The case of Shayapov in Nikolsk

Case History

In the fall of 2020, a wave of searches took place in Nikolsk at the homes of local residents who profess the religion of Jehovah’s Witnesses, including Viktor Shayapov. Almost a year later, an investigator of the Investigative Committee of the Russian Federation separated his case into a separate proceeding from the Krupnov case. The believer was included in the list of Rosfinmonitoring, his accounts were blocked. In February 2022, the believer was detained in the Moscow region and taken to Penza, where he was placed in a temporary detention facility, later the court sent him under house arrest. Shayapov was accused of participating in the activities of an extremist organization. In March 2022, the case went to court, which 7 months later sentenced the believer to 2 years probation with a probation period of 8 months. The appeal upheld this decision.

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    At about 7 p.m., Igor Saulin, an investigator from Penza, conducts a search in Moscow at the place of registration of Viktor Shayapov's wife.

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    At 12:30 p.m., investigator Saulin searches Viktor Shayapov's place of residence, where his parents live. According to the investigator, Viktor violated his recognizance not to leave. However, no one notified the believer of the election of this measure of restraint.

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    The case of Viktor Shayapov is separated into a separate proceeding from the case of the Krupnovs. The believer is suspected of participating in extremist activities (Part 2 of Article 282.2 of the Criminal Code of the Russian Federation). He is put on the wanted list.

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    Anastasia Tymchenko, investigator of the Investigative Directorate of the Investigative Committee of the Russian Federation for the Penza Region, issues a search at the place of residence of Viktor Shayapov in the Moscow Region, in the village of Moskvoretskaya Sloboda.

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    In Mozhaisk (Moscow region), traffic police officers stop a car driven by Viktor Shayapov. A few hours later, law enforcement officers came to search the Shayapovs' house in Moskvoretskaya Sloboda. Participants of the raid arrive in cars without license plates and with registration plates of other regions. Security forces seize notebooks, personal records, SIM cards, hard drives, mobile phones and other equipment.

    Viktor was taken to Penza, 740 km from home.

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    Viktor Shayapov is placed in a temporary detention facility for 48 hours. Later, the court chooses a measure of restraint for him in the form of house arrest.

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    Shayapov's case is referred to the court and appointed to Judge Nikolai Razdrogin.

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    About 50 people come to the court hearing to support the believer, but only 17 are allowed into the courtroom. The judge extends the house arrest for another 2 months.

    The prosecutor reads out the indictment. Shayapov cites a number of reasons why he considers this accusation illegal, contradictory and far-fetched. He says: "The charge that has been brought against me is nothing more than persecution for the fact that I peacefully expressed my faith and professed it together with others, using my legal right, guaranteed to me by Article 28 of the Constitution of the Russian Federation."

    The believer notes that the performance of spiritual songs, prayers, biblical speeches, discussion of the Bible do not cause any harm to society and the state and cannot be extremist.

    "I got the impression," Shayapov adds, "that in order to avoid criminal liability, I must renounce my religious beliefs or stop expressing them. But this is nothing less than discrimination."

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    About 25 people come to the hearing, but only 16 are allowed into the courtroom.

    Witnesses in the Shayapov case are being questioned, including the wife of the late Yuri Kim, who was involved in another criminal case. The rest of the witnesses say that they do not know Victor. There are discrepancies in their testimonies with what they said during the interrogation earlier. They confirm that they did not hear any calls for the overthrow of the government and violence from the defendant.

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    The questioning of witnesses in the case continues. A neighbor of the Shayapovs says she has nothing bad to say about their family.

    A secret witness "Makarov" is being interrogated. She claims that Victor was a member of a local religious organization and that he himself told her about it, but this is not true. At the same time, she confirms that it is not necessary to be a member of a legal entity of the church in order to attend it.

    The third witness being questioned says that he does not know Shayapov personally. He called the continuation of the activities of the banned organization the usual communion of believers, which was not stopped.

