Source: www.forum18.org
Date: January 16, 2024
https://www.forum18.org/archiv
By Victoria Arnold, Forum 18
Investigators have opened another criminal case against a Russian priest
for opposing Russia's war against Ukraine on religious grounds. Viktor
Pivovarov – Archbishop of an independent Orthodox church which is not
part of the Moscow Patriarchate – learned in late December 2023 that he
was under investigation under Criminal Code Article 280.3, Part 1 (repeat
"discreditation" of the Russian Armed Forces). If convicted, he could be
imprisoned for up to five years or fined up to more than a year's average
pension.
Archbishop Viktor – who will turn 87 next month – has repeatedly
condemned Russia's invasion of Ukraine and the conduct of the war as
"aggressive", "Satanic", and "cursed both by God and by people", in his
sermons and articles, and in a YouTube video by independent media outlet
Novaya Gazeta Europe in May 2023. His first (administrative) conviction was
in March 2023 for anti-war comments in a sermon. Investigators are now
accusing him of again "discrediting" the Armed Forces, this time in a blog
post entitled "An answer to the question which concerns everyone today:
what is this war?" (see below).
Armed personnel (apparently from the National Guard) raided Archbishop
Viktor's church – the Holy Intercession Tikhonite Church in
Slavyansk-na-Kubani, Krasnodar Region – in early October 2023. They beat,
tortured, and detained his assistant, Hieromonk Iona Sigida, who was later
briefly jailed for allegedly "disobeying a police officer". During the
search, the armed men did not assault or detain Archbishop Viktor, but told
him he would be criminally prosecuted for his anti-war pronouncements and
articles (see below).
In late November, a court in Slavyansk-na-Kubani fined Fr Iona three weeks'
average local wage under Administrative Code Article 20.3.3 ("Public
actions aimed at discrediting the use of the Armed Forces of the Russian
Federation") for an article he had published on the church website. His
whereabouts are currently unknown. "Fr Iona is in hiding", a church member
told Forum 18 on 4 January. "They are trying very persistently to find him
under the pretext of having 'a conversation'" (see below).
It is at present unknown which investigative agency is responsible for the
criminal case against Archbishop Viktor, as officers who have questioned
him have repeatedly failed to identify themselves, a church member told
Forum 18 (see below).
Forum 18 sent enquiries to the Federal Investigative Committee and the
Krasnodar Region branches of the Interior Ministry and the Federal Security
Service (FSB), asking:
- why the expression of religious views about war, either in general or in
relation to Ukraine, should be considered discreditation of the Armed
Forces;
- what purpose the imprisonment of an almost 87-year-old would serve;
- and whether the case has been sent to prosecutors and when it will be
heard in court. Forum 18 has received no response (see below).
Similarly, Forum 18 received no responses to its enquiries to the Krasnodar
Region branches of the FSB, Interior Ministry, and Investigative Committee
and the Federal Investigative Committee on 24 October 2023, as well as to
the National Guard (to which Fr Iona believed the armed men belonged),
asking:
- why armed force had been considered necessary in the October 2023 raid on
the church;
- and whether the officers Fr Iona says tortured him had been suspended
from duty and placed under investigation, in line with Russia's obligations
under the United Nations (UN) Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, and if not, why not. Forum 18
sent these questions again on 9 January 2024, with no response (see below).
It is also unclear when the criminal case against Archbishop Viktor might
reach court. The Archbishop meanwhile remains at home under travel
restrictions, and is "generally in good spirits", according to the church
member (see below).
Archbishop Viktor's community, however, is "very intimidated", with
parishioners "afraid to attend services". It is also concerned that it is
under surveillance. Parishioners have said that "someone turns up at
services and films everyone present", the church member told Forum 18.
"This is probably a method of intimidation" (see below).
Forum 18 sent enquiries to the Krasnodar Region branches of the FSB and
Interior Ministry, as well as to the Federal Investigative Committee,
asking:
- why investigators had placed the church under surveillance;
- why they were threatening members of the community with prosecution;
- and whether any further administrative or criminal cases had been opened
against anybody other than Archbishop Viktor.
