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DAY 4 RUSSIA VS. JEHOVAH'S WITNESSES SUPREME COURT TRANSCRIPT LIVE UPDATES


bruceq

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8:00

Moscow, Cook Street. Invigorating morning. Numbed fingers. More than 200 people enter. Those who stand in the queue, came to the court by taxi to 5:30, but they were not the first: in a parked car is already basking in the faithful who came to the court, which decided the freedom of religion in Russia.

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9:30 On the eve of April 11, 2017, most of Jehovah's Witnesses groups celebrating the Lord's Supper safely passed. At the moment, it is known that police officers and other law enforcement agencies intruded on celebrations in Snezhinsk (Chelyabinsk region).. They rewrote the passport data of the faithful. Also, law enforcement officers came to worship in the city of Krasnoyarsk and Michurinsk (Tambov region.) To ask questions or give believers agenda.
9:58

"I ask you all to stand!" The court announces the continuation of the hearing and to give explanations to speak lawyer Anton Omelchenko. Omelchenko said that his explanation will concern how the claim of Justice violated the provisions of the Constitution and international treaties.

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10:12 Omelchenko loudly and convincingly proves that the action of the Justice Ministry in contravention of articles 9, 10, 11 of the European Convention, Articles 28, 29, 30 of the Russian Constitution and the International Covenant on Civil and Political Rights. He quotes from the judgments of the European Court of Human Rights (ECHR), in which an authoritative court establishes the right of Jehovah's Witnesses to freedom of religion. Something that requires the Ministry of Justice, is not justified and proportionate measure.
10:18 ECHR in its judgments clearly determined which texts can be considered to incite hatred and enmity - incitement to violence, to the blood feud, calls, justifies the use of physical force. It is noteworthy that in the memorandum, which the Russian Federation has sent to the ECHR, namely the Ministry of Justice has recognized that there are no open calls for violence (p. 41) in the literature of Jehovah's Witnesses.
10:25 Omelchenko said that the community of Jehovah's Witnesses, which the Ministry of Justice asking to liquidate, received numerous awards and commendations from local authorities (there are in fact), but they did not receive warnings about the inadmissibility of extremist activity.
10:31 Speaking about the disparity required Ministry of Justice action Omelchenko lists the steps that are taken Administrative Center (UC) of Jehovah's Witnesses: 1) notify all MPO of books introducing in FSEM, 2) established a commission to prevent the emergence of extremist materials, 3) to no avail notify authorities of planted 4) unsuccessfully asked the Prosecutor General's Office, what further action can be expected from the Jehovah's Witnesses, to avoid "extremist activity".
10:43 International law prohibits inhuman or degrading treatment. This rule protects the dignity, including the right to mental integrity of the individual. Justice lawsuit to ban Jehovah's Witnesses break moral and physical resistance of the person, since forcing them to be afraid to openly practice their faith. Of the victims of criminal prosecution for faith in Taganrog on sentencing left the Russian Federation and even received political asylum in Europe. Their flight eloquently testifies to the fact that believers are afraid to openly practice their religion. Of course, most of the 175 thousands of believers will not leave Russia, and therefore, will be prosecuted in Russia.
10:50 Omelchenko analyzes the legality of actions of the Ministry of Justice. By applicable law, Jehovah's Witnesses are recognized as victims of political repression. At the Ministry of Justice (among other institutions) the law imposed a duty to promote the rehabilitation of the faithful. However Justice moves in the opposite direction. Omelchenko lists domestic and international calls for Russia to stop politically motivated persecution of Jehovah's Witnesses, the misuse of anti-extremist legislation as applied to Jehovah's Witnesses. It is, for example, on the signing of the most well-known Russian human rights activists appeal "Repressive again being harassed", on the open letter of the Moscow Helsinki Group, as well as appeals from various structures in Europe, the Organization for Security and Co-operation, the United Nations and others. international standards on the prevention of repression, require to pay close attention to the signals coming from the human rights community. The Ministry of Justice is ignoring all the signals, continues to act as a repressive body.
11:04 Omelchenko says biased position of the Justice Ministry. Expert institutions under the Ministry of Justice came to the mutually exclusive conclusions in respect of the same materials as the Jehovah's Witnesses. The Ministry of Justice did nothing to correct the situation. Moreover, the Ministry of Justice has always insisted on using only the conclusions of experts, who found "signs of extremism" in the literature of Jehovah's Witnesses. This is further evidence that the action of the Justice Ministry to ban Jehovah's Witnesses politically motivated.
11:12

