearing, so he cannot say anything about their attitude to other faiths.

Three elderly witnesses are being questioned. According to witnesses, the defendants did not treat anyone with hatred and did not call for discrimination on any grounds. Witnesses speak of them as good family men, exemplary workers, and kind people.

Witnesses whose homes were searched are being interrogated.

One of them says about the defendants: "When I had difficulties, they helped me, provided support, like true friends."

Another witness emphasizes the kindness and responsiveness of the defendants, describes them as calm and adequate people. He says that he has not heard any negative statements about persons who do not profess the religion of Jehovah's Witnesses from the defendants.

The questioning of prosecution witnesses is ongoing. All of them, including a former Jehovah's Witness, consistently characterize the defendants only from a positive point of view.

According to one of them, "Derendyaev is honest, decent, law-abiding, pays taxes. Kutin is sensitive, attentive, and cares about others. Ashikhmin... ready to help, non-conflicting."

Another witness notes that the record of his interrogation contains many inaccuracies and loose wording, which were added by someone later.

The prosecutor shall request the disclosure of the testimony of the witness given during the preliminary investigation. She herself explains that she "testified in a psychologically depressed state" and that she was pressured during the interrogation. Another says: "I don't remember, I didn't understand well then, I was in a serious condition, the questions were incomprehensible." Despite this, their testimonies are voiced. Women partially or completely do not confirm their words.

The questioning of witnesses is ongoing. One woman says she knows the defendants but has not seen them for a long time. She speaks positively about them, saying, for example, that Derendyaev helped her assemble the closet.

Interrogation of six witnesses. One of them, answering the question whether she needs a legal entity to worship God with friends and relatives, answers in the negative.

All witnesses confirm that the defendants did not hear extremist statements, calls for the severance of family relations, statements containing a negative assessment of persons who do not profess the religion of Jehovah's Witnesses, as well as calls to undermine the foundations of the constitutional order and state security. They also give the defendants a positive characteristic. For example, one of the witnesses says that the defendants are "very kind, sympathetic, benevolent; Good family men will always help you when you feel bad."

A man who attended services of Jehovah's Witnesses in 1990-2000 is being questioned as a witness for the prosecution. He says it helped him understand the Bible better. He characterizes the defendants as follows: "I have not met a single person there who treated me badly. Please don't judge them, they are very good people."

Prosecution witness Pavel Kosarev, an FSB officer, is being questioned at the hearing. He reports that there is a secret witness in the case who helped "identify the accused and other members."

When asked by Kutin whether the provision of Article 28 of the Constitution of the Russian Federation was taken into account when deciding to start the ORM, the operative answers: "It is not forbidden to freely profess faith in our country, but the elders of the congregation continued the activities of an extremist organization." At the same time, the witness, although he claims that he got acquainted with the Charter of the LRO, mistakenly classifies the canonical term "elders" as a legal entity in which there have never been "elders".

Prosecution witness Kirill Krayushkin, who conducted covert video filming of worship services, is being interrogated. He tells the court that he knows the defendant Sergey Ashikhmin, as he talked to him about God and the Bible. The witness says that he treats Sergey well, did not notice any negativity or pressure on his part. When asked by Ashikhmin why Krayushkin believes that Jehovah's Witnesses are banned, he says that he read about it on the Internet without checking the authenticity of the sources.

The witness also informs the court that he voluntarily continued to attend worship services of Jehovah's Witnesses after 2017. At the same time, he did not consider them extremist, but considered them as an opportunity to get acquainted with the Bible and the religious views of the Witnesses. When asked by the lawyer whether he was pressured at these services and whether he began to think like an extremist, the witness replied in the negative. He also states that he did not hear any appeals against the state authorities at the services.

In addition, Krayushkin says that he does not see the difference between meetings of believers and the organization. To the questions of the defendant Maksim Derendyaev, whether he can name the legal entities of Jehovah's Witnesses, whether he has seen the documents of the LRO or its charter, the witness answers in the negative.

A secret witness under the pseudonym Aleksey Alekseev, who provided information to the detectives and the investigator and gave them explanations on hidden video footage of worship services, is being interrogated.

The court rejects the petition of the defendant Alexander Kutin to declassify the witness, since he is against.

Alekseev informs the court that he has attended services of Jehovah's Witnesses since 2004. He confirms that the religious organization of Jehovah's Witnesses is international. He also says that he attended worship services and participated in the preaching work voluntarily and did so for the purpose of studying the Bible.

The witness reports that he is not familiar with any document of legal entities of Jehovah's Witnesses. When asked by the defendant Maksim Derendyaev whether it is necessary to belong to any organization in order to practice the religion of Jehovah's Witnesses, he finds it difficult to answer.

At the end of the interrogation of the secret witness, Maksim Derendyaev makes a repeated request for his declassification, arguing that the use of such extraordinary security measures must have serious grounds, and the witness did not declare them and there were no threats from the defendants or other persons against him. The court shall attach this petition to the case file.

Seven defence witnesses are being questioned. They positively characterize the defendants, saying that they have strong families and good relations with their parents, they are responsible for their work, are always ready to help and do not refuse medical treatment. The witnesses did not hear any negative statements about the state authorities and representatives of other religions from the defendants.

Maxim Derendyaev draws attention to the fact that at the time of registration of the local religious organization (1992), he and Alexander Kutin were young children, and Sergey Ashikhmin lived in another republic. Therefore, none of them can be the founder of this LRO.

