Case of Ershov in Seversk

Case History

Since March 2020, Kira Klisheva, who portrayed an interest in the Bible, recorded the worship services of Jehovah’s Witnesses from her computer and handed them over to the FSB. Soon, employees of the Investigative Committee raided the house of Alexei Ershov, a former deputy of the city Council of People’s Deputies. In March 2021, the case against the pensioner was separated into a separate proceeding from the case of Yevgeny Korotun. Ershov was accused of participating in worship services, saying prayers and singing religious songs. In July 2021, the case was submitted to the Seversky City Court of the Tomsk Region, it was considered by Judge Yalchin Badalov. The prosecutor suggested that the court consider Yershov as an organizer, not a member of an extremist community, and sentence him to 5 years in prison. In January 2022, the court sentenced Yershov to 3 years in a penal colony. He was taken into custody in the courtroom. In April 2022, the court of appeal replaced the sentence with 3 years of probation.

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    Search Elderly

    At the same time, at about 9 a.m., officers of the Investigative Committee and the FSB invaded the homes of Sergey Belousov, Andrey Kolesnichenko, Andrey Ledyaykin, Alexei Ershov and Yevgeny Korotun. 50-year-old Kolesnichenko and 31-year-old Ledyaikin are detained by FSB officers at work, after which searches are conducted at their homes. The search of 67-year-old Aleksey Ershov lasts about 5 hours. His wife is not allowed into the apartment, but later taken for interrogation with her husband and daughter.

    One of the believers later said: "We opened the door because it was almost broken down. About 10 people entered the apartment and began to search. My son and I were kept in a stairwell for several hours. The neighbors took out a chair and some food." Lieutenant Sergey Mamontov, senior investigator of the investigation department for the Leninsky district of Tomsk, asks Kolesnichenko why he "does not attend the Orthodox or Catholic Church."

    Law enforcement officers confiscate electronic devices, various editions of the Bible, notebooks, Wi-Fi routers, video cameras, photos, postcards, bank cards, foreign passports and even volumes of Victor Hugo and Leo Tolstoy from believers.

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    Case initiated Elderly Art. 282.2 (2)

    The Investigation Department for the Closed Administrative District of Seversk of the Investigative Committee of the Investigative Committee of the Russian Federation for the Tomsk Region is initiating a criminal case under Part 2 of Article 282.2 of the Criminal Code of the Russian Federation against 68-year-old Aleksey Ershov. The criminal case is separated from the case against Yevgeny Korotun.

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    Recognizance agreement

    Alexei Ershov is chosen a preventive measure in the form of a written undertaking not to leave and proper behavior.

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    Interrogation Search

    The believer is formally charged on the basis of video recordings of worship services made by K. E. Klisheva from her home computer. The woman pretended to be interested in the Bible for about a year, collaborating with the FSB.

    The investigation accuses Aleksey Ershov of "taking part in a secret meeting in the form of a collective religious service ... consisting of audio and video playback... sequential singing of songs from a special collection of religious teachings of Jehovah's Witnesses and prayers to Jehovah God."

    The believer does not admit guilt and calls the criminal case "repression for faith, since religion is the only reason for criminal prosecution."

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    Case went to court

    The criminal case of Aleksey Ershov is submitted to the Seversky City Court of the Tomsk Region for consideration by Judge Yalchin Badalov. The first court hearing is scheduled for July 7.

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    Hearing in a court of the first instance

    The first court hearing is held.

    The prosecutor reads out the indictment. Aleksey Ershov pleaded not guilty to the crime. He says: "I have never carried out extremist activities. I consider the criminal case to be repression for my faith, since my religion is the only reason for criminal prosecution."

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    Interrogation

    Prosecution witness Kira Klisheva is being interrogated, on whose testimony the accusations against 5 more believers from Seversk are based.

    When asked on what grounds she determined that Jehovah's Witnesses are extremists, Klisheva gives the answer: "Because they pronounce the name of God - Jehovah."

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    Hearing in a court of the first instance

    The court hears the defense.

    Excerpts from the religious examination of Jehovah's Witnesses' publications are read out. It follows from it that these publications do not contain calls for violence, extremism and intolerance against representatives of other nations or religions.

    The lawyer also voices responses to the appeals of Jehovah's Witnesses to the ECHR and the Presidential Council for the Development of Civil Society and Human Rights. They indicate that the activities of Jehovah's Witnesses comply with the requirements of the European Convention, and the decisions of the courts of individual countries contradict it.

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    Prosecutor requested punishment Closing arguments for the defense

    Only the wife of Alexei Ershov is allowed to enter the courtroom.

    The judge attaches copies of certificates of honor and letters of thanks to the defendant to the case file.

    The court shall proceed to the pleadings of the parties. In his speech, the prosecutor refers to Klisheva's testimony, to her video recordings of worship services and an audio recording of a conversation with Ershov, as well as to materials collected during searches of the defendant's home.

    The prosecutor proposes to reclassify Ershov's charge from Part 2 of Article 282.2 of the Criminal Code of the Russian Federation (participation in the activities of an extremist organization) to Part 1 of Article 282.2 of the Criminal Code of the Russian Federation (organization of the activities of an extremist organization). He asks the court to sentence the believer to 5 years in a penal colony.

    The lawyer in his speech asks to acquit the defendant.

    The hearing is postponed to November 22, 2021 so that the prosecutor can prepare a remark.

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    Final statement Elderly In the courtroom
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    First Instance Sentence Art. 282.2 (2) Deprivation of liberty Elderly Art. 282.2 (1)

    Judge Yalchin Badalov sentenced Ershov to 3 years in a penal colony.

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    Detention center Letters

    It becomes known that Aleksey Ershov is awaiting an appeal in pre-trial detention center No. 1 in the Tomsk region. He can receive letters.

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    Transfer of a prisoner

    It becomes known about the transfer of Alexei Ershov to pre-trial detention center No. 2 in the city of Kolpashevo, which is 270 kilometers from Tomsk, in connection with repairs in pre-trial detention center No. 1 in the city of Tomsk.

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    Court of Appeal Suspended sentence Art. 282.2 (2) Elderly Secret witness Mitigation of punishment

    The panel of judges of the Tomsk Regional Court, chaired by Andrey Kaplyuk, replaces the sentence of Aleksey Ershov from Seversk with a 3-year suspended sentence.

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