Lawyer little wife asks opportunity to give an explanation of the court decision, which a few days ago the Ministry of Justice submitted to the court as "an example of violation of the rights of citizens on the part of the religious organization" (history of the patient, which of the two alternatives chosen drug treatment rather than via blood).

A lawyer in the first place, is perplexed as to why the Ministry of Justice did not explain why they have a document containing medical confidentiality.

Second, little wife says that in case of refusal of transfusion it not only is a violation of anyone's rights, but, on the contrary, that the citizens were provided with the right - the right to free and informed treatment. If the patient refused treatment on religious grounds only - it would be a violation of rights. Little wife read out excerpts from the Ministry of Health Order, concerning the dangers of transfusions of blood components, as well as the need to obtain their patient's written consent for the operation. Little wife notes that in Order no reservations, that the representatives of some religions are allowed to exercise the right to informed consent, and the other is not allowed.

11:30

The judge begins to ask questions to representatives of the defendant.

The first question: does the CA interpretation of the Bible of Jehovah's Witnesses to local organizations? The answer is no, the interpretation of sacred texts provide the Steering Board of the Jehovah's Witnesses (international guidelines).

The new question is: in what sense the CA provides a "coordination of activities" MPO (the Charter). Answer: MPO are separate legal entities, however, the CA provides them with recommendations. For example, if there is a question about the construction of the liturgical buildings, CA is referring to the Bible to recommend the construction of a modest, nepompeznogo building. However, the final decision on what will be a new building takes MPO.

The next question the court whether those statutes CA 8 MPO claimed which were liquidated court decisions. Ax representative explained to the court that the founders of the new MPO appeal to the CA with the request to join the TC structure, to speed up the registration process. In this case the CA will certainly agrees their charters, to ensure that the shareholders are Jehovah's Witnesses and that their objectives coincide with the purpose doctrine of Jehovah's Witnesses.

Court interested in the question whether the TC founder of non-profit, non-governmental organizations, or LRO, as in the Charter spelled out such a possibility. Lawyers explain to the court that the possibility of the Charter spelled out "just in case", but it was not implemented. The founders of MPO were local citizens. For example, the statute also spelled out the possibility to import literature, however, this possibility is also not being implemented due to objective circumstances.

12:05

Court interested in the question whether the chairmen of the MPO are part of the CA steering committee. Kalin explains that MPO members never included in the CA steering committee.

Are there any solutions CA Required MPO? Kalin explains that when MPO request financial assistance from the CA (in the form of donations), the center of interest the question of how funds are spent. For example, the CA provides a modest project liturgical building and MPO coordinates the project with the local authorities. Or if there is a natural disaster, the CA donates funds to help the faithful and collaborating with MPO to help the victims of Jehovah's Witnesses, as well as their relatives.

Court asks whether the funds are spent on the production of printed materials? Respondents explain that there.

Court: Did the CA literature imports, which was later recognized as extremist? Respondents explain that the CA function is purely logistical: the order of the individuals directly collects foreign publishers, and it also sends them to literature. CA does not deal with "the spread" of literature.

Court: One of the books was imported in Russia not long before it was recognized as extremist, but when it was spread among the believers? Lawyers pay attention to the materials available in the letter case in which the CA immediately announces the introduction of this book FSEM and asks for more it does not use. Naturally, after that CA this book could not spread.