Forum 18 has received no reply (see below).
"Most close parishioners know quite well the history of the Russian Church,
as well as the True Orthodox Church and the Russian Orthodox Church Abroad,
and similar persecutions are not news, but knowing history and finding
yourself in the middle of such history are two different things," the
church member noted (see below).
Krasnodar Region: Elderly priest prosecuted for repeat "discreditation"
On 28 December 2023, investigators told Archbishop Viktor Ivanovich
Pivovarov (born 8 February 1937) that they had opened a case against him
under Criminal Code Article 280.3, Part 1, apparently because of a post he
had written on his blog
(https://alsoaboutchrist.blogs
answer to the question which concerns everyone today: what is this war?"
The investigators – who did not say for which agency they worked –
initially summoned the Archbishop for questioning on 23 December. "They
tried to treat me with respect", he told Kavkaz.Realii on 3 January 2024
(https://www.kavkazr.com/a/naz
He added, however, that his state-appointed lawyer "didn't say a word
during the entire interview".
"I directly and openly spoke during the investigation about the lawlessness
of the current government", the Archbishop commented to Novaya Gazeta on 29
December
(https://novayagazeta.ru/artic
"This government is the successor to the Bolsheviks who staged the coup in
1917".
Archbishop Viktor is currently under travel restrictions at home. It is
unknown whether his case has yet been submitted to prosecutors or whether
he has yet been charged. Investigators were initially "in a hurry" to get
the case to court, a church member told Forum 18 on 5 January, intending to
do so before the Russian Orthodox Christmas (7 January), but this did not
happen. As of 16 January, Slavyansk City Court has no record of the case on
its website.
"We have indirect information that, in addition to repeat discreditation of
the army, they could be preparing another criminal case, possibly a group
one, in order to close our church", the church member commented to Forum
18. "They summon people by phone for questioning, or come to their homes
without sending any [written] summons to anyone, probably to hide what
these interviews are about."
Officials from one of the security agencies visited the Archbishop on
Christmas Eve, 6 January, "but they left after a short conversation", the
church member added on 9 January. "The purpose [of this] is unknown.
According to parishioners, the conversation was polite."
The state agency responsible for the investigation remains unknown. Forum
18 sent enquiries before the start of the working day of 9 January to the
Federal Investigative Committee and the Krasnodar Region branches of the
Interior Ministry and the Federal Security Service (FSB), asking:
- why the expression of religious views about war, either in general or in
relation to Ukraine, should be considered discreditation of the Armed
Forces;
- what purpose the imprisonment of an almost 87-year-old would serve;
- and whether the case has been sent to prosecutors and when it will be
heard in court.
Forum 18 had received no response by the end of the working day in
Krasnodar Region of 16 January.
"What is this war?"
In March 2023, Slavyansk City Court handed Archbishop Viktor a
40,000-Rouble fine (https://www.forum18.org/archi
– one month's average local wage or more than two months' average local
pension - under Administrative Code Article 20.3.3, Part 1 ("Public actions
aimed at discrediting the use of the Armed Forces of the Russian
Federation") for an anti-war sermon he had given in church.
In a video published by Novaya Gazeta Europe on 5 May 2023, Archbishop
Viktor says that he told investigators and the court that "If there are
foreign tanks under our windows, that means we are at war with an enemy,
but if our tanks are in a neighbouring country, and our soldiers are
savagely torturing the people, waging an aggressive war, then such a war is
cursed both by God and by people".
Although the Archbishop has made many other anti-war comments on his
church's website, investigators appear to have taken as his second offence
of "discreditation" a blog post dated 12 October 2023
(https://alsoaboutchrist.blogs
"An answer to the question which concerns everyone today: what is this
war?"
This article, as Aleksandr Soldatov noted in Novaya Gazeta on 29 December,
is an "explanation of [Archbishop Viktor's] attitude towards wars, and in
the spirit of traditional Orthodox exegesis .. links wars with the sinful
corruption of human nature".
