Sukhov's case in Krasnoyarsk

Case History

In May 2020, representatives of law enforcement agencies came to the father of many children, Vitaly Sukhov, and several of his fellow believers with a search. The investigation accused Sukhov of allegedly “organizing religious performances and services.” The believer himself said: “I have never been a member of any extremist organizations. I am a peaceful person, I have a big family.” In October 2020, the court seized the believer’s car, depriving him of the right to dispose of his property. Although the indictment did not indicate specific facts confirming the commission of a crime by Sukhov, in March 2021 the case was submitted to the Zheleznodorozhny District Court of Krasnoyarsk. Such facts were also not established in court, and even the prosecution witnesses who testified could not confirm the illegality of the believer’s actions. On December 21, 2021, Judge Svetlana Patsalyuk sentenced Vitaliy Sukhov to 6 years of suspended imprisonment. In March 2022, the Court of Appeal upheld this decision.

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    Lieutenant P. Filishkan, senior investigator of the Investigative Directorate for the Zheleznodorozhny district of Krasnoyarsk of the Main Investigation Department of the Investigative Committee of the Russian Federation for the Krasnoyarsk Territory and Khakassia, initiates a criminal case under Part 1 of Article 282.2 of the Criminal Code against 53-year-old Vitaly Sukhov, father of four minor children.

    According to the ruling, he is suspected of "acting under the direction and being in direct canonical subordination" of a banned local religious organization "organized religious performances and services."

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    Vitaliy Sukhov's apartment is being searched.

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    Investigator Filishkan interrogates Sukhov on video. Vitaliy declares: "I have never been a member of any extremist organizations, I am not a member and I am not going to be. I am a peaceful person, I have a big family."

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    The Zheleznodorozhny District Court of Krasnoyarsk, at the request of investigator N. S. Solodovnikova, seizes Vitaliy Sukhov's car. The suspect is prohibited from fully disposing of the vehicle. This measure was taken so that if the court sentences Vitaliy to a fine, it would be possible to recover a fine at the expense of the cost of the car.

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    Investigator Solodovnikova conducts a search and inspection of the apartments of two residents of Krasnoyarsk. Investigative actions are sanctioned by the judge of the Zheleznodorozhny District Court of Krasnoyarsk T. Shapovalova. Believers are in the status of witnesses.

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    The criminal case of Vitaly Sukhov is submitted to the Zheleznodorozhny District Court of the city of Krasnoyarsk. Judge Svetlana Patsalyuk sees no grounds for a preliminary hearing and the choice of a preventive measure.

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    Judge Svetlana Patsalyuk decides to schedule an open court hearing on April 28, 2021 to consider the criminal case against Vitaliy Sukhov in accordance with the general procedure.

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    The judge explains to Vitaliy Sukhov his rights and allows him to express his attitude to the charges. The believer emphasizes that, according to the provisions of the Code of Criminal Procedure, "the investigator must indicate the essence of the charge, the place and time of the crime, its methods, motives, goals, consequences and other circumstances relevant to the criminal case." Since these provisions are not complied with, the charge does not meet the requirements of Article 220 of the Code of Criminal Procedure of the Russian Federation, and therefore, according to Sukhov, the criminal case should be returned to the prosecutor.

    The prosecutor objects, and the judge decides to revert to the motion at a later date. The procedure for consideration of evidence shall be approved.

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    The secret witness of the prosecution "Kuzmin" is being interrogated. He states that he attended meetings of Jehovah's Witnesses from late 2017 to mid-2018. Kuzmin claims that these were meetings of the local religious organization of Jehovah's Witnesses "Krasnoyarsk", however, answering the defendant's question, states that he did not read the charter of the local religious organization of Jehovah's Witnesses "Krasnoyarsk" and does not know exactly who was a member of it.

    During the interrogation, the witness clearly answers the prosecutor's questions, but when the questions are asked by the accused, and then by his lawyer, he "hears poorly."

    Explaining the motives of Jehovah's Witnesses when they talk to people about the Bible, Kuzmin says: "The participants of the congregation believe that they should save as many people as possible."

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    Two women, witnesses for the prosecution, are being questioned. Both are not familiar with Vitaly Sukhov. One of the witnesses lives in the same entrance as Sukhov. She says that she has no complaints against Vitaly, and no one has agitated her to join any organization. The second witness says that she does not consider Jehovah's Witnesses to be extremists, and studying the Bible has helped her improve her family life.

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    More than 70 people come to the courtroom to support Sukhov, which surprises court workers. The case materials are being examined.

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    Vitaly Sukhov testifies. He says: "The episodes of participation in worship services imputed to me can only indicate the exercise of the right to use methods of expressing faith that the Supreme Court of the Russian Federation did not evaluate or prohibit ... I have never been a member of the local religious organization of Jehovah's Witnesses "Krasnoyarsk", did not participate in its activities and did not perform any actions on its behalf, which is confirmed by the case materials." The believer adds: "I did not incite anyone to hatred or enmity. All my actions were peaceful, I had no conflicts."

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    The prosecutor asks the court to sentence Vitaliy Sukhov to 6 years in prison.

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    Judge of the Zheleznodorozhny District Court of Krasnoyarsk Svetlana Patsalyuk sentences 54-year-old Vitaliy Sukhov to 6 years of suspended imprisonment. The court found in the ordinary confession of faith of Jehovah's Witnesses the organization of the activities of an extremist association.

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    The Krasnoyarsk Regional Court, chaired by Judge Alla Skornyakova, does not satisfy Vitaly Sukhov's appeal against the verdict of the court of first instance. The believer is conditionally imprisoned for 6 years, but he can appeal this decision in cassation.

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