KYRGYZSTAN: Who can be a conscientious objector?

Changes before Kyrgyzstan's Parliament continue to restrict conscientious objection to "members of registered religious organisations whose beliefs do not allow the use of weapons or service in the Armed Forces". But they change the recipient of the financial penalty - called "alternative service" and equivalent to between one and two months' average wages - paid by conscientious objectors from the Defence Ministry to "the state body which handles social issues". Human rights defender Dmitry Kabak of Open Viewpoint observed to Forum 18 News Service that there could be problems if the state deregisters a community. Temir Kasymov, assistant to Deputy Mairamkul Tlenchiyeva who co-drafted the legal changes, stated that Muslim or Russian Orthodox conscientious objectors, and atheists, would be able to opt out of military service. But asked what would happen if Muslim or Orthodox leaders were asked if their faiths allowed individuals to perform military service, Kasymov appeared unsure. "There haven't been cases when Muslims refused to serve", he told Forum 18. Kasymov pointed out that the proposed amendments are still in draft form, and asked for help in framing them to meet concerns over who will be allowed to be a conscientious objector.

18 February 2014

UZBEKISTAN: Concern over health of prisoners of conscience

Relatives and friends of three Muslim prisoners of conscience in Uzbekistan, jailed for exercising their freedom of religion or belief, have expressed concern to Forum 18 News Service about their state of health. Khayrullo Tursunov and his relatives Mehrinisso and Zulhumor Hamdamova (who are sisters) are all apparently in need of medical treatment. Relatives of the Hamdamova sisters told Forum 18 that "they both feel ill but Mehrinisso's health is worse". Relatives do not know when or even whether the prison authorities will arrange an operation for Mehrinisso. A related case is that of Khayrullo Tursunov, who has been exposed to the potentially fatal disease of tuberculosis (TB). The authorities have claimed to Forum 18 that he is cured – but if so Forum 18 notes this has taken an unusually short length of time. A relative wondered what the authorities' reasons were. "If he did not have TB why was he moved to the TB prison – and if he did why was he moved back to his original prison in such a short time?", the relative asked.

17 February 2014

KAZAKHSTAN: Criminal conviction, large "moral damages" - and new criminal case?

Retired Presbyterian Pastor Bakhytzhan Kashkumbayev was this afternoon (17 February) given a four-year suspended prison term in Kazakhstan's capital Astana. He was convicted of harming the health of a church member, even though that church member has repeatedly insisted to state authorities that her health was not harmed. He also has to pay the representative of his alleged "victim" large "moral damages" of 2 Million Tenge (about 65,800 Norwegian Kroner, 7,900 Euros or 10,800 US Dollars). "In my experience as a lawyer, this is one of the strangest cases I have seen in terms of legality", Pastor Kashkumbayev's lawyer Nurlan Beysekeyev told Forum 18 News Service after the verdict was handed down orally. "It was not just strange, but from the standpoint of the law, all types of violations occurred, when the case was opened, when it was being investigated and during the trial." Kashkumbayev will appeal against the verdict. Other violations of freedom of religion or belief continue, including ongoing raids on meetings for worship without state permission.

12 February 2014

UZBEKISTAN: New Decree gives "legal" basis to existing censorship

Books and other materials encouraging individuals to change their beliefs or which, in the state's opinion, "distort" beliefs are now specifically banned under a sweeping new censorship Decree, Forum 18 News Service notes. The Decree, which came into force on 27 January, gives a "legal" basis for the severe state restrictions on production, sale, distribution and import of religious materials. The Decree contains numerous violations of the conventions the country has under international human rights law promised to implement. Returning pilgrims – such as from Mecca – will have their literature seized for checking. Further punishments for breaking the censorship regime may be introduced. Officials of the state Religious Affairs Committee – which implements the compulsory prior state censorship – and the office of Deputy Prime Minister Adkham Ikramov – who is supervising the Decree's implementation – refused to discuss its provisions with Forum 18.

