Sushilnikov case in Novokuznetsk

Case History

During 2019 and 2020, the FSB monitored the telephone conversations of believers from/to Novokuznetsk and made audio and video recordings of meetings for worship. In June 2021, the Investigative Committee initiated a criminal case against a veteran of labor, Sergey Sushilnikov. The peaceful believer was accused of continuing the activity of the local religious organization of Jehovah’s Witnesses and having conversations “in order to promote the activity of this banned organization”. His apartment was searched, during which time the law enforcement officers used force against Sergey and his wife and damaged their property. The believer was made to sign an agreement to appear if summoned, and later – a recognizance agreement. In July 2021, he was added to the Rosfinmonitoring list of extremists and his accounts were blocked. Sushilnikov’s criminal case went to court in February 2022. After 11 months, the believer was given a 6-year suspended sentence. The court of appeal upheld this decision.

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    Tapping and hidden surveillance

    Operational-search measures "Observation" are carried out: audio and video recordings of meetings, wiretapping of telephone conversations.

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    Case initiated Art. 282.2 (1)

    Pavel Nekhoroshev, senior investigator of the Novokuznetsk Investigative Directorate of the Investigative Committee of the Russian Federation for the Kemerovo Region — Kuzbass, is initiating a criminal case against 64-year-old Sergey Sushilnikov under Part 1 of Article 282.2 of the Criminal Code of the Russian Federation. According to the investigation, the believer "deliberately organized the continuation of the activities of the Novokuznetsk LRO, in respect of which the court made a final decision on liquidation in connection with the implementation of extremist activities."

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    Search Violence by law enforcement officers Interrogation Recognizance agreement Summon to report

    From 7:00 there is a 3-hour search of the Sushilnikov spouses. Breaking into the apartment, the security forces force the pensioner to lie on the floor, and his wife is pressed against the wall. By their actions, law enforcement officers cause damage to property, in connection with which the apartment now requires repair. From stress, Sergey's blood pressure rises. Electronic devices and data carriers are seized from the spouses. Later, they are taken to the investigation department for interrogation. Sergey is provided with a state lawyer and released on his own recognizance.

    The investigator of the Investigative Directorate for the city of Novokuznetsk of the Investigative Committee of the Russian Federation for the Kemerovo Region, P.V. Nekhoroshev chooses a measure of restraint for Sushilnikov in the form of an obligation to appear.

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    Search Elderly Recognizance agreement Interrogation
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    Rosfinmonitoring

    Sergey Sushilnikov is included in the list of terrorists and extremists of Rosfinmonitoring, his accounts are blocked.

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    Recognizance agreement

    The investigator for especially important cases of the Investigative Committee for the city of Novokuznetsk of the Investigative Directorate of the Investigative Committee of the Russian Federation for the Kemerovo Region, V. S. Minaev, chooses a measure of restraint for Sushilnikov in the form of a written undertaking not to leave and proper behavior and decides to bring him as an accused.

    Despite the fact that Sergey was a member of the local religious organization of Jehovah's Witnesses until April 2017, the investigation interprets his peaceful confession of religion as a continuation of the activities of the liquidated legal entity and "committing deliberate actions of an organizational nature."

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    Case went to court

    Sushilnikov's case is submitted to the Kuznetsk District Court of Novokuznetsk, Kemerovo Region. It is appointed to Judge Anton Iordan.

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    Hearing in a court of the first instance

    The first court hearing in the case of Sergey Sushilnikov is taking place. More than 50 believers gather near the building to support Sergey, but only 5 people are allowed into the courtroom.

    Sushilnikov and his lawyer read out the attitude to the charges. The believer does not admit his guilt and explains to the court: "The indictment does not contain any specific speech passages that testify to the manifestation of extremism on my part, as well as the date, time and place of their utterance. It is blamed for the fact that I shared the ideology of the liquidated organization and adhered to its beliefs and views."

    The state prosecutor - Assistant Prosecutor of Novokuznetsk Andrey Saransk - reads out the indictment, distorting the name of God, despite the fact that the believer at the beginning of his speech immediately pays attention to how it sounds correctly.

    At the next court session, it is planned to examine the evidence of Sergey Sushilnikov's guilt and the testimony of prosecution witnesses.

    Judge Anton Iordan opens the first court hearing in the case of Sergey Sushilnikov. More than 50 believers gather outside the courthouse to support Sergey, but only 5 people are allowed into the courtroom.

    Sergey and his lawyer read out their attitude to the prosecution. The believer does not admit his guilt and explains to the court: "The indictment does not contain any specific speech passages that testify to the manifestation of extremism on my part, as well as the date, time and place of their utterance. It is blamed for the fact that I shared the ideology of the liquidated organization and adhered to its beliefs and views."

    The state prosecutor - Assistant Prosecutor of Novokuznetsk Andrey Saransk - reads out the indictment, distorting the name of God, despite the fact that the believer at the beginning of his speech immediately pays attention to how it sounds correctly.

    At the next court session, it is planned to examine the evidence of Sergey Sushilnikov's guilt and the testimony of prosecution witnesses.