Wars in the present day "are predominantly of an aggressive nature, through
which we see their satanic essence", the Archbishop writes. "In the most
recent war [in Ukraine], it is not the enemy's weapons that are
deliberately destroyed by the Satanists in order to stop the war, but the
people themselves – the gene pool of the nation, who decided to leave the
camp of Satan and join those free from him."
Archbishop Viktor goes on to quote a Ukrainian official's Telegram post
outlining civilian casualties and attacks on civilian infrastructure in the
Ukrainian city of Krivy Rih on 14 July 2023.
The article continues: "Also, judging by the publications of the free
press, it is clear how Satan's camp is making ready a nuclear catastrophe,
which should destroy our civilisation in several stages, and already, with
the aim of preparing for it, is blowing up the Kakhovka hydroelectric power
station, which cooled the nuclear reactors of the Zaporozhye nuclear power
plant."
The Archbishop sees the Russian government as successor to the Bolsheviks
and as a conduit of Satanic forces; he believes that the end times are near
and that conflict between good and evil will result in the latter's defeat,
strongly implying the overthrow of Russia's current regime. "The holy war
will end with the victory of the holy forces, and God's judgment will begin
on all the worlds and those living in them. The worlds are already called
'new heavens and new earth', 'in which dwells righteousness (Revelation
21:1). And then God will be in everything."
Ready "to undergo any suffering for the truth"
"I am being persecuted for openly calling this war lawless. It is unleashed
by lawless power," Archbishop Viktor said in his interview with
Kavkaz.Realii on 3 January
(https://www.kavkazr.com/a/naz
"Judge for yourself – legitimate legal power can only be by succession,
from legitimate predecessors, or by popular election. The current
government is aggressive, it is the successor to the Bolsheviks who
organised the revolution. As a Christian, I cannot help but rebuke this."
Archbishop Viktor has been a "consistent opponent" of "Bolshevism" – as
he describes the policies and practices of the present-day Russian
government as well as those of its Soviet predecessor – all his life, the
church member explained to Forum 18 on 5 January. "This moment is different
only in that now, there is a formal reason for persecution. And if earlier
he could simply be ignored [by the state authorities], now he can be openly
persecuted within the framework of a repressive law."
Archbishop Viktor "is concerned that his persecution could harm both those
around him and those who are trying to help", the church member added, but
is "generally in good spirits".
The Archbishop has expressed his readiness to "undergo any suffering for
the truth", Aleksandr Soldatov observed in Novaya Gazeta on 29 December
(https://novayagazeta.ru/artic
quoted the Archbishop as saying "I'm going to the next world soon - I need
to give people guidance".
Asked by Kavkaz.Realii what he would tell fellow Russians who are afraid to
oppose the war in Ukraine openly for fear of prosecution, Archbishop Viktor
referred to the Book of Revelation, in which "in the list of sins for which
terrible punishment awaits, those who are full of fear are listed first..
Today we are burdened with houses, amenities, material possessions, [we
are] too attached to all this. Therefore, modern Christians need to pray
that the Lord will strengthen them in fearlessness. And don't be afraid to
tell the truth."
Armed raid on church, torture of priest
On 3 October 2023, 10 unidentified armed men raided Archbishop Viktor's
Holy Intercession Tikhonite Church
(https://www.forum18.org/archi
Slavyansk-na-Kubani. The Church's clergy have repeatedly spoken out against
Russia's war in Ukraine. "At least five searches [of different locations]
took place simultaneously," Fr Iona Sigida told Forum 18. As well as
seizing electronic devices and documents, the 10 armed men physically
tortured and detained 32-year-old Fr Iona.
Fr Iona was later charged with "disobeying a police officer"
(Administrative Code Article 19.3, Part 1), for which he was given two
days' short-term imprisonment
(https://www.forum18.org/archi
arest). He was also charged under Administrative Code Article 20.3.3
("Public actions aimed at discrediting the use of the Armed Forces of the
Russian Federation"), Part 1, for his article "The cult of war" published
on the church's website.
The men told Archbishop Viktor that he would face criminal prosecution for
repeat "discreditation" of the Armed Forces, but did not assault or detain
him.
