Case of Chaykovsky and others in Moscow

At least 20 searches of believers are taking place in Moscow. Ivan Tchaikovsky, 65, Sergey Shatalov, 51, Yuriy Chernyshev, 57, and Vitaliy Komarov, 44, were placed in a temporary detention facility (IVS). They are being held in an isolation ward at 38 Petrovka Street.

During the search, 49-year-old Vardan Zakaryan is hit in the head with a butt, falls to the floor, and blood flows from the wound. He was hospitalized in the 20th city clinical hospital with a diagnosis of traumatic encephalopathy. A convoy is posted outside the ward, relatives are not allowed to give food to the believer.

Law enforcement officers carry out the storming of Yuriy Chernyshev's apartment with particular rudeness: they break down the front door and break the window. The security forces broadcast operational video footage on their resources as the detention of especially dangerous criminals. Yuriy himself is thrown face down on the floor during the assault, and his wife is ordered to stand facing the wall. Investigator Andrei Silakhov participates in the special operation, who expresses insults to believers. Law enforcement officers threaten to send the minor daughter of a married couple to a shelter.

Among the investigators involved in the raids was Valeriya Bashaeva from the Department for the Investigation of Particularly Important Cases (crimes against the person and public safety). She also searches the apartment of 34-year-old Viktor Tchaikovsky. Security forces seize electronic devices and data carriers.

At 33-year-old Y. M., the security forces look through her correspondence in instant messengers and threaten her with prison, Bibles and postcards were seized from her.

In another case, security officials insulted two female believers, threatening to strip them and put them out on the street.

Another search takes place in the family of A., who was also beaten on the back by the security forces with the butt of an automatic rifle and thrown to the floor. During the search, electronic devices, flash drives, bank cards, cash, documents, personal records, a tape recorder, cassettes and even a calculator were seized from him.

The Presnensky District Court of Moscow orders Sergey Shatalov to be placed under house arrest for 2 months after he spent 2 days in a temporary detention center. For other detainees, the court extends the period of detention to 72 hours.

At the insistence of the security forces, Vardan Zakaryan was discharged from the 20th city clinical hospital and taken under escort to the isolation ward at 38 Petrovka Street. There, investigator D. Smadich conducts an interrogation at night and charges the believer.

The Presnensky District Court of Moscow decides to release three more believers from custody: Vitaly Komarov, Ivan Tchaikovsky, and Yuri Chernyshev. All of them were chosen as a measure of restraint in the form of house arrest.

Meanwhile, Vardan Zakaryan remains in the temporary detention facility by a court decision. There, psychological pressure is exerted on him in order to incriminate fellow believers and take the blame for extremism.

The Presnensky District Court of Moscow decides to release 49-year-old Vardan Zakaryan after 6 days of detention and send him under house arrest until January 23. As soon as a believer is released, he submits an application to the prosecutor's office stating that during his detention on November 24 he was hit on the head with the butt of an automatic rifle, he lost consciousness and was hospitalized in the 20th city clinical hospital. According to the defender of the believer, during his detention in the temporary detention facility, Zakaryan was subjected to strong psychological pressure in order to force him to give out information about his fellow believers, as well as to confess to extremist crimes that he did not commit.

The Presnensky District Court of Moscow extends the term of house arrest for Yuri Chernyshev, Ivan Tchaikovsky, Vitaly Komarov, Sergey Shatalov until April 23 and Vardan Zakaryan until April 22.

Judge Olga Kiselkova refuses to lift the ban on communication with their wives, because of which they are forced to live separately. She justifies this by the fact that the men are accused of committing a serious crime (Article 282.2 of the Criminal Code of the Russian Federation).

Early in the morning, representatives of law enforcement agencies gather with witnesses at several residential buildings in Khovrino and the Levoberezhny district of Moscow, Khimki and Chekhov. Their goal is the families of Jehovah's Witnesses. The first reports of the invasion of the apartments come from believers at 06:20. During the first hours, at least 10 searches become known.

