{"id":2846,"date":"2017-04-05T15:33:52","date_gmt":"2017-04-05T15:33:52","guid":{"rendered":"https:\/\/jwforum.net\/news\/2017\/04\/05\/day-1-report-the-supreme-court-is-hearing-a-case-on-the-prohibition-of-religion-of-jehovahs-witnesses\/"},"modified":"2021-08-18T10:25:34","modified_gmt":"2021-08-18T07:25:34","slug":"day-1-report-the-supreme-court-is-hearing-a-case-on-the-prohibition-of-religion-of-jehovahs-witnesses","status":"publish","type":"post","link":"https:\/\/jwforum.net\/portal\/day-1-report-the-supreme-court-is-hearing-a-case-on-the-prohibition-of-religion-of-jehovahs-witnesses\/","title":{"rendered":"Day 1: Report: the Supreme Court is hearing a case on the prohibition of religion of Jehovah’s Witnesses"},"content":{"rendered":"

The Supreme Court of Russia started hearings on the lawsuit on the liquidation of Jehovah’s Witnesses.<\/span>\u00c2\u00a0A textual report is being conducted from the courtroom.<\/span><\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
10:58<\/span><\/th>\n\n

The large beautiful courtroom is crowded.<\/span>\u00c2\u00a0There are more than 200 people, including numerous journalists, representatives of public organizations, foreign embassies.<\/span>\u00c2\u00a0The hearing began at 10:30.<\/span><\/p>\n

A little less than 250 people remained on the street to wait for the results of the hearing.<\/span>\u00c2\u00a0Povarskaya Street in Moscow is filled with cars with TV transmitting antennas.<\/span>\u00c2\u00a0Many cameras are taking off.<\/span>\u00c2\u00a0From the police radios, the messages “Everything is calm, without incident” are periodically heard.<\/span>\u00c2\u00a0In the hall, representatives of embassies and foreign organizations in the headphones listen to the translation of the process.<\/span><\/p>\n

The case is heard by Judge Yu. Ivanenko.<\/span>\u00c2\u00a0The party of the defendant, the “Administrative Center of Jehovah’s Witnesses in Russia”, represents 6 people, including Vasily Kalina from the steering committee, as well as lawyers.<\/span>\u00c2\u00a0Representative of the Ministry of Justice of Russia – Svetlana Borisova.<\/span>\u00c2\u00a0The defendant’s objections to the case are added together with the annexes in 35 volumes.<\/span><\/p>\n

The court allowed photography and video recording only when the final act was announced.<\/span>\u00c2\u00a0However, for audio recording there are no obstacles.<\/span>\u00c2\u00a0About 40 media representatives are present in the hall, they occupy the first rows in the hall.<\/span><\/p>\n