6 February 2014

UZBEKISTAN: Massive fine for Muslim prayer mat, Christian book raid ordered by NSS secret police

A hotel employee in Uzbekistan's capital Tashkent has been fined 150 times the minimum monthly salary after a Muslim prayer mat was found at the hotel during an early January search by the authorities. A hotel employee, who wished to remain anonymous for fear of state reprisals, confirmed the fine to Forum 18 News Service on 5 February. Also, on 20 January the NSS secret police with the police Anti-Terrorism Department raided a private home in Tashkent. As well as hundreds of Christian books and other materials being confiscated from Natalya Gaiyer and ordered destroyed, she was fined three times the minimum monthly salary. The officer who led the raid told Forum 18 that the raid and confiscations "were ordered by Tashkent police Anti-Terrorism Department and the NSS secret police". Judge Davron Narbayev claimed to Forum 18 that he was not authorised to comment on his own decision. He also would not say why he fined someone for possessing legally purchased books, which he ordered to be destroyed.

5 February 2014

KAZAKHSTAN: "We're liquidating the [mosque] community"

Kazakhstan's Din-Muhammad Tatar-Bashkir Mosque, built in 1852, is being forcibly closed. Yesterday evening (4 February), three officials of a Liquidation Commission appointed by a court to dissolve the community arrived at the Mosque in Petropavl to prepare an inventory of all its possessions. "The mosque is to be handed over to another religious organisation", Marat Zhamaliyev, deputy head of the regional Finance Department, told Forum 18 News Service. He refused to say which religious community the mosque will be given to. Told by Forum 18 that the mosque community still exists, regularly holds the namaz (prayers) in the mosque (including this morning, 5 February) and intends to continue to exist, Zhamaliyev responded: "We're not liquidating the mosque, we're liquidating the community." He insisted that the juridical community had been liquidated by a court and therefore did not exist. The Din-Muhammad Mosque may possibly be the last remaining publicly-accessible mosque independent of the state-backed Muslim Board.

29 January 2014

UZBEKISTAN: Art lessons, talking constitute "illegal" religious activity?

Rozalina Abyazova from Tashkent Region is trying to challenge in Uzbekistan's Supreme Court a fine handed down for allegedly involving her 12-year-old son in "illegal" religious education. Her petition, seen by Forum 18 News Service, points out that her son was only taking art lessons with two women who happen to be members of a Protestant congregation. The women and five other parents were also fined. Supreme Court officials refused to discuss the case or tell Forum 18 when the complaint will be heard. Elsewhere, three Protestant women in Fergana Region of eastern Uzbekistan are similarly preparing to challenge fines given to them by a local court merely for discussing their faith with each other. The NSS secret police referred the case to court alleging that the three women "illegally taught the Christian religion to each other". And a Protestant from Tashkent Region has been denied an exit visa.

28 January 2014

KAZAKHSTAN: Jailed for refusing to pay fines for exercising human rights without state permission

A Baptist in Semey in Kazakhstan is due to complete a 10-day prison term on 30 January, Forum 18 News Service has learned. Maksim Kandyba was jailed for refusing to pay a fine for attending a meeting for worship without state permission. Sentenced on the same day to three days' imprisonment was fellow Baptist Pavel Leonov. These are the third and fourth such known jailings in 2014. Such fines continue to be imposed, recently on Baptists and Jehovah's Witnesses. Kandyba and Leonov, like other Council of Churches Baptists, refuse to pay such fines. They point out that neither Kazakhstan's Constitution nor the country's international human rights obligations allow punishments for exercising human rights without state permission. But Aynura Shaimukhambetova of the Prosecutor's Office rejected Forum 18's observation that Kandyba's right to practice his faith freely is protected by international human rights commitments. Elsewhere, New Life Protestant Church members in Arkalyk have faced state interrogations and threats, particularly targeting state employees. The authorities appear to want to close the Church down. A Deputy Prosecutor refused to tell Forum 18 how many had been interrogated, or what he thinks they have done wrong.

