The newly created Court of Cassation of General Jurisdiction found the detention of Jehovah's Witnesses in Kemerovo unjustified

On December 23, 2019, the Eighth Court of Cassation of General Jurisdiction overturned the appeal decision of the Kemerovo Regional Court, which upheld the 6-month extension of the period of detention of Kemerovo residents Sergey Britvin and Vadim Levchuk. Although the believers have already served this term in a pre-trial detention center, it is important that it is recognized as illegal. 

Here's how events unfolded: 

• 13.06.2019

  The Berezovsky City Court, based on the results of the preliminary hearing, extends the period of detention of Sergey Britvin and Vadim Levchuk in custody for another 6 months, that is, until December 3, 2019. By that time, both had already been behind bars for almost 11 months. 

• 17.06.2019

  The lawyer is filing an appeal with the Kemerovo Regional Court against the decision of the Berezovsky City Court of 13.06.2019 to extend the period of detention for Britvin and Levchuk until December 3, 2019 . 

• 19.07.2019

  The Kemerovo Regional Court refuses to satisfy the lawyer's appeal filed on 17.06.2019. 

• 30.07.2019

  The lawyer submits a cassation appeal to the Presidium of the Kemerovo Regional Court against the decision of the Berezovsky City Court of 13.06.2019 and the decision of the Kemerovo Regional Court of 19.07.2019. 

• 19.08.2019

  The judge of the  Kemerovo Regional Court refuses to transfer the cassation appeal dated 30.07.2019 to the Presidium of the Regional Court. 

• 12.09.2019

  The lawyer submits a cassation to the higher Supreme Court of the Russian Federation. 

• 12.11.2019

  The Supreme Court of the Russian Federation satisfies the cassation appeal. Judge of the Supreme Court of the Russian Federation Vasily Zykin, having studied the circumstances of the case, notes that the decision on the 6-month extension of the period of detention of Kemerovo residents Sergey Britvin and Vadim Levchuk "cannot be recognized as lawful and justified." The Supreme Court refers the cassation appeal for consideration to the newly created Eighth Court of Cassation of General Jurisdiction (located in the city of Kemerovo). 

• 27.11.2019

  The Berezovsky City Court extends the period of detention of Sergey Britvin and Vadim Levchuk for another 3 months, that is, until March 3, 2020. 

• 02.12.2019

  The lawyer is filing an appeal with the Kemerovo Regional Court against the decision of the Berezovsky City Court of 27.11.2019 to extend the period of detention for Britvin and Levchuk until March 3, 2020. 

• 23.12.2019

  The Kemerovo Regional Court changes the decision of the Berezovsky City Court of 27.11.2019 (on a 3-month extension of the period of detention of believers) and assigns them house arrest. On the same day, the Eighth Court of Cassation of General Jurisdiction cancels the appeal decision of the Kemerovo Regional Court of 19.07.2019 (on a 6-month extension of the period of detention of believers) and returns the case to the Kemerovo Regional Court for the appeal stage.   

• 25.12.2019

  Late in the evening, believers leave the pre-trial detention center after 521 days in custody. 

Believers do not admit their guilt, insist that they are simply practicing their religion - and this is not prohibited by law. They cannot be charged with the victims or the damage caused. 

Cassation courts of general jurisdiction are an innovation in Russian legal proceedings. The cassation courts of general jurisdiction began their work on October 1, 2019. A total of 9 cassation courts of general jurisdiction were established in Saratov, Moscow, St. Petersburg, Krasnodar, Pyatigorsk, Samara, Chelyabinsk, Kemerovo and Vladivostok.