Ivan Tchaikovsky, Yuri Chernyshev, Sergey Shatalov, Vitaly Komarov and Vardan Zakaryan receive copies of the indictment.

The criminal case goes to the Babushkinsky District Court of Moscow. It is appointed to Judge Evgenia Babinova.

The court extends the term of house arrest for all believers for another 6 months.

The preliminary hearing is postponed until March 9. It is planned to consider the issues of declaring evidence inadmissible and returning the criminal case to the prosecutor.

The preliminary hearing is held behind closed doors.

The accused file motions to exclude a number of expert opinions from the evidence, to return the criminal case to the prosecutor in order to eliminate violations of the criminal procedure law. The defendants believe that "the wording of the charge is vague and is speculation."

In his petition, Vardan Zakaryan asks to appoint a handwriting examination to determine the authenticity of his signature in the interrogation protocol. He also requests a forensic examination to establish ways to amend the protocol.

State prosecutor Olga Bulkina objects to the petitions. Judge Evgenia Babinova dismisses the petitions.

All seats in the courtroom are occupied by friends and relatives of the defendants.

Prosecutor Kabardukova voices the charge. The defendants express their attitude to the charge.

Vardan Zakaryan says: "I do not admit guilt ... There are congregations of Jehovah's Witnesses. In them, the head is Jesus Christ. Believers in the congregation do not use seals, do not appoint leaders, but simply worship God. Russian laws refer to congregations as "religious groups." Congregations of Jehovah's Witnesses are also not prohibited."

Vitaliy Komarov emphasizes: "I did not use conspiracy methods and did not discuss their use with anyone. I didn't use any methods to pass off reality as something fictitious." He continues: "I have state awards: in 2016 I was awarded the gratitude of the Minister of Communications and Mass Media, in 2018 - the medal of the Order of Merit for the Fatherland, II degree by the Decree of the President of the Russian Federation Putin ... certificates of honor and gratitude from the Director General of the Russian Television and Radio Broadcasting Network... I am in the dock not for what I did, but for my beliefs, which is discrimination on religious grounds."

Ivan Tchaikovsky notes: "On the basis of the right granted to me by the Constitution of the Russian Federation, I appealed to the European Court of Human Rights with a complaint ... He confirmed that in reality violations of the law by the religious community had not been proven, and ordered the Russian Federation to pay monetary compensation, as well as to eliminate the violations committed, restoring the opportunity to exercise my right to personally and jointly profess the chosen religion of Jehovah's Witnesses ... Therefore, as a law-abiding citizen, I continue to wait for the Russian authorities to completely eliminate the harm caused to me."

Yuriy Chernyshev says: "I have always benefited society, and this is proved by state awards: the gratitude of the Minister of Communications and Mass Media of the Russian Federation, the Order of the Ministry of Communications of Russia ... Not only information about my identity, but, most importantly, the factual circumstances confirmed by the case materials, indicate the absence in my actions of signs of a crime under Part 1 of Article 282.2 of the Criminal Code of the Russian Federation. He continues: "Without being convicted, I have faced imprisonment for more than a year, of which I was separated from my wife for the first six months. Level of unlawful acts
Investigators in the present case are off the charts, but the courts turn a blind eye even to indisputable violations of the law. The obvious facts of my non-participation in the activities of the local religious organization, as well as the clear instructions of the Plenum, are ignored."

Sergey Shatalov says: "There is not a single victim in the case, so it must be recognized that I did not commit acts whose public danger corresponds to Part 1 of Article 282.2 of the Criminal Code of the Russian Federation, and the criminal prosecution did not have a legitimate goal and was not necessary."

Viktor Tchaikovsky (son of the accused Stepan Tchaikovsky) and Ekaterina Chernysheva (wife of the accused Yuri Chernyshev) give testimony in which they positively characterize their relatives and refute the allegations of their involvement in the crime.

