An Ussuriysk Court Sentenced 47-Year-Old Vitaliy Ilinykh to a Two-and-a-Half Year Probation for Believing in Jehovah God

On April 15, 2022, Anna Zakharova, judge of the Ussuriysk District Court of the Primorsky Territory, found Vitaliy Ilinykh guilty of participating in the activities of an extremist organization and sentenced him to 2.5 years of suspended sentence for religious beliefs (text updated, previously reported on a suspended sentence of 2 years).

Addressing the court with the last word, the believer noted: “During the investigation, they often hinted at me and even directly told me to change my religion. But it was my religion that made me who I am today. Thanks to Jehovah's Witnesses, I have quit smoking, drinking, using drugs, swearing, disrespecting people, and the list goes on. And now I need to change religion? This would mean betraying Jehovah God, in whom I believe and who showed me the meaning of life.”

The first search at the Ilinykh' and his wife's home took place in February, 2019, as part of a criminal case against his mother. In September 2019, investigator E. S. Marvanyuk opened a criminal case against the believer, charging him with organizing the activities of an extremist organization, and later mitigated the charge to participation in extremist activities (part 2 of article 282.2 of the Criminal Code of the Russian Federation). His home was searched again in October 2019. On the same day, Ilinykh was detained. After 3 days in the temporary detention facility, the court released the believer from custody, and the investigator Marvanyuk placed him under recognizance agreement.

After 13 months of investigation, in November 2020, the case was submitted to Judge Tatyana Pavlenko for consideration at the Ussuriyskiy District Court of Primorye Territory. In March 2021, the Ilinykh case was transferred to another judge, Anna Zakharova. The accusation was based on the testimony of a secret witness, an anti-Jehovah's Witness woman who attended religious services to collect information. At the same time, during interrogation in court, she admitted that she had never heard threats from them against her, calls for violence, genocide or overthrow of state power. Although there is not a single victim in the case, the prosecutor asked the court to sentence the believer to 4 years of suspended sentence.

Vitaliy Ilinykh looked after his mother, Olga Opaleva, for some time, who also faced criminal prosecution for her faith. During the investigation, the elderly woman suffered a heart attack and a stroke. Due to restrictions imposed by the court, Vitaliy could not fully take care of her.

The verdict has not entered into force. The believer insists on his complete innocence and can appeal the verdict.

On February 3, 2022, the Ussuriyskiy District Court sentenced another believer, Sergey Melnikov, accused under the same article, to 3 years of suspended sentence.

As in other cases against believers, the essence of the charge is that the peaceful legal expression of faith is equated with extremist activity. At the same time, at court hearings, evidence is given only of citizens belonging to the religion of Jehovah's Witnesses, and not of inciting religious hatred by them.

Russian and foreign human rights activists and politicians pay attention to this legal collision. So, on November 8, 2021, the public committee “Freedom of Conscience” stated: “The decision of the Plenum of the Supreme Court of Russia should be implemented in judicial practice. The state must admit its mistake, and law enforcement agencies and courts must stop the repressions against Jehovah's Witnesses. The state should apologize to believers . . . The truth of the faith, the correctness of the translation and interpretation of the Bible, as well as the rootedness of the confession in the domestic tradition—all this should not be of interest to the state, which must observe neutrality in matters of religion . . . The definition of extremism in the law should be stated in such a way that under only actions that pose a real public danger—violence, propaganda of violence, calls for violence fell under it”.