The Case of Polozov and Shevelev in Norilsk

Two groups of SOBR surround the camp site, where the believers are at this time. Masked commandos break into the building and demand to hand over their phones and tablets. More than 50 people suffer from the actions of law enforcement officers. A number of those present were taken away for interrogation. At least 5 searches took place, which lasted an average of 5 hours.

Investigator of the Investigation Department for Norilsk of the Main Investigative Directorate of the Investigative Committee of Russia for the Krasnoyarsk Territory and the Republic of Khakassia, Senior Lieutenant of Justice V.E. Vazhenin initiates a criminal case under Part 1 of Article 282.2 of the Criminal Code of the Russian Federation.

In relation to Alexander Polozov, a preventive measure was chosen in the form of a written undertaking not to leave and proper behavior.

Aleksandr Polozov was detained under Articles 91-92 of the Code of Criminal Procedure.

Aleksandr Polozov was arrested and sent to pre-trial detention center Norilsk, 13 Oktyabrskaya Street, Norilsk, in accordance with the Resolution on the election of a preventive measure in the form of detention, adopted by the judge of the Norilsk City Court of the Krasnoyarsk Territory Shatrova A.V. for a period of 2 months, i.e. until December 20, 2019.

An appeal against the measure of restraint is filed with the Judicial Collegium for Criminal Cases of the Krasnoyarsk Regional Court.

The Krasnoyarsk Regional Court satisfies Polozov's complaint against the preventive measure and cancels the decision of the Norilsk City Court to extend the detention. However, the accused was released only on January 21. He is under recognizance not to leave.

The judge of the Norilsk City Court of the Krasnoyarsk Territory, Valentin Kuznetsov, refused to extend the validity of the previously chosen prohibition measures to the investigator A.O. Shestakov.

The authorities add Aleksandr to the list of "terrorists and extremists" of Rosfinmonitoring, block his bank accounts. The believer is assigned payments in the amount of the minimum wage.

Senior Investigator of the Investigative Directorate for Norilsk of the Main Investigative Directorate of the Investigative Committee of Russia for the Krasnoyarsk Territory and the Republic of Khakassia, Captain of Justice Y. I. Parfenova, involves Stepan Shevelev as a defendant in criminal case No. 11902040013000096, charging him with committing a crime under Part 1 of Article 282.2 of the Criminal Code of the Russian Federation.

According to investigator Parfenova, Stepan "entered into a criminal conspiracy" with Alexander Polozov. The believer is accused of "reading a prayer ... conducting the preaching work."

The case goes to the Norilsk City Court of the Krasnoyarsk Territory. It is appointed to Judge Natalia Kuzmenkova. There are at least 13 volumes in the file.

A secret witness who had previously attended services of Jehovah's Witnesses is being interrogated. He says that he does not know the defendants personally, he heard about Alexander Polozov from others.

During the interrogation, the prosecutor substitutes the concepts of "organization" and "worship": he states that the organization of Jehovah's Witnesses is prohibited, whereas legal entities, not religious meetings, were banned.

Employees of the camp site, where believers gathered for a friendly meeting in 2019, are interrogated as witnesses.

The women report that the purpose of this meeting was to "see off a friend to the mainland." One of them says: "It was quiet, they didn't make noise."

Another notes: "It seemed unusual and suspicious that the chairs were displayed as in a conference room." The defendant Shevelev asks her a question: "The case file says that there were not 40 people, but 40,000. She replies, "No, what are you! I could not even think that they could write such a figure. We can't fit so many people on the entire base."

Judge Natalia Kuzmenkova satisfies the defendants' petitions for the admission of their wives to the courtroom.

The defendants testify. They note that the investigation is based on assumptions, without establishing either the place or time of the "commission of the crime".

Alexander Polozov emphasizes: "The accusation is based on two erroneous assumptions. First, the Supreme Court, having banned 395 legal entities, allegedly banned the practice of the religion of Jehovah's Witnesses at the same time. And secondly, if I worship God as a Jehovah's Witness, then I allegedly continue the activities of liquidated legal entities and commit a crime of an extremist nature. But the court did not forbid the religion of Jehovah's Witnesses. The prosecution stubbornly refuses to notice this difference." He adds that he became one of Jehovah's Witnesses long before the LRO appeared in Norilsk.

During the debate, the prosecutor requested a sentence of 6 years of suspended imprisonment for Aleksandr Polozov and Stepan Shevelev with a probationary period of 5 years with a ban on holding senior positions in public organizations.

The prosecutor petitions for the resumption of the judicial investigation, referring to the fact that as a result of the debate, the prosecution had questions for the experts and the defendants. The judge grants this request, the judicial investigation is resumed.

