COMMENTARY: RUSSIA: Art curators' verdict not isolated instance – this is a system

The conviction of art curators Yury Samodurov and Andrei Yerofeev is the most high-profile symptom of the problems flowing from Russian anti-extremism legislation, notes Alexander Verkhovsky, Director of the Moscow-based SOVA Center for Information and Analysis http://www.sova-center.ru, in a commentary for Forum 18 News Service http://www.forum18.org. This legislation has been used to target religious groups such as Jehovah's Witnesses and Muslim readers of the works of Said Nursi, suggesting that these uses of anti-extremism law are not isolated instances – this is a system. Only indifference to religion prevents people worried by restrictions on freedom of speech from noticing the growing proportion of anti-extremism cases relating to religion. Particularly disturbing is the precedence given to the catch-all legal concept of 'religioznaya rozn' (religious discord) over the narrower 'religioznaya vrazhda' (religious enmity), as this allows criminalisation of legitimate criticism of others' worldviews. There must be, Verkhovsky argues, a re-examination of anti-extremism legislation, or at least a clear Supreme Court explanation conforming to international human rights standards.

14 July 2010

UZBEKISTAN: Two further short-term jailings, while raids and fines continue

The ten-day prison terms handed down to Lepes Omarov and another Protestant in Karakalpakstan on 8 July brought to ten the number of people known to Forum 18 News Service to have been given short-term prison terms in 2010 to punish them for their religious activity. All religious activity in Karakalpakstan outside state-approved mosques and one Russian Orthodox church is banned. Elsewhere in Uzbekistan, a Protestant in Tashkent Region was given a written warning that "as the leader of an illegally functioning cell of Protestant tendency" he was breaking the law by holding religious services and sharing his faith and risks prosecution. An "Anti-Terror" operation in Fergana targeted two Baptists offering Christian books – they were fined, while the verdict records that the court "considers it necessary" that the four books confiscated from them be destroyed. No official would discuss these cases with Forum 18.

12 July 2010

RUSSIA: Will Jehovah's Witness and Armenian-rite Catholic court victories be respected?

Both the Jehovah's Witnesses and the Armenian-rite Catholic parish in Moscow have recently won legal victories in defence of their right to exist, Forum 18 News Service notes. The European Court of Human Rights (ECtHR) in Strasbourg rejected allegations that the Jehovah's Witnesses destroy families and infringe the rights and freedoms of citizens and which were used to attempt to ban their community in Moscow. The ECtHR also found that the excessive length of court proceedings against the community violated the right to a fair trial. However the Jehovah's Witnesses have submitted another complaint to the ECtHR, this time against a Supreme Court ruling outlawing 34 Jehovah's Witness titles as extremist and dissolving their community in Taganrog. This paved the way for the current nationwide wave of raids, detentions, literature seizures and other violations of freedom of religion or belief against Jehovah's Witnesses. Separately, Armenian-rite Catholics won a case in Moscow against a city decision not to register their parish. The city Justice Department has appealed in Moscow against the judgment, but no date has yet been set for the appeal hearing.

8 July 2010

UZBEKISTAN: More Muslims jailed, what chance of appeals by Muslim and Christian prisoners of conscience?

In a mass trial, Bukhara Regional Court handed down sentences on 25 June of between eight and six years on a group of nine men, sources who asked not to be identified told Forum 18 News Service. The nine were readers of the works of Muslim theologian Said Nursi or acquaintances of them. A trial in the same court of a further ten men – arrested at the same time in early 2010 – began on 22 June and is still continuing. Court officials refused to discuss the cases with Forum 18. Meanwhile, 27-year-old Tohar Haydarov – sentenced to ten years' imprisonment on drugs charges which his fellow-Baptists insist were fabricated – is planning to appeal to Uzbekistan's Supreme Court. "He is hoping that justice will happen and he will be released," fellow Baptists told Forum 18. They said his health in labour camp near Karshi is "normal". Jailed Muslim journalist Hairulla Hamidov told his mother during a meeting in a Tashkent prison in June there was no hope for an appeal to be successful and that he had therefore decided against it.

