Photo: Valery Moskalenko near the courthouse in Khabarovsk

Photo: Valery Moskalenko near the courthouse in Khabarovsk

Photo: Valery Moskalenko near the courthouse in Khabarovsk

Criminal Investigation and Trial

2 years and 2 months of forced labor and 6 months of restricted freedom for reading the Bible. Valery Moskalenko at large, but with a guilty verdict

Khabarovsk Territory

Two years and two months of forced labor and another six months of restriction of freedom - this is the sentence handed down to Valery Moskalenko by the Zheleznodorozhny District Court of Khabarovsk on September 2, 2019. At the same time, the court did not support the petition for a prison term for a peaceful believer convicted of reading the Bible.

On the morning of September 2, 2019, Judge Ivan Belykh announced the verdict, in which he only partially supported the position of the prosecutor's office. The prosecutor called for the believer to be sent to jail for three years under Part 2 of Article 282.2 of the Criminal Code of the Russian Federation (participation in extremist activities). The key episode for the prosecution was the events that took place on April 21, 2018 in the conference hall of the Yerofey hotel complex. There, Moskalenko quoted the words of Jesus Christ from the Sermon on the Mount. A ten-minute audio recording of the reading of this passage with commentary formed the basis of the indictment.

After the verdict was announced, 52-year-old Valery Moskalenko was released from custody in the courtroom to the delight of his family and friends. He has been in jail for more than a year, since August 2, 2018. Before being taken into custody, he worked as an assistant locomotive driver and cared for his sick mother. Under the terms of restriction of freedom, he cannot travel outside Khabarovsk and must report to the penitentiary inspectorate once a month.

The believer's defense believes that a guilty verdict for believing in God and quoting the words of Jesus Christ cannot be considered legitimate, so it intends to appeal the verdict.

In addition to Valery Moskalenko, 7 more believers in the Khabarovsk Territory are awaiting sentences for similar "crimes". In this Russian region, as in many others, law enforcement officers deny citizens the right to practice the religion of Jehovah's Witnesses, which contradicts not only Article 28 of the Constitution of the Russian Federation, but also the position of the Government and the President of the Russian Federation.

Case of Moskalenko in Khabarovsk

Case History
On November 5, 2019, the Khabarovsk Regional Court handed down the final verdict in the case of Valeriy Moskalenko - a fine of 500,000 rubles. Previously, the Zheleznodorozhny District Court sentenced the peaceful believer to 2 years and 2 months of forced labor and 6 months of restricted freedom. The believer was charged under Part 2 of Article 282.2 of the Criminal Code on the grounds that on April 21, 2018, he, “acting intentionally”, “with observance of conspiracy measures”, participated in a worship service of Jehovah’s Witnesses. The believer was thrown behind bars in August 2018 after the Khabarovsk FSB searched Valeriy’s home in his absence. For more than a year, the elderly single mother was deprived of her son’s support. In court, the expert stated that the words from Christ’s Sermon on the Mount, which Moskalenko discussed among fellow believers, “are evidence of exclusivity propaganda and a call to continue the activities of a banned organization.” The prosecution also relied on the testimony of a witness, who stated in court that he did not know Valeriy and did not sign the interrogation protocol. The believer does not agree with the verdict and is appealing to the European Court of Human Rights.
Timeline

Persons in case

Criminal case

Region:
Khabarovsk Territory
Locality:
Khabarovsk
Suspected of:
according to the investigation, together with others he conducted religious services, which is interpreted as “organising the activity of an extremist organisation” (with reference to the decision of the Russian Supreme Court on the liquidation of all 396 registered organisations of Jehovah’s Witnesses)
Court case number:
11807080001000036
Initiated:
August 1, 2018
Current case stage:
the verdict entered into force
Investigating:
Investigative Department of the Directorate of the FSB of Russia for the Khabarovsk Territory
Articles of Criminal Code of Russian Federation:
282.2 (2)
Court case number:
1-551/18
Case History
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