In the photo: Alexander Nikolaev with his wife, Evgenia, 2021

In the photo: Alexander Nikolaev with his wife, Evgenia, 2021

In the photo: Alexander Nikolaev with his wife, Evgenia, 2021

Unjust Verdicts

The Appeal in Krasnodar Affirmed the Verdict for the Faith of Aleksandr Nikolaev, a Many-Child Father

Krasnodar Territory

On October 20, 2022, the Krasnodar Territory Court dismissed an appeal of 49-year-old Aleksandr Nikolaev from the village of Kholmskaya. The father of five children will have to spend another 11 months in a penal colony for participating in an online worship service where he read aloud a passage from the Bible.

The sentence came into effect. The believer still insists on his innocence and has the right to file a complaint with the court of cassation. He has already spent almost 13 months in the detention center, which is added to his sentence on the basis of the principle one day for one and a half. The presumed date of release from the colony - September 19, 2023, but after release, Aleksandr Nikolaev must regularly report to the inspection of the Federal Penitentiary Service for six months at his place of residence. This part of the sentence was added by the appellate court.

In December 2021, the Abinsk District Court of Krasnodar Territory found Aleksandr Nikolaev guilty of participating in the activities of an extremist organization and sentenced him to 2.5 years in a penal colony. The prosecutor asked for a sentence of 3 years in prison for the believer.

Earlier, in April 2021 the house of Nikolayev was searched, Aleksandr was placed on his own recognizance not to leave. In September, an investigator summoned him to the Investigative Committee, allegedly for questioning. However, the believer was detained and taken to court, which sent him to jail.

During the trial, the defense discovered falsifications. For example, the resolution on bringing him as an accused and the indictment were forged after Nikolaev had previously read them. "They added that he was at home, gave an address and indicated that it was between 2017 and April 2020. Sometime in that interval," the lawyer said. However, the judge did not order an examination of the documents for falsification. The lawyer also reported that several pages in the case file had been replaced.

The accusation is based on a recording of a worship service made by security officers using spyware installed on the computer of Nikolaev's father-in-law, Alexander Ivshin (he is already serving a 7.5-year prison sentence for his faith). A total of six residents of the village of Kholmskaya were sentenced to various terms of imprisonment for reading the Bible.

In connection with the persecution of Jehovah's Witnesses in Russia, late Lyudmila Alekseeva, chairman of the Moscow Helsinki Group, expressed her indignation: "The extremism of Jehovah's Witnesses is expressed in the fact that they believe their faith is true. But, excuse me, what believer doesn't consider his faith to be true?"

The case of Nikolayev in Kholmskaya

Case History
In April 2021, FSB officers, accompanied by riot police, came to search the home of Nikolayev couple who are the parents of five children, two of whom are adopted. Shortly before this, the Investigative Committee initiated a criminal case against Aleksandr Nikolayev for participation in extremist activities for reading the Bible at a meeting. In July 2021, the case went to trial. Two months later, the believer was sent to a pre-trial detention center, and in December of the same year, the court sentenced the believer to two and a half years in prison. At the time the sentence came into force, Nikolayev had served more than half of his sentence in the detention center. The believer was taken to the penal colony in March 2023 and the next month he asked a court for parole, but was refused. At the end of July 2023, the court of cassation upheld the sentence, lifted the additional restrictions after release. Nikolayev was released from the penal colony in September 2023.
Timeline

Persons in case

Criminal case

Region:
Krasnodar Territory
Locality:
Kholmskaya
Suspected of:
"through information and telecommunication networks ... entered into conversations and religious discussions, participated in collective discussions of the content of religious books "Jehovah's Witnesses", including the so-called "Holy Scripture" (Bible) ... emphasizing that these books contain true knowledge of God" (from the verdict of the court)
Court case number:
12107030001000016
Initiated:
March 31, 2021
Current case stage:
the verdict entered into force
Investigating:
Investigative Directorate of the Investigative Committee of the Russian Federation for the Krasnodar Territory
Articles of Criminal Code of Russian Federation:
282.2 (2)
Court case number:
1-195/2021
Court:
Abinsk District Court of the Krasnodar Territory
Judge:
Nikolay Surmach
Case History
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