Russian Federation Supreme Court Decision Sets Dangerous Precedent for Jehovah’s Witnesses in Russia
On November 12, 2014, the Supreme
Court of the Russian Federation upheld a lower court ruling that
declared the Local Religious Organization (LRO) of Jehovah’s Witnesses
in Samara to be extremist. The prosecutor’s office in Samara initiated
its case against the Samara LRO in 2014 after law-enforcement officials
searched facilities that the Witnesses rent for religious meetings and
“found” a handful of their religious publications that have been banned
nationwide. The banned publications had earlier been declared extremist
by Russian courts and were posted on the Ministry of Justice’s Federal
List of Extremist Materials. *
However, the Witnesses in Samara had already complied with these
Russian court decisions and removed the publications from the facilities
that they rent for worship.
The Witnesses argued before the lower
court and in the Supreme Court that the police conducting the search
had planted the banned literature as a pretext to initiate charges. The
Witnesses also explained that the European Court of Human Rights is
currently examining the legality of earlier Russian court decisions that
banned some of their publications. Additionally, the Witnesses argued
that even if the Samara prosecutor’s allegations were true—that they had
stored banned literature—the punishment was disproportionate for such a
minor offense. Storing banned literature is an administrative violation
punishable with a fine or a temporary suspension of the LRO’s activity,
not the severe measure of liquidation. However, the Supreme Court
dismissed these arguments.
Liquidation of a Legal Entity—One Step Closer to Criminal Prosecution?
The Samara LRO liquidation is
following a pattern similar to that of the case in the city of Taganrog,
where the Rostov Regional Court liquidated the LRO in 2009 on extremism
charges. Subsequently, Taganrog law-enforcement authorities interpreted
that decision as a de facto ban on the religious activity of Jehovah’s
Witnesses in the area. Sixteen Witnesses in Taganrog were criminally
charged in 2013 for merely carrying out their religious worship—the same
practices that Jehovah’s Witnesses perform worldwide, including in
Samara. Seven Witnesses were heavily fined; four of them, who are
congregation elders, were also given lengthy prison sentences. However,
the judge waived the fines because the investigation and trial exceeded
the statute of limitations, and he imposed suspended sentences. The
Witnesses have appealed these convictions, and on December 12, 2014, the
Rostov Regional Court ordered a new trial with a new judge.
The 1,500 of Jehovah’s Witnesses
living in the Samara region are now at risk of being criminally
prosecuted merely for carrying out their worship. Where will it end?
Russian authorities are conducting similar investigations of Witness
LROs in various parts of the country. How these repressive state actions
will affect the nearly 180,000 Witnesses living in Russia remains to be
seen. However, the Supreme Court decision sets a dangerous precedent
that jeopardizes the freedom of Jehovah’s Witnesses and other religious
minorities in Russia.