 <\/p>\n

\u00c2\u00a0<\/p>\n<\/td>\n<\/tr>\n

11:00<\/span><\/th>\nThe court refused to accept a counterclaim on recognizing the actions of the Ministry of Justice as political repressions.<\/span>\u00c2\u00a0The judge considered accepting objections to the claim as a sufficient measure of defense for the defendant.<\/span><\/td>\n<\/tr>\n
11:15<\/span><\/th>\nRepresentatives of Jehovah’s Witnesses petition for admission to participate in the case representatives of all 395 local religious organizations.<\/span>\u00c2\u00a0Lawyer Zhenkov: “If believers across Russia are deprived of their rights, let them hear it here in court.”<\/span>\u00c2\u00a0Local religious organizations, contrary to the logic of the Ministry of Justice, are not structural units of each other, but independent legal entities.<\/span><\/td>\n<\/tr>\n
11:20<\/span><\/th>\nLawyer Omelchenko gives an example: “According to the logic of the Ministry of Justice, it turns out, we must pass a sentence: Shoot the ataman.<\/span>\u00c2\u00a0And his whole platoon. “<\/span><\/td>\n<\/tr>\n
11:25<\/span><\/th>\nThe court refused to involve 395 local organizations in the case as co-defendants.<\/span><\/td>\n<\/tr>\n
11:30<\/span><\/th>\nJehovah’s Witnesses asked the court to authorize the audiotransmission of the court session.<\/span>\u00c2\u00a0The court refused.<\/span><\/td>\n<\/tr>\n
11:35<\/span><\/th>\nLawyers for Jehovah’s Witnesses ask the court to postpone the hearing until a decision is made in another case in another court.<\/span>\u00c2\u00a0It is about\u00c2\u00a0appealing in court the orders of the Ministry of Justice on the suspension of the activities of organizations<\/a>\u00c2\u00a0.<\/span><\/td>\n<\/tr>\n
11:42<\/span><\/th>\nThe Ministry of Justice objects because it believes that the agency had every right to suspend the activities of the organizations.<\/span><\/td>\n<\/tr>\n
11:45<\/span><\/th>\nThe court refused to adjourn the hearing.<\/span><\/td>\n<\/tr>\n
11:50<\/span><\/th>\nLawyer Omelchenko petitioned to leave the suit of the Ministry of Justice without consideration.<\/span>\u00c2\u00a0The plaintiff did not observe the pre-trial order of settlement of claims to 395 communities of Jehovah’s Witnesses.<\/span>\u00c2\u00a0Before issuing a claim for the liquidation of 395 local religious organizations of Jehovah’s Witnesses, the state bodies, according to the law, had to issue official warnings to each of them and provide time for their correction.<\/span><\/td>\n<\/tr>\n
11:55<\/span><\/th>\nThe second reason for abandonment of this claim is that similar cases of liquidation and recognition of “extremist” 2 of 395 local organizations of Jehovah’s Witnesses (in Karachaevo-Cherkessia and the Samara region) are already being considered in Russian courts.<\/span><\/td>\n<\/tr>\n
12:05<\/span><\/th>\nThe court refused to satisfy the petition to leave without consideration.<\/span><\/td>\n<\/tr>\n
12:10<\/span><\/th>\nRepresentatives of Jehovah’s Witnesses are asked to postpone the hearing for one week due to the fact that the Ministry of Justice filed the claim to the respondent untimely.<\/span>\u00c2\u00a0It was received by mail only on March 28, 2017.<\/span>\u00c2\u00a0In addition, the Ministry of Justice did not provide the defendant with all the documents specified in the appendices to the statement of claim.<\/span><\/td>\n<\/tr>\n
12:17<\/span><\/th>\nThe Ministry of Justice does not object to the adjournment of the case.<\/span><\/td>\n<\/tr>\n
12:19<\/span><\/th>\nThe court refused to adjourn the case.<\/span><\/td>\n<\/tr>\n
12:20<\/span><\/th>\nZhenkov’s lawyer solicits the suspension of the case due to the fact that a number of Russian courts have submitted applications to consider the court decisions that came into force on newly discovered circumstances.<\/span>\u00c2\u00a0This is a review of the cases that have entered into force for the liquidation of 8 local religious organizations (MPOs) and the introduction of 88 publications of Jehovah’s Witnesses in the FEMC.<\/span>\u00c2\u00a0The fact is that all those decisions of the courts were made without involving the Administrative Center of Jehovah’s Witnesses in Russia, since the Ministry of Justice insisted that the decisions of the courts against the LROs did not affect the rights of the Jehovah’s Witnesses Administrative Center in Russia.<\/span>\u00c2\u00a0In this case, the Ministry of Justice changed its position and now all the charges brought against the LRO are made to the Management Center.<\/span><\/td>\n<\/tr>\n
12:30<\/span><\/th>\nThe Justice Ministry objects to the suspension, considering that the same lawyers as those involved in the liquidation of MPOs participated in cases involving the MPO.<\/span><\/td>\n<\/tr>\n
12:33<\/span><\/th>\nThe court retired to the advisory room.<\/span><\/td>\n<\/tr>\n
13:50<\/span><\/th>\nThe court left the meeting room.<\/span>\u00c2\u00a0In the suspension of the case denied.<\/span><\/td>\n<\/tr>\n
13:55<\/span><\/th>\nLawyer Zhenkov declares a petition to involve specialists, namely religious scholars and linguists, in the case.<\/span>\u00c2\u00a0Experts can clarify whether the texts that underlie the Ministry of Justice’s demand to ban an entire religion in Russia are really extremist and dangerous.<\/span><\/td>\n<\/tr>\n
14:00<\/span><\/th>\nAsked by the judge whether the lawyers offer to “audit” the decisions of the courts with which the literature was included in the FEMC, the lawyers explained that this information would be important for ascertaining the proportionality of the requirements of the Ministry of Justice.<\/span><\/td>\n<\/tr>\n
14:04<\/span><\/th>\nThe representative of the Ministry of Justice objects to admission of specialists to the hearing.<\/span><\/td>\n<\/tr>\n
14:05<\/span><\/th>\nThe court refused to involve experts in the hearing of the case.<\/span><\/td>\n<\/tr>\n
14:06<\/span><\/th>\nLawyer Zhenkov asks to involve 9 foreign legal entities representing religious associations of Jehovah’s Witnesses in Europe and America to participate in the case.<\/span>\u00c2\u00a0The reason is that the Ministry of Justice in its lawsuit asks the court to confiscate real estate objects belonging to these organizations.<\/span><\/td>\n<\/tr>\n
14:14<\/span><\/th>\nThe court refused to invite foreign organizations to participate in the case.<\/span><\/td>\n<\/tr>\n
14:15<\/span><\/th>\nLawyer Omelchenko declares a petition to involve eight Russian citizens as interested in participating in the case, who have been rehabilitated as victims of political repression.<\/span>\u00c2\u00a0These people are present in the hall.<\/span>\u00c2\u00a0Lawyers convincingly prove that if the suit is satisfied, these people from rehabilitated will turn into “extremists”.<\/span><\/td>\n<\/tr>\n
14:20<\/span><\/th>\nThe Justice Ministry believes that the court decides on the liquidation of legal entities, this does not apply to individual citizens.<\/span>\u00c2\u00a0In his remarks, lawyer Zhenkov recalled that such considerations were guided by the Soviet authorities, prohibiting the religion of Jehovah’s Witnesses, however, repression hurt people, and as a result they were rehabilitated.<\/span><\/td>\n<\/tr>\n
14:25<\/span><\/th>\nThe court refuses to satisfy the petition.<\/span><\/td>\n<\/tr>\n
14:30<\/span><\/th>\nLawyers apply for interrogation of individual citizens, followers of the religion of Jehovah’s Witnesses, who can testify about what measures were taken by Jehovah’s Witnesses to prevent extremist activity.<\/span><\/td>\n<\/tr>\n
14:35<\/span><\/th>\nThe Ministry of Justice does not object.<\/span>\u00c2\u00a0The court satisfied.<\/span><\/td>\n<\/tr>\n
14:40<\/span><\/th>\nLawyers apply for interrogation as witnesses of persons recognized as victims of political repression.<\/span>\u00c2\u00a0Ministry of Justice objects.<\/span>\u00c2\u00a0The court refuses.<\/span><\/td>\n<\/tr>\n
14:43<\/span><\/th>\nA representative of Jehovah’s Witnesses, M. Novakov, makes a petition for interrogation as witnesses of persons who witnessed the falsification of evidence against believers in cases that the Ministry of Justice uses in its lawsuit as “new evidence of an offense”.<\/span><\/td>\n<\/tr>\n
14:45<\/span><\/th>\nTo the judge’s objection that these are decisions that came into force, Novakov explains that in this case a pre-judicial approach can not be used, since we are talking about different subjects of law.<\/span>\u00c2\u00a0The court must directly investigate the evidence.<\/span>\u00c2\u00a0Novakov tells the court about the circumstances of the flogging and false testimony in a number of Russian cities.<\/span><\/td>\n<\/tr>\n
15:00<\/th>\nThe Justice Ministry objects, arguing that this interrogation, in their opinion, is aimed at “reviewing the decisions that came into force”.<\/span>\u00c2\u00a0The court refused to question witnesses of falsification of evidence against local organizations of Jehovah’s Witnesses.<\/span><\/td>\n<\/tr>\n
15:05<\/span><\/th>\nLawyer Omelchenko petitioned for the reclamation of publications from the courts, which were considered “extremist” and which formed the basis of this lawsuit to prohibit the religion of Jehovah’s Witnesses.<\/span>\u00c2\u00a0The lawyer stresses that this is necessary to study the question of whether these statements are sufficiently dangerous to essentially limit the right of 300,000 citizens of Russia on this basis.<\/span>\u00c2\u00a0He draws attention to the requirement of legislation that restrictions should be justified and proportionate to the constitutionally significant goals.<\/span><\/td>\n<\/tr>\n
15:15<\/span><\/th>\nOmelchenko gives examples of statements in the publications of Jehovah’s Witnesses, because of which these publications were recognized as extremist.<\/span><\/td>\n<\/tr>\n
15:28<\/span><\/th>\nThe court declared a break until April 6, 2017 14:00.<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n","protected":false},"excerpt":{"rendered":"

