LIVE BLOG: Jehovah's Witnesses Appeal Russian Supreme Court Ruling

[bruceq]

17:45	The representative of Ax: Before us is a decision of the court of first instance of the liquidation of the Administrative Center and 395 other legal entities - the local religious organization of Jehovah's Witnesses. But none of the local religious organizations was not attracted to participate in the case, did not act in neither the defendant nor the interested party. Are you familiar with these court decisions? I'm in my practice are not met. Even the unions are not legal entities, in the case of the matter in court to ban their activities, the law obliges to look for in different locations, to publish information about the court case on the official websites of courts and state bodies. For what? To ensure that such an association the right of citizens to judicial protection. And we have 395 registered state entities. Moreover, they submitted official statements to the court to intervene. However, all of the statements, and then the appeals with the aim to join the case and defend themselves, to defend his good name, to defend their right to exist, were rejected by the court of first instance with a single duty wording: "Your rights are not affected!" How can this be understood? Their rights are "not affected", but they are eliminated by the court as extremist, their activities are prohibited, but "rights are not affected." Where is the justice here? Legality? Conscience? This decision of the court can neither understand nor accept. But this monstrous mistake can still be corrected. And you, dear court can do today.
17:47	The representative of Ax: Extremism Witnesses extremism remains on paper, painted extremism, virtual, far-fetched. In this case, a natural question arises: whether extremism is without consequences? Could it be that someone carries out extremist activity, but no casualties there, the consequences of not? Can there be extremism in the form of inaction? The Court of First Instance finds that it can. Russian legislation and common sense suggests otherwise.
17:48	The representative of Ax: You, dear court, that you are here and can now eliminate this injustice and unfair to the hundreds of thousands of Russian citizens, to restore their good name, to strengthen the credibility of the law on countering extremism, clearly shows the difference between these extremists and extremists, painted on paper. We hope that the court has the courage to do it and make fair and impartial decisions based on the law and the gift of God - the human conscience.

[bruceq]

 

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[bruceq]

17:50	Performance in the pleadings representative Novakova. The representative focused on the analysis of the so-called "new facts" extremist activity, which allegedly took place in the year after the issuance of the warning. These "facts" were clearly rigged.
17:54	The courts proceeded from the presumption of guilt of local religious organizations, said Nowak. So, if in the service building there is forbidden books, the court decisions were based solely on the assumption that the book belongs to the organization.
17:58	Nowak's speech raises the question of whether the doctrine of Jehovah's Witnesses listed in the Federal Law "On Countering Extremist Activity" signs of extremism, and calls on whether to carry out extremist activities? Does the Administrative Center for the purpose carrying out extremist activity? Directed to that doctrine of Jehovah's Witnesses? Novakov shows that in this case there is no not only the subjective side of extremist activity Administrative Center (intent, goal), but there is not even the objective side (statements of intentions, calls, specific actions).

[bruceq]

18:03	Novak plaintiff calls extremists peace-loving citizens. Hitler at the time vowed to destroy Jehovah's Witnesses for refusing to show extremism, and the Ministry of Justice today asks to hang on Jehovah's Witnesses extremist label. In this case, the charges are humiliated Jehovah's Witnesses, as they are accused of lying. We do not and can not be a reason not to trust the members of the local religious organization of Jehovah's Witnesses, bringing to administrative responsibility, that claim is not distributed extremist materials, but were victims of fraud. We believe Jehovah's Witnesses not only because they provided one hundred percent proof of fraud, but also because they are highly moral people living in harmony with the biblical commandment: "In everything we want to conduct ourselves honestly." Charges of lying dehumanizing Witnesses. physiological studies have been conducted in relation to Jehovah's Witnesses. Studies have established: Jehovah's Witnesses are telling the truth, which is quite natural for them.
18:07	Novakov: From the plaintiff's argument that anyone, and it occurs in large quantities, can come to the place, where the worship of Jehovah's Witnesses in Russia, to ask or get literature from FSEM. But what is surprising is that this information, neither the FSB nor employees CPE for some reason can not provide documented evidence of such transfer (on video and audio). There are currently no hidden audio and video recording, depicting it, despite the fact that the police carried out an ORM and might produce a hidden recording of the relevant facts, if they were. At the hearing, it was found in the absence of evidence of objective administrative plaintiff fixing or other documented evidence of transmission of Jehovah's Witnesses literature from FSEM, for example, on the video.
18:09	Novak However, the Administrative Center is ready to provide a wealth of documented and documented evidence to the contrary. The attack on Jehovah's Witnesses in the form of recognition of religious associations as extremist totally unfair. Therefore, we ask the court to make a fair determination of the appeal of the case: to prevent the "judicial murder" of the right to freedom of conscience and religion for hundreds of thousands of believers Russian citizens.