Prosecutor Zhuravleva reads out the contents of the first three volumes of the case. The lawyer asks for a detailed reading of the transcript of at least one service. The judge supports. The lawyer urges the prosecutor not to omit important parts in the text.

The prosecutor continues his brief reviews of transcripts on the operational introduction, the content of Zakaryan's conversations, the decision of the Supreme Court of the Russian Federation to ban legal entities of Jehovah's Witnesses, and reads out excerpts from the conclusion of "specialists".

The lawyer pays closer attention to the content of the service, what it consists of, as well as to the fact that the Kaluga expert has exceeded the scope of his authority.

A prosecution witness, a district police officer, is being questioned. He is not acquainted with the defendants. The witness says that during the search he watched Komarov's windows from the street in case something was thrown out of them.

Vardan Zakaryan's wife tells the court the details of the search, during which her husband was subjected to violence. Because of this, his blood pressure rose and he needed emergency medical attention. According to her, three books of Holy Scripture of different translations were seized from them. Although the woman does not share her husband's religious views, she speaks positively of him: "He loves me, respects me. He's a good tailor."

The testimony is given by an employee of the Ministry of Internal Affairs Podbornov. He says that in 2018, the agency received information about Jehovah's Witnesses, in particular, that Zakaryan attracted others to the LRO. After that, the infiltrated agent Makarov met with the defendants Zakaryan and Chernyshev and began to study the Bible with them, pretending to be interested in it.

Witness Podbornov claims that he has analyzed a large amount of information about Jehovah's Witnesses from sources of the Ministry of Justice and the Supreme Court of the Russian Federation and when asked how he determined that the defendants are members of the LRO, he replies that this is his subjective opinion.

The court shall hear the testimony of the prosecution witness. The woman does not know the defendants and has never heard calls for violence, hatred and refusal of medical care from them.

An employee of the Ministry of Internal Affairs Popov is being interrogated. He does not know the defendants personally. He reports that in 2018, the introduction of an agent was organized, who was given special equipment for audio and video recording of Jehovah's Witnesses services. He began to communicate with Zakaryan and attended several liturgical meetings. After that, the materials were transferred to an expert institution for review and analysis of the content.

The following witness positively characterizes the defendants. She says she was not asked to join a local religious organization of Jehovah's Witnesses. Otherwise, the witness uses Article 51 of the Constitution of the Russian Federation, which allows her not to testify against herself and her loved ones.

A woman who is not one of Jehovah's Witnesses is being interrogated. She describes Vardan Zakaryan as a good master and a caring, sympathetic and selfless person with whom they discussed biblical teachings. She speaks of Jehovah's Witnesses as peaceful and law-abiding people who are ready to help. "They are kind-hearted people," says the witness, adding that "they did not incite violence, they did not ask for money."

Prosecutor Matusevich asks to extend the defendants' preventive measure for another three months. The judge grants the petition and extends the house arrest until November 10, 2022.

The questioning of witnesses in the case continues. The first witness tells how in November 2020 representatives of law enforcement agencies broke into his home. They began to break down the door, hit him with a rifle butt, then took him away and interrogated him. He says that he professes the religion of Jehovah's Witnesses and knows the defendants, but after 2017 he did not personally meet with them and did not call them. He describes Vitaliy Komarov as a kind, cheerful and executive person. The witness confirms that he did not hear from the defendants calls for violence, deprivation of civic duties, and so on. He talks about how to become one of Jehovah's Witnesses: one must study the Bible, adhere to its commandments; No statements are needed for this. The man also notes that Jehovah's Witnesses treat representatives of other religions well.

Vitaliy Komarov's wife is being interrogated. She describes her husband as a kind, caring person and a wonderful family man. She says that she shares her husband's religious views. Answering other questions, she mainly uses Article 51 of the Constitution of the Russian Federation, which allows her not to testify against herself and her loved ones.

The wife of the deceased witness Viktor Zemlyakov is being interrogated. She says that "Jehovah's Witnesses are good people: they don't smoke, they don't drink, they don't swear. They're just studying the Bible."

