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Ruslands højesteret – referat dag 5

19. april 2017 - Notater, Verdens gang

19. april 2017 (google oversat fra russisk)

9:00 In front of the Supreme Court has never crowded. The queue began to line up since the morning. Many specially came from different cities of Russia. As the weather is cold in Moscow, most dressed in winter. From time to time someone brought coffee and cakes for standing in the queue. Police officers work professionally and smoothly, providing security for the process participants.


10:05 Little wife said motion for the admission of fresh documents. He reports that in March-April 2017 law enforcement agencies throughout Russia, with reference to the ongoing process of invading the liturgical buildings need to stop them, interrogate believers rewrite of passport data. Prosecutors submitted caution about criminal liability for extremism in connection with the meetings for Bible study. The Ministry of Justice objected to the initiation. The court determines to attach.


10:15 The representative of the Ministry of Justice is applying for admission of cases copies of CA Steering Committee decisions on the appointment of members of the MPO committees. According to the Ministry of Justice, those documents show the leading role of CAs. Representatives of the CA is left to judicial discretion. In their opinion it neotnosimye evidence. Lawyers point out that some of the documents dated 1998 and earlier (ie before the registration of the CA under the new law). Furthermore content references fully corresponds Charter UTs. Certificates issued in connection with the fact that changed the statute of MPO, so reference issued to confirm that the persons mentioned in them are still part of the MPO. The court determines to attach, with the exception of those related to the time before re-TC.


10:25 The Court proceeds to study the case materials. The first document – a claim the Ministry of Justice. The Court once again clarifies the representative of the Justice Ministry, on what basis the department asks eliminate all MPO with UC. It asks not whether the Ministry of Justice intends to clarify the claims. The Ministry of Justice did not intend to. the defendant’s lawyers point out that listed in the suit property not owned by UC.


10:35 The Court examines the document “Foundations of Faith and the corresponding practices of Jehovah’s Witnesses.” Lawyers pay attention to the position of love for one’s neighbor and tolerance (which is in direct contradiction to the concept of “extremism”). Also asked to read out the position in which it is said that Jehovah’s Witnesses endeavor to give their children a good education.


10:40 CA Charter investigated. Court interested in the question of whether religious groups are part of the structure of MPO? How many unregistered groups? Lawyers explain that unregistered groups are included in the structure of the TC. The concept of “structure” in the “Law on Freedom of Conscience” is related to the separation of religion from the state. Religions exist, in accordance with its internal hierarchical institutional structure where the state does not penetrate. In this connection, the CA does not conduct legal documentation related to the activities of unregistered groups, and therefore can not provide the court with the official information.


10:47 Court declares the 10-minute service break.


11:00 It continues to study the documents. Court lists various court decisions. When we study the decision of the Rostov Regional Court 2009 (Taganrog LRO), a representative Omelchenko defendant draws attention to the fact that this decision was made before the Plenum of the Supreme Court, which ruled that is extremism and what is not. For example, the Taganrog community, as well as publications of Jehovah’s Witnesses that decision were recognized for “undermining the respect for other religions,” “rejection of the use of blood for medical purposes ‘,’ failure to fulfill their civic duty.” Also, a number of publications have been recognized as extremist because has absolutely nothing to do with extremism. For example, the booklet “Jehovah’s Witnesses. Who are they? What do they believe? “He has been recognized as an extremist for the mention of the fact that Jehovah’s Witnesses do not take up arms. We give other examples.


11:10 the defendant’s representatives point out that this collection of judicial acts were passed without the involvement of the CA, therefore, they can not serve as evidence in a lawsuit.


11:15 Novakov representative points out that at least one decision of the court, although the Ministry of Justice has made it to the case was overturned by a higher court.


11:20 Inspection Report discusses TC Ministry of Justice. Lawyers pay attention to the unreliability of the Ministry of Justice output that hides information about the CA import literature. In fact, providing the Ministry of Justice for review, more than 70 000 pages of documents, CA rightly refused to provide the information that the Ministry of Justice had to ask the customs authorities in the framework of inter-agency cooperation.


