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The right to believe, to worship and witness
The right to change one’s belief or religion
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TURKEY: No progress on religious property in 2009

Turkish religious communities as diverse as the Alevi Muslims, Catholics, the Greek Orthodox, Protestants, and the Syriac Orthodox Church have seen no significant progress in 2009 in resolving long-standing property problems, Otmar Oehring of the German Catholic charity Missio notes in a commentary for Forum 18. Hopes were high, following meetings with Prime Minister Recep Tayyip Erdogan and US President Barack Obama's address to the Turkish Parliament, that some progress on this aspect of freedom of religion and belief would be made. But there has been, for example, no progress on recognising Alevi Muslim cem houses and continuing legal cases against the Mor Gabriel Syriac Orthodox Monastery, while two recent victories in the European Court of Human Rights (ECtHR) have not led to the recovery of confiscated property. Dr Oehring observes that the ECtHR appears to be the only realistic hope of resolving individual property cases – provided its judgments are implemented.

KAZAKHSTAN: "This is not persecution on religious grounds – the law demands this"

Kazakhstan-born Baptist Viktor Leven, who holds German citizenship, will be deported if a Kazakh court upholds a decision punishing him for "unregistered missionary activity", local prosecutor Kairat Ramazanov told Forum 18 News Service. "This is not persecution on religious grounds – the law demands this," he insisted, claiming that preaching at a church service represented missionary activity and was thus illegal without state approval. Constitutional guarantees of freedom to practice a faith or none are not, Ramazanov claimed, infringed by the restrictions on religious activity imposed in the Religion Law. Leven, who along with his family was born in Kazakhstan, insisted to Forum 18 that he is not a missionary. "This is where I live and all five of our children were born here," he stated. Leven also told Forum 18 that the family are in the process of renouncing German citizenship – which many people born in the former Soviet Union have received – to claim Kazakh citizenship. Also, President Nursultan Nazarbaev has announced a need for a new state body to oversee religion.

RUSSIA: Jehovah's Witnesses to be banned?

Following more than 500 check-ups on Jehovah's Witness communities across Russia, prosecutors in several regions are going to court to have various of their publications declared extremist. This would see their distribution banned in Russia and cripple the organisation, Forum 18 News Service notes. Jehovah's Witnesses believe state agencies want a total ban. Rostov-on-Don Regional Court ruled 34 texts extremist on 11 September, the first court to do so. The court ruling, seen by Forum 18, claims that the sentence "true Christians do not celebrate Christmas or other festivals based on false religious ideas" represents incitement to religious hatred, while another publication which quoted Tolstoy – described as "an opponent of Orthodoxy" - created "a negative attitude towards the Russian Orthodox Church". The court also declared a local congregation extremist and ordered it liquidated. The Jehovah's Witnesses have appealed to Russia's Supreme Court. Customs continue to seize their books. The public prosecutor who raided a meeting in St Petersburg alleging "extremist activity" was going on refused to talk to Forum 18: "You could be some kind of spy."

TURKEY: Hopes for 2009 disappointed

Hopes for improvements in the rights of religious communities in Turkey in 2009 have once more come to nothing, notes Otmar Oehring of the German Catholic charity Missio in a commentary for Forum 18. Alevi Muslims broke off formal talks with the government over denial of their rights. A high-profile lunch with Prime Minister Recep Tayyip Erdogan in August 2009, attended by five religious minority leaders, including Ecumenical Patriarch Bartholomew, was followed by a visit to two Greek Orthodox sites. But no concrete improvements ensued. Intolerance promoted by Turkey's mainstream media has markedly reduced, but local and ultranationalist newspapers and websites still promote such intolerance. No verdict was reached in 2009 in the long-running trial over the 2007 murder of three Protestants in Malatya, or over the long-running attempts to prosecute two Protestants accused of "defaming Islam". Dr Oehring argues for a fundamental change in the attitudes of both society and the government.

BELARUS: Prosecutions of conscientious objectors resume

The criminal trial of Jehovah's Witness Dmitry Smyk, which began in Gomel on 8 October and is set to resume on 29 October, represents the first known prosecution of a religious conscientious objector to compulsory military service in the past nine years, Forum 18 News Service notes. "I have tried to abide by the Bible in all aspects of my life and act on its teachings that one shouldn't fight or teach to fight," Smyk told Forum 18. He said he is ready to do a civilian alternative service, as guaranteed in Belarus' Constitution. However, without a mechanism to enact this, Gomel's Military Commissariat says it must pass cases of refusal to conduct military service for prosecution. "So I have the right, but can't use it," Smyk says. Two other local Jehovah's Witness conscientious objectors have been referred to the Prosecutor's Office and another case is reportedly likely in Grodno.

BELARUS: "They were not doing wrong – it's just our law"

Baptists and Jehovah's Witnesses in Belarus continue to be raided and fined by the authorities for unregistered religious activity, Forum 18 News Service has found. The raids on meetings for unregistered worship have been strongly defended by the authorities. Anna Mukhlya, an expert in a regional Ideology Department who took part in one of the raids, conceded that the raided congregation was not harming anyone. "They were not doing wrong – it's just our law," she told Forum 18. Civil society groups continue to campaign against the Belarusian Religion Law, which makes unregistered religious activity a criminal offence. The Legal Transformation Centre and the advocacy group For Religious Freedom have drawn up an alternative Religion Law, which they think conforms with international human rights standards. However, attempts to hold an open roundtable in Minsk on 27 October on this have been frustrated by bans on renting conference facilities, imposed by Minsk city authorities.

