A Publication of the ORTHODOX CHRISTIAN LAITY
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| Volume 6 Number 22 - Tuesday, June 1st, 2004 |
A Publication of the ORTHODOX CHRISTIAN LAITY |
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The Orthodox Christian News Service |
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Persecuted bishop nears exonerationTRIAL OF ANCIENT ORTHODOX BISHOP OF KURSK POSTPONED Portal-credo.ru, 26 May 2004 - The Volodar district court of the city of Briansk has again, for the third time, postponed a session in the case of the Ancient Orthodox bishop of Kursk, Apollinary Dubinin, to 8 July, a "Portal-credo.ru" correspondent reports. The reason for the postponement of the judicial session is the nonappearance of witnesses for the prosecution, experts from Moscow, upon whose conclusion the case regarding contraband was drawn up. As noted by a representative of the "For human rights" public movement, Vladimir Stepanov, who is in charge of legal support for the cleric, those assembled in the courtroom were especially interests in the way the accusation against Bishop of Kursk Apollinary was constructed on the basis of his possession of liturgical articles that he needed for performing church rites. We recall that on 19 April 2000 customs agents discovered in the possession of train passenger A.G. Dubinin, traveling from Moscow to Kremenchug, a eucharistic spoon, an altar cross, a 1913 service book, and 1912 New Testament, and a "Trebnik" and "Rite of Confession" from 1910, and one book of his personal property. It was these liturgical articles that were sent for expert analysis in the Briansk Museum of Territorial Studies, where fabricated a conclusion for presentation of an indictment. Although other expert organizations had shown that the material evidence seized from the cleric did not have historical or artistic value, and thus are not cultural valuables and do not fall under the purview of the law on import and export of such things from Russia, at the insistence of Prosecutor Kanishchev at the Ministry of Culture of RF a conclusion was prepared that permitted the Ancient Orthodox bishop to be sentenced to three years in prison for contraband. Now, when even the second sentence has been quashed, which shortened the term to six months, the acquittal of the cleric is expected. The third failure of specialists to appear permits the court to review the case in their absence, so that the 8 July trial should be completed without new exhausting delays. A decision of acquittal with respect to the Ancient Orthodox Bishop Apollinary will mean that the FSB department for Briansk province will have to compensate for both court costs and the cleric's travel expenses and honoraria for the attorneys. (tr. by PDS) APPEAL OF THE "FOR HUMAN RIGHTS" PUBLIC MOVEMENT REGARDING THE CASE OF ANCIENT ORTHODOX BISHOP APOLLINARY 24 May 2004 To Volodar district court of the city of Briansk In the interests of rights and freedoms, of the fulfilment of direct responsibilities of Bishop of Kursk Apollinary, and of the judicial authority of RF in exercising justice, the "For human rights" public movement of the Russian federation, after an appeal by Bishop of Kursk Apollinary for help in defending his rights and freedoms (freedom of conscience, freedom of religious confession, the right to disseminate religious and other convictions, which under no circumstance are subject to limitation in accordance with article 28, part 3 and article 56 of the Russian constitution) has appealed many times to the prosecutor of Briansk province (A.V. Kornienko), the presidential envoy for the Central federal district, G.S. Poltavchenko, his deputy, V.F. Volkov, and to the chairman of the Briansk district court, A.E. Pytalev, the chairman of the Supreme Court of the Russian Federation, V.M. Lebedev, ( and besides this deputies of the State Duma of the Federal Assembly appealed to N.P. Patrushev, director of the Federal Service of Security of RF) with regard to the fabricated criminal case of FSB of this region for bringing to justice the Ancient Orthodox Bishop of Kursk Apollinary on the basis of article 188, part 2 of the Criminal Code of RF (contraband). The essence of his appeal consisted in the following: Bishop of Kursk Apollinary was invited by a group of Old Believers to conduct the all-night Easter vigil in the city of Kremenchug. He took with him liturgical articles for performing the sacraments (baptism, communion, consecration of water, etc.) appropriate to the rank of bishop and for performing the solemn divine service at the time of the celebration of Pascha, for which he had been invited by fellow believers. On 19 April 2000 he bought a ticket for the Moscow-Kremenchug train from the territory of Russia to the territory of Ukraine. He took with him liturgical articles for performing church rituals: a eucharistic spoon for communion, an altar cross, and liturgical books, a 1913 "Sluzhebnik," and 1912 "New Testament," and 1910 "Trebnik", and a 1910 "Ritual of Confession" One book was his personal property. Before customs at the Briansk station Bishop of Kursk Apollinary declared that he had with him 1300 Russian rubles but the liturgical articles that he had in his bag for performing divine services he did not include in the customs declaration since he had regularly crossed the border in this way. The customs officials in the city of Briansk discovered the ecclesiastical items. And in July 2000 a representative of FSB visited him with a report about a summons of Bishop Apollinary for a conversation at FSB in the city of Briansk. 