Case of Kuzichkin and Popov in Sochi

Case History

In October 2019, special services conducted 36 raids in the Krasnodar Territory, during which Nikolay Kuzichkin and Vyacheslav Popov were detained. Investigative Committee of the Russian Federation for the Krasnodar Territory accuses believers of convening and conducting worship services. Judge Nikolay Shevelev decided to detain both men for their convictions. Despite the rapidly deteriorating health, elderly Nikolay Kuzichkin was left in a pre-trial detention center, which was a serious threat to his life for six months. Vyacheslav’s large family was also going through difficult times when the head of the family was in custody and could not take care of his relatives. Judge of the Khostinsky District Court of Sochi, Yuriy Pilipenko, found the believers guilty of organizing the activities of an extremist organization and sentenced Nikolay to imprisonment for 1 year and 1 month, and Vyacheslav — 1 year and 10 months. Since the believers had already served these terms in a pre-trial detention center, they were released on December 18 and 29, 2020, respectively.

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    The Investigative Directorate of the Investigative Committee of the Russian Federation for the Krasnodar Territory initiates a criminal case for faith under Article 282.2 (1) against Nikolay Kuzichkin and Vyacheslav Popov.

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    Armed security officers conduct a record 36 searches in a single day, from the Lazarevskoye neighborhood to the village of Krasnaya Polyana in the mountains and the village of Veseloye near the border with Abkhazia. During the searches, 68-year-old Nikolai Kuzichkin and 45-year-old Vyacheslav Popov were detained.

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    Search Temporary detention facility Elderly

    Judge of the Central District Court of Sochi Nikolay Shevelev sends both believers to the pre-trial detention center until November 24.

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    Search Detention center Elderly
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    Search Case initiated Art. 282.2 (1) Elderly Detention center Plant evidence
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    Kuzichkin's lawyer appeals to the head of the pre-trial detention center, Maxim Tereshchenko, with a request for his medical examination. After a week of deliberation, Tereshchenko rejects the petition. The head of the medical unit, Sidelnikov, also refuses Kuzichkin medical examination and treatment, referring to the Constitution of the Russian Federation.

    Kuzichkin's health is rapidly deteriorating due to the conditions of his detention.

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    Sergey Martynenko, judge of the Sochi Central District Court, extends the period of detention of both believers by 1 month, until December 24, 2019.

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    Detention center Elderly Health risk Restriction of the right to medical care Medical treatment within the Federal Penitentiary Service
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    The Court of Appeal leaves Nikolay Kuzichkin in custody, despite his state of health.

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    Detention center Health risk Restriction of the right to medical care Elderly
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    By decision of the Sochi District Court, Nikolay Kuzichkin was left in custody until February 24, 2020. About 70 friends and acquaintances of Nikolay gather before the court session to support his fellow believer.

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    A court hearing on the measure of restraint for Popov. About 50 people come to support the believer, but few are allowed into the hall. The rest are waiting for the end of the meeting on the street in the rain. During the hearings, Popov states that the investigator is delaying the process. For all the time, only 12 witnesses were interviewed. The investigator, in turn, claims that Nikolay can hide from the investigation and petitions for an extension of his arrest. The judge grants the petition, Popov remains in custody for at least another month - until February 24.

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    Detention center Elderly Health risk Restriction of the right to medical care
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    According to the results of the inspection conducted by the Prosecutor's Office of the Krasnodar Territory, the facts are confirmed that the believer was not provided with timely medical assistance in the Armavir pre-trial detention center No. 2, and there were also violations during his escort.

    The prosecutor makes a submission to the head of the medical unit on the violations identified, including the failure to provide information on the merits of the issue.

    Back in December 2019, Kuzichkin's lawyer sent a statement about the failure to provide him with medical assistance, to which he did not receive a specific answer. At the end of December 2019, Kuzichkin nevertheless underwent a medical examination, but the doctors of the Clinical Oncology Center No. 1 of Krasnodar came to the conclusion that Kuzichkin's diseases are not included in the "list of diseases that prevent detention."

