April 6th: Day 2 of the Trial to Ban of Jehovah's Witnesses in Russia!
The court announces a break in the hearing until tomorrow April 7, 2017 9:00 AM. Today's Updates are Below! Please come back Tomorrow's for Further Updates.
April 6, 2017 JW-RUSSIA.ORG
12:00 Weather in Moscow is warm and sunny. Near the entrance to the court formed a large human place. Working television journalists. Among those present a relaxed, friendly atmosphere. A marked increase in security measures. Directly at the entrance there is a bus with the police. At the input it is carried out a thorough inspection. Inside the building are not skipped any liquids. The employees of the Supreme Court, organizing hearings, doing their job professionally and smoothly. Despite the large number of students, there are no failures.
14:30 The hearing began with the defendants' application to suspend the hearing due to the fact that the private complaint filed yesterday's failure of the court to satisfy the majority of the 17 petitions declared. The hearing shall be suspended pending the outcome of these complaints.
14:33 The Ministry of Justice objected to the suspension of the proceedings. Court retire to the deliberation room.
14:37 Court rejects petition to suspend the hearing.
Omelchenko lawyer seeks to adduce material, which may indicate the political persecution of Jehovah's Witnesses. We are talking about the documents of foreign organizations such as the UN, OSCE, official statements about human rights organizations, as well as archival documents.
Omelchenko lawyer seeks to adduce material, which may indicate the political persecution of Jehovah's Witnesses. We are talking about the documents of foreign organizations such as the UN, OSCE, official statements about human rights organizations, as well as archival documents.
14:40 The court decided to grant the application for the admission of these materials. Court reports are the case and gave the floor to the Ministry of Justice.
14:45 The representative of the Ministry of Justice Borisov proceeds to the presentation of the arguments justifying the prohibition of all the organizations of Jehovah's Witnesses in Russia. It lists the court judgments delivered against local religious organizations (LRO) of Jehovah's Witnesses.
15:12 Concluding his speech, the representative of the Ministry of Justice asked the court to liquidate all Jehovah's Witnesses, to remove them from the register of legal entities and ban their activities. Asks confiscate the property and pay the court's decision to immediate execution (that is, not to wait for the decision enters into force).
The judge sets the representative of the Ministry of Justice a counter-question: why is the Ministry of Justice asked both to eliminate legal person and to ban their activity. Judge perplexed: how can you prohibit something that does not exist. He specifies whether you want to prohibit the Ministry of Justice and all unregistered groups? The representative of the Ministry of Justice explained that the ban does not ask them, because Jehovah's Witnesses have not provided the agency information on unregistered groups.
15:16 New clarifying questions of the judge on what basis the Ministry of Justice applies prejudicial approach to the management center, if the center is not to involve in business. Prejudice is applicable in the case already in force decisions (ie the court relies upon them as already established fact) only in respect of the same legal subjects. Accordingly, the court decisions handed down in relation to MPO can not be prejudicial force for a centralized organization.
15:17 The representative of the Ministry of Justice argues that the Administrative Center knew about the court cases, and the center's lawyers were present at them.
15:20 The Ministry of Justice in its lawsuit claims the need to eliminate religious organizations due to the fact that organizations, in their opinion, violate the rights of citizens. The court sets a representative Borisova another clarifying question: what kind of citizens' rights are violated? Borisov said that it is entitled to receive medical treatment. According to them, the organization prevent citizens to get medical treatment. In response to the buzz in the room the judge asks those present to contain their emotions.
15:24 The judge asked whether the Ministry of Justice proof of their assertions about the medical treatment. The Ministry of Justice is not willing to provide them. Judge perplexed again, because the Ministry of Justice recently held a large-scale inspection of Jehovah's Witnesses and, if there were such facts, they should have been identified.
15:25 The judge asked the Ministry of Justice will explain their assertion that the activities of Jehovah's Witnesses is a threat to public safety. The Ministry of Justice said the threat of unspecified persons.
