Case of Alyev in Rostov-on-Don

Case History

Ruslan Alyev, a native of the Krasnoyarsk Territory, spent about 1.5 years under house arrest while the First Investigation Department (based in Rostov-on-Don) of the Investigative Committee of the Russian Federation conducted an investigation into how he prayed, read the Bible and talked with his wife and friends about their common faith. Alyev was accused of participating in extremist activities. Among the evidence against Ruslan was the testimony of a secret witness, whose words were accepted by the judge of the Leninsky District Court of the Rostov Region, Vladimir Strokov, even without questioning. The court also did not give the defense the opportunity to question a secret witness. In December 2020, Ruslan Alyev was found guilty. On March 1, 2021, the Rostov Regional Court, by an appeal decision, upheld the sentence of 2.5 years of suspended imprisonment imposed on him. The court of cassation did not satisfy the believer’s appeal against the appeal decision.

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    June 6, 2019

    The First Investigation Department (located in Rostov-on-Don) of the Main Investigation Department of the Investigative Committee of the Russian Federation initiates a criminal case, accusing Ruslan Alyev of participating in religious meetings and campaigning among persons who are not followers of the religious teachings of Jehovah's Witnesses.

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    June 10, 2019

    Ruslan Alyev is detained in Rostov-on-Don. A few hours later, it became known about the detention of 22-year-old Rostov resident Semyon Baibak.

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    June 11, 2019

    The court places house arrest on Alyev and Baibak. They leave the pre-trial detention center after spending a day behind bars.

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    November 19, 2019

    In the Leninsky district court of Rostov-on-Don, a hearing is being held to extend the measure of restraint. Judge Snezhana Fedorova closes the hearing and does not allow the support group and the only journalist who came to cover the trial to the hearing. The court extends the term of house arrest for Alyev by two months. The lawyer is determined to appeal the decision. At the exit from the courthouse, relatives and fellow believers greet Ruslan with applause and shouts: "Ruslan, we are with you!".

    On the same day, the court extends the house arrest of Semyon Baybak until February 6, 2020.

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    November 27, 2019

    About 30 relatives, friends and fellow believers come to the Rostov Regional Court to consider the appeal about the arrest of Alyyev, only half of those who wish to enter the hall. The lawyer claims that there is no evidence in the case of Alyyev's guilt in a serious crime. He is judged only for his faith. However, the judge refuses to let Ruslan go.

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    December 31, 2019

    The judge of the Leninsky District Court again does not allow listeners to attend the meeting, about 50 people are forced to wait for the decision of Ruslan's fate on the street. The court considered the arguments of the parties in no more than 10 minutes and extended house arrest until February 5, 2020. In the meantime, according to Ruslan Alyyev's relatives, dental problems are progressing against the background of stress.

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    February 4, 2020

    Judge of the Leninsky District Court Strokov extends the term of house arrest of Ruslan Alyev for another 3 months - until May 5, 2020.

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    April 29, 2020

    The court extends the house arrest of Ruslan Alyev and Semyon Baibak until June 5, 2020.

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    May 8, 2020

    Ruslan Alyev and Semyon Baibak are charged with committing a crime (in the final version) - participation in the activities of an extremist organization (part 2 of article 282.2 of the Criminal Code of the Russian Federation). In addition, Semyon Baybak was also charged with financing an extremist organization (Part 1 of Article 282.3 of the Criminal Code of the Russian Federation).

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    June 5, 2020

    The judge of the Rostov Regional Court is considering the petitions of the investigator of the Main Investigation Department of the Investigative Committee of the Russian Federation Kalnitsky to extend the house arrest of Ruslan Alyev and Semyon Baibak. The petitions are supported by the prosecutor of the department of the Prosecutor General's Office of the Russian Federation Levchenko.

    As a result, Judge Ruslan Bakulev extends the term of house arrest for Baybak by 1 month and 10 days, i.e. until 07/19/2020, and Judge Boris Grigorov extends the term of house arrest for Ruslan Alyev by 2 months and 28 days until 09/05/2020. As a result, the total term of house arrest for Alyev will be 14 months 28 days, and for Baybak - 13 months and 10 days.

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    August 12, 2020

    In the Leninsky District Court of Rostov-on-Don, hearings on the merits of the case against Ruslan Alyev begin. Judge Vladimir Strokov extends Ruslan Alyyev's house arrest until December 2020. As a result, the total term of house arrest of Alyev will be about 1.5 years. The hearing was interrupted by a request for evacuation due to information received about the presence of explosive devices in several city courthouses. The next meetings are scheduled for 8 and 9 September 2020. The prosecutor will continue to announce the indictment.

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    September 8, 2020 Hearing in a court of the first instance

    Referee: Vladimir Strokov. Leninsky District Court of the Rostov Region (Rostov-on-Don, Pushkinskaya Street, 9).