17 July 2000 he was summoned to FSB by a notification from investigator N.N. Ignatov. 6 September 2000, N.N. Ignatov arrived at his place of work in Mendeleev Chemical Technological University and informed him that on 10 May 2000 a criminal case had been opened against A.G. Dubinin on the basis of article 188, part 2. N.N. Ignatov took from A.G. Dubinin a written undertaking not to depart. 24 September 2000, information was received about the termination of this criminal case on the basis of article 5, part 2 of the Code of Criminal Procedure of RSFSR, signed 8 September 2000 by investigator N.N. Ignatov of the directorate of FSB for Briansk province. The prosecutor of Briansk province, A.V. Kornienko, noted the order to terminate the criminal case and it was again returned to FSB of the city of Briansk. 11 October 2000, Bishop of Kursk Apollinary received a notice from the Volodar district court of the city of Briansk with the conclusion to indict, signed by the same FSB investigator N.N. Ignatov (and also from 8 September 2000) and confirmed by the prosecutor of Briansk province A.V. Kornienko, 14 September 2000. The FSB for Briansk province had transferred the baseless criminal case to the Volodar district court of the city of Briansk, which had turned it down many times for understandable reasons: absence of commission of a crime and of intentional conduct for commission of a crime in accordance with article 188 part 2 of the Criminal Code of RF. Three judges were replaced: I.V. Lebedev, I.I. Gunko, T.B. Gusakov. The judicial investigation that was conducted was based on the conclusions of an expert analysis by art scholars carried out in the Briansk museum of territorial studies. However there exists a conclusion of the Ministry of Culture of the Russian federation that this museum does not have the right to conduct such expert analyses. This fact is evidence of exceeding the boundaries of the juridical obligations of responsible persons of FSB and the prosecutor's office for Briansk province, and it exists in the materials of the case but is not a juridical circumstance. In addition to the aforesaid, on 20 October 2000 an expert analysis by the Russian State Library was received that exists in the criminal case to the effect that the confiscated objects of a eucharistic spoon, altar cross, and liturgical books, "Sluzhebnik" (1913), "New Testament" (1912), "Trebnik" (1910), and "Rite of Confession" (1910) do not have historical or artistic value and thus they are not cultural valuables and do not come under the purview of the law regarding import and export, and a different procedure is established for taking them through customs. However on 20 February 2001 the Volodar district court of the city of Briansk made a decision to send the material evidence to an independent expert analysis. The northwestern regional center for judicial expert analysis in St. Petersburg on 15 May 2001 came to the conclusion that the material evidence that was presented has no artistic, historic, or antiquarian value and thus they are not cultural valuables for which special rules of passing customs have been established. Nevertheless, on 14 September 2001 in the Volodar district court of Briansk Prosecutor Kanishchev insisted that the material evidence be sent for another expert analysis at the Ministry of Culture of RF. The analysis in the Ministry of Culture of 24 October 2001 was conducted under pressure and in the absence of the head of the department of licensing of the Department for Preservation of Cultural Valuables of the Ministry of Culture, V.S. Pogodin, who disagreed with the conclusions of the expert analysis, and it was recalled by the Ministry of Culture in a letter sent to the Volodar district court on 12 November 2001. The Volodar district court declined to review the letter from the Ministry of Culture of 12 November 2001 regarding the recall of the expert analysis. A study of the general situation gives evidence of the following: First, A.G. Dubinin is not only a citizen of the Russian federation but also a baptized Old Believer who performs the duties of a cleric and has the status of Bishop of Kursk Apollinary. As a participant in the legal relations between citizens and society he performs his direct responsibilities as a priest before Old Believer parishioners and before God as a civil transaction. Old Belief appeared in Russia in 988 at the time of the baptism of Rus. Before the incident on the trip to Kremenchug, on 16 December 1999 there occurred a departure of a Kursk parish comprising seven Old Believer parishes, leaving the jurisdiction of the Novozybkov archdiocese, and Bishop of Kursk Apollinary joined them, and they do not have prayer fellowship with it [the archdiocese]. Second, Bishop of Kursk Apollinary is a baptized Old Believer and does not belong to the Russian Orthodox church. However it is the Old Believers who have the distinctive features of the Russian Orthodox church and the Russian Orthodox Old Believer church. These are the manner of configuring the fingers for expressing the Orthodox faith and service to God. The Russian Orthodox church uses the three-finger blessing in services while the Russian Orthodox Old Believer church uses the two-finger blessing. The two-finger blessing of the Old Believers consists of the following: two fingers (the index and middle fingers) in the name of the two natures of Christ, divine and human, and the three fingers (the thumb and two last fingers) are joined in the name of the Holy Trinity (God the Father, God the Son, and God the Holy Spirit). The