Legal Victories

ECHR Again Sided With Jehovah's Witnesses. Consideration of Complaints Filed Before Russia's Withdrawal From Court Jurisdiction Completed

Moscow,   Kurgan Region,   Trans-Baikal Territory,   Orenburg Region

On March 26, 2026, the European Court of Human Rights published judgments on complaints filed by 30 individual believers and four legal entities.

These are the last complaints against the Russian Federation filed by Jehovah's Witnesses with the European Court before September 16, 2022, the moment of Russia's withdrawal from the jurisdiction of the ECHR. They were combined into five cases. Considering the case of Kutsenko v. Russia, the ECHR found that in February 2020, a resident of Chita, Vadim Kutsenko, was mistreated by law enforcement officers. The State failed to protect the physical well-being of someone in vulnerable detention. The authorities refused to conduct a full-fledged criminal investigation into the use of violence against the believer. It is noteworthy that in 2021, the charges of "organizing the activities of an extremist organization" were dropped from him, but three and a half years later the criminal prosecution resumed.

In the case of Suvorov and Others v. Russia, the European Court found that the authorities persecuted people for their religious beliefs, subjected them to illegal detention, and conducted unjustified searches. In this case, the Russian court saw "extremism" in the fact that believers gathered for a friendly evening in a café, where they held competitions, played jokes, sang songs and danced.

Such violations by the Russian law enforcement system are described in the decision in the case of Tchaikovskiy and Others v. Russia. It concerned mass raids in Moscow in November 2020 and the subsequent criminal prosecution of local Jehovah's Witnesses. One of the applicants, Yuriy Chernyshev, sentenced to 6 years in a penal colony, recalls: "About 12 people broke into us with a search. It was early in the morning. They began to knock out the front door and at the same time several people, breaking the double-glazed window, began to enter the apartment through the broken window. We live on the fourth floor. For this, we used equipment with a lifting cradle." In a similar way, law enforcement officers consistently treat Jehovah's Witnesses in different regions of Russia.

As the ECHR found, the authorities did not prove the applicants' participation in any socially dangerous extremist activity, and the interference in their religious life "was based on an excessively broad interpretation of the legislation on extremism." According to the court's decision, Russia is obliged to pay compensation to the applicants, which totals 183,750 euros. One of the applicants on whom a decision on monetary compensation was made is Aleksandr Lubin. He passed away shortly after his conviction, without waiting for justice to be restored.

The Case of Lubin in Shadrinsk

Case History
In July 2021, in Shadrinsk, the Investigative Committee initiated a criminal case for faith against Aleksandr Lubin, an elderly man with a group II disability. His house was searched. The believer was sent to a pre-trial detention center for 1.5 months, despite the fact that he needed regular hospital treatment and could hardly move. According to the doctors' instructions, Aleksandr had to use an oxygen cylinder for 16 hours a day, which was impossible in prison. In August 2021, after a request from the ECHR and human rights activists, the court released Aleksandr from the pre-trial detention center. Ilya Yershov was also a defendant in this case, but the materials against him were separated into separate proceedings. In June 2023, Lubin's case went to court. During the trial, the prosecution questioned witnesses who were over 80. In October 2024, the court fined the believer 500,000 rubles (The prosecutor requested 7 years suspended). A month later, Aleksandr was taken to intensive care due to his deteriorating condition and died.
Timeline

Persons in case

Criminal case

Region:
Kurgan Region
Locality:
Shadrinsk
Suspected of:
"together with other persons unidentified by the investigation... organized and conducted religious meetings of Jehovah's Witnesses in the city of Shadrinsk, Kurgan Region" (from the decision to initiate a criminal case)
Court case number:
12102370012000108
Initiated:
July 13, 2021
Current case stage:
the verdict entered into force
Investigating:
First Department of the Investigative Directorate of the Investigative Committee of the Russian Federation for the Kurgan Region
Articles of Criminal Code of Russian Federation:
282.2 (1)
Court case number:
1-2/2024 (1-217/2023)
Court of First Instance:
Shadrinskiy District Court of the Kurgan Region
Judge of the Court of First Instance:
Natalya Korotneva
Case History