When Fr Iona was being questioned after the search, a masked interrogator
told him: "They'll put you in prison for ten years – you won't be able to
stand it", a church member told Forum 18 on 12 January.
On 20 November 2023, Slavyansk City Court fined Fr Iona 30,000 Roubles
(about three weeks' average local wage) under Administrative Code Article
20.3.3. He was not present in court and does not appear to have appealed.
"The court found that [Sigida], on the Internet at http://eshatologia.org,
committed public actions aimed at discrediting the use of the Armed Forces
of the Russian Federation in order to protect the interests of the Russian
Federation and its citizens", Judge Yuliya Pelyushenko concluded, according
to the written verdict, seen by Forum 18. "Namely, he expressed a negative
opinion on a social network about the special military operation in
Ukraine."
Forum 18 sent enquiries to the Krasnodar Region branches of the FSB,
Interior Ministry, and Investigative Committee and the Federal
Investigative Committee on 24 October 2023, as well as to the National
Guard (to which Fr Iona believed the armed men belonged), asking:
- why armed force had been considered necessary in the raid on the church;
- and whether the officers Fr Iona says tortured him had been suspended
from duty and placed under investigation pending criminal charges for
torture, in line with Russia's obligations under the United Nations (UN)
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (https://www.forum18.org/archi
not, why not.
Forum 18 sent these questions again on 9 January 2024. Forum 18 had
received no response by the end of the working day in Krasnodar Region of
16 January.
In late November, investigators began looking for Fr Iona again. He
happened to be out when they came to the church in search of him, and did
not return after he was warned of their interest. He is currently "in
hiding", a church member told Forum 18 on 4 January, noting that
investigators "are trying very persistently to find him under the pretext
of [having] a 'conversation'". Fr Iona does not understand why he is wanted
now, or on what grounds he might be imprisoned, the church member added on
12 January.
As of 10 January 2024, Fr Iona did not appear on the Interior Ministry's
federal wanted list.
"Knowing history and finding yourself in the middle of such history are two
different things"
Sunday services have continued at the Holy Intercession Tikhonite Church,
both after the armed raid and after the criminal case was opened against
Archbishop Viktor. Nevertheless, "The parish is very intimidated", the
church member commented to Forum 18 on 5 January. "Parishioners are afraid
to attend services. Indeed, the services themselves are quite disrupted
because the singers, like everyone else, are also frightened by direct
threats of persecution against them and try not to come, or come less
often."
"Most close parishioners know quite well the history of the Russian Church,
as well as the True Orthodox Church and the Russian Orthodox Church Abroad,
and such persecutions are not news, but knowing history and finding
yourself in the middle of such history are two different things."
The community is also concerned that it is under surveillance. "Officers
come to every service, openly film everything and all the parishioners;
others, under the guise of random people or parishioners, also holding
their phones, ask intrusive questions," a church member told Forum 18.
"This is probably a method of intimidation."
"Near the church there is a car on duty around the clock, which changes in
shifts, and those sitting inside it monitor people coming and going. During
a service, one unknown suspicious person introduced himself as Fr Iona's
lawyer, and asked where he could find him. Officers are now also talking to
parishioners, trying to persuade them to become informants through lies and
intimidation, and there is some evidence that they have already succeeded
in persuading someone to cooperate."
Forum 18 sent enquiries on 15 January to the Krasnodar Region branches of
the FSB and Interior Ministry, as well as to the Federal Investigative
Committee, asking:
- why investigators had placed the church under surveillance;
- why they were threatening members of the community with prosecution;
- and whether any further administrative or criminal cases had been opened
against anybody other than Archbishop Viktor.
Forum 18 had received no reply by the end of the working day of 16 January.
Archbishop Viktor built the Holy Intercession Church himself on a private
plot of land, Novaya Gazeta noted on 29 December. "The Russian Orthodox
Church [Moscow Patriarchate] has repeatedly declared its intentions to
prove the illegality of the 'alternative' community and take the church for
itself, but the Archbishop enjoys great respect in the city, and the church
has not yet been taken away".