7 July 2010

RUSSIA: Pre-trial detentions of Muslim and Jehovah's Witnesses

Ilham Islamli, a reader of the works of Muslim theologian Said Nursi, has been held since 18 June on charges of inciting religious hatred for posting Nursi's works on a website, Forum 18 News Service has learned. It is unknown when the case might reach court. "It will happen this year," is all Investigator Vladimir Chernobrovin would tell Forum 18. Asked who might have suffered from Islamli's posting of some works by Nursi, Investigator Chernobrovin responded: "Asking who suffered or not is not relevant. The investigation is based on the court decisions banning Nursi's works." Meanwhile, two Jehovah's Witness women, Anna Melkonyan and Mariya Zubko, were freed on 1 July after 56 days' pre-trial detention but are still facing prosecution on accusations of theft. The two women, their lawyers and Russia's Jehovah's Witness community insist that the two were not involved in burglaries which took place in the town of Lobnya in Moscow Region. Melkonyan's lawyer, Natalya Medved, told Forum 18 that it is not clear whether the two women's faith led the police to accuse them of the burglaries. "It could be that it's not just because they are Jehovah's Witnesses. The police can't find the real criminals, so they believe that as foreign citizens the two women won't have anyone to defend them."

1 July 2010

NAGORNO-KARABAKH: One year in prison for refusing military oath

Armen Mirzoyan, a young Baptist in Nagorno-Karabakh, an internationally unrecognised entity in the south Caucasus, was sentenced to one year's imprisonment on 30 June for refusing to swear the military oath and handle weapons during his compulsory military service, court officials told Forum 18 News Service. "Why has he been sentenced for following the Bible?" his brother Gagik – who had been imprisoned on the same charges by the same judge - told Forum 18. "I asked the officials why they treat Christians like this, and they responded that they follow the laws of Karabakh and no-one can tell them what to do," their mother Anna told Forum 18. Meanwhile, police confiscated religious literature from members of Revival Fire Evangelical Church returning to Karabakh from Armenia. Raids and fines on Protestant Christians and Jehovah's Witnesses continue. "Citizens are free to select their religion and worship," Deputy Foreign Minister Vardan Barsegyan claimed to Forum 18.

29 June 2010

BELARUS: Will proposed new Alternative Service Law respect conscientious objections?

Ivan Mikhailov, Dmitry Smyk and Yevhen Yakovenko - the three young men convicted since late 2009 of refusing compulsory military service on grounds of conscience - separately told Forum 18 News Service that they want the proposed new Alternative Service Law now being drafted to introduce a fully-civilian service, not of punitive length and open to all conscientious objectors, whether religious or not. Mikhail Pashkevich of the group For Alternative Civilian Service insisted to Forum 18 that applicants for alternative civilian service should be able simply to inform the authorities of this decision without having to "prove" their entitlement. President Aleksandr Lukashenko's instruction in February that an Alternative Service Law be drafted came a decade after Belarus' Constitutional Court ruled that introducing an alternative service in line with provisions in the Constitution was "urgent".

28 June 2010

BELARUS: Contradictory court rulings for conscientious objectors

The three conscientious objectors to compulsory military service sentenced under the Criminal Code since such prosecutions resumed in November 2009 have faced different outcomes, Forum 18 News Service has learnt. Messianic Jew Ivan Mikhailov was found guilty and imprisoned, but was freed days before the end of his three-month sentence. He was acquitted on retrial and the prosecutor's appeal against this was rejected. He told Forum 18 he will seek compensation for his imprisonment. Jehovah's Witness Dmitry Smyk, initially fined, was acquitted on retrial, but the prosecutor's appeal against this is due to be heard on 16 July, as he told Forum 18. Non-religious objector Yevhen Yakovenko, sentenced on 4 June to one year's restricted freedom, told Forum 18 he has appealed against the sentence. All three say they would do an alternative civilian service. "It is not wrong to serve one's country," Mikhailov told Forum 18, "especially on socially-useful work, such as in children's homes or hospitals."

