KAZAKHSTAN: Religious freedom fines multiply – criminal penalties to come?

If adopted in its current form, Kazakhstan's proposed new Criminal Code would allow those who lead unregistered religious communities to be imprisoned for up to three months, and those who share their faith for up to four months. The draft text – seen by Forum 18 News Service – is expected to be approved by the government in May and presented to parliament in July, Ruslan Toktagulov of the General Prosecutor's Office, who is coordinating preparation of the draft, told Forum 18 from Astana. A new Code of Administrative Offences is expected to reach parliament in the autumn, but no draft has been published. Eighteen individuals are known to Forum 18 to have been found guilty under the Code of Administrative Offences in 2013 for exercising their right to freedom of religion or belief. Ten were fined two months' average wages, seven were fined one month's average wage and the other was warned.

14 March 2013

KAZAKHSTAN: Court-ordered religious book burning a first?

In what may be the first such instance in Kazakhstan, a court has ordered religious literature to be destroyed. A total of 121 books confiscated from a Baptist, Vyacheslav Cherkasov, were ordered destroyed in the northern Akmola Region, according to the verdict seen by Forum 18 News Service. The books comprise Bibles, Children's Bibles, and other books and leaflets on the Christian faith, mainly in the Kazakh language. Cherkasov was also fined one month's average wage. If he loses his appeal, court executors will carry out the destruction. A Justice Ministry official in the capital Astana told Forum 18 that "most likely the books would be burnt". A state Agency of Religious Affairs (ARA) official told Forum 18 that "I'm not interested in whether court executors are bothered by having to destroy religious literature". Local Council of Churches Baptists told Forum 18 that "we were shocked - this is sacrilege and illegality". Human rights defender Yevgeni Zhovtis of the Kazakhstan International Bureau for Human Rights and the Rule of Law sounded distressed, telling Forum 18 that "this is terrible, terrible". Religious literature is frequently confiscated, and the state appears committed to using censorship and other freedom of religion or belief violations as a means to control society.

11 March 2013

KYRGYZSTAN: Extradition overturned, but new charges and transfer to prison close to Uzbekistan

The appeal in Kyrgyzstan by Uzbek former imam Khabibullo Sulaimanov against his extradition back to Uzbekistan has been upheld, Forum 18 News Service notes. The successful appeal followed his being recognised as a refugee by the Bishkek office of the United Nations High Commissioner for Refugees (UNHCR) – but he was immediately afterwards detained again and sent by