15:30 The judge asked the representative of the Ministry of Justice, if they are asked to ban Jehovah's Witnesses, will be whether the faithful gathered for prayer, under the threat of criminal prosecution. Ministry of Justice: Yes, if the court finds them guilty of violating Art. 282.2 UFPA.
15:34 The judge asked the representative of the Ministry of Justice on the Federal List of Extremist Materials (FSEM) Russian Ministry of Justice. Court interested in the question: whether the Justice Department is reviewing this list? The representative of the Ministry of Justice hesitant voice informs the court that sometimes this list may be revised.
15:39 Judge sends defendants the opportunity to ask questions of the Ministry of Justice.
15:40 Lawyer little wife primarily asks the court to refuse to accept a copy of the court decision, which a few days ago the Ministry of Justice presented to the court. The court described the case when some parents brought in the child patient hospital. Doctors diagnosed low hemoglobin and proposed drug therapy or blood transfusion. Parents preferred drugs, but the hospital went to court with a demand to provide it with a blank check for the use of donated blood. The decision also mentioned that there was no threat to life, it was about the planned treatment. The lawyer points out that the court decision does not mention any of the Jehovah's Witnesses organization.
15:50 The judge asked the representative of the Ministry of Justice if there is no mention of Jehovah's Witnesses, then what does this document is in the present case.
15:53 Judge defers ruling on the admission of this document.
15:54 Lawyer little wife starts asking questions to the representative of the Justice Ministry. The first question is whether the Ministry of Justice information about any whatsoever offenses which are committed under the influence of the literature of Jehovah's Witnesses entered in FSEM. Reply by the representative of the Ministry: "There is no such information, we do not have."
15:57 Lawyer little wife clarifies representative for the Ministry of Justice, whether the respondent correctly understands that the Ministry of Justice claims boil down to three points: 1) the import of extremist literature, 2) financing MPO 3) failure to take effective measures to prevent extremist activity. The Ministry of Justice confirmed that this is a correct understanding of, but here should be added to the "threat of violating human rights and civil rights."
16:00 Lawyers unsuccessfully trying to figure out what kind of human rights violations have in mind. Little wife is trying to clarify the point of "failure to take effective measures to prevent extremist activities." He asked whether the Ministry of Justice is known about the timely letters addressed to the center of Jehovah's Witnesses over the MPO, the inclusion of certain material in FSEM? Ministry of Justice is known. The next question is that, according to the ministry, it would be an effective measure? The Ministry of Justice does not know the exact answer to this question. The lawyer asked the representative of the Ministry of Justice, whether there is a criterion of extremist activity, inaction? Obvious to everyone that there is no such criterion.
16:10 Little wife asked whether the Ministry of Justice that materials deemed extremist known to comprise 0.1% of the Witnesses literature. Ministry of Justice is unknown. Did the Ministry of Justice, that the Rostov Regional Court, admitted the 34 publications of Jehovah's Witnesses extremist, at the same time refused to recognize the extremist dozens of others.
16:19 Little wife specifies whether the Ministry of Justice that the literature is not imported into Russia for two years know. Ministry of Justice is known. Then the question arises, why in 2017 the Ministry of Justice raised the issue of liquidation. The Ministry of Justice can not give evidence to support that in the last 12 months, the Administrative Center of spreading "extremist" literature.
16:13 The Ministry of Justice reports that FSEM not specify the date of making the materials in this list.
16:24 The judge asked the Ministry representative, whether it is possible to claim a religious organization, as well as customs, because the country imported materials that are recognized as extremist in the future? How to know in advance that a particular material will be included in FSEM. The representative of the Ministry of Justice: does only apply to FSEM.
16:30 The defendant's representative Yuri Toporov trying to figure out that the Justice Ministry is investing in the concept of "structural unit of the worldwide organization of Jehovah's Witnesses." What is a "global organization"? This is some kind of a legal entity? The Ministry of Justice believes that there is, we are talking about a canonical concept. What is a "structural unit"? We are talking about a legal concept? No, rather the canonical connection. Another question: in what sense the Ministry of Justice uses this term in relation to the MPO, saying they are "structural units of the Administrative Center"? In the canonical or legal? The representative of the Ministry of Justice considers that it is identical.
