In the photo, from left to right: Marat Abdulgalimov, Arsen Abdullaev, Anton Dergalev and Mariya Karpova in the courtroom. September 21, 2020

In the photo, from left to right: Marat Abdulgalimov, Arsen Abdullaev, Anton Dergalev and Mariya Karpova in the courtroom. September 21, 2020

In the photo, from left to right: Marat Abdulgalimov, Arsen Abdullaev, Anton Dergalev and Mariya Karpova in the courtroom. September 21, 2020

Criminal Investigation and Trial

The Detention of Believers From Dagestan Was illegal. This Was the Ruling of the Fifth Court of Cassation in Pyatigorsk

Dagestan

The confusion on the faces of prosecutors on September 21, 2020 was caused by the decision of the Fifth Court of Cassation of General Jurisdiction that the detention of of four Jehovah's Witnesses from Makhachkala was illegal. Three men and one woman spent twelve months in the pre-trial detention center and have already been under house arrest for four months.

In June 2019, in four cities of Dagestan, masked and armored FSB officers armed with automatic rifles invaded 13 houses of believers. Peaceful law-abiding Makhachkala residents - Maria Karpova, Arsen Abdullaev, Anton Dergalev and Marat Abdulgalimov - were sent to prison by the Sovetsky District Court of Makhachkala.

The Court of Cassation found illegal the extension of their preventive measure from January 27 until May 27, 2020. It is noteworthy that in March 2020 this Fifth Court of Cassation in Pyatigorsk had already granted a complaint about the extension of the arrest of Makhachkala residents Karpova, Dergalev, Abdulgalimov and Abdullaev. As a result, 2.5 months later they were released from the pretrial detention center under house arrest.

And this was not the first cassation decision on the arrests of Jehovah's Witnesses. Thus, in December 2019, the Eighth Court of Cassation overturned an appeal decision on the detention of believers of Kemerovo Britvin and Levchuk, and later, in September 2020, this court declared illegal the extension of the detention of Novosibirsk resident Saveliev.

These cassation decisions clearly demonstrate that district and appellate courts in Jehovah's Witnesses cases only listen to the opinion of the investigating authorities and do not go into detail. As a result, dozens of believers spend many months in jail or under house arrest until conscientious investigators or judges understand that they do not pose a threat to society and the state. The courts of first instance are obliged to examine whether there are facts that justify the appointment or extension of a detention. The fact that a person practises the religion of Jehovah's Witnesses is not sufficient to warrant arrest and detention. As a rule, the investigation cannot present facts of extremist statements or actions by Jehovah's Witnesses to the courts.

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

Case of Abdullaev and Others in Makhachkala

Case History
In the summer of 2019, the homes of local Jehovah’s Witnesses were searched in four cities of Dagestan. Two religious brochures on the list of extremist materials were planted in one of the homes. Prior to this, the FSB initiated a criminal case against Arsen Abdullaev, Anton Dergalev, Marat Abdulgalimov and Mariya Karpova, accusing them of organizing the activities of an extremist organization. Additionally, the three men were charged with financing a banned organization, while the woman was charged with involving others in it. All four were put on the Rosfinmonitoring list of extremists and terrorists. The believers spent 362 days in pre-trial detention, after which they were placed under house arrest. In 2020, the cassation court declared that their detention in a pre-trial detention center for 8 out of 12 months was unlawful. In March 2021, the consideration of the case on the merits began. In November 2022, the court gave Abdullayev, Abdulgalimov and Dergalev 6.5 year suspended sentences and gave Karpova a 6 year suspended sentence.
Timeline

Persons in case

Criminal case

Region:
Dagestan
Locality:
Makhachkala
Suspected of:
According to the investigation “together with others he conducted religious services, so-called ‘meetings’, during which they studied the printed materials of the banned organization ‘Administrative Centre of Jehovah's Witnesses in Russia’ with the participation of residents of the Republic of Daghestan”
Court case number:
11907820001000056
Initiated:
May 27, 2019
Current case stage:
the verdict entered into force
Investigating:
Investigative Department of the Directorate of the FSB of Russia for the Republic of Daghestan
Articles of Criminal Code of Russian Federation:
282.2 (1), 282.3 (1)
Court case number:
1-5/2022 (1-230/2021)
Court:
Кировский районный суд г. Махачкалы
Judge:
Амиров Амир
Case History