11:30 The representative of the Ministry of Justice points out that, according to one of the documents, under the supervision of CAs are more than 2000 unregistered groups. Lawyers explain that we are talking about the inner spiritual structure.

Court asks the representative of the Ministry of Justice, for what purpose they were attached to the case turnover balance sheets. The representative of the Ministry of Justice explained that the statements indicate that “funds, perhaps focused on the financing of extremist activities.” Court asks from which it is clear that the money spent was on extremist activity, rather than the usual statutory objectives. The Ministry of Justice does not have accurate data. Ax representative notes that within the framework of the Ministry of Justice checks have been given all the targeted donations CA contracts in which given decoding objective of all financial transfers. Representative natural question: “Why is the Ministry of Justice did not submit these documents to the court?”


11:40 Lawyer Omelchenko Representative of Ministry of Justice: “Can you specifically say what amount, when what was spent and on what specific kind of extremist activity?” At the Ministry of Justice there is no information.


11:45 Surveyed the documents showing that the prosecutor’s office gathered information about this property believers. respondent interested representatives from the representative of Ministry of Justice, with a goal of collecting these data. Answer: to confiscate property if the court so decides.


11:50 Examined honor and gratitude issued by authorities CA and MPO for help in the improvement of the cities. The representative of the Ministry of Justice believes that Jehovah’s Witnesses are doing it for the purpose of “missionary activity.” Lawyer little wife, referring to the representative of the Ministry of Justice “Svetlana Konstantinovna, when it came to financing the MPO, you suspected extremist goals. When believers participate aid the city, you again assume some kind of trick. You can not so! ”


11:55 Little wife pays attention to the state religious expertise the Ministry of Justice, based on the findings of which in 1999 was registered by the CA. The conclusions of this examination are today. Trying to review the conclusions of competent expertise in the hearing is not allowed.


12:00 The following volumes of business consists entirely of expert opinions, about 70, indicating the absence of extremism in the publications of Jehovah’s Witnesses. Many studies have been conducted in the expert institutions of the Ministry of Justice. For example, little wife, referring to the conclusions of state expert institution, quotes from the book “Mankind’s Search for God” (included in FSEM). In the book it is written: “To study the different religions does not mean betraying their own faith. It can, on the contrary, strengthened when we see other people looking for the truth, and that it is enabled. Knowledge gives insight and understanding of – tolerance for people who have different views. ” Experts have not found signs of extremism in the book, but rather the opposite. Nevertheless, the book is included in the list of extremist materials.


12:05 The Ministry of Justice considers that the examination carried out by lawyers’ requests and, therefore, contain a private expert opinion. Omelchenko explains that this is not true: a large part of the examination was carried out on the request of the courts, law enforcement and customs authorities.


12:15 Investigated entered into force court decisions and sentences, indicating a lack of extremist publications of Jehovah’s Witnesses. Believers were prosecuted and, in fact, held in the court of five years, and then have been justified. Now they again threatened sanctions if will be satisfied the claims of Justice.


12:17 The representative of Novak planted of extremist materials in the service of Jehovah’s Witnesses building acquired epidemic proportions in Russia. Novakov describes the events of September 20, 2016 in Art-tse Nezlobnaya (Stavropol kr.), When law enforcement officers grinder carved doors, and put extremist materials right under camera surveillance.


12:19 Omelchenko: The Ministry of Justice has not taken action to expert advice on the literature of Jehovah’s Witnesses conducted in the south of the country, did not differ from the findings of examinations conducted in the north. The Ministry of Justice did not take anything (as a party who participated in the affairs), to review the newly discovered circumstances come into force court decisions on the recognition of the Jehovah’s Witnesses as extremist materials.


