Case of Kogut in Beryozovsky

Case History

After 2.5 years of criminal litigation, Khasan Kogut from the town of Beryozovsky was sentenced to 2.5 years of suspended imprisonment. July 2018 was the starting point of the persecution of the believer: an FSB investigator conducted a 4-hour search in Khasan’s apartment in the presence of his 5-year-old son. The following interrogation lasted the same amount of time. Six months later Kogut was prosecuted under Article 282.2 (2) of the Criminal Code, placed under house arrest, and subjected to psychiatric evaluation. At the hearing in the Beryozovsky Town Court, the invited expert noted that he did not see any calls to extremism in the case materials and that “Jehovah’s Witnesses closely adhere to the Bible.” Nevertheless, the prosecutor requested 2 years in prison for Kogut, stating that Jehovah’s Witnesses invented the doctrine of fiery hell, thus revealing her incompetence. Judge Elena Bigeza found Khasan Kogut guilty of extremism, essentially for meeting with fellow believers. The appellate court upheld the verdict.

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    July 20, 2018

    The judge of the Central District Court of Kemerovo, N. M. Naumova, makes a decision to allow a search in the apartment of Hasan Kogut in criminal case No. 11807320001000380 (the case of Levchuk and Britvin).

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    July 22, 2018

    Kogut is being searched.

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    July 30, 2018

    An appeal against the search has been filed.

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    January 31, 2019

    Senior investigator of the Investigative Department of the FSB of Russia in the Kemerovo region, Major of Justice Efimov M. I. makes a decision to separate the case of Kogut from criminal case No. 11807320001000380 (Levchuk and Britvin) into a separate proceeding.

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    February 6, 2019

    Senior Investigator of the Investigative Department of the Federal Security Service of Russia in the Kemerovo Region, Major of Justice Efimov M. I. makes a decision to initiate a criminal case on the grounds of a crime under Part 2 of Article 282.2 of the Criminal Code of the Russian Federation against Kogut Kh., and to accept it for proceedings. He was prosecuted as a defendant in case No. 1190732000100083.

    Kogut Hasan was summoned to the FSB SO to pick up the seized laptop, but as a result he was detained. Protocols of interrogation and detention have been drawn up.

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    February 7, 2019

    The senior investigator of the Investigative Department of the FSB of Russia in the Kemerovo Region, Major of Justice Efimov M.I. makes a decision to petition the Central District Court of Kemerovo to elect a measure of restraint in the form of house arrest against Kogut H. for 2 months, that is, until 06.04.2019.

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    February 8, 2019

    The Central District Court of Kemerovo, composed of the presiding judge Rodina E. B. makes a decision on the election of a measure of restraint in the form of house arrest.

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    February 11, 2019

    An appeal against house arrest has been filed.

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    March 13, 2019

    A psychiatric examination of the accused was carried out.

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    March 15, 2019

    Appellate hearing.

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    April 2, 2019

    The judge of the Central District Court of Kemerovo, N. M. Naumova, makes a decision to extend the period of detention under house arrest of Kogutu H. for 2 months 00 days, and up to 4 months in total, i.e. until June 6, 2019.

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    May 30, 2019

    The judge of the Central District Court of Kemerovo, A.V. Dontsov, makes a decision to extend the period of detention under house arrest of Kogutu H. for 2 months 00 days, i.e. until August 6, 2019.

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    August 26, 2019

    The Kemerovo Regional Court on appeal ruled to cancel the decision of the Berezovsky City Court to extend the term of house arrest and to change the measure of restraint to a recognizance not to leave and proper behavior.

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    September 18, 2019

    The hearing on the merits. Three prosecution witnesses were questioned.

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    October 7, 2019

    The hearing on the merits.

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    December 9, 2019

    The hearing on the merits. Defense witnesses were questioned.

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    January 23, 2020

    Kogut H. applies for the connection of his criminal case with the case of Levchuk and Britvin. The court rejects the petition, arguing that such petitions should be filed at the beginning of the trial, and not when it is almost completed.

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    March 2, 2020

    The court hearing, scheduled for 15:00, begins with a long delay on the part of the judge. The hearing is postponed to the next day.

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    March 3, 2020

    Expert Vadim Shiller from the Center for Ethno-Confessional Research, Prevention of Extremism and Countering the Ideology of Terrorism was interrogated.

    Hasan Kogut asks the expert clarifying questions, but the judge Elena Bigeza interrupts him. Analyzing the provided operational materials, Vadim Shiller notes that there are no extremist appeals and statements in them. The expert draws attention to the fact that: "They [Jehovah's Witnesses] literally and closely adhere to the Bible."