The Supreme Court of Russia started hearings on the lawsuit on the liquidation of Jehovah’s Witnesses.\u00c2\u00a0A textual report is being conducted from the courtroom. 10:58 The large beautiful courtroom is crowded.\u00c2\u00a0There are more than 200…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6,23],"tags":[],"class_list":["post-2846","post","type-post","status-publish","format-standard","hentry","category-news-news","category-russia"],"_links":{"self":[{"href":"https:\/\/jwforum.net\/portal\/wp-json\/wp\/v2\/posts\/2846","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/jwforum.net\/portal\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/jwforum.net\/portal\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/jwforum.net\/portal\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/jwforum.net\/portal\/wp-json\/wp\/v2\/comments?post=2846"}],"version-history":[{"count":1,"href":"https:\/\/jwforum.net\/portal\/wp-json\/wp\/v2\/posts\/2846\/revisions"}],"predecessor-version":[{"id":5758,"href":"https:\/\/jwforum.net\/portal\/wp-json\/wp\/v2\/posts\/2846\/revisions\/5758"}],"wp:attachment":[{"href":"https:\/\/jwforum.net\/portal\/wp-json\/wp\/v2\/media?parent=2846"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/jwforum.net\/portal\/wp-json\/wp\/v2\/categories?post=2846"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/jwforum.net\/portal\/wp-json\/wp\/v2\/tags?post=2846"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}