"Discreditation" and "false information"
Specific penalties for criticising Russia's actions in its renewed war
against Ukraine came into force on 4 March 2022
(https://www.forum18.org/archi
Administrative Code Article 20.3.3 ("Public actions aimed at discrediting
the use of the Armed Forces of the Russian Federation"), which is used
against apparently any form of anti-war statement either in public spaces
or online; and Criminal Code Article 207.3 ("Public dissemination, under
the guise of credible statements, of knowingly false information on the use
of the Armed Forces of the Russian Federation").
If individuals commit an offence covered by Administrative Code Article
20.3.3 more than once within a year, they may be prosecuted under Criminal
Code Article 280.3 ("Public actions aimed at discrediting the use of the
Armed Forces of the Russian Federation in order to protect the interests of
the Russian Federation and its citizens, [and] maintain international peace
and security").
On 28 March 2023, amendments to the Administrative and Criminal Codes came
into force (https://www.forum18.org/archi
the definitions of all these offences to include criticism of "volunteer
formations, organisations and individuals who assist in the fulfilment of
tasks assigned to the Armed Forces of the Russian Federation" (that is,
private mercenary units). On 25 December 2023, further amendments included
in the definition criticism of new volunteer units of the National Guard
(Rosgvardiya).
Penalties for "discreditation" and "false information" are:
Administrative Code Article 20.3.3, Part 1 – a fine of 30,000 to 50,000
Roubles for private individuals; 100,000 to 200,000 Roubles for people in
an official position; 300,000 to 500,000 Roubles for legal entities;
Administrative Code Article 20.3.3, Part 2 (which involves a threat of harm
to life, health, property, or public order) – a fine of 50,000 to 100,000
Roubles for private individuals; 200,000 to 300,000 Roubles for people in
an official position; 500,000 to 1 million Roubles for legal entities.
Criminal Code Article 280.3, Part 1:
– a fine of 100,000 to 300,000 Roubles;
– up to 3 years' assigned labour (prinuditelniye raboty);
– 4 to 6 months' jail (arest);
– up to 5 years' imprisonment with deprivation of the right to hold
certain positions or engage in certain activities for the same length of
time.
Criminal Code Article 280.3, Part 2 (resulting in death through negligence,
harm to health, property, public order, or infrastructure):
– a fine of 300,000 to 1 million Roubles;
– up to 7 years' imprisonment with deprivation of the right to hold
certain positions or engage in certain activities for the same length of
time.
Criminal Code Article 207.3, Part 1:
– a fine of 700,000 to 1.5 million Roubles;
– up to 1 year's correctional labour (ispravitelniye raboty);
– up to 5 years' assigned labour (prinuditelniye raboty);
– up to 5 years' imprisonment.
Criminal Code Article 207.3, Part 2 (if committed by: a) by a person using
their official position; b) by a group; v) with the artificial creation of
evidence; g) for selfish reasons; d) for reasons of hatred or enmity):
– a fine of 3 million to 5 million Roubles;
– up to 5 years' assigned labour (prinuditelniye raboty) with
deprivation of the right to hold certain positions or engage in certain
activities for up to 5 years;
– 5 to 10 years' imprisonment with deprivation of the right to hold
certain positions or engage in certain activities for up to 5 years;
Criminal Code Article 207.3, Part 3 (if resulting in serious consequences):
– 10 to 15 years' imprisonment with deprivation of the right to hold
certain positions or engage in certain activities for up to 5 years.