The prosecutor reads out volumes 14-18 of the criminal case. The defense states that the materials are presented in an overview, and the audio recording of Shatalov's conversation was compiled in violation of the norms of the Criminal Procedure Code, since Shatalov did not listen to the audio recording together with the witnesses.

The secret witness "Makarov" is being interrogated. He says that he is personally acquainted with the defendants Zakaryan and Chernyshev. Despite the fact that no threats were made against him or his relatives, the witness refuses to be openly questioned "for security reasons".

"Makarov" says that it was introduced by the operative Podbornov in order to identify the illegal activities of Jehovah's Witnesses. The means to record the information were provided to him, and he used them from the very first meeting with Zakaryan. When asked what harm Jehovah's Witnesses have done to any people, he replies: "I am not aware of such a thing."

"Makarov" confirms that Zakaryan did not show hatred and superiority towards representatives of other religions and did not incite genocide and mass repressions. During the meetings, they studied the Bible.

The lawyer asks to read out the testimony given by "Makarov" during the preliminary investigation, as they contain contradictions with the testimony given in court. The court agrees.

Witness Panichkin is being interrogated. He says that he does not know the accused and he does not know anything about this case. He met with Jehovah's Witnesses in 1990-1991: "They gave free lectures at the enterprise where I worked." Panichkin did not hear any statements about violence or incitement to violence from these people. He affirms that the Bible is the foundation of Jehovah's Witnesses' creeds. He says that he attended the services of Jehovah's Witnesses several times, in 1990 and 2016. He was not forced to do this. During the search, his computer and magazines were seized.

About 15 people come to support the defendants.

The court satisfies the defense's petition to summon Kaluga experts to clarify the linguopsychological examination, which, in the opinion of the defense, contains incorrect conclusions.

A witness from the defense is being interrogated, who reports that although he has been a Jehovah's Witness since childhood, she has never encountered legal entities.

The defense continues to study the case materials. The lawyer draws the court's attention to the recording of the service, during which Yuriy Chernyshev prays, and also talks about the importance of love and kindness.

The lawyer also reads from the 19th volume his petition to exclude from the case materials the examination with the participation of the Sverdlovsk expert Svetlana Mochalova. One of the arguments is that the expert does not have the necessary qualifications. In addition, a number of examinations in violation of procedural norms were carried out after the end of the investigation.

The defense witness, who has known Vardan Zakaryan for about 30 years, says that he spoke with him on religious topics more than once, while he never spoke negatively about other religions and state authorities. A witness describes the believer as a diligent worker who often repaired clothes for the elderly free of charge, as well as a kind and hospitable person.

Mikhail Seleznev, Ph.D. in Philology and biblical scholar, is being interrogated. This specialist gives a scientific assessment of the decision to ban the Bible "Holy Scripture - New World Translation".

Seleznev claims that he and his colleagues were perplexed by the examination, according to the results of which in 2017 this translation of the Bible was recognized as extremist. "For a biblical scholar, the statement that 'New World Translation of the Holy Scriptures' is not a Bible sounds the same as for an astronomer the phrase 'The moon is just a pancake hanging in the sky,'" Seleznev says. According to the expert, the authors of this examination did not have the necessary qualifications. He also gives a number of arguments to prove that this translation is in fact the Bible.

Mikhail Seleznev is one of 27 specialists who wrote a review of the above-mentioned examination. Among other things, the authors stated in it: "The examination, incompetent and unprofessional, led to the fact that a number of people were sentenced to imprisonment for a real term. Court decisions made on the basis of unprofessional and incompetent examinations discredit Russian justice."

At this and the previous hearing, Yuriy Chernyshev, Vitaliy Komarov and Sergey Shatalov are interrogated. The judge grants the request for the examination of material evidence, but refuses to appoint new forensic examinations, which the defense requested.

The Babushkinskiy District Court, chaired by Judge Evgenia Babinova, extends the measure of restraint for the believers and leaves them under house arrest until May 11, 2023. The court does not take into account the arguments of the defense that there are no grounds for extending the measure of restraint, and the examined evidence and facts make it possible to mitigate the measure of restraint.

