Case of the Polyakovs and Others in Omsk

A. Sylnik, senior investigator of the Azov Interdistrict Investigation Department of the Investigative Committee of the Investigative Committee of the Russian Federation for the Omsk Region, initiates a criminal case under Article 282.2 of the Criminal Code of the Russian Federation against Sergey and Anastasia Polyakov.

Searches were conducted at the homes of Sergey and Anastasia Polyakovs, Igor Zhukov, Gaukhar Bektemirova and Dinara Dyusekeyeva. Polyakovs Sergey and Anastasia were detained. During the arrest, Sergey was severely beaten by masked law enforcement officers. The investigation team is headed by Major of Justice Denis Loginovsky, an investigator of the Azov Investigative Directorate of the Investigative Committee of the Russian Federation in the Omsk Region.

Sergey Polyakov and Anastasia were charged under Part 2 of Article 282.2 of the Criminal Code of the Russian Federation.

A court hearing in the Azov City Court of the Omsk Region as a measure of restraint. Sergey and Anastasia were left in custody in a pre-trial detention center for 2 months until 04.09.2018 by the decision of the chairman of the court Nina Iordan.

The Omsk Regional Court leaves Sergey and Anastasia in custody for 01 month and 16 days, that is, until 08/20/2018.

The Azov District Court extends the detention of the spouses until 20.09.2018.

The Omsk Regional Court leaves Sergey and Anastasia in custody until 20.11.2018.

The Azov District Court extends the detention of the spouses until 20.12.2018.

The Omsk Regional Court replaces the measure of restraint for Sergey and Anastasia with house arrest until 12/20/2018.

After five months in solitary confinement, the Omsk Regional Court released the Polyakovs from custody under house arrest in one apartment. The case was transferred to the Investigative Directorate of the Investigative Committee of the Russian Federation for the Omsk Region.

The Kuibyshevsky District Court extends the stay under house arrest of Sergey and Anastasia until 20.01.2019, walks are allowed.

The Kuibyshevsky District Court extends the house arrest of Sergey and Anastasia until February 20, 2019.

The term of detention of the Polyakovs Sergey and Anastasia under house arrest has been extended until 20.03.2019.

The Omsk Regional Court cancels the measure of restraint in the form of house arrest for Sergey and Anastasia. A preventive measure was chosen in the form of a written undertaking not to leave and proper behavior.

Another search of believers.

Again searches in the case of the Polyakovs. The raid was sanctioned by Oksana Voltornist, a judge of the Kuibyshevsky District Court of Omsk.

Lieutenant Colonel of Justice D.V. Levchenko, Senior Investigator of the Investigative Directorate of the Investigative Committee of the Russian Federation for the Omsk Region, having considered the report on the detection of signs of a crime of the Investigative Committee of the Russian Federation No. 234pr-19 and the materials of the check on the fact of participation in the activities of a religious organization, opened a criminal case under Part 2 of Article 282.2 of the Criminal Code of the Russian Federation, against Karimzhanov A.Zh., Polyakov S.V., Polyakova A.A., Dyusekeeva D.Kh., Bektemirova G.M. and other persons.

The head of the first department for the investigation of particularly important cases of the Investigative Directorate of the Investigative Committee of the Russian Federation in the Omsk Region, Colonel of Justice K.M. Martynenko, reviewed the materials of UD No. 11802520007000028 and the materials of UD No. 11902520035000010 decided to combine criminal cases under the number No. 11802520007000028.

With Dyusekeyeva Dinara, an obligation to appear was received.

An obligation to appear was received from Bektemirova Gaukhar.

Dyusekeeva and Bektemirova were charged under Part 2 of Article 282.2 of the Criminal Code of the Russian Federation.

A criminal case was initiated by the investigator of the first department for the investigation of especially important cases of the Investigative Directorate of the Investigative Committee of the Russian Federation for the Omsk Region D.V. Levchenko against A.V. Karimzhanov, S.V. Polyakov, and I.V. Zhukov under Part 1 of Article 282.3 of the Criminal Code of the Russian Federation. Combining a criminal case initiated on 20.06.2018 with a new criminal case into one.

Sergey Polyakov was charged under Part 1 of Article 282.3 of the Criminal Code of the Russian Federation.

First Deputy Prosecutor of the Omsk Region A.A. Lorenz signs the indictment.

The case is referred for consideration on the merits to the Leninsky District Court of Omsk.

A preliminary hearing is being held in the Leninsky District Court of Omsk, chaired by Judge Ivan Kargapolov. The defendants filed a motion to transfer the case to the Pervomaisky District Court of Omsk in connection with the territory of jurisdiction, it will be considered on November 20.