Court: What is the fate of printed products, which is recognized as an extremist? She seized the center of the believers? Destroyed? Lawyers explain that the CA can not dictate to the faithful, what to do with the literature, which is in their possession. However, you may pay attention to the provisions of the law, and does so.

12:30

Turn to ask questions goes to the plaintiff. What is the role of the CA in the approval of the Charter of MPO and their members? Omelchenko gives the following example. The role of the CA in the approval of the Charter of the LRO is similar to the role of the Ministry of Justice: Ministry of Justice checks for compliance with the statutes of the law and the statutes of the CA checks on canonical correspondence.

New questions the representative of Ministry of Justice devoted to the elucidation of how MPO independent in their activities, how much influence the CA on the MPO, including the approval of the governing bodies and the Charter of MPO.

The court sets a representative of the Ministry of Justice a counterclaim clarifying question: "From the point of view of the law as it affects the capacity and legal personality of legal persons?" The question becomes rhetorical. Ministry of Justice: Who are the traveling minister? Who are the special preachers? Responder representatives explain that these attendants cooperate with religious groups, and not with MPO.

12:50

The judge (referring to the representative of the Ministry of Justice): Do you have proof of the plaintiff that the traveling minister and special preachers are somehow involved in the final judgments of the competent authorities for recognition of individuals or MPO guilty of extremist activity? No, the Ministry of Justice of the facts there.

Court (referring to the representative of the Ministry of Justice): As before, if the Ministry of Justice considers that judicial decisions in respect of individuals and MPO have a prejudicial effect for our business? Yes, the Ministry of Justice still thinks so, since CA was aware of these matters. The Court recalls that in this process it is necessary to check the legality of Justice requirements, so please continue to lead the norms of law.

13:10 The representative of the Ministry of Justice is trying to figure out, but does not indicate whether the fact that the CA provides financial assistance to the MPO, the fact that the CA and of MPO - a single organization, the subordinate CAs. Little wife's lawyer explains that if a person has a financial aid to his friend, it does not mean that he is dependent. Ministry of Justice: Is the CA conducts audit of financial activity of MPO? Lawyers explain that such a duty in CA there, but it is the Ministry of Justice carries out regular checks of economic activity MPO, as evidenced by the hundreds of existing regulations in matters of the Ministry of Justice inspections. Moreover, none of the checks did not reveal spending on non-statutory targets.
13:25 Representative of the Ministry of Justice are interested in the question of why CA has sent a letter to the MPO on the recognition of one of the books of extremist only after its inclusion in FSEM if by his own admission believers they knew of the decision earlier, from the information on the website of the district court. Lawyers explain that monitor court decisions on the official websites of courts is extremely difficult, moreover, from summary information on the Court's website it was not clear what we are talking about the publications of Jehovah's Witnesses, not the eponymous publication of other origin.
13:35 The representative of the Ministry of Justice points out that, according to the obsolete (to 2010), a copy of "Fundamentals of Faith Jehovah's Witnesses", the main means of spreading the teachings of Jehovah's Witnesses is the magazine "Watchtower". Resolution on the distribution of this periodical was withdrawn in Russia, and the document "Foundations of Faith", represented by the Ministry of Justice, be amended accordingly. Representative of the Ministry of Justice are interested in, what is the source of the teachings of Jehovah's Witnesses today. Lawyers explain that the foundation beliefs of Jehovah's Witnesses is the Bible, with the majority of religious books Witnesses are based on the Orthodox Synodal edition. Needless periodical was not recognized as extremist, but only a few issues. Since 2015, no publication do not enter the country.
13:40 The court announces a break in the court session until 14:30.
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Interviewing witnesses Koretskaya, the court pointed out that it uses personal notes when testifying. The lawyer Lew asked, how do you explain the similarity of the wording of its records with texts f

14:30 The representative of the Ministry of Justice continues to ask questions to representatives of Jehovah's Witnesses. What measures are being taken to prevent the CA extremist activiti

