Unjust Verdicts

One of Jehovah's Witnesses, Vitaliy Omelchenko, Will Pay a Fine of 580,000 Rubles Because of His Faith. An Appeal in Murmansk Upheld the Verdict of a Lower Court

Murmansk Region

On December 15, 2022, the Murmansk Regional Court, chaired by Judge Nikolay Martynov, denied the appeal of one of Jehovah's Witnesses, Vitaliy Omelchenko, against the guilty verdict issued by the first instance court. The penalty of a fine in the amount of 580,000 rubles became enforceable.

The criminal case against Vitaliy was initiated in December 2019. A month later the believer was detained near his house, after which he was sent to a detention center for two days. The court decided that Bible-based discussions among fellow believers constituted "a serious crime against the foundations of the constitutional order and the security of the state, characterized by a high degree of public danger".

“The court groundlessly recognized my peaceful practice of the religion of Jehovah's Witnesses together with others as a crime,” Omelchenko said in his appeal. “I was not engaged in extremist or other illegal activities. I lead a peaceful life, I respect authority, and I obey the law because I am a believer. Displaying hatred, enmity and violence is incompatible with my views. I have respect for representatives of other religions and nationalities.” The believer still insists on his innocence. He has the right to appeal the verdict in the cassational court.

Numerous Russian and international human rights activists have repeatedly pointed out that the persecution of Jehovah's Witnesses by the Russian authorities is unacceptable. In fact, on June 7, 2022, the European Court of Human Rights ruled that “the imposition of criminal sanctions for manifestation of religious beliefs amounts to an interference with the exercise of the right to freedom of religion under Article 9 § 1 of the Convention” (§ 264).

Case of Omelchenko in Murmansk

Case History
At the end of December 2019, law enforcement officers in Murmansk raided the homes of Jehovah’s Witnesses. The Investigative Committee initiated a criminal case against Vitaliy Omelchenko for organizing the activities of an extremist organization merely because he said prayers and conducted worship services. A month later, the security forces detained the believer near his house and sent him to a temporary detention center; two days later the court released him but imposed a ban on certain actions. In early 2021, the case went to court. The prosecution appointed as experts Tarasov, Kotelnikov and Kryukova, who are known for their prejudiced attitude towards Jehovah’s Witnesses. In September 2022, the prosecutor requested six years in a general regime penal colony for the believer, but the court sentenced him to a fine of 580,000 rubles. The appellate court upheld that verdict.
Timeline

Persons in case

Criminal case

Region:
Murmansk Region
Locality:
Murmansk
Suspected of:
"organized in residential premises, as well as in other places, the activities of a local religious organization by holding meetings ... personal ascension of sermons... involvement of new persons, as well as other actions of an organizational nature"
Court case number:
11902470002000277
Initiated:
December 23, 2019
Current case stage:
the verdict entered into force
Investigating:
СО СУ СК России по Мурманской области
Articles of Criminal Code of Russian Federation:
282.2 (1)
Court case number:
1-11/2022 (1-83/2021)
Court:
Октябрьский районный суд г. Мурманска
Judge of the Court of First Instance:
Роман Гирич
Case History