The Case of Kuzo and others in Yalta

V. A. Novikov, Senior Investigator of the First Investigation Department of the Department for Investigation of Particularly Important Cases of the Main Investigative Directorate of the Investigative Committee of the Russian Federation for the Republic of Crimea and the City of Sevastopol, initiates a criminal case against Taras Kuzyo.

Because of his belief in Jehovah God, the believer is accused of "committing a deliberate grave crime of an extremist nature, for which a maximum penalty of imprisonment for up to 8 years is provided." The investigation charges the believer with "financing an extremist organization" (part 1 of article 282.3 of the Criminal Code of the Russian Federation).

In Yalta, a series of searches are taking place in at least 9 homes of Jehovah's Witnesses, including the home of Taras Kuzio. Electronic devices and Bibles are seized from the believer. After a search and interrogation, he was sent to the Bakhchisarai temporary detention facility.

A search is also taking place in the home of Sergey Lyulin.

The judge of the Kiev District Court of Simferopol, V. V. Krapko, refuses to allow the investigator to detain a believer. Taking into account that Taras has two minor children, the court sends him under house arrest.

From April to July, investigative actions are underway. The investigator summons Taras Kuzio's wife for questioning, and also appoints him to conduct several examinations - three handwriting and psychological and psychiatric.

The believer remains under house arrest. Even the Supreme Court of the Republic of Crimea does not satisfy his appeal to mitigate the measure of restraint. Taras explains: "Being under house arrest, I am separated from my family and deprived of the opportunity to take care of them."

In Yalta, 33-year-old Petr Zhiltsov, who was previously involved as a witness in the case of Taras Kuzio, is detained. Senior Investigator of the Second Investigation Department (for the investigation of cybercrimes and crimes in the field of high technologies) of the First Investigation Department of the Department for Investigation of Particularly Important Cases of the Main Investigative Directorate of the Investigative Committee of the Russian Federation for the Republic of Crimea and the city of Sevastopol, Senior Lieutenant of Justice V.A. Novikov initiates a criminal case against the believer under Part 1 of Article 282.3 and accuses him of "committing intentional grave crimes of an extremist nature, for which there is a maximum penalty of imprisonment of up to 10 years." The investigation charges the believer with "financing an extremist organization" and "organizing the activities of an extremist organization."

In addition, Novikov initiates a criminal case against Zhiltsov, as well as Daria Kuzo, the wife of Taras Kuzo, Sergey Lyulin and Tadevos Manukyan, under Part 1 of Article 282.2 of the Criminal Code of the Russian Federation. In relation to Daria, a preventive measure is chosen in the form of a written undertaking not to leave the place.

All criminal cases against believers are combined into one - the case of Kuzo and others in Yalta.

Decisions were made on the appointment of additional handwriting forensic examinations in relation to Daria Kuzo, Petr Zhiltsov, Sergey Lyulin and Tadevos Manukyan.

Not far from Belgorod, investigator Novikov and other police officers, dressed in civilian clothes, detain Sergei Lyulin. They push the believer into the luggage compartment of the minibus, handcuffing his hands to handrails under the ceiling on both sides of the cabin, and tape his legs to the seat. In this position, Sergey is taken to the Simferopol pre-trial detention center. The journey takes 16 hours. On the way, employees sometimes offer Sergey food or drink, but he refuses.

The Kievsky District Court of Simferopol decides to detain Sergey Lyulin until September 4, 2021.

In Evpatoria (160 km from Yalta), a search in the apartment of a bedridden patient takes place for two hours. For his medical examination, operatives call an ambulance.

Special measures are carried out on the basis of the relevant decision of the judge of the Kiev District Court of Simferopol E. S. Pronin, issued in response to the petition of investigator V. A. Novikov. It was he who had previously opened a criminal case against the Kuzio family.

According to the investigation, Jehovah's Witnesses meet in the apartment to discuss the Bible. After a two-hour search, law enforcement officers do not seize anything and apologize to the residents, saying that they came on a call, which turned out to be false.

The lawyer visits Sergey Lyulin in the pre-trial detention center. The believer says that at first he was kept in a cell with 15 prisoners, many of whom smoked and used foul language. Because of the noise, it was hard to sleep at night. In August, Sergey suffered from COVID-19.