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    May 14, 2020

    At the hearing in the Berezovsky City Court, Hasan Kogut testifies and asks to attach written notes to the materials of the criminal case. The believer does not admit his guilt. He points out: "I am accused today of believing in a God whose name is Jehovah, who is our Creator. They are being judged for my beliefs. If I had not been a Jehovah's Witness, I would not have been tried, although this religion is not prohibited in Russia."

    The believer also declares to the court that during the preliminary investigation in the case of Britvin and Levchuk he was interrogated under pressure from law enforcement officers and in the absence of a lawyer, and the incorrect wording of the investigator used during the interrogation may be used against him in the future. The prosecutor insists on their disclosure and submits a motion to summon for questioning at the court session the FSB investigator M. Beloglazov, who conducted the interrogation of Kogut, as a witness.

    The defense requests the exclusion of evidence, the testimony of a classified witness, and requests time to prepare a motion to declare Kogut's testimony inadmissible in the case during the preliminary investigation on the basis of Article 75 of the Code of Criminal Procedure.

    The next court hearing will be held on June 1 at 10:00 a.m.

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    June 1, 2020

    At the request of the prosecutor, the court is interrogating FSB investigator M. Beloglazov, who searched Hasan Kogut's apartment and interrogated him at the police station.

    The accused draws attention to the fact that the search in his home took place in the presence of a 5-year-old child for 4 hours. This was followed by a 4-hour police interrogation. Hassan regards this as psychological pressure. The judge decides that there were no violations on the part of the investigator.

    After the break, at the request of the defense, an audio recording of the interrogation of a classified witness is listened to. Due to extraneous noise, the recording of speech cannot be understood, but the judge does not exclude these materials from the case.

    The proceedings shall proceed to the stage of debate of the parties. They are scheduled for June 18, 2020.

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    June 15, 2020

    The prosecutor's office of the Kemerovo region responds in writing to Hasan Kogut's request to drop the charge in court. The answer is limited to quoting the law, which states that such a refusal is possible if the prosecutor "comes to the conclusion that the evidence presented does not support the accusation against the defendant." However, it does not appear from the letter received whether the prosecutor came to this conviction or not.

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    June 18, 2020

    Judge of the Berezovsky City Court of the Kemerovo Region Elena Bigeza refuses to admit to Hasan Kogut Opinion No. 10/2020, adopted by the UN Human Rights Council Working Group on Arbitrary Detention. The judge and the prosecutor argue that the Russian Government has not yet taken any decisions in connection with this resolution. In addition, the application does not indicate the source of the document. The Prosecutor states that the decisions of an international body are not evidence, but superfluous information.

    The lawyer files a motion to exclude Hassan's testimony, which he gave during the interrogation as a witness, since the prosecutor uses it in the prosecution. The prosecutor asks for time to prepare his position on the petition.

    The court hearing was postponed for the period of the judge's vacation until August 4, 2020. The Prosecutor stands ready to speak in the debate.

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    August 18, 2020

    A debate is underway in the Berezovsky City Court, during which the prosecutor requests 2 years in a general regime colony for Hasan Kogut. The prosecutor clearly did not understand the essence of the case: in her speech, the state prosecutor stated that Jehovah's Witnesses invented the doctrine of fiery hell (in fact, among Christian religions, it is the creeds of Jehovah's Witnesses that are distinguished by the denial of fiery hell).

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    August 20, 2020

    The debate continues in court, the defendant speaks, as well as the defense. The lawyer draws attention to the fact that the local religious organization was liquidated on April 17, 2017, so the defendant's participation in it is impossible. The lawyer also notes that the prosecutor's office does not separate the concepts of "assembly" and "LRO", and the fact of propaganda of the exclusivity of the religion of Jehovah's Witnesses has not been proven.

    Hassan Kogut's last word is scheduled for August 31, 2020.

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    August 31, 2020 Final statement

    The trial of Hasan Kogut in the criminal case of Hasan Kogut is coming to an end in the Berezovsky City Court. About 25 people come to support the believer, but only six are allowed into the meeting room. The prosecution, the lawyer and the defendant make remarks. The prosecutor emphasizes that Kogut did not plead guilty, therefore he deserves a sentence.

    The judge schedules Hassan Kogut's final speech for September 10, 2020. On the same day, the court may issue a verdict.

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    September 10, 2020 Final statement

    Hassan Kogut addresses the court with the last word, not admitting guilt in extremism. Judge Elena Begeza sentences him to 2.5 years of probation with a probation period of 2 years.

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    December 23, 2020 Court of Appeal

    The Kemerovo Regional Court is considering an appeal against the conviction of the Berezovsky City Court. Judge Irina Gulyaeva dismisses the appeal and upholds the verdict against Hasan Kogut. The verdict comes into force.