Oleg and Agnessa Postnikov in front of the courthouse

Oleg and Agnessa Postnikov in front of the courthouse

Oleg and Agnessa Postnikov in front of the courthouse

Unjust Verdicts

Verdict Against the Postnikovs Was Upheld in a Second Hearing at Court of Appeal in Birobidzhan: Suspended Sentences of 4.5 and 5.5 Years

Jewish Autonomous Area

On October 24, 2023, the court of the Jewish Autonomous Region considered for the second time the appeal of Oleg and Agnessa Postnikov against the guilty verdict for practicing the religion of Jehovah's Witnesses. The verdict was upheld: Oleg received a 5.5-year suspended sentence, Agnessa — a 4.5-year suspended sentence with a 5-year probation period.

In their appeal against the guilty verdict, the believers drew attention to the fact that instead of establishing specific criminal actions and extremist motives, the court of first instance only revealed their religious affiliation, which they did not hide. Oleg Postnikov noted: "The verdict contradicts the RF Constitution, Criminal Code and explanations of the Plenum, according to which, after a court decision to liquidate a religious organization, subsequent actions of citizens that are exclusively religious in nature do not constitute a crime." The believers maintain their innocence and can appeal the verdict in the cassation procedure.

This is already the second appeal in the case of the Postnikovs. In 2022, the court of first instance gave them suspended sentences of 5.5 and 5 years; the court of appeal overturned the verdict and sent the case for a new trial. The believers were given suspended sentences of 5.5 and 4.5 years by a different panel of judges.

The criminal prosecution of the Postnikovs began in May 2018. Their house was raided as part of the special operation, "Judgment Day". The charges against the couple were based on the testimony of a police officer and another woman feigning interest in studying the Bible, in whose house a hidden video camera was installed to record conversations.

According to the ruling of the RF Supreme Court, "the joint performance of rites and ceremonies [of Jehovah's Witnesses] does not in itself constitute a crime under Article 282.2(2) of the RF CrC, despite the liquidation of their legal entities."

The Case of the Postnikovs in Birobidzhan

Case History
In May 2018, a special operation of the FSB with the participation of 150 law enforcement officers, codenamed “Judgement Day”, took place in Birobidzhan. Oleg and Agnessa Postnikov were among the 20 Jehovah’s Witnesses who became victims of criminal prosecution. The FSB accused them of participating in the activity of an extremist organization and involving others in it. The couple was made to sign a recognizance agreement. The case went to court in June 2021. The charges against the believers were based on the testimony of police officer Zvereva and another resident of Birobidzhan, who pretended that she was interested in the Bible. In April 2022, the court gave Oleg and Agnessa suspended sentences of 5.5 and 5 years, respectively. The court of appeal overturned this decision and in October 2022 returned the case for a new trial, which resulted in suspended sentences of 5.5 and 4.5 years. Another hearing at the court of appeal upheld the verdict. In February 2024, another search took place at the Postnikovs’ home, but as part of a new raid by law enforcement officers on the homes of believers. In July 2024, the court of cassation upheld the decision of the court of appeal.
Timeline

Persons in case

Postnikov
Oleg
Postnikova
Agnessa

Criminal case

Region:
Jewish Autonomous Area
Locality:
Birobidzhan
Suspected of:
According to the investigation, "taking an active part in conducting religious events for studying and disseminating ... ideology"
Court case number:
12007990001000009
Initiated:
February 12, 2020
Current case stage:
the verdict entered into force
Investigating:
Investigative Department of the FSB Directorate of Russia for the Jewish Autonomous Region
Articles of Criminal Code of Russian Federation:
282.2 (2), 282.2 (1.1)
Court case number:
1-39/2023 (1-718/2022)
Court:
Birobidzhan District Court of the Jewish Autonomous Region
Judge of the Court of First Instance:
Olga Klyuchikova
Case History
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