Two imprisoned, two fined for opposing Russia's war in Ukraine on religious
grounds
As well as many convictions for Administrative Code offences
(https://www.forum18.org/archi
also convicted four people so far on Criminal Code charges for opposing
Russia's renewed invasion of Ukraine on religious grounds:
– on 17 October 2022, Verkhoturye District Court (Sverdlovsk Region)
fined Fr Nikandr Igoryevich Pinchuk
(https://www.forum18.org/archi
Russian Orthodox Church Outside Russia [ROCOR] not in communion with the
Moscow Patriarchate) 100,000 Roubles under Criminal Code Article 280.3,
Part 1 for posts on VKontakte. In the posts, he accused the Russian army of
shelling Ukrainian cities, called it the "horde of the Antichrist", and
praised the "perseverance" of the defenders of "the city of Mary,
Mariupol";
– on 30 March 2023, Timiryazevsky District Court in Moscow handed
63-year-old Mikhail Yuryevich Simonov a 7-year prison sentence
(https://www.forum18.org/archi
Article 207.3 ("Public dissemination, under the guise of credible
statements, of knowingly false information on the use of the Armed Forces
of the Russian Federation"), Part 2 for two online comments about the war:
"Killing children and women, on Channel One [television] we sing songs. We,
Russia, have become godless [bezbozhniki]. Forgive us, Lord!," and "Russian
pilots are bombing children." His appeal was rejected on 25 July 2023. His
prison address is:
601122 Vladimirskaya oblast
Petushinsky rayon
g. Pokrov
ul. Frantsa Shtolverka 6
FKU Ispravitelnaya koloniya - 2 UFSIN Rossii po Vladimirskoy oblasti;
– on 7 August 2023, Soviet District Court in Tomsk fined Anna Sergeyevna
Chagina (https://www.forum18.org/archi
Roubles under Criminal Code Article 280.3, Part 1 for making anti-war posts
on VKontakte after first being convicted for displaying a poster reading
"Blessed are the peacemakers (Matthew 5:9)" at an anti-war protest. She
appealed unsuccessfully at Tomsk Regional Court on 26 October 2023;
– on 31 August 2023, Kalinin District Court in St Petersburg sentenced Fr
Ioann Valeryevich Kurmoyarov
(https://www.forum18.org/archi
of ROCOR as Fr Nikandr) to 3 years' imprisonment under Criminal Code
Article 207.3, Part 2, Paragraphs G and D for posting videos condemning the
war on his YouTube channel. The lower court accepted his and his lawyer's
appeals on 1 and 20 December 2023, according to its website, but St
Petersburg City Court has not yet listed any hearings. Fr Ioann remains in
detention in the meantime. His prison address is:
196655 g. Sankt-Peterburg
g. Kolpino
ul. Kolpinskaya 9
Sledstvenniy izolyator No. 1 UFSIN po g. Sankt-Peterburgu i Leningradskoy
oblasti
Investigators have also opened three criminal cases against people who have
left Russia:
– Nina Aleksandrovna Belyayeva
(https://www.forum18.org/archi
Communist municipal deputy from Voronezh (Criminal Code Article 207.3, Part
1). She left Russia in April 2022, shortly after the meeting of Semiluk
District Council in which she denounced the invasion of Ukraine
(https://www.forum18.org/archi
stating that "murdering other people" and invading "the territory of
another state, which has nothing to do with the goal of self-defence of
one's own state" have "nothing in common with Christian beliefs.";
– Fr Aleksandr Nikolayevich Dombrovsky
(https://www.forum18.org/archi
Patriarchate priest from Bryansk Region, who preached against the renewed
invasion of Ukraine, for which he was punished by his Diocese. After being
questioned by local police based on information provided by an informer,
the police told him that the FSB security service had opened a case against
him under an unknown Criminal Code article;
– Yury Kirillovich Sipko
(https://www.forum18.org/archi
former head of the Russian Baptist Union (under investigation under
Criminal Code Article 207.3, Part 2, Paragraph D), whose home in Moscow the
Investigative Committee raided on 8 August 2023; they could not arrest him
as he had already left the country, and they have now had him placed on the
Interior Ministry's wanted list. (END)
More reports on freedom of thought, conscience and belief in Russia
(https://www.forum18.org/archi
For background information, see Forum 18's survey of the general state of
freedom of religion and belief in Russia
(https://www.forum18.org/archi
18's survey of the dramatic decline in this freedom related to Russia's
Extremism Law (https://www.forum18.org/archi
A personal commentary by the then Director of the SOVA Center for
Information and Analysis (https://www.sova-center.ru), Alexander
Verkhovsky, about the systemic problems of Russian "anti-extremism" laws
(https://www.forum18.org/archi
Forum 18's compilation of Organisation for Security and Co-operation in
Europe (OSCE) freedom of religion or belief commitments
(https://www.forum18.org/archi
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