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    September 22, 2020

    The Leninsky District Court of Rostov-on-Don continues to consider the criminal case of Ruslan Alyyev. During the court session, a religious scholar engaged by the investigator is interrogated. The state prosecutor asks the specialist questions about the structure of the religion of Jehovah's Witnesses. The prosecutor is interested in whether it is common for believers to be intolerant towards other people, to incite discord, to oppose the state and to treat state power with disrespect. The specialist answers these questions in the negative.

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    October 12, 2020

    A prosecution witness is being questioned in the Leninsky District Court of Rostov-on-Don. During the interrogation, the state prosecutor uses pressure tactics, including forcing the witness to disclose information about his religious affiliation and beliefs. Judge Vladimir Strokov ignores the protest from the defense and also asks questions about the convictions of the witness. He speaks negatively about the religious views of the interrogated in a raised voice and erroneously claims that the Supreme Court of the Russian Federation has banned Jehovah's Witnesses.

    The judge admits comparing religious groups of Jehovah's Witnesses with a terrorist organization, although the international community considers this denomination to be exclusively peaceful and condemns the repression of believers.

    The defendant and the defense counsel regard the judge's behavior as an undisguised bias towards the religious views of Ruslan Alyyev.

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    November 27, 2020

    A hearing is being held in the Leninsky District Court of Rostov-on-Don.

    The testimony of a secret prosecution witness who never appeared at the hearing is being announced. The testimony of Semyon Baibak, who was declared as a witness for the prosecution, is not disclosed, since he used Article 51 of the Constitution of the Russian Federation.

    A witness for the defense, the founder and former member of the board of the liquidated LRO, says that Aliyev was never a member of the LRO. When asked about the reasons for the creation of this legal body, the witness replies that the main purpose was the construction of a worship building in Rostov-on-Don and the import of literature. According to the witness, after the liquidation of the LRO, he holds worship services at home with his wife and does not meet with fellow believers, fearing that because of him they may face criminal prosecution. Pointing to Alyyev, the witness explains: "Even if people who are not associated with the LRO are tried, then what can the former founders expect?"

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    December 4, 2020 Hearing in a court of the first instance

    Judge Vladimir Strokov reads out the 8th volume of the materials of the criminal case and satisfies the request for interrogation of Ruslan Alyyev. The defendant gives explanations regarding the charge: "Extremism in any form contradicts my religious and personal beliefs. Over the years of studying the Bible and Bible principles, I have acquired a negative view of violence and any manifestation of disrespect for authority." He explains that his parents are of different nationalities and religions, so since childhood he respected different views and cultures.

    Alyev also read out several statements by the Russian authorities that by the decision of the Supreme Court of 20.04.2017, they "do not assess the doctrine of Jehovah's Witnesses, do not contain a restriction or prohibition to practice the above teachings individually." He further noted that in order to exercise his constitutional right to freedom of religion, he did not need a legal entity, either active or liquidated.

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    December 14, 2020 Prosecutor requested punishment Final statement

    During the debate in the Leninsky District Court of Rostov-on-Don, the prosecutor demands 3 years of suspended sentence for Ruslan Alyev with a probation period of 4 years. The verdict is scheduled for December 17.

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    December 17, 2020 First Instance Sentence

    The judge of the Leninsky District Court Vladimir Strokov announces the verdict: to find Ruslan Alyev guilty, to impose a sentence of 2.5 years of suspended imprisonment plus a probationary period of 2.5 years with the obligation to appear for registration once a month. The verdict has not entered into force and will be appealed.

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    February 15, 2021 Court of Appeal

    The appeal hearing is adjourned. It will be held in the Rostov Regional Court (Rostov-on-Don, Sotsialisticheskaya str., 164/35, letter A) on March 1, 2021 at 16:30. State prosecutors: Napalkova I.V. and Chebrikov A.P.

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    March 1, 2021 Court of Appeal

    The Rostov Regional Court is considering Ruslan Alyyev's appeal against the verdict of the court of first instance, which on December 17, 2020 found him guilty of extremism. The defense once again explains that the Supreme Court of the Russian Federation did not ban the religion of Jehovah's Witnesses. By participating in worship services and talking to people about his faith, Ruslan Alyev exercised his constitutional right to freedom of religion. Thus, although the decision of the Supreme Court of the Russian Federation of 20.04.2017 did not oblige the defendant to renounce his faith in God, the actual purpose of the court verdict is to force him to change his religion or leave the Russian Federation under pain of criminal prosecution.

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    March 2, 2021
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    November 24, 2021

    The Fourth Court of Cassation of General Jurisdiction is holding a hearing via videoconferencing on Ruslan Alyyev's complaint against the appeal ruling upholding the believer's conviction.

    The presiding judge Skachkov, with the participation of judges Maslova and Ermakova, establish the identity of the convicted person and those present, read out excerpts from the complaint. The lawyer explains why he considers the verdict illegal, unjustified and refers to additions to the decision of the Plenum of the Supreme Court of Russia dated October 28, 2021.

    The panel of judges retires to the deliberation room for a few minutes, after which it announces the decision to leave the complaint without satisfaction. Ruslan intends to appeal this decision to the Supreme Court of the Russian Federation.