12:25 Examines the European Court of Human Rights (ECHR). Due to the fact that the ECHR gave a legal interpretation of believers refuse to accept blood transfusions, the court again develops a discussion about blood transfusions. The representative of the Ministry of Justice refers to the case when the child of Jehovah’s Witnesses died after a terrible accident, and the case where the dead child born with multiple pathologies. The court asked the representative of the Ministry of Justice: Is there evidence of a causal link between the non-use of blood and death occurred. Lawyers reported to the court that keeps back the representative of the Ministry of Justice: in both cases in relation to parents’ criminal cases, conducted an extensive examination to establish the absence of such a causal link. Parents acquitted for lack of evidence of a crime.


12:40 Examined the materials, testifying that the faithful appealed to the authorities to falsify the facts (throw up).


12:45 Court decisions on the recognition of extremist literature. It is evident that the CA has not been brought to the case (as well as representatives of the publishing house). the defendant’s representatives say the double standards of government agencies. When it was necessary to recognize the extremist literature, the CA is not allowed to participate in the case, however, when the task is to eliminate the CA, he is accused of recognition of extremist literature.


13:00 The case file contains DVD-disk with video recordings tossed. Novakov representative says that the materials will help to understand whether the CA related to prohibited materials into the local liturgical buildings, or it have to do with the other person. Wheels help to see the reaction of the believers themselves – how they react angrily to the emergence of prohibited materials in the service buildings.


13:05 Court: by what time period includes a video? Novak events in the village are Nezlobnaya by September 2016. Only thanks to video police officers abandoned the criminal plan of action against the MPO. Novakov describes outrageous falsifications details caught in the camera lens in the other towns of Russia.


13:10 The Court asked the representatives of the defendant: if challenged in the prescribed manner all these facts. And, if so, whether the results are. the defendant’s representatives confirmed that the challenged and continue to be appealed at court, but to no avail. Court turns to the study of other evidence, without watching the video.


13:20 Examined materials are 24 volumes of the case. In total, in the case of not less than 43 volumes.


13:25 The court read out a public statement entirely CA that CA has nothing to do with extremism. The statement was originally posted on the website jw-russia.org . The court finds out who is the owner of this site. Representatives of TC reported that the site belongs to a foreign “to the Watchtower.” CA does not have a website, so the statement was posted on the website of another organization of Jehovah’s Witnesses.


13:30 Several volumes consist of the following acts MPO review by the judicial authorities, but no violations of the law have been identified. Ministry of Justice, in turn, requests that the case file copies of various warnings and cautions made against MPO.


13:43
The court announces a break until 14:30.


14:40 Continue the hearing. Fro 39, containing protocols MPO meetings in different cities. The minutes recorded in detail the events associated with the planted of extremist literature, as well as measures that have been taken against the emergence of extremist literature in the service buildings.


14:45 The Court draws attention to the fact that the form of minutes of meetings of different MPO resemble one another. Court interested in the question: is there any approved form for these protocols? In connection with what they look like? Omelchenko explains that there is no approved form. The reason for their similarity due to the fact that believers are closely communicate with each other.


14:50 The court again asks the defendant’s representatives, whether they pretend to challenge judicial decisions, which formed the basis of the claim. The lawyer Lew makes it clear that this is not a review of these decisions. In this meeting, the court must assess these decisions, like any other evidence in the case, the degree of relevance.


15:02 Examined color photographs – still images of video, testifying to the planted of extremist materials in the service building. Novakov representative drew attention to a single scheme, for which the whole country is covered by planted.


15:07 Another characteristic feature of planted – false witnesses. One example – a notarized certificate of friendship of one of the witnesses to an FSB officer in the social network.


15:08 In Sec. Kurdzhinovo (Karachaevo-Cherkessia) three believers were fined on the basis of perjuredly testimony. Subsequently, these witnesses have repented and gave a receipt that they gave false testimony under pressure from law enforcement agencies. Novakov points out that the receipt is available in the materials of the case.


15:13 Omelchenko draws attention to the Court judgment in Voronezh. The Court gave the accurate assessment of what the extremist materials found tucked under the carpet nailed to the floor, were clearly planted. As the Voronezh court in its decision, the fact that the witnesses profess the same religion, does not give reason to doubt the authenticity of their testimony.


