Case of Komissarov in Porkhov

Case History

On April 3, 2019, in the city of Porkhov, FSB officers conducted an “operation of the FSB of the city of Pskov.” They broke into the apartments of local believers, conducting searches and interrogations. When they came to Sergei Komissarov, they threw him to the floor. The believer learned that the FSB of Russia in the Pskov region opened a criminal case against him and Aleksey Khabarov under Part 2 of Article 282.2 of the Criminal Code of the Russian Federation, accusing the believers of “participating in religious meetings” where they “talked about their faith, read the Bible, discussed issues related to this scripture, and sang religious songs.” On March 16, 2020, Komissarov’s case was separated into separate proceedings. The believer made a written request for help to the Commissioner for Human Rights in the Russian Federation Tatyana Moskalkova, as well as the Commissioner for Human Rights in the Pskov Region Dmitry Shakhov.
Timeline

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    Case initiated Art. 282.2 (1)

    Irina Pravdivtseva, an investigator for particularly important cases of the Investigative Department of the FSB of Russia in the Pskov region, is initiating a criminal case for faith under Part 1 of Article 282.2 of the Criminal Code against believers in the city of Porkhov.

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    Search Violence by law enforcement officers Interrogation Recognizance agreement

    The "operation of the FSB of the city of Pskov" begins, during which searches are carried out in two houses of believers. Breaking into one of them, the security forces attack 52-year-old Sergei Komissarov, striking him on the head. Sergey, his wife, as well as 44-year-old Alexei Khabarov were taken for interrogation to the regional center - to the main Directorate of the FSB of Russia in the Pskov region. The men were taken on their own recognizance, they turn out to be suspects in a criminal case.

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    Interrogation Summon to report

    Khabarov and Komissarov were summoned for questioning at the FSB of the city of Pskov. Both have an obligation to appear. The investigator insists that the believers inform her about their movements.

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    Complaints

    Alexey Khabarov and Sergey Komissarov write to the Commissioner for Human Rights in the Russian Federation, Tatyana Moskalkova, as well as the Commissioner for Human Rights in the Pskov Region, Dmitry Shakhov.

    "I am not a criminal, a murderer, a thief. My faith warns against all this. I try to behave honestly in everything and help others, "writes Khabarov.

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    Complaints

    In his response to Komissarov's request, the Pskov Region Human Rights Ombudsman explains that "current Russian legislation ... does not establish legal responsibility for thoughts, beliefs, views, views." In addition, "the internal, spiritual freedom of a person, including freedom of religion, guaranteed by the Constitution of the Russian Federation, is not limited by legislative acts." In other words, "the spiritual realm . . . is free, both from any interference and from legal regulation." At the same time, he asserts that "the confession of the doctrine of the religious organization of Jehovah's Witnesses should not be expressed in behavior that violates the prohibitions established by law" (emphasis added).

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    Case initiated

    The criminal case against Sergey Komissarov is separated into a separate proceeding from the case of Alexei Khabarov. The case is assigned No. 42007580001000012.

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