The court inspects the material evidence seized during the searches of the defendants behind closed doors.

Vardan Zakaryan, speaking with written notes, explains that one of the clients introduced him to the embedded agent Makarov. He introduced him as a former classmate who is interested in the Bible. At the first meeting, the agent asked Zakaryan questions about God, about Jesus Christ and asked for a Bible study. He also tried to provoke the believer to make negative statements about the actions of the police.

Refuting accusations of negative assessment of people of other religions and calls to break off family relations with them, Zakaryan says: "This is not so. I have never used offensive words about people of other faiths. My wife has a different religion, but we love each other and live as one family."

The state prosecutor requests from 6 to 8.5 years of imprisonment in a general regime colony for the defendants: 8.5 years for Yuri Chernyshev; Ivan Tchaikovsky, Vitaliy Komarov and Sergey Shatalov are 8 years old; Vardan Zakaryan is 6 years old.

In addition, the prosecutor asks to deprive Chernyshev, Tchaikovsky, Komarov and Shatalov of the right to participate in the work of religious organizations for 8 years, as well as to restrict their freedom for a year.

The defendants address the court with the last word. All of them plead not guilty and ask to be acquitted.

Ivan Tchaikovsky, Yuriy Chernyshev, Vitaliy Komarov, Sergey Shatalov and Vardan Zakaryan are placed in pre-trial detention center No. 7 in Kapotnya (Moscow) after the verdict was announced. They can write letters.

When detained, the security forces do not allow convicts to take anything with them, even personal hygiene items.

Vitaliy Komarov and Yuriy Chernyshev are in Moscow's Kapotnya pre-trial detention center No. 7. They had to spend the first night on their arrival sitting on chairs, as they were placed in a cell only in the morning. Later, they were transferred to different cells.

Letters to believers have not yet arrived, but they have the opportunity to write to their relatives.

Together with Ivan Tchaikovsky, 2 more people are being held in the cell. The believer waits for the administration to allow him to receive a copy of the complete Bible. Ivan is preparing an appeal against the verdict.

Sergey Shatalov's health problems are getting worse. The administration of the pre-trial detention center does not allow the medicines that the spouse gave to the believer. But after Sergey presents medical documents, he is provided with analogues of the necessary drugs.

Together with the believer, 14 other people are being held in the cell.

The very next day after entering the pre-trial detention center, Shatalov began to receive e-mails from different countries.

It becomes known that the believers were transferred to pre-trial detention center No. 4 "Bear" in Moscow.

"Although I am in a cell, there is a feeling of freedom and complete peace inside," Ivan Tchaikovsky shares his feelings. The state of health of the believer is satisfactory, but hypertension is worried. He goes for walks every day. He tries to exercise regularly. I am glad that thanks to the parcels from my wife I can eat homemade food. He draws great support and consolation from the Bible and from letters, of which there are already about 880.

There are no young people in Sergey Shatalov's cell, so at 22:00 the TV and lights are turned off, and he can rest in peace. The believer is not discouraged, his health condition is satisfactory, he receives the necessary medicines. He also receives a lot of letters, tries to answer each one if an envelope is attached. He says, "Letters are encouraging, refreshing, educational, and help you manage your time. They heal wounds and fill good voids, just as bees fill honeycombs with honey."

Believers are taken to the courtroom, where their appeals are scheduled to be considered. Listeners are also allowed into the hall.

The presiding judge does not accept the complaint of the defense, so the lawyer submits a petition to restore the procedural period for a new filing of the appeal. The case is returned to the district court to resolve the matter. It is expected that he will then be sent again for appeal in a different composition of the court.

Sergey Shatalov, due to his detention in a pre-trial detention center, could not spend the last days of her life with his mother, because of which he was worried. In the isolation ward, the believer is treated with respect. He has a Bible. Shatalov receives letters of support and transmission.