8:00 Moscow, Cook Street. Invigorating morning. Numbed fingers. More than 200 people enter. Those who stand in the queue, came to the court by taxi to 5:30, but they were not the fir

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14:30 The representative of the Ministry of Justice continues to ask questions to representatives of Jehovah's Witnesses. What measures are being taken to prevent the CA extremist activities after the issuance of the Prosecutor General's warning March 2, 2016. Lawyers list. The court sets a representative of the Ministry of Justice clarifying questions: If the CA did not take anything at all? It would be the basis to remove them? Is extremism is by negligence or inaction? Reply by the representative of Ministry of Justice No. Court: If not, we're all trying to figure out? Why then do the Ministry of Justice it imputes blame CA?
14:45 The Ministry of Justice is the court "internal" document of Jehovah's Witnesses, the Ministry of Justice obtained from public sources. When asked the court representative of the Ministry of Justice reported that the letter was taken from the site NTV. The representative of the Ministry of Justice believes that the text of the letter will help clarify how each other are connected financially CA and MPO. Lawyers are not ready to confirm that this letter is authentic, but it is obvious that the MPO are neither recipients nor the sender of the letter, and then a letter is irrelevant to the process. Court postpones until later the question of whether the text to attach to the case file.
14:58 The Ministry of Justice seeks to question four witnesses for the plaintiff. We are talking about people who in the past practiced the religion of Jehovah's Witnesses, but later abandoned it. Defendants argue. The court grants the motion to question witnesses for the plaintiff.
15:05 It begins examination of a witness by the defendant, Zavyalova Valentina Mihaylovicha, since 1992 professor at the IISS. Profess the religion of Jehovah's Witnesses for over 20 years. He said that the meetings of his religious group never used literature made to FSEM. The names of the literature posted on the wall of the room where services are held. Believers carefully inspect the premises prior to the beginning of worship, to exclude the possibility of finding such literature on the worship.
15:20 Witness Eugene Skladchikov, Ph.D., professor of MSTU. Bauman. Of Jehovah's Witnesses in 1998. He said that the Jehovah's Witnesses religion attracted him unconditional peacefulness of biblical teaching, it is absolutely not compatible with extremism. No extremist publications in worship are not used.
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15:30 Witness Wilen Canter, Ph.D., honored worker of science and technology. The representative plaintiff Ax: "Becoming a Witness 25 years ago, if you pursue extremist objectives?" Witness: "God forbid! No, of course! "The witness explains that it is incompatible with the faith of Jehovah's Witnesses. Axes: "Are you using the materials included in FSEM" The witness explained that, as a law-abiding citizen, destroyed these publications. (However, Kanter said that leaving aside the question of whether he agrees with the fact that these publications are included in FSEM.) Dozens of his students defended their candidate and doctoral dissertations. His religion does not contradict his scientific activity. To the representative of the Ministry of Justice says that his religion does not interfere with higher education. As a scientist, he believes that to education must be approached responsibly.
15:50 Witness Tatyana Kremneva doctor of pedagogical sciences. As part of the research activities concerned with the prevention of child abuse, as well as extremist materials in the youth environment. Profess the religion of Jehovah's Witnesses. The representative of Axes: When did you become a Jehovah's Witness, steel Do you have any motive to commit extremist acts? Answer: No, the Jehovah's Witnesses religion is incompatible with extremism. The question the court why you did not become the founder of MPO? Witness: I do not see the need. Court: You worship not excite each other hatred towards other religions? Witness: None. Lawyer little wife: The teachings of Jehovah's Witnesses help you to raise a child? The witness says that is proud of his child, his success in school and work. Little wife: how you treat colleagues and students, who do not share your religion? witness answer positively. Without hatred, contempt, scorn, discrimination.
16:05 The Ministry of Justice invites its witnesses. The first witness Natalia Koretskaya. The witness left the religion of Jehovah's Witnesses for many years. She could not explain to the court where it may then be known "facts extremist activity" in recent years.
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1 hour ago, bruceq said:
16:54 Justice continues questioning witnesses. Indications provided by a former Jehovah's Witness Paul Zverev.