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    The court session is held behind closed doors, because during the hearing the prosecutor reads out transcripts of not only audio recordings of worship services and Bible studies, but also personal conversations.

    The court gets acquainted with the materials of the case. Volumes 6 and 7 are selectively announced.

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    The Court continues to hear transcripts of meetings of believers with speeches that speak of the value of life and the importance of obedience to state authority.

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    The court reads out the 15th volume of the criminal case.

    Transcripts with texts of spiritual chants and lectures on how the Bible helps in life and strengthens the family are voiced.

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    The hearing is once again held behind closed doors. At the hearing, they continue to read out the 15th volume of the case, the content of which coincides with the 7th volume - transcripts of divine services and answers to religious questions of a secret witness, who appears in the case file under the name "Kristina".

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    The court continues to get acquainted with the audio recordings of Viktor Shayapov's conversations with a secret witness, during which "Kristina" asks questions, and Viktor answers her on the basis of the Bible. The believer draws the court's attention to the fact that the secret witness turned on the recording in advance and deliberately deduced their conversation on religious topics. Shayapov notes that the court should not take into account evidence obtained through provocation, but the judge ignores the defendant's arguments.

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    At the request of the defense, the court examines material evidence from the case file. Among them is a video about Jehovah's Witnesses from Venezuela, which tells about the hard work and mutual assistance of believers.

    Viktor Shayapov reads out an excerpt from a printed publication of Jehovah's Witnesses seized during the search. This is a text titled "Bible Principles That Strengthen the Family."

    The judge grants Viktor Shayapov's petition to study the book "About People Who Never Part with the Bible". This book about Jehovah's Witnesses, written by religious scholar Sergei Ivanenko, was also seized during the search. It is planned to be examined at the next meeting.

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    Several other audio recordings made by a secret witness are heard in court. Among them is a recording of a liturgical meeting at which the defendant's voice is heard. Viktor Shayapov, commenting on the audio recordings, notes that the terms used, such as "organization" and "elder", have a canonical meaning and are not legal terms. He also draws the court's attention to the fact that believers do not impose their opinions on anyone and respect the point of view of others, that there are no calls for hatred, enmity and violence in the fragments listened to, that the decision to serve God is a personal desire of each person. Shayapov says that at divine services he and his fellow believers learn "to love their neighbors, not to harm anyone, to be faithful to their life partner and to take care of children."

    With the judge's permission, Viktor Shayapov reads excerpts from the book of religious scholar Ivanenko, including a description of the Bible-based creeds of Jehovah's Witnesses.

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    At the request of the defendant, the court shall examine the materials seized during the search. Among them are several texts on the topics: "What is the use of honesty?", "What is the benefit of good deeds?", "How to cope with the pain of loss?", "What is God planning for people?".

    Shayapov is petitioning for a new comprehensive psychological, linguistic and religious examination. The defendant believes that serious mistakes were made during the previous examination and that there is reason to doubt the competence and impartiality of the experts. The court shall postpone the decision on this motion to the next hearing.

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    10 people come to court. Everyone is allowed to attend the hearing.

    The prosecutor objects to a new psychological, linguistic and religious examination. The judge rejects the petition.

    Viktor Shayapov states that he did not have the opportunity to ask the experts questions, therefore, at the request of the defense, the judge decides to invite the experts Loginova, Nikonov and Yarkin for questioning.

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    The court shows the defendant an official document with the reason for the absence of experts from the autonomous non-profit organization "Penza Forensic Laboratory". It says that "specialists Yarkin and Nikonov are on vacation until 09/30/2022", nothing is said about the third, Elena Loginova.

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    The prosecutor requests a sentence for Viktor Shayapov: a suspended sentence of 4 years with a probationary period of 10 months.

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    "I am not guilty either before the state, or before the people, or before God. My conscience is clear... I just profess religious views that are not prohibited by law," Viktor Shayapov made his last word in the Nikolsky District Court.

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