UZBEKISTAN: Did investigator fabricate evidence against Baptists?

Several parents – named as victims in the indictment against three Baptist Union leaders now on trial in Tashkent – have told the court that statements that their children were taught the Baptist faith against their wishes were fabricated or dictated by Investigator Anatoli Tadjibayev, Forum 18 News Service has learnt. The head of Uzbekistan's Baptist Union Pavel Peichev and two colleagues went on trial on 24 September accused of teaching religion illegally to children at church-run summer camps and evading tax on profits from the camp. They deny all the charges – which carry punishment of up to three years' imprisonment - and insist the camps made no profit and were supported financially by the Union. Asked whether Investigator Tadjibayev will be punished if the court establishes that he abused his powers, Zulfiya Ahmedova, who represents the prosecution in the case, told Forum 18: "The Prosecutor will have to decide that."

TURKMENISTAN: State officials' dual role as clergy to suppress freedom of religion or belief

Some state officials in Turkmenistan's Gengesh (Council) for Religious Affairs, which restricts freedom of religion or belief for all, have a dual role as clergy within religious communities. This was most recently demonstrated in late September 2009, Forum 18 News Service notes. Most if not all the senior Muslim clergy given new appointments then were also officials in the Gengesh. The new Chief Mufti, Gurban Haitliev, has a staff position at the central Gengesh, and was previously head of the Lebap regional Gengesh as well as the region's Chief Imam. Four of the officials appointed to head regional branches of the Gengesh were also appointed as new regional Chief Imams, officials have told Forum 18. In their dual role as Gengesh officials and religious community leaders they work with other state agencies such as the MSS secret police. Meanwhile, residents of the capital Ashgabat have told Forum 18 that the University's [Islamic] Theology Department building has been demolished without warning. Gengesh Deputy Chair Nurmukhamed Gurbanov told Forum 18 that "there are no problems in Turkmenistan."

KAZAKHSTAN: Restrictive laws recycled

Kazakhstan's proposed new Administrative Code – which continues existing punishments for exercising freedom of religion or belief – has reached the country's Parliament today (8 October), Forum 18 News Service has found. Also, the new National Human Rights Action Plan has revealed the authorities' intent to introduce in 2011 a Law "on the introduction of amendments and additions to legislation on the guarantee of freedom of thought, conscience and religion". This is a similar title to a highly restrictive 2008-9 draft Law condemned by many Kazakh and international human rights defenders, and an OSCE Legal Opinion. Ninel Fokina of the Almaty Helsinki Committee told Forum 18 that "I believe they will draw on the previous text – this text is not dead, it's just sleeping at the moment." Vera Tkachenko of the Legal Policy Research Centre told Forum 18 that it was important for civil society to monitor the Government's legislative plans and engage in constructive dialogue.

KAZAKHSTAN: Why do the authorities want to close a rehabilitation centre?

Kazakhstan has ordered that a rehabilitation centre for people suffering from drug and alcohol addiction be permanently closed, and has fined its Protestant Christian founder, Sergei Mironov, Forum 18 News Service has learned. The Centre, whose residents attended it voluntarily and could leave when they wished, was raided by 25 officials carrying sub-machine guns from the ordinary police, KNB secret police, and the Sanitary-Epidemiological Service. During the raid one resident was found by police handcuffed in a cellar, and both administrative and criminal charges were brought. Mironov, as well as then current and visiting former residents during the raid, strongly dispute that the resident was handcuffed and placed in the cellar by the Centre. They state that "literally minutes before the police came to our building" the man had breakfast with residents. Despite the seriousness of the criminal charge - "deprivation of liberty" - brought against Mironov, an official of the Regional Prosecutor's Office played down the seriousness of the case. "Mironov may be just fined, and go free," he told Forum 18.

RUSSIA: "You have the law, we have orders"

Two Baptist preachers in Russia's Baltic Sea exclave of Kaliningrad have been fined after their community "sang psalms and spoke about Christ" in the street, they have told Forum 18 News Service. Speaking on condition of anonymity, a source in the Kaliningrad police told Forum 18 that all public gatherings – whether political or religious – must be authorised by the municipal authorities in advance. "But they didn't have permission and they had no intention of getting it!" he remarked, clearly irritated by the Baptists' actions. Asked why permission is necessary, the source replied, "That's the law in Russia!" Aleksandr Legotin, one of the two Baptists, insisted that, as the Baptists held a religious service and not a demonstration, the legal requirement to notify the authorities in advance should not have applied. "We follow the law very carefully," he told Forum 18. "And under the Universal Declaration [of Human Rights] we have the right to freedom of conscience – the law should be doing the opposite, protecting us from such arbitrariness."

AZERBAIJAN: Police chief deports local-born Baptist – with no documentation

Local Baptist Javid Shingarov (who holds a Russian passport) was cut off from his wife, father and children in his native village near Yalama in northern Azerbaijan when he was yesterday (30 September) deported to Russia. Yalama's police chief Gazanfar Huseinov – who punished him under the Administrative Code with a fine and deportation order for holding religious worship in his home – refused to tell Forum 18 News Service why he had refused to give his verdict in writing and why the Migration Service was apparently not involved. An official of the Human Rights Ombudsperson's office told Forum 18 that failure to give a verdict in writing is a violation of the law and that the Law on Migration puts responsibility for deportation decisions on the State Migration Service, not the police. The Christian books confiscated from Shingarov and others during raids on 9 September have not been returned, while a Baptist whose home was among those raided was pressured to resign from his job as a school director.