Is court still in session? Is there anymore updates for today?

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Interviewing witnesses Koretskaya, the court pointed out that it uses personal notes when testifying. The lawyer Lew asked, how do you explain the similarity of the wording of its records with texts from the site well-known anti-sectarian center. The court decided to read the recordings Koretskaya later.

Interviewing witnesses Zverev, the court asks, "If you harm if you are treated to the competent authorities on the matter?" The witness did not address. Zverev said that influenced the literature of Jehovah's Witnesses, he personally experienced the hatred of the clergy of the Orthodox religion. The witness denies that he is anti-cult organizations, though there are pictures with the most famous "sectologists".

Witness Justice Petrov, a former Jehovah's Witness. In 1983, he became a Jehovah's Witness, she left work associated with the promotion of military heroism, because it does not meet the doctrine of Jehovah's Witnesses. In 2009, she left the religion of Jehovah's Witnesses. As an example of extremist activity Administrative Center of results in the fact that Jehovah's Witnesses are excluded from its ranks those who commit sins. (The court asked the representative of the Ministry of Justice, which is the Ministry of Justice the arguments set forth in the claim, confirmed by the testimony of this witness? The Ministry of Justice once again talking about a possible threat to the public.) On the question of the court, the witness Petrov saw that someone was distributing extremist literature, the witness He says he does not see.

18:11 The Court of Justice welcomes the last witness, V.V.Koretskogo.
18:11 The Court of Justice welcomes the last witness, V.V.Koretskogo.
18:11

Interviewing witnesses Koretskaya, the court pointed out that it uses personal notes when testifying. The lawyer Lew asked, how do you explain the similarity of the wording of its records with texts from the site well-known anti-sectarian center. The court decided to read the recordings Koretskaya later.

Interviewing witnesses Zverev, the court asks, "If you harm if you are treated to the competent authorities on the matter?" The witness did not address. Zverev said that influenced the literature of Jehovah's Witnesses, he personally experienced the hatred of the clergy of the Orthodox religion. The witness denies that he is anti-cult organizations, though there are pictures with the most famous "sectologists".

Witness Justice Petrov, a former Jehovah's Witness. In 1983, he became a Jehovah's Witness, she left work associated with the promotion of military heroism, because it does not meet the doctrine of Jehovah's Witnesses. In 2009, she left the religion of Jehovah's Witnesses. As an example of extremist activity Administrative Center of results in the fact that Jehovah's Witnesses are excluded from its ranks those who commit sins. (The court asked the representative of the Ministry of Justice, which is the Ministry of Justice the arguments set forth in the claim, confirmed by the testimony of this witness? The Ministry of Justice once again talking about a possible threat to the public.) On the question of the court, the witness Petrov saw that someone was distributing extremist literature, the witness He says he does not see.

The Court of Justice welcomes the last witness, V.V.Koretskogo.

18:30

In 2009 Koretsky left the ranks of Jehovah's Witnesses. The judge asked whether the 2009 limited his knowledge of Jehovah's Witnesses. Witness: Yes. The Ministry of Justice asked the witness to explain what he knows about Jehovah's Witnesses to higher education, to the state symbols. The court asked the representative of the Ministry of Justice: "If you do not specify the points in the grounds of the claim, why do we find out?" The representative of the Ministry of Justice, "the question is removed." On the question of the court, whether Koretsky is interested in the outcome of the case, he answers briefly: "Yes."

The court announces a break until April 19, 2017 10:00.

Case to proceed on April 19th after the memorial special talk on April 16th ENTITLED "HOW TO CULTIVATE PEACE IN AN ANGRY WORLD" WOW. THANK YOU JEHOVAH FOR A GREAT WITNESS TO THE WORLD.

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