15:16 Omelchenko back to the question that was raised a little earlier, at 14:45. It shows the trial a number of different protocols MPO. These protocols are very different in form. The court asked the representative of the Ministry of Justice, whether the authorities doubt that there are protocols that differ in design? No doubt. The court also doubts.


15:20 Ax representative notes that the decision to liquidate the LRO Birobidzhan was made in proceedings involving the same representative of the Ministry of Justice, S. Borisova. CA to participate in the case was not brought, because his rights are not affected. It is therefore surprising that in this process the Ministry of Justice changed his position and applies a decision on the MPO Birobidzhan to TC.


15:25 Examined the documents signed by various international and domestic bodies and organizations, and expressing concern at the use of anti-extremism legislation to Jehovah’s Witnesses. Omelchenko read most typical extracts from these documents, including appeals to the Russian Federation to stop political persecution of believers.


15:42 The Court returned to the resolution of petitions declared earlier, but postponed. The representative of the Ministry of Justice asked to adduce 12 court decisions that give doctors the right to use donated blood in the treatment of minors. the defendant’s representatives believe that these solutions are not relevant.

First, the refusal of blood transfusions is not related to the concept of “extremism” (no other reason, except for extremist activity, to ban Jehovah’s Witnesses, the Ministry of Justice does not result in a lawsuit).

Second, the CA was not a party to the litigation and is not even mentioned in any of the solutions.

Thirdly, introduction of these decisions affects medical confidentiality. To evaluate them, you will need to seek the consent of the patients and their medical records. In all decisions, without exception, said that parents would treat their children and treated in hospitals. Refusal of treatment is not in question.

Lawyer little wife points out that the ECHR ruling, which provides a legal interpretation of the refusal of blood transfusions, are examples of prohibitions in Islam and Orthodoxy, which can be potentially hazardous to health. “However, the Ministry of Justice does not come out with a claim for the liquidation of the centralized organization of religions”, – says little wife.


15:59 Court denies admission of court decisions related to the blood transfusion procedures.


16:10 The court decides on the admission of 28 copies of the acts of prosecutorial response, namely warnings and cautions issued in the different MRO address. Those acts shall be completed within 6 years, not only during the last 3 years.


16:20 Court asks the question, why the Justice Department did not appeal to the local courts according to the acts. The Ministry of Justice says that the violations were minor or eliminated. the defendant’s representatives say that these acts are not linked to extremist activities. Court refuses to join these instruments to the case file.


16:22 The Court returned to the issue of admission of a copy of an “internal” document of Jehovah’s Witnesses, received the Ministry of Justice of “open source” (from the site NTV). CA representatives confirm the authenticity of the text, explain the contents of this letter to the court, telling the procedure of donations believers. They explain to the court that a “council of elders” and who are “circuit overseer.” In view of the detailed explanations the court decides to attach the document to the case file.


16:35 In response to the approval of Ministry of Justice representative that the CA decision on the appointment of chairmen of MPO are mandatory, Ax representative drew attention to the wording “recommends that, as chairman of the MPO.”


16:36 The representative of the Ministry of Justice asked to adduce an updated extract from the state register with the updated list of property TC and MPO. Court gives defendants 10 minutes reading an extract.


16:38 Declared a small technical break.


17:11 Resumed hearing. the defendant’s representatives, please read the extract from the register, comment, that statement is not relevant information, and information about the property, which has ever been owned by the CA or MPO, but was alienated. The Ministry of Justice explains that in this form the data provided Rosreestr. Court decides to attach.


17:16 The Court is interested in how to formulate the idea of ​​communication with CA MPO MPO in the statutes. To do this, he asked the parties if they have any example of MPO statute. At the Ministry of Justice no. Omelchenko is a sample of the Charter of the court LRO of Jehovah’s Witnesses. The text of the statute stipulates that MPO is included in the “canonical structure” CA, belong to “religious denomination Witnesses”. No wording “structural unit” (a term used to political parties) on which insists administrative claimant.


17:29 Court rejects statement earlier application for watching videos planted.


17:30 Since there are no more requests, the court announces the continuation of the hearing April 20, 2017 at 14:00.