16:37 Axes, trying to figure out whether the law on extremism to be rendered "structural unit" without making the organization. The Ministry of Justice is forced to admit that the warning should be made throughout the organization.
16:40 Topo is a natural question: if the warning was issued by the local religious organization and is not issued Administrative Center, as then, this local organization may be "structural division" center? Nothing.
16:42 The Ministry of Justice is now considered that the imposition of preventing "structural unit" is not prohibited by law, which means that the prosecutor's office could do it. What is not forbidden is allowed. The judge specifies the ministry representative, sent there then at least some notice of a religious organization (Administrative Center)? There is no evidence that such notifications were sent.
16:46 Topo a new question to the Ministry of Justice. whether the law provides for the possibility of countering extremism to eliminate the "structural unit" without the liquidation of the organization? The representative of the Ministry of Justice, "According to your interpretation, does not provide." The judge asked the plaintiff to accept the answer of the Ministry in this form.
16:53 Questions Ministry of Justice sets lawyer Omelchenko. He asked whether the Ministry of Justice unit able to answer exactly when a certain book appeared in the Federal List of Extremist Materials. The Ministry of Justice believes that the answer to this question can be obtained by judicial request.
16:56 Omelchenko asks about federal Forensic Center at the Ministry of Justice of Russia. He notes that these centers come to diametrically opposite conclusions about the presence or absence of signs of extremism. Omelchenko question: how could this be possible. A ministry spokesman did not know. The next question is why the Ministry of Justice supported only negative conclusions of experts and does not maintain a positive? Unknown. Does the Ministry of Justice initiated a review of decisions in cases where there was such a contradiction? Representative of the facts are not known.
16:58 Omelchenko reminded that earlier today the Court asked the Ministry of Justice the question of whether the Ministry has initiated a revision of the list of extremist materials, after amendments were made to the law, for example, that the Bible and quotes from it can not be priznavaemy extremist materials. No such initiatives by the Ministry of Justice was not.
17:07 Questions to the representative of the Justice Ministry asks the respondent's representative Maksim Novakov. He's trying to figure out whether the known circumstances of the Ministry of Justice of the events that are imputed to the Jehovah's Witnesses as "extremist activities." For example, if they know what to search at the Jehovah's Witnesses security services are de-energized entire neighborhoods, where there are liturgical building. Ministry of Justice of the factual circumstances does not know. Other questions from the defendant to the Ministry of Justice no.
17:13 The court announces a break in the hearing until April 7, 2017 10:00. Entrance to the building will be open from 9:00 am.
About Us:
"Jehovah's Witnesses in Russia" JW-RUSSIA.ORG
Jehovah's Witnesses - is the Christian religion, which is based on the doctrine of the Bible. The name means the faithful words and deeds "show" people think about God. Jehovah - it is open in the Bible the name of God, the Creator of all that exists. Jesus Christ, Jehovah's Witnesses - is the Savior, the Son of God, the Master, the Heavenly King. They follow their teachings in their lives.
In Russia, the Jehovah's Witnesses religion to actively profess 175 thousand people. A total of approximately 300 thousand Russians at least once a year visit their worship. Worldwide, the number attending the meetings of Jehovah's Witnesses is 20 million people.
Legal Standing
Jehovah's Witnesses in Russia operate legally. The judicial authorities registered 395 local and a centralized religious organization - "Administrative Center of Jehovah's Witnesses in Russia", a certificate of registration that the Ministry of Justice of Russia issued April 29, 1999, after the state religious expertise.
In 2004, one of the local organizations, namely in Moscow, was deprived of registration, but the European Court of Human Rights ruled the decision unjust. Therefore, June 1, 2015, the Ministry of Justice of Russia registered the "local religious organization of Jehovah's Witnesses in Moscow".
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By Brother Howard Ferguson https://www.facebook.com/fergusonhoward/posts/10155227548195990
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