The court satisfies the defense's petition to send the criminal case to the Pervomaisky District Court of Omsk. The exact date of the next meeting is still unknown.

Continuation of the preliminary hearing. The question of the legality of the defense of three defendants by lawyer Kolobov at the same time is discussed. The judge notes that during the preliminary investigation, the defendants Polyakovs testified, but Dyusekeeva did not, which may lead to a conflict of interests in the future. The defense objects, since at the moment there are no contradictions, and the Criminal Procedure Code does not provide for the disqualification of the defender in connection with conflicts of interest in the future, which may not arise in the future.

The next meetings will be held on December 18 and 23.

The court rejects the request to return the case to the prosecutor. The preliminary hearing is over.

The first court hearing. The indictment is announced. All the defendants do not admit guilt and declare that they do not understand the charges. The procedure for examining evidence has been established. The next hearings are scheduled for January 22 and 23.

Court hearings are ongoing. About 30 people who come to support the defendants are not allowed into the courtroom. The first to be questioned is a specialist from the Ministry of Justice, who informs the court that the religion of Jehovah's Witnesses is not prohibited.

Two witnesses for the prosecution do not provide any information relevant to the case, but only express personal hostility to the religious views of the defendants. The other two witnesses, one of whom is a mullah of a mosque in Omsk, share their memories of discussing religious issues with the Polyakovs. Both witnesses confirm that these were ordinary conversations about God, their rights were not violated. The mullah complains: "I didn't like what he was preaching here. [...] This is my village, this is where I preach."

A mother of many children, who discussed the Bible with the defendant Anastasia Polyakova, was interrogated. She reports that she was not taught anything bad, her rights and freedoms were not violated. Two volumes of the materials of the criminal case were announced, including a discussion of the Bible by phone.

The court interrogates three witnesses with whom the Polyakovs had conversations about God. They confirm that their rights were not violated during the interview. The court examines the materials of the case, including a disc with cartoons on biblical motifs. The Polyakovs once presented this disc to the witness Zhaurova. The judge grants the lawyer's request to review the contents of the disc. 10 cartoons are played. The defense draws the court's attention to the fact that the Bible serves as the main material for cartoons.

The court interrogates four more witnesses with whom the Polyakovs discussed the Bible. All witnesses confirm that during the interview with the accused, their rights were not violated, and no harm was caused. During the break, it becomes obvious that the interrogated witnesses communicate with the unquestioned, as well as with the CPE officer who accompanied them. In this regard, the defense file a motion for the interrogation of G. M. Skripnikova, who witnessed non-compliance with measures to suppress the communication of witnesses during the trial. The court grants the request and requests information about the employee of the CPE. Further, the court continues to examine the material evidence presented by the disc with cartoons. Another 10 cartoons are played.

Testimony is given by two other witnesses who discussed the Bible with the Polyakovs. They indicate that their rights have not been violated, no harm has been caused. The prosecutor reads out the fourth volume of the case.

In the Pervomaisky District Court of Omsk, the debate of the parties begins. The prosecutor requests 6 years and 6 months of real imprisonment for Sergey Polyakov under Part 1 of Article 282.2 of the Criminal Code of the Russian Federation. Anastasia Polyakova, Dinara Dyusekeyeva and Gaukhar Bektemirova (charged under Part 2 of Article 282.2 of the Criminal Code of the Russian Federation) are asked by the state prosecutor to be sentenced to 2 years of suspended imprisonment.

After the prosecutor's speech, the believers themselves speak in the debate.

The position of the lawyer in the debate will be presented on September 24, 2020. On the same day, the defendants will address the court with the last word, and the judge may announce the date of the announcement of the verdict.

In the Pervomaisky District Court of the city of Omsk, Sergey, Anastasia Polyakovs and Gaukhar Bektemirova speak with the last word. The fourth accused, Dinara Dyusekeyeva, will make her final statement at the next hearing, on October 21. The verdict to the believers must be pronounced on the same day.

The hearing is postponed to November 10, 2020.

Judge Denis Pershukevich in the Pervomaisky District Court of Omsk begins, but does not finish, read out the verdict in the case. The announcement of the verdict will continue on Monday, November 30.

Judge of the Pervomaisky District Court of Omsk Denis Pershukevich sentences Sergey Polyakov to 3 years of imprisonment in a general regime colony. At the same time, the court decides to include 5 months of the believer's stay in a pre-trial detention center and 3 months under house arrest in the served term. The court sentenced Anastasia Polyakova to 2 years and 6 months of probation. Gaukhar Bektemirova and Dinara Dyusekeyeva also receive suspended sentences of 2 years and 3 months, as well as 2 years, respectively. Believers do not agree with the guilty verdict and will appeal against it.

Omsk Regional Court (Omsk, Suvorov str., 99).