[bruceq]

18:11	With final speech in the debate in favor lawyer Omelchenko. Lawyer Omelchenko: Dear court! Dear participants in the process! Speaking on this matter, I have repeatedly appealed to the authoritative sources of law. Maintaining its position, I pointed out that the requirements of Russian Ministry of Justice violated the Basic Law of the Russian Federation, the provisions of the Protection of Human Rights and Fundamental Freedoms, the UN International Covenant on Civil and Political Rights.
18:13	Lawyer Omelchenko: But I would like also to draw attention to the existence of the law, which is above it. In democratic countries, this law is given a special place. So part of the modern legal doctrine of Anglo-American law for almost three hundred years, is the postulate of William Blackstone, "The law of nature, which is the same age of humanity and dictate to God himself, of course, superior to all others on compulsory execution. It is compulsory everywhere on earth, in all countries and at all times: if human laws contradict it, they lose their power. " In addition to the nature of the law - unwritten law of God, there is also "the law of revelation" in the Bible God's Law: "On these two pillars, on the law of nature and the revelation of the law, based on all human laws; that is, we can not allow human laws contradict them. "
18:14	Lawyer Omelchenko: On the need to obey the law of nature, as history shows, can forget the person with power, in totalitarian states. For example, in Nazi Germany, many officials believed they were just following the law of their country. That is the position they held at the Nuremberg trials. However, the tribunal proceeded from the general duty of every person to obey the law of nature, the laws of humanity, the law of conscience. This law is a fundamental source of international law. But because he was forgotten in Nazi Germany, he had to be reminded by means of the principles - principles of Nuremberg. The first: "Any person who commits an act which constitutes, according to international law, a crime is responsible for it and shall be punished." Second: "The fact that internal law does not set penalties for any act which constitutes, according to international law, a crime, does not relieve the person who committed the act from responsibility under international law." In this case, Principle VI is a crime against humanity, extermination and other inhumane acts committed against any civilian population, or persecutions on political or religious grounds.
18:15	The lawyer Lew: It is obvious that in this process without recourse to natural law it is impossible to make a lawful and fair decision, because even the best laws to properly apply. First, as shown by my colleagues and agree with what the administrative claimant, persecution of religious association of Jehovah's Witnesses in Russia due to the fact that they are spreading the true teachings in the Bible God's laws among the Russian people. Earlier, I showed that this behavior - is a simple realization of the rights to freedom of religion, freedom of opinion, freedom of association, guaranteed by articles of the Constitution, the Convention and the International Covenant. But you must admit that from the standpoint of the rights of a natural person is impossible to justify the persecution, advocating the need to live by the principle: "You must love your neighbor as yourself", even if he says that he strongly disagrees with anyone who does not believe is true.

[bruceq]

18:16	Lawyer Omelchenko: Secondly, it must be recognized that the objective of the proceedings is not a permanent solution to the issue of Jehovah's Witnesses, as well as any other administrative proceedings - the protection of violated or disputed rights, freedoms and lawful interests of citizens, the rights and legitimate interests of organizations. The need to ensure the right to a fair trial. But is justice itself does not mean that it is impossible to eliminate the religious communities, without providing them effective protection possible? It should not be allowed to speak in his defense to those believers who have suddenly been deprived of places of worship and the right to establish a new religious organization, although they have not violated any law and did only good to your neighbor? I am convinced that respected the court can not accept the fact that 395 local religious organizations have not even been heard in court and were eliminated without their participation.
18:18	Lawyer Omelchenko: Third, the organization that I represent before the courts, appeals to the esteemed court on protection against inhuman and degrading treatment, discrimination and political repression. As a lawyer, I have argued that such treatment is unacceptable from the standpoint of the Constitution, the Convention. But now is the time to realize that the administrative claimant calls to commit against the civilian population - Jehovah's Witnesses - inhumane acts of persecution for political and religious reasons. And the most ardent detractors sincerely hope that after the decision of the Supreme Court of the Russian Federation in force, Jehovah's Witnesses in Russia will be no more, that is, they think, that those who believe this peaceful religions will be destroyed.
18:19	Lawyer Omelchenko: Who can prevent this crime against humanity? You, dear court. Considering the above, I ask the decision of the Supreme Court dated 20 April 2017 to cancel completely and take on the case of the new solution, which in meeting the administrative claim Russian Ministry of Justice to refuse.
18:20	In concluding remarks, the Court Kalin thanks for your attention and ask to make a fair decision.

[bruceq]

18:21	Permission to speak in the debate given Borisova, the representative plaintiff.
18:22	Borisov: offense "is dangerous, systematic, deliberate and brutal character."
18:24	Borisova quotes from government strategy to counter extremism. He asks to dismiss the appeal, and the decision of the first instance be upheld.
18:27	Court retire to the deliberation room to make a final decision.

[bruceq]

Unbelievable all they say is we are : MOJ: "Their crimes are dangerous, systematic, deliberate, and gross

We may be going to the ECHR

[bruceq]

18:40	In the hall are beginning to work, journalists - representatives of the central TV channels. On tripods set of 10 cameras.

Watch live video

[Yousewgirl]

Is that the decision?  They upheld it?

 

[bruceq]

idk i cant get the video to work

[bruceq]

judges are still in the room