In response to questions from Prosecutor Simonenko, Oleksandr Polozov reads out written notes on behalf of both defendants in the case. The believers refuse to answer other questions of the court, referring to Article 51 of the Constitution of the Russian Federation.

Judge of the Norilsk City Court of the Krasnoyarsk Territory Natalia Kuzmenkova returns the case of Alexander Polozov and Stepan Shevelev to the prosecutor. According to the judge, the defendants' practice of the religion of Jehovah's Witnesses is not a crime.

Judge of the Krasnoyarsk Regional Court Vitaly Barsukov is considering the prosecutor's complaint against the decision of the Norilsk City Court, which returned the case of Polozov and Shevelev to him due to the lack of corpus delicti.

As an argument, the prosecutor cites the decision of the Primorsky Krai Court of Appeal, which refused to return a similar case, and asks to attach it.

The court rejects this petition and leaves unchanged the decision of the Norilsk City Court to return the case to the prosecutor.

The case of Alexander Polozov and Stepan Shevelev is again submitted to the Norilsk City Court of the Krasnoyarsk Territory for consideration by Judge Sergey Kurunin.

The hearings in the case of Alexander Polozov and Stepan Shevelev begin.

Polozov is appointed a new lawyer, the defendant petitions for his refusal. The prosecutor asks him the reasons for the petition, after which the court refuses the believer. At the same time, the court satisfies Alexander's petition to familiarize himself with parts of the minutes of the court session as they are made.

The prosecutor reads out the charges. Stepan Shevelev states that he does not understand what specific actions of believers threatened the constitutional order and security of the state.

The judge rejects the motion of the defense to return the case to the prosecutor, but notes that in the future it can be filed again.

Prosecution witnesses are being interrogated - employees of the Oganer camp site. Both women say that in the fall of 2019, the man rented one of the houses. They do not know what was happening in the room, who was there, whether the defendants were there at that moment. The staff member did not hear any speeches or appeals.

The defendants read out their attitude to the criminal case.

Prosecution witnesses do not appear at the hearing. The prosecutor shall file a motion to read out the testimony of witnesses from the case file. The defense objects. The application is denied.

A secret witness under the pseudonym Ivanov is being interrogated.

Petitions for the disclosure and verification of Ivanov's identity are rejected by the court. He says that the defendants did not plan or commit any illegal actions. The witness states that there was no aggression towards him and other people on the part of the believers, and peaceful topics such as love and family were discussed at the services.

When asked by Shevelev's lawyer why he began to attend services of Jehovah's Witnesses, Ivanov replies: "To uncover a banned organization." The fact that the Supreme Court of the Russian Federation did not ban the religion of Jehovah's Witnesses, Ivanov, according to him, was not aware. He also does not know whether the organization "Administrative Center of Jehovah's Witnesses in Russia" has been liquidated. Witness Ivanov deciphers the abbreviation LRO as "international religious organization."

A secret witness under the pseudonym Gorchakov is being interrogated. He attended worship services of Jehovah's Witnesses until 2017. When asked by Polozov whether a witness understands the difference between a legal entity and an individual, he replies that for him it is one and the same. He did not hear any negative statements against the authorities from the defendants.

Gorchakov cannot name the dates of meetings with Polozov and Shevelev, he does not remember the topic of discussion. According to the witness, he did not receive any threats from the believers. Nevertheless, he refuses to answer many questions, arguing that his identity will be declassified.

Prosecution witnesses do not come to the hearing, so their testimony is read out from the case file.

Prosecution witness Larin, who attended services of Jehovah's Witnesses and documented, according to him, about 20 liturgical meetings, is being questioned. The Witness repeatedly repeats that the reason for the ban on the organization of Jehovah's Witnesses in Russia is that they are dangerous to the constitutional order because of their views on military service, blood transfusions and attitude to power, but cannot cite any specific facts to support his words.

The defense considers material evidence. It is found that the accompanying document does not correspond to the record of the inspection in the case file, and there is also no tag on the packaging and the signatures of the witnesses. Some packages have incorrect addresses. The prosecutor cannot read one of the search protocols, citing illegible handwriting.

The defendants testify. The conclusion of the religious examination is read out. The characteristics of the defendants are investigated.

A disc is being viewed, on which, according to the prosecutor, Alexander Polozov refers to a banned site and uses a banned publication. However, it is clearly audible that the phrases attributed to Polozov were not uttered by him. Also, the publication that was discussed there is not included in the list of extremist literature.

The prosecutor requests 6 years in prison for Stepan Shevelev and Aleksandr Polozov.

The defendants make their final statements.