Later, the believer was transferred to a special unit. He is now being held in a double cell. Conditions and well-being are satisfactory, goes for walks. Another prisoner is being held in the cell together with Sergey. The believer receives letters of support and responds to them - he manages to write 4 letters a day.

According to defense lawyer Taras Kuzio, during each trial, the believer asks to be allowed to take short walks to visit the pharmacy and shop. However, the judge continues to refuse his request.

The court softens the measure of restraint for Sergey Lyulin and transfers him from custody to house arrest. The believer was detained for 203 days.

The case goes to the Yalta City Court.

The Yalta City Court is considering a petition to change the measure of restraint for Taras Kuzo, Sergey Lyulin and Petro Zhiltsov. The court decides to change their measure of restraint from house arrest to prohibition of certain actions.

A prosecution witness is being questioned, who states that he does not know any of the defendants and has never seen them.

Then Professor, Head of the Department of Religious Studies of the Crimean Federal University Olga Griva speaks. Based on the testimonies of classified witnesses, signatures in the contract of sale of the worship building and receipts for payment of utilities, she assigns Taras Kuzo, Sergey Lyulin and Pyotr Zhiltsov the status of "activists and leaders of the organization of Jehovah's Witnesses banned in the territory of the Russian Federation." She also says that the religion of Jehovah's Witnesses is not prohibited in Russia, however, in her opinion, believers can practice it from their homes. She characterizes the liturgical meetings of believers as the activity of a banned legal entity, not a religious group. The expert admits: "I have not seen the term 'religious groups' in the law" (The definition of a religious group is given in the Federal Law "On Freedom of Conscience and Religious Associations" – Ed.).

The court interrogates the last secret witness, who refuses to answer most of the questions, arguing that the answers can declassify him.

The court interrogates a defense witness who explains that "the LRO dealt exclusively with economic and legal issues."

All the defendants testify.

The prosecutor asks for severe punishment for believers: 7.5 years in a general regime colony for Taras Kuzo, 7 years for Pyotr Zhiltsov and Sergey Lyulin, and 3.5 years for Darya Kuzo with a reprieve of punishment until her youngest child reaches 14 years of age. Now he is 8 years old.

The court is interrogating a defense witness from Mineralnye Vody. He reports that during the period when, according to the investigation, Sergey Lyulin carried out criminal activities in Yalta, the believer and his wife lived in Mineralnye Vody.

The defendants give their last word before sentencing. All of them consider themselves innocent and ask the judge to acquit them.

Pyotr Zhiltsov is transferred to pre-trial detention center No. 2 in the Republic of Crimea and Sevastopol.

Pyotr Zhiltsov feels well, but for about three months he has not received letters. He is regularly taken for a walk, during which he tries to do physical exercises.

Sergey Lyulin and Taras Kuzio are worried about their loved ones. They are helped by letters of support. The administration and cellmates treat them with respect.

All believers have the opportunity to read the Bible.

The case materials are transferred to the Yalta City Court. It will be considered by judge Kristina Kirillova.

The retrial of the case begins. 12 listeners are allowed in the courtroom. The judge rejects the request of the defense to return the case to the prosecutor.

The prosecutor reads out the charges. All four defendants claim that the charges are illegal, unfounded and unfair.

Taras Kuzo says: "I have been practicing my faith for more than 20 years... And I sincerely wonder why all these years I was not considered an extremist because of my faith and suddenly became one." He also states: "The investigation should have seen the difference between the peaceful worship of God and the commission of socially dangerous acts filled with hatred and enmity."

His wife, Darya, adds: "My family and I are actually victims in this criminal case. On the part of the preliminary investigation authorities, I, my husband and our children have been repeatedly subjected to humiliation of human dignity on the basis of our religion."

Petr Zhiltsov asks the question: "Can I continue to practice the religion of Jehovah's Witnesses in such a way that it is not regarded as a continuation of the illegal activities of a liquidated legal entity?" He continues: "The text of the indictment, unfortunately, contains only general phrases, from which it is impossible to get an answer."

Sergey Lyulin sums up: "My family and I cannot exercise our constitutional right and worship God within the framework of the law."

The prosecutor files a motion to challenge Judge Kristina Kirillova on the grounds that she was a secretary at the trial of Artem Gerasimov in 2020. The state prosecutor doubts its objectivity. The defense objects, as it believes that the materials of the Gerasimov case are not relevant to the Kuzo case, and note the professionalism of the judge. The court grants the prosecutor's request.