fingers are joined in this way to express the chief truths of the Orthodox faith. On the other hand, it is this distinctive trait of Old Believers that testifies to the fulfilment of his obligations before the parishoners and society in the civil transaction, which confirms their good conscience and reason in expressing the chief truths of the Orthodox faith. Thus the conduct and relations of A.G. Dubinin to the Old Believer Orthodox church testify to the true understanding of the Orthodox liturgy and also to his fulfilment of his obligations before parishioners and society. And if we had a priest of the Russian Orthodox church who would come to Kremenchug in Ukraine, then the use of the three-finger blessing as a symbol of divine worship in making the sign of the cross on one's self, expressing it with the three-finger blessing, would be saying that the Holy Trinity was crucified on the cross. Then we would not be able to receive juridically the significant circumstance that would confirm the expression of the Orthodox faith and service to God (juridical circumstances are the representations of Jesus Christ on icons, in churches and other shrines) in fulfilling his obligations before parishioners and society in the civil transaction of a cleric of the Russian Orthodox church. However, on another plane the psychological conduct of the cleric A.G. Dubinin testifies that he maintains his Orthodox faith and service to God in purity. However it is this clear trait of his, distinguishing him the Russian Orthodox church, that testifies that he is performing his obligations before Old Believer parishioners and God in good conscience, reasonably, and correctly, in accordance with the generally known circumstances on icons in Old Believer and Orthodox churches. And it is these distinctive characteristics that impose stern conditions that he must take with him articles of his labor for fulfiling his direct responsibilities before Old Believer parishioners and society in the civil transaction, in accordance with the provisions of articles 9 and 10 of the Civil Code of the Russian federation. The aforesaid are the juridical circumstances for the creation of civil rights and obligations in the performance of baptism, confession, communion, and the liturgy with the help of ecclesiastical articles only. Third. Responsible persons of the Briansk prosecutor's office and FSB, using their authority and performing their official duties beyond the limits of what is permitted, denied Bishop of Kursk Apollinary of his constitutional rights. As a result Bishop of Kursk Apollinary was summoned for his exercising his personal, exceptional constitutional rights of freedom of conscience, freedom of religious confessions and the right to disseminate religious and other convictions, which are not subject to restriction under any conditions in accordance with the provisions of article 28, part 3, and article 56 of the Russian constitution These rights have an exceptional character in as much as they are not regulated by the offices of the government and by the Russian federation. However, on the other hand deprivation of the rights and obligations of Bishops of Kursk Apollinary gives evidence of the commission of a crime on the part of workers of FSB and the prosecutor's office of Briansk province, provided by articles 285, part 2 and 286, part 2 of the Russian Criminal Code. On the other hand, the denial of the exercise of exceptional rights and obligations of Birshop of Kursk Apollinary established by article 28 and article 56, part 3, of the Russian constitution gives evidence of the incorrect practice of jurisprudence by the Briansk courts. In any review of the circumstances of the case regarding Bishop of Kursk Apollinary, especially since he belongs to the Old Believer Orthodox faith which contains the purity, good conscience, and rationality of divine worship and the unconditional truth of the Orthodox faith itself before parishioners and society, gives evidence of the absence of intention to commit the crime specified in article 188, part 2, of the Russian Criminal Code. Fourth. Investigation of the materials of the criminal case shows a complete absence in the actions of Bishop of Kursk Apollinary (A.G. Dubinin) of the commission of a crime, since he is an Old Believer priest and was invited to the city of Kremenchug for performance of church rituals, baptism, confession, communion, and the liturgy. The conclusion of the experts of the northwestern regional center of judicial expert analysis of 10 May 2001 gives evidence that the confiscated material evidence--books, a cross, and spoon for communion--do not represent any cultural and historical value. All materials of the case give evidence of the incorrect application of legal norms in the judicial sessions conducted previously and the illegal summons of an innocent person to account. On the other hand, there cannot be a prosecution of Bishop of Kursk Apollinary connected with his withdrawal from the official Novozybkovsk archdiocese of the Ancient Orthodox church and the formation of a new canonical structure. In all of this the actions and conduct of responsible persons of the prosecutor's office and FSB for Briansk province give evidence that the conduct of responsible persons exceeded the bounds of juridical prescriptions. As a result of the exceeding of the bounds of official obligations by responsible persons of the law enforcement agencies, Bishop of Kursk Apollinary's trip was interrupted and he was deprived of his exceptional constitutional rights along with the parishioners, which