23 January 2014

KAZAKHSTAN: Do foreigners have religious freedom?

Courts ordered two further fines and deportations in late 2013 of foreign citizens legally resident in Kazakhstan simply for exercising the right to freedom of religion or belief, Forum 18 News Service notes. Polish cardiologist Robert Panczykowski had preached at a Jehovah's Witness meeting, while Kyrgyz citizen Shamurat Toktoraliyev had discussed his faith in a private flat. A further case is pending. Anti-"Extremism" officer Smayil Konyrbai who raided the meeting singled out Panczykowski because he spoke "with an accent", the court decision notes. "It's not racism, it's my job," Konyrbai insisted to Forum 18. Moscow Imam Shamil Alyautdinov has been blocked from presenting his books in Kazakhstan because the only legally registered Islamic organisation – the Muslim Board – refuses to invite him. Without personal registration as a "missionary", any public appearance would be illegal.

22 January 2014

KAZAKHSTAN: Criminal trial begins for 67-year-old pastor

The criminal case launched against retired Presbyterian pastor Bakhytzhan Kashkumbayev in July 2011 finally reached a court in Kazakhstan's capital Astana today (22 January), Forum 18 News Service notes. The 67-year-old pastor has gone deaf in one ear and suffered heart problems during eight months in prison and psychiatric hospital. He rejects the charges of harming health, inciting hatred, propagating extremism and leading an organisation that harms others. The most serious charge carries a maximum ten-year prison term. The trial will resume after 31 January. Meanwhile, the criminal investigation of atheist writer Aleksandr Kharlamov in the town of Ridder continues. Deputy Head of East Kazakhstan Police Kadyrbek Nurgaliyev claimed to Forum 18 the criminal case against Kharlamov was suspended until the end of the "religious expert assessment" of his works. "Kharlamov should not worry, we are not intending to put him in prison."

14 January 2014

KAZAKHSTAN: 48-hour jail terms for refusing to pay "unjust" fines

Two Baptists were imprisoned for 48 hours each in Kazakhstan's northern Akmola Region for refusing to pay fines handed down in 2013 to punish them for exercising their right to freedom of religion or belief. Vyacheslav Cherkasov and Zhasulan Alzhanov were freed in the evening of 11 January. Cherkasov was held with about ten other prisoners in one cell. Asked about conditions, he laughed grimly. "Not very good," he told Forum 18 News Service. More than 150 such administrative fines to punish individuals for exercising their right to freedom of religion or belief are known to have been handed down in 2013. Anatoly Lazarenko, a 79-year-old Council of Churches Baptist from West Kazakhstan Region, became the second-oldest known victim when fined in November 2013. Officials chose to fine Yuri Rudenko on 25 December, the day his congregation celebrated Christmas. He was punished for leading a meeting for worship raided by police. "Police never raid our citizens," Nurdilda Oraz, head of the Interior Ministry press service, claimed to Forum 18.

8 January 2014

KAZAKHSTAN: "We have experts to check icons"

Twelve icons and three Bibles seized from a commercial bookseller in Oral (Uralsk) in West Kazakhstan Region in October 2013 have still not been returned. The bookseller is due to face an administrative court where he may be fined several weeks' average wages and the icons and Bibles might be ordered destroyed. "Everything is OK now – he has agreed not to sell religious materials," Salamat Zhumagulov, the state religious affairs official who seized the items, told Forum 18 News Service. Saktagan Sadvokasov, spokesperson for the government's Agency of Religious Affairs, also defended the seizure. "The Kazakh state must defend our citizens from harmful materials," he told Forum 18. Asked whether he has known icons which are harmful, he responded: "We have experts to check icons." A new draft procedure for acquiring the compulsory religious bookselling licence will require the owner of an applicant's rented business premises to certify that they are happy for religious items to be sold on their property.