In the photo: Elena Menchikova

In the photo: Elena Menchikova

In the photo: Elena Menchikova

Unjust Verdicts

A Cherkessk Appeals Court Affirmed Yelena Menchikova's, a Woman With a Disability, Sentence for Practicing Her Faith

Karachay-Cherkessia

On February 15, 2022, the Supreme Court of the Karachay-Cherkess Republic upheld the sentence for faith to Yelena Menchikova — 5 years’ suspended. At the same time, she is exempt from paying court costs.

In December 2021, the court of first instance found the believer guilty of participating in the activities of an extremist organization and involving other persons in it, considering it a crime that Yelena Menchikova discussed the Bible with others, including at religious meetings of Jehovah's Witnesses. According to the believer's defense, the accusatory decision was made despite the fact that during the trial some witnesses gave false testimony. One of them said that he first saw Yelena only in court.

The believer denies the accusations of extremism and can appeal the decision of the appellate instance to the Court of Cassation and international structures.

Menchikova is a group II disabled person and needs constant medication. Because of her recognizance not to live, it became more difficult for her to receive medical assistance. The former doctors, having learned about the criminal prosecution of Yelena, stopped helping her. The accounts of the 57-year-old woman were seized.

According to the clarification of the Plenum of the Supreme Court of Russia, religious meetings and conversations about the Bible cannot in themselves be considered extremism. On February 9, 2022, Chairman of the Supreme Court Vyacheslav Lebedev additionally emphasized: “Actions that do not contain signs of extremism and consist solely in exercising the right to freedom of conscience, freedom of religion, including through the performance of religious rites and ceremonies, do not constitute a crime.”

The Case of Menchikova in Cherkessk

Case History
Yelena Menchikova, an architect from Cherkessk, came to the attention of law enforcement agencies in December 2019, when her house was searched for the first time. The criminal case was initiated in November 2020. The FSB accused the believer of participating in the activity of an extremist organization, and then also of involving others in it. According to the investigation, Yelena “developed a criminal plan” to discuss the Bible with others. In April 2021, the case went to court. Although Yelena has a disability, the prosecutor demanded that she be sent to prison for 5 years. In December 2021, the court gave Menchikova a 5-year suspended sentence and ordered her to pay all legal costs. The court of appeal released Yelena from these payments but left the sentence unchanged. In December 2022, the court of cassation returned the case to the court for a new trial. In January 2024, the court handed down a second guilty verdict – 4.5-year suspended sentence.
Timeline

Persons in case

Criminal case

Region:
Karachay-Cherkessia
Locality:
Cherkessk
Court case number:
12007910001000026
Initiated:
November 3, 2020
Current case stage:
the verdict entered into force
Investigating:
Branch of the Federal Security Service of Russia in the Karachay-Cherkess Republic
Articles of Criminal Code of Russian Federation:
282.2 (2), 282.2 (1.1)
Court case number:
1-279/2023
Court:
Черкесский городской суд Карачаево-Черкесской Республики
Judge:
Науруз Шукуров
Case History