The case of Nikolayev in Kholmskaya

The Investigative Department of the Abinsk District is initiating a criminal case on the grounds of a crime under Part 2 of Article 282.2 of the Criminal Code of the Russian Federation against Alexander Nikolaev from the village of Kholmskaya. The case is assigned No. 12102030017000016

At about six o'clock in the morning, FSB officers, accompanied by riot police, come to Alexander Nikolayev's house with a search. During the search, the security forces comply with the believer's request not to wake the young child. Electronic devices, a piece of paper with a children's drawing, a book about family psychology, and a postcard with a Bible verse are seized from Alexander and his family.

The believer is taken to the investigative committee for interrogation, and later released on recognizance not to leave. From the security forces, Aleksandr learns that searches were carried out at 6 addresses, including his place of residence with a relative of a non-Jehovah's Witness in Anapa, as well as the address of Aleksandr's temporary registration in Sinegorsk and his actual address in Kholmskaya.

The investigator of the department for the Abinsk district of the Investigative Department of the Investigative Committee of the Russian Federation for the Krasnodar Territory, L. G. Galustyants, officially attracts Alexander Nikolaev as a defendant in a criminal case. The investigation regards the discussion of the Bible with family and friends as "committing a crime against the foundations of the constitutional order and the security of the state."

The case is submitted to the Abinsk District Court for consideration by Judge Nikolay Surmach.

The investigator summons Aleksandr Nikolayev to the Investigative Committee, ostensibly for interrogation, where the believer and his wife, Yevgenia, arrive by private transport. There he was detained and taken to court. The judge chooses a measure of restraint for Alexander in the form of detention. Immediately after the meeting, the believer is sent to pre-trial detention center No. 3 in the city of Novorossiysk. Eugenia manages to give her husband the necessary things, she is given a summons issued to Alexander retroactively.

Lawyer Anton Omelchenko comes to the defense of Alexander Nikolaev. After reviewing the materials of the criminal case in the Abinsk District Court of the Krasnodar Territory, the lawyer discovers that the decisions to bring Nikolaev as an accused and the indictment were falsified after Nikolaev got acquainted with them earlier. This may indicate violations of the criminal procedure law. On the fact of falsification of the materials of the criminal case, applications are prepared for their verification.

The Abinsk District Court of the Krasnodar Territory is interrogating investigator Lev Galustyants. As it turns out, the text of the decision to bring Nikolaev as an accused and the text of the indictment were handed over to the defendant in one version, but in court they were presented in a different version, which is a serious violation. The investigator explains that the situation did not occur as a result of forgery, but as a result of confusion. According to the defendant's lawyer, the materials could have been replaced directly in court in September 2021, while the judge was on vacation, but the court does not allow the defense to clarify this point and ask the investigator additional questions.

During the hearing, the court does not make a final decision on whether the case against Nikolaev will be returned to the prosecutor, as required by law.

Approximately 15 people gather outside the courthouse. Only the defendant's wife is allowed to attend the hearing. The judge rejects the defense's request to return the case to the prosecutor, and also refuses to attach new evidence of the believer's innocence.

The defenders and Aleksandr Nikolayev challenge Judge Nikolay Surmach and the entire composition of the Abinsk District Court of the Krasnodar Territory, noting that the judge ignores the obvious facts of forgery of the case materials and evidence of the innocence of the accused, and the degree of severity of the sentences of the district court gives reason to believe that judges participated in political repressions of believers. The judge rejects the challenge.

In the course of a further court session, the items previously seized during the search from the Nikolayev family are examined. It has been established that the seized items do not prove Nikolaev's guilt, since they include notes of older student children, drawings of younger children and the lyrics of a song from the cartoon.

The lawyer visits Aleksandr Nikolayev in the pre-trial detention center. The believer feels satisfied, receives and sends many letters every day. He has good relations with his cellmates and the administration of the pre-trial detention center.

In defense of the believer, Doctor of Philosophy, State Counselor of the Russian Federation, religious scholar Sergey Ivanenko acts. As in other court hearings in Jehovah's Witnesses cases where the scientist spoke, he draws attention to the fact that the religious activities of Jehovah's Witnesses are not related to extremism, and the 2017 decision of the Supreme Court does not imply that believers do not have the right to continue to practice their religion together with others.

Ivanenko explains that the hidden audio recording depicts a worship service of believers, which, as the Plenum of the Supreme Court of the Russian Federation pointed out on October 28, 2021, cannot be considered as participation in the activities of a banned organization. And he drew attention to the fact that during the service, Nikolaev only read an excerpt from the biblical book of Genesis about how Jacob's sons and daughter were born. The religious scholar stressed that Genesis is included both in the Bible and in the Tanakh - two religious publications, which are prohibited from being called extremist by the law on countering extremist activity.

The court rejects the lawyer's petitions for the appointment of a comprehensive psychological, linguistic and religious forensic examination, as well as for the inclusion of materials indicating that the activities of the religious group of Jehovah's Witnesses from the village of Kholmskaya were not prohibited. Materials characterizing Alexander Nikolaev as a non-conflict person, a good worker, a caring father of many children are announced.

At the next hearing, it is planned to interrogate Nikolaev, after which the court intends to proceed to the debate of the parties, giving the accused the opportunity to make the last word and announcing the verdict.

Nikolay Surmach, a judge of the Abinsk District Court of the Krasnodar Territory, sentences Aleksandr Nikolayev to 2 years and 6 months in a general regime colony.

It becomes known that Alexander Nikolaev is being transferred from the pre-trial detention center in Novorossiysk. In a letter to his wife, he says: "So far, the final destination is Samara." It is more than 1600 kilometers from his home.

Aleksandr arrives at SIZO-2 Syzran Central.

The court admits to the hearing the wife and son of Nikolaev, as well as about 10 fellow believers who came to support the defendant. Due to communication problems, Nikolayev himself, who is in jail, cannot attend the hearing.

At the request of the Abinsk District Court, the panel of judges of the Krasnodar Regional Court, despite the objections of the defense, withdraws the case from consideration and returns it to the court of first instance for attaching a number of documents.