Case of Stepanov and Sivak in Sergiyev Posad

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    Under the heading "secret" in the Central Internal Affairs Directorate for the Moscow Region, a plan of operational-search measures is approved against followers of the religion of Jehovah's Witnesses in the Sergiev Posad district.

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    Following the plan, operatives S. Chumachkov and N. Luchikhin, feigning interest in religion, twice come to peaceful services. They record the Bible program on hidden video cameras mounted in the borsette and items of clothing.

    The video materials are transferred for "examination" to Natalia Nikolaevna Kryukova, a mathematics teacher who collaborates with the Russian Institute of Cultural Studies.

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    Expert N. Kryukova single-handedly signs the Certificate of Research, in which she reports on signs of extremism in the Bible discussions recorded on camera. The topics of these discussions are noteworthy: "Conquer evil by restraining anger" and "What reputation do you deserve before God."

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    The results of the secret operation and the Certificate are transferred to the Investigative Committee (IC) of the Russian Federation for verification.

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    The Investigative Committee of the Russian Federation does not see corpus delicti in the actions of believers, therefore it refuses to initiate a criminal case.

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    Investigator M. Dukhovnev issues a decision to initiate a criminal case under Part 2 of Article 282 of the Criminal Code of the Russian Federation (incitement of hatred or enmity committed by an organized group). More than 2 years of preliminary investigation begins.

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    The homes of Jehovah's Witnesses in Sergiev Posad are being searched.

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    Vyacheslav Stepanov and Andrey Sivak are charged under Part 2 of Article 282 of the Criminal Code of the Russian Federation.

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    Expert N. Kryukova (mathematics teacher) in collaboration with V. Batov signs a new linguistic examination performed in the framework of a criminal case.

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    Expert N. Kryukova in collaboration with V. Batov signs another linguistic examination carried out in the framework of the criminal case.

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    The investigator "puts on the wanted list" and then "discovers" Stepanov and Sivak. Both live at their place of residence and are unaware of the actions of the investigator, who thus artificially prolongs the period of the preliminary investigation.

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    Expert N. Kryukova in collaboration with V. Kotelnikov and A. Tarasov signs another linguistic examination performed in the framework of a criminal case. Each time, the expert detects signs of extremism in the words of believers. According to experts, the defendants incited hatred by saying: "We do not want to lead an empty life that does not have a great value, like most people. They have no goals and no meaning in life and, unfortunately, are unhappy... They are not interested in the creator of all living things."

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    The investigator again "puts on the wanted list", and then "discovers" Stepanov and Sivak. Both invariably reside at their place of residence and are unaware of the actions of the investigator, who artificially prolongs the period of the preliminary investigation.

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    For the third time, the investigator "put on the wanted list" and then "discovers" Sivak and Stepanov. Both still live at their place of residence and are unaware of the actions of the investigator, who artificially prolongs the period of the preliminary investigation.

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    Hearings in the Sergiev Posad City Court presided over by Judge Elena Aminova. The interests of believers are represented by lawyers Viktor Zhenkov and Dmitry Kolobov.

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    Sivak and Stepanov are included in the official List of terrorists and extremists (No. 5323 and No. 5234) with the publication of their personal data in the "Rossiyskaya Gazeta" dated 19.10.2015. As a result, Andriy Sivak, the father of three children, is deprived of employment in a state institution.

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    ANO "Laboratory of Applied Linguistics" gives a review of the expert opinions of N. Kryukova and others. Inversion of generally accepted assessments occurs in cases where the object of evaluation is hostile, negatively assesses the positive qualities of the enemy. In other words, it follows from the text of the examination that it is not Jehovah's Witnesses who are hostile to people, but experts V.S. Kotelnikov, N.N. Kryukova and A.E. Tarasov are hostile to Jehovah's Witnesses."

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    By court order, the Russian Federal Center for Forensic Expertise under the Ministry of Justice of the Russian Federation conducts a re-examination of worship services filmed on a hidden camera and concludes that there are no signs of extremism.

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    The Moscow Regional Court, at the request of the prosecutor, cancels the acquittal and sends the case for a new trial to the Sergiev Posad City Court.

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    In the course of the retrial, expert N. Kryukova is interrogated, who admits that she assesses the religious direction of Jehovah's Witnesses negatively and that her assessment of words and expressions depends on the representative of which religious direction pronounces them.

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    Retrial (court of first instance)

    Judge Lilia Baranova, who has been assigned to the case, proceeds to its retrial.

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    The Sergiev Posad City Court continues to consider the criminal case against Vyacheslav Stepanov and Andrey Sivak. Believers are being interrogated.

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    Hearing in a court of the first instance Acquittal Retrial (court of first instance)
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    Hearing in a court of the first instance

    The court hearing is ongoing, scheduled in connection with the analysis of the newly appointed and submitted to the court examination of video recordings and spiritual sermons of believers.

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    Hearing in a court of the first instance Expert studies with violations
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    Court hearings are underway.

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    The court shall pass an acquittal for the second time. Earlier, on March 4, 2016, the court had already found Vyacheslav Stepanov and Andrey Sivak innocent, but at the request of the prosecutor's office, the case was re-examined by another judge. Wishing to justify the long-term illegal persecution of believers, the prosecutor's office will again appeal against the second acquittal.

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    Acquittal Retrial (court of first instance)
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    The Moscow Regional Court upholds the acquittal of two Jehovah's Witnesses from Sergiev Posad. In order to establish the innocence of Vyacheslav Stepanov and Andrey Sivak, law enforcement agencies and the court took more than seven years.

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    Court of Appeal Art. 282.2 (2) Expert studies with violations
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