unquestionably gives evidence of the excesses and malfeasance of responsible authorized workers of the prosecutor's office and FSB. Next. A multitude of judicial sessions have been held over the course of four years (the incident happened 19 April 2000). The time for the review of a criminal case, established by article 6 of the European convention, was grossly violated. With the cooperation of the "For human rights" public movement, the appeal of A.G. Dubinin and the Center for Cooperation in International Defense was accepted by the European Court. After the appeal of the "For human rights" public movement to the chairman of the Supreme Court of the Russian federation, V.M. Lebedev, the vice-chairman of the Supreme Court of the Russian Federation, A.E. Merkushova, issued a protest against the sentence of the Volodar district court of the city of Briansk of 6 February 2002, and the decision of the judicial collegium for criminal cases of the Briansk provincial court of 22 March 2002 with regard to Alexander Grigorievich Dubinin, who was sentenced in accordance with article 188, part 2, of the Criminal Code of RF (contraband). A session of the presidium of the Briansk provincial court scheduled for 24 December 2004 vacated the sentence of the Volodar district court of the city of Briansk and the decision of the judicial collegium with regard to A.G. Dubinin, and the case was sent for a new review. The protest sent by Supreme Court Vice-Chairman A.E. Merkushova and the order of the presidium of the Briansk provincial court presented the circumstances that give evidence of the innocence of Bishop of Kursk Apollinary. In 2003 a new session of the Volodar district court of the city of Briansk was held, with A.V. Riabukhin as judge. The court again issued a guilty verdict, with a six month suspended sentence and amnesty for the exceptional and unregulated rights and freedoms of the rector of the Old Believer Orthodox church, who understands the truth of the Orthodox divine worship and fufills his obligations before parishioners and society. This sentence was again vacated on 18 July 2003 on appeal, by decision of the Briansk provincial court. And the case was sent for a new judicial review in the same court with I.V. Lebedeva as judge, which has continued to the present. However the material presented above shows the juridical conditions of a violation of the period for review established by article 6 of the European convention and is an unquestionable basis for a review of the prosecution by the European Court. Speaking about the circumstances of the guilt of the Ancient Orthodox Bishop of Kursk Apollinary (A.G. Dubinin), he has higher education and holds the kandidat degree in chemistry and is a docent of the Mendeleev Russian Chemical Technological University, while he simultaneously serves as rector of the Dormition church of Ancient Orthodox Christians of the city of Kursk. However, the trials held in Briansk province did not understand his rights and freedoms, including the obligations of a rector of the Old Believer church, that the items carried by Bishop of Kursk Apollinary through the customs barrier -- books, cross, and eucharistic spoon--are not only ecclesiastical articles but are necessary objects for his daily work in fulfilling his obligations before other citizens and society, and it also confirms that he holds in purity his Orthodox faith and service to God, and in good conscience and reasonably understands, hears, and expresses the chief truths of the Orthodox faith, using only his instruments of labor. The exceptional rights of freedom to select, hold, and disseminate one's faith and other convictions, acting in accordance with the constitution and legislation of the Russian federation, have been legislatively confirmed for Bishop Apollinary. These rights and freedoms have an exceptional character and may not in any circumstances be regulated by federal legislation and are not subject to restriction by the Russian federation. A deep analysis of the factors, motives, goals, and other psychological characteristics determining the conduct of Bishop of Kursk Apollinary give evidence of the following:
a. He went to
Kremenchug to perform the all-night Easter vigil
upon the invitation of fellow believers. An analysis of the above cited facts, motives, goals, and other psychological characteristics of A.G. Dubinin, Bishop of Kursk Apollinary, gives evidence of the absence of intentional conduct for which he should be recognized as guilty of contraband. On the other hand, it shows that in fulfilling their juridical duties responsible persons of FSB and the prosecutor's office deprived Bishop of Kursk Apollinary of his rights and freedoms. The Russian Criminal Code does not provide for prosecuting Ancient Orthodox Bishop of Kursk Apollinary (A.G. Dubinin) for objects that he had always earlier used on his trips abroad for conducting ecclesiastical rituals, or for exceptional rights and freedoms and obligations in a civil transaction, or for understanding the most important truths of the Orthodox faith. On the other hand, the judicial authority of Briansk province in exercising justice deprived him of his constitutional rights and freedoms and failed to fulfill its obligations. The "For human rights" public movement concludes that in the actions of Bishop of Kursk Apollinary there is an absence of intentional conduct constituting a crime specified in article 188, part 2 of the Russian Criminal Code, while there is every basis for terminating the case.
With respect, |
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