The Case of Chaykovskiy and others in Moscow

Case History
In November 2020, a massive special operation took place in Moscow — searches in 22 homes of Jehovah’s Witnesses. Vardan Zakaryan was hospitalized due to injuries inflicted by the law enforcement officers. He, as well as Vitaliy Komarov, Yuriy Chernyshev, Ivan Chaykovskiy and Sergey Shatalov were placed in a temporary detention facility. They were charged with organizing the activity of an extremist organization, and Zakaryan was charged with involving others in it. It is worth noting that in 2010 through the ECHR Chaykovskiy, obtained compensation for the violation of his rights due to the illegal liquidation of the Moscow Community of Jehovah’s Witnesses. In the winter of 2022, the case went to court. The charges were based on the testimony of FSB agent “Makarov”, who feigned an interest in the Bible. In March 2023, the court sentenced Chaykovskiy, Komarov, Chernyshev and Shatalov to 6 years and 3 months, and Zakaryan to 4 years and 3 months in a penal colony. The courts of appeals and cassation upheld this decision. Vardan Zakaryan was released and deported to Armenia in October 2025.
Timeline

Persons in case

Criminal case

Region:
Moscow
Locality:
Moscow
Suspected of:
"organized the activity of a local religious unit... in line with the actions characteristic of this association, by singing Bible songs together, improving the skills of missionary activity and studying religious literature" (from the decision to initiate a criminal case)
Court case number:
12002450046000077
Initiated:
November 23, 2020
Current case stage:
the verdict entered into force
Investigating:
Main Investigative Directorate of the Investigative Committee for the City of Moscow
Articles of Criminal Code of Russian Federation:
282.2 (1), 282.2 (1.1)
Court case number:
01-0003/2023 (01-0237/2022)
Court:
Babushkinskiy District Court of the City of Moscow
Judge:
Yevgeniya Babinova
Case History

Case of Kutsenko in Chita

Case History
In February 2020, the FSB conducted mass searches of Jehovah's Witnesses from Chita and neighboring locations as part of a case against local believers. One of the believers, Vadim Kutsenko, faced torture and violence from law enforcement officers, and also spent 5 days in a temporary detention facility. The Investigative Committee for the Trans-Baikal Territory refused to initiate a case of torture, despite the call of the OSCE. Later, the refusal was canceled, and the check resumed. In January 202, the Investigative Committee terminated the case against Vadim for lack of corpus delicti. In November 2024, it became known that the believer was included in the Rosfinmonitoring list, and his criminal prosecution was resumed.
Timeline

Persons in case

Criminal case

Region:
Trans-Baikal Territory
Locality:
Chita
Court case number:
Current case stage:
preliminary investigation
Articles of Criminal Code of Russian Federation:
282.2 (1)
Case History

The Case of Kochnev and Others in Orenburg

Case History
In May 2018, the Investigative Committee of the Russian Federation initiated a criminal case against Vladimir Kochnev, Vladislav Kolbanov, Pavel Lekontsev, Sergey Logunov, Nikolay Zhugin, Aleksandr Suvorov, and Aleksey Matveev. Later, the cases of Suvorov and Matveev were separated into separate proceedings. The believers from Orenburg were charged with organizing and financing the activity of an extremist organization and participating in it. This was because of meetings with friends in a café. After their homes were searched, three men were placed under recognizance agreements, and two were detained. Kochnev spent 76 days in pretrial detention and 72 days under house arrest, while Kolbanov spent 149 days under house arrest. In December 2019, the case went to court, but a month later it was returned to the prosecutor's office due to the vague nature of the charges. The retrial of the case by another judge began in February 2021. The charge is based on the testimony of the undercover agent V. Yudin. In August 2023, the judge gave the believers suspended sentences: Logunov and Zhugin — 2.5 years, Kochnev — 2 years and 8 months, Lekontsev — 3 years, and Kolbanov — 3.5 years. The court of appeal upheld the verdict.
Timeline

Persons in case

Criminal case

Region:
Orenburg Region
Locality:
Orenburg
Suspected of:
According to the investigation, together with others he conducted religious services, which is interpreted as “organising and participating in the activity of an extremist organisation”
Court case number:
11802530021000017
Initiated:
May 14, 2018
Current case stage:
the verdict entered into force
Investigating:
Investigative Directorate of the Investigative Committee of the Russian Federation for the Orenburg Region
Articles of Criminal Code of Russian Federation:
282.2 (2)
Court case number:
1-1/2023 (1-2/2022; 1-139/2021; 1-62/2020; 1-501/2019)
Court:
Promyshlenniy District Court of the City of Orenburg
Judge:
Diana Sudorgina
Case History
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