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    Hearing in a court of the first instance

    More than 70 believers come to the courtroom to support Sergey. Only 5 people are allowed to attend the meeting.

    The prosecutor, reading out the transcripts of audio recordings of worship meetings, reads out the words of prayer and excerpts from the speeches of the services. Then the prosecutor acquaints the court with the evidence of the prosecution, including recordings of telephone conversations, analyzes and conclusions of experts: religious scholar and culturologist, phonoscopic and linguistic examinations, protocols of inspection of seized things and documents, as well as protocols of interrogations.

    Witnesses are scheduled to be questioned at the next hearing.

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    Hearing in a court of the first instance Interrogation

    A prosecution witness who was searched in 2021 is being questioned. Prosecutor Andrei Saranskiy is interested in when the witness attended the liturgical meetings, whether she saw the defendant there and what literature she had before 2017. The prosecutor also asks the witness whether she communicated with Sushilnikov on religious topics and whether he encouraged her to distribute religious literature, to which the witness replies in the negative.

    The lawyer interrogates the witness Tatyana Sushilnikova, the defendant's wife. She says that in 43 years of marriage with Sergey, she has never heard from him statements related to the incitement of hostility and hatred towards other people.

    At the next court session, the questioning of witnesses will continue.

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    Hearing in a court of the first instance Interrogation

    About 70 believers again come to support Sushilnikov. 6 people are allowed into the courtroom. The interrogation of prosecution witnesses continues, only two appear at the hearing. Their initial written testimony is partially announced, as they differ from the answers at the trial. The interrogation of three prosecution witnesses who did not appear and three more, summoned additionally at the request of the prosecutor, is scheduled for June 1, 2022.

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    Hearing in a court of the first instance Interrogation

    To support Sergey Sushilnikov, about 70 people once again come to the courthouse.

    The court continues to question witnesses. The prosecution is represented by Deputy Prosecutor Taras Kucheryavenko.

    One of the witnesses says that she does not know the defendant, but communicated with Jehovah's Witnesses once.

    Another witness, a senior commissioner for particularly important cases of the FSB, states that Sergey Sushilnikov continued to hold meetings of a religious nature on the Internet as a leader. However, he cannot provide evidence of this, as well as explain what exactly is prohibited by the decision of the Supreme Court of April 20, 2017.

    The court proceeds to the questioning of the witness-clergyman, despite the motion of the defense to challenge him. The Witness makes vague accusations against Jehovah's Witnesses. When Judge Anton Jordan asks for evidence, he refers to Orthodox literature.

    The next witness is absent, so his testimony is read out. He also does not know Sushilnikov, knows nothing about Jehovah's Witnesses, has never attended their services, and learned about the ban on activities on television.

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    Hearing in a court of the first instance Interrogation

    About 95 people come to the courthouse to support Sergey Sushilnikov.

    Prosecution witness Sergei Beresnev, an FSB officer, is being questioned. On his behalf, the security forces monitored Sushilnikov and made covert photo and video filming in order to identify his social circle and establish "the defendant's affiliation with the organization of Jehovah's Witnesses." Beresnev says that he received such an assignment from his superiors.

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    Hearing in a court of the first instance Interrogation

    About 60 of Sergey's fellow believers are outside the courthouse during the hearing.

    Sushilnikov is being interrogated. The believer categorically disagrees with the accusation and refutes it on all counts. He states that law enforcement agencies are essentially accusing Jehovah's Witnesses of simply continuing to worship God as they see fit. He also notes that the Supreme Court, when deciding on the liquidation of legal entities of Jehovah's Witnesses, did not evaluate liturgical rites, and the Constitution of the Russian Federation guarantees everyone the right to freedom of religion. In addition, the indictment does not contain specific dates and places where the "crime" was committed, as well as the victims.

    At the request of the lawyer, written evidence from the case file is read out, including information about the rehabilitation of Jehovah's Witnesses who were repressed in the Soviet Union. Also, the defense recalls the position of Russian President V. Putin, who said: "Jehovah's Witnesses are also Christians, for which they are persecuted, I also do not really understand."

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    Hearing in a court of the first instance

    To support the believer, 95 people gather outside the courthouse.

    The defense draws attention to the fact that the wording of the decision in the case to prosecute as an accused, on the basis of which the indictment was drawn up, differs from the wording of the decision that was in the case file at the time the defense familiarized itself with them.

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    Hearing in a court of the first instance Prosecutor requested punishment

    The prosecutor asks for a sentence of six years in a penal colony. Before that, the court interrogates the investigator, who cannot explain why the wording of the decision to prosecute as an accused differs from each other. It also confirms that the case materials were submitted to the defense for review in an unstitched form (this is a violation, since it leaves room for falsification).

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    First Instance Sentence Suspended sentence Art. 282.2 (1) Prosecution of several family members Closing arguments for the defense Final statement

    The Kuznetsk District Court of Novokuznetsk sentences Sergey Sushilnikov to 6 years of suspended imprisonment.

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    Art. 282.2 (1) Court of Appeal Suspended sentence Elderly
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