24 June 2010

KAZAKHSTAN: Parliament to go against international human rights commitments?

Following a police raid on his ordination service, Baptist pastor Oleg Voropaev in Kazakhstan's northern Pavlodar Region has become the latest victim of the Administrative Code's punishments for leading unregistered worship, Forum 18 News Service has learnt. Voropaev told the court that he considered himself not guilty, as Kazakhstan's Constitution guarantees the right to worship individually or collectively. As a community without a bank account the church does not need legal status, and does not need or want registration to exist or meet. Human rights defenders and religious communities are concerned that punishments for religious activity under the current Administrative Code are retained under the proposed new Code now in Parliament. Deputy Serik Temirbulatov, who chairs the Majilis working group preparing the new draft, expects a draft to be presented to the Majilis' Legislative and Judicial-Legal Committee in late October, and a draft to reach the full Majilis in December. Asked if the majority view among deputies will prevail even if proposed Articles still violate Kazakhstan's international human rights commitments, Temirbulatov responded: "Yes."

23 June 2010

KAZAKHSTAN: Is unregistered religious activity extremism, separatism or terrorism?

Muslims and Baptists are known to have been targeted in 2010 by at least three of Kazakhstan's regional police Departments for the Fight against Extremism, Separatism and Terrorism in Kazakhstan, Forum 18 News Service has learned. "We get involved in questions on this line," police Major Dauren Gumarov commented on raids on three Taraz mosques and one nearby madrassa (religious college). Major Gumarov is head of Jambyl region's anti-terrorism police, and asked what he meant by "line" he replied: "Unregistered religious associations." Insisting – despite contradictory statements in Kazakh law and international human rights standards – that state registration is compulsory, Major Gumarov refused to explain why his Department targeted peaceful religious communities which did not pose an extremist, separatist or terrorist threat. Council of Churches Baptists – who refuse on principle to seek state registration – have also been targeted by anti-terrorism police. Pastor Nikolai Levin told Forum 18 that he "asked [a police officer] why people cannot believe as they choose without his Department needing to know about it, but he refused to explain".

18 June 2010

KAZAKHSTAN: Textbook "propagandises intolerance, so it should be banned for use in schools"

Human rights defenders and religious communities remain highly concerned about a school religious studies textbook which, in the words of one local specialist, contains "aggressive, sometimes insulting and even offensive" language about some Kazakh religious communities. Among those who have expressed concern to Forum 18 News Service are Ahmadi Muslims, Protestant Christians, Hare Krishna devotees, Jehovah's Witnesses and the state Religious Affairs Committee. Human rights defenders have also expressed concern about the textbook's echoing of officials' rhetoric against freedom of religion or belief. The lead author of the textbook, Senator Garifolla Esim, claimed to Forum 18 that "I have not said anything negative about any of the officially registered religious groups". Numerous criticisms have been made of the textbook, 'Introduction to Religious Studies', one Kazakh expert bluntly stating that "the book propagandises intolerance, so it should be banned for use in schools". Senator Esim also told Forum 18 that he and fellow law-makers are working on a draft law similar to a previous draft severely restricting freedom of religion or belief.

15 June 2010

UZBEKISTAN: Samarkand – city of closed Protestant churches

The seventh in a series of Protestant churches stripped of state registration in the central Uzbek city of Samarkand in the past four years is still battling to regain it. Without registration, all religious activity is illegal. "For more than a year our church has been trying to establish the illegality of the stripping of registration," a member of Samarkand's Central Protestant Church told Forum 18 News Service. "All the courts either say it is not within their competence or remain silent." Asked if there was any hope that the church would be able to regain its registration, an official of Samarkand Regional Justice Department told Forum 18: "I don't know what decision we will take. I am not a doctor." At least one further local Protestant church has applied in vain for registration for the past decade. "Now all of us have been deprived of the fundamental right to pray together and worship God," one local church leader complained. Local Muslims, Hare Krishna devotees and Jehovah's Witnesses have also faced harassment.