    Nikolay Kuzichkin is transferred from the pre-trial detention center in Armavir to a temporary detention center in Sochi. On February 24, the term of arrest of the believer expires. Up to and including this date, a hearing should be held in the Sochi District Court on the further measure of restraint for Kuzichkin.

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    About 50 people gather near the court building before the start of the hearing, they came to support the believers. But they are not allowed into the hall - the hearings are held behind closed doors.

    Nikolay Kuzichkin has a new lawyer by appointment, who did not have time to properly familiarize himself with the case materials. The lawyer is suspended from Kuzichkin's defense by agreement, but continues to defend Popov. The court had previously forbidden the lawyer to represent the interests of both believers at the same time, baselessly arguing that the interests of Popov and Kuzichkin contradict each other. The lawyer himself considers this motivation ridiculous.

    Judge Valery Butyaev makes a private decision, recognizing the investigation of the criminal case of Kuzichkin and Popov, which has been going on for the fifth month, ineffective. Despite the fact that the ineffective organization of the investigation is one of the grounds for refusing to extend the detention, the judge for the fourth time extends the period of detention of Kuzichkin and Popov until March 24, 2020.

    Kuzichkin's wife claims that she is denied visits with her husband.

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    Vyacheslav Popov and Nikolay Kuzichkin were taken from the Armavir pre-trial detention center in Sochi for investigative actions. Their spouses try to give them homemade food and vitamins, but are refused. They also complain that they are denied a visit, despite their numerous requests.

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    About two dozen people gather near the building of the Khostinsky District Court to support Vyacheslav Popov.

    This court is considering a complaint filed by Popov's lawyer to extend his detention until March 24 via videoconferencing with the Krasnodar Regional Court. The court session shall be held in an open mode. During the debate, the prosecutor asks to leave the decision of the Sochi court unchanged. Vyacheslav Popov and his lawyer ask to satisfy the complaint and replace the measure of restraint from arrest to a milder one, for example, house arrest. "Due to the existing violations", the judge of the regional court cancels the decision of the court of first instance, and decides to return for a new consideration to the court of first instance the materials of the case on the extension of Vyacheslav Popov's detention. At the same time, at the time of the new trial, the court decides to leave Popov in custody until March 22.

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    The Krasnodar Regional Court decides to release Nikolai Kuzichkin from the pre-trial detention center under house arrest.

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    House arrest Elderly Health risk
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    Nikolay Kuzichkin leaves the pre-trial detention center in an extremely weakened state, barely able to stand on his feet. He will continue to await trial under house arrest in Sochi. He is forbidden to correspond and contact with other people. The mitigation of the measure of restraint will allow the believer to undergo high-quality examination and treatment, which was excluded in the isolation ward.

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    Vyacheslav Popov is appealing to a higher court against another decision to extend his detention. The hearing in the Krasnodar Regional Court is held behind closed doors due to the epidemiological situation. The believer defends his right to freedom of religion. The defense asks the court to take into account the opinion of the UN Working Group, as well as the fact that a long stay in the pre-trial detention center affects Vyacheslav's health. Nevertheless, the court upholds the chosen measure of restraint.

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    First Instance Sentence Art. 282.2 (1) Deprivation of liberty Elderly Prosecutor requested punishment

    Yuriy Pilipenko, a judge of the Khostinsky District Court of Sochi, issues a verdict: to find Vyacheslav Popov and Nikolai Kuzichkin guilty of organizing the activities of an extremist organization and to impose a sentence of 1 year and 1 month in prison for Kuzichkin and 1 year and 10 months for Popov. Release in connection with the actual serving of his sentence (Vyacheslav Popov stayed in the pre-trial detention center for 1 year and 2 months, and Nikolai Kuzichkin spent 6.5 months in the pre-trial detention center plus 8 months under house arrest.)

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    Vyacheslav Popov is released from the pre-trial detention center, where he was held before and after the verdict until his release. In general, the believer spent almost 1 year and 3 months in prison.

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