The characteristics of the defendants are investigated. The neighbors of the believers and the district police officer assess them positively: they are polite, calm, balanced people, they do not break the silence, they were not seen drunk, they have strong families.

The response to Irina Yakku from the Ministry of Foreign Affairs of the Russian Federation dated 02/20/2021 is announced, which, among other things, says: "Members of a liquidated organization can independently practice religious worship, including as part of religious groups that do not require registration."

The court, at the request of Maxim Derendyaev, attaches to the case file the response of the Ministry of Justice of Udmurtia to the request of believers. It says that the defendants were not the founders of the LRO in Izhevsk.

The court rejects the request for disclosure of the data of the secret witness.

The court rejects the request to exclude evidence obtained in violation of the law, promising to evaluate it when sentencing.

The medical documents of the defendants shall be attached to the case file.

Two investigators who interrogated three witnesses in the case testify in connection with the fact that the women stated that pressure was exerted on them.

The prosecutor requests 7 years of imprisonment in a colony for Maksim Derendyaev, Sergey Ashikhmin and Aleksandr Kutin.

The debate of the defense is taking place. Maksim Derendyaev's lawyer notes: "[The court] needs to separate actions aimed at detecting extremism from performing religious rites without elements of extremism." She adds: "He [Derendyaev] is just a deeply religious person. He wanted to follow the example of Jesus Christ."

Aleksandr Kutin's lawyer says: "I believe that the main mistake of the prosecution is that it is looking for some kind of organization in the way worship is conducted, and not genuine extremism itself." He also notes: "The content of the publications discussed by believers ... is the exact opposite of the signs of hatred and enmity that the Supreme Court has formulated and singled out."

Sergey Ashikhmin's lawyer states: "None of the charges set forth in the indictment has been confirmed, both during the preliminary investigation and during the consideration of the criminal case in the present trial."

Alexander Kutin and Sergey Ashikhmin deliver their closing remarks.

Kutin states: "My beliefs have always been exclusively peaceful, so there are no victims or victims in the case."

Ashikhmin notes: "My actions and words could not harm the constitutional order or the security of the state, since the Bible encourages me to love my neighbors and respect the authorities."

"I have never forced anyone to live according to the laws of God or to practice the unforbidden religion of Jehovah's Witnesses," Maxim Derendyaev delivers his final statement.

Alexander Kutin, Maksim Derendyaev and Sergey Ashikhmin are in SIZO-1 in the Udmurt Republic, where they were placed immediately after the verdict was announced. They can write letters.

Maksim Derendyaev has been in the Izhevsk pre-trial detention center for 3 weeks. He is being held in a 4-bed cell. The believer has his own bed. Maksim has normal relations with his cellmates and the administration of the pre-trial detention center.

Derendyaev can take walks and exercise, which helps him maintain his health. Employees of the medical unit are ready to give him the necessary medicines.

The believer's Bible was seized for verification. It is supported by broadcasts and numerous letters, mostly e-mail, of which about 50 came in three weeks.

While in pre-trial detention, Sergey Ashikhmin and Aleksandr Kutin maintain a positive attitude. They are allowed daily walks. The believers do not yet have Bibles, as the books were seized for inspection when they entered the pre-trial detention center. Men receive parcels from friends and family.

Sergey Ashikhmin is being held in a 6-bed cell. His cellmates show respect for him as the oldest. The believer has health problems — in 2020 he underwent heart surgery. He still has all the necessary medicines, but it is not possible to conduct mandatory monthly examinations in the pre-trial detention center, which can pose a real threat to his health and life.

Sergey misses his wife: "For 16 years of marriage, my wife and I have not parted for more than a month." The believer is supported by letters from different countries. In total, he has already received about 100 of them. Although Sergey does not have reading glasses yet, he tries to answer all letters.

Aleksandr Kutin is kept in a 4-bed non-smoking cell, where prisoners maintain cleanliness. Since the believer is not yet enrolled in the library, he takes to read fiction from his cellmates. Alexander has a chronic cough, the necessary medicines are available in the medical unit. During his stay in the pre-trial detention center, he received 38 letters. Emotionally, he is supported by the photos of his wife, which he carries with him.

It becomes known that Sergey Ashikhmin is temporarily in correctional colony No. 8 in the Udmurt Republic, where he is undergoing a medical examination.

The court grants the petition of Ashikhmin's defense to postpone the appeal hearing until the end of the medical examination of the believer and the response to the lawyer's request about the state of his health is received.

In the pre-trial detention center, Maksim Derendyaev is held in a 6-bed cell. Since the administration has not yet responded to the believer's request to transfer him to a non-smoking cell, the cellmates try to cause Derendyaev as little inconvenience as possible with their smoking.

Aleksandr Kutin is in a 3-bed cell. He has good relations with the administration and cellmates.

Believers now have the opportunity to read the Bible. They receive letters of support.

Sergey Ashikhmin is returning from IK-8 back to SIZO-1, from where he was temporarily transferred on August 26 for medical reasons. He undergoes examinations and takes medications.

The conditions of detention in the 7-bed cell of the pre-trial detention center until leaving for the penal colony are satisfactory. It is possible to walk in the fresh air. The believer has good relations with his cellmates and administration. He has a Bible.