Criminal trial

An Appeal in Primorye Overturned the Acquittal of Dmitriy Barmakin. The Case Is Sent for Retrial

Primorye Territory

On April 8, 2022, a panel of judges of the Primorye Territory Court chaired by Tatyana Myshkina granted the prosecutor's appeal against the acquittal Dmitriy Barmakin, one of Jehovah’s Witnesses. The verdict was canceled, the case was sent for a new trial to the court of first instance.

In November 2021, Judge Stanislav Salnikov of the Pervorechensky District Court of Vladivostok acquitted Dmitriy Barmakin. After examining the evidence presented by the investigation, he concluded that "Barmakin D. V. never carried out extremist activities," but "realized his right to freedom of conscience and religion." However, the prosecutor asked the higher court to overturn the acquittal and remand the case for a new trial.

The persecution of Jehovah's Witnesses in Russia causes great resonance in the legal community. The ECHR, the Committee of Ministers of the Council of Europe, the UN Working Group on Arbitrary Detention are just some of the organizations condemning the repression of Jehovah's Witnesses.

The Case of Barmakin in Vladivostok

Case History
Dmitriy Barmakin moved to Vladivostok from Crimea to take care of his sick mother-in-law and her elderly mother. In July 2018, law enforcement officers in masks and with weapons broke into their house to search it. Dmitriy was arrested, and he spent 1.5 years in a pretrial detention center. The judge returned the criminal case to the prosecutor due to the ambiguity of the charges, stating in the ruling that freedom of religion is the constitutional right of Barmakin as any citizen of the Russian Federation. In April 2021, the case went to court again, and 7 months later, judge Stanislav Salnikov fully acquitted the believer. In April 2022, the regional court overturned this verdict and sent the case for a new trial. Barmakin was sentenced to 8 years in a penal colony. In August 2023, a court of appeal overturned this verdict also, released him and sent the case for a third trial to the court of first instance. This decision was appealed by the prosecutor, and the court of cassation sent the case to the court of appeal comprising a different panel of judges, which in February 2024 upheld the verdict — 8 years in a penal colony.
Timeline

Persons in case

Barmakin
Dmitriy

Criminal case

Region:
Primorye Territory
Locality:
Vladivostok
Suspected of:
According to the investigation, together with others, he conducted worship services, which is interpreted as "organizing the activities of an extremist organization" (with reference to the decision of the Supreme Court of the Russian Federation to liquidate all 396 registered organizations of Jehovah's Witnesses)
Court case number:
11802050005000051
Initiated:
July 27, 2018
Current case stage:
the verdict entered into force
Investigating:
Investigative Directorate for the Pervorechensky District of Vladivostok of the Investigative Directorate of the Investigative Committee of the Russian Federation for the Primorsky Territory
Articles of Criminal Code of Russian Federation:
282.2 (1)
Court case number:
1-43/2023 (1-391/2022; 1-305/2021; 1-21/2020; 1-388/2019)
Court of First Instance:
Первореченский районный суд г. Владивостока
Judge of the Court of First Instance:
Лариса Смоленкова
Case History