Astrakhan Regional Court dismisses complaint against search in Jehovah's Witness' house in Akhtubinsk

The Astrakhan Regional Court has dismissed the cassation complaint against the search in the house of Elena Grigorieva, a member of the community of Jehovah's Witnesses in Akhtubinsk, accused of inciting hatred and enmity. Grigorieva and her lawyer assert that the trial was held with violations, same as the search, which, in their opinion, had violated the right to the freedom of religion.

The investigation believes that in the period from January to September 2010 the woman spread among citizens printed products, aimed at "humiliating the dignity of a group of persons on the grounds of their attitude to religion."

The "Caucasian Knot" correspondent was told by Gulnara Akmambetova, head of the Akhtubinsk Inter-District Investigatory Division of the Investigatory Department for the Astrakhan Region of the Investigatory Committee of the Russian Federation (ICRF), the search of Grigorieva's house was made on the basis of the judicial resolution: "We received a statement in January 2011."

On March 31, the Astrakhan Regional Court considered cassation complaints against the court's statement on permission to search Elena Grigorieva's home.

"Six complaints had been lodged, including one mine," Elena Grigorieva told the "Caucasian Knot" correspondent. "Three judicial panels of three judges each have considered five complaints at five court sessions. I was personally present at two of them - of my complaint and the one lodged by another fellow believer - as an observer."

According to Elena Grigorieva, the court read out the grounds for conducting searches. "In the course of operative-search operations" data had appeared that some literature could be present at residences, included into the federal list of extremist publications, as well as notebooks, records, physical carriers, communication means and other objects.

The defence of Elena Grigorieva put forward the arguments that actions of literature storage can only contain attributes of an administrative offence, "and only in case the purpose of such storage, namely for mass distribution, is proved." Also, Grigorieva's advocate voiced the opinion that any searches on cases of administrative offences are inadmissible. Both arguments were found unconvincing by the court.

"How can editions stored at my home incite one's feelings (hatred or hostility) or belittle one's dignity? It boggles my mind," Elena Grigorieva was indignant. "Besides, the general formulations in the court statement gave unlimited freedom to investigators as to the limits of search and property confiscation. The items listed in the statement can be found in almost every house in the Russian Federation."

She also stated that the court had violated the right to the freedom of religion. She also reported about the violations admitted at searches.

She added that in the course of the court session she was exposed to psychological pressure. A certain handcuffed man was brought into the courtroom and put into the cage behind Grigorieva. Two guards sat nearby. The court, according to Elena, "made no remarks" and did not explain who that man was.

Ms Grigorieva also said that the court did not allow making an audio record of the hearings.

The Moscow lawyer Dmitry Pankov said that if the search was conducted under the criminal investigation, then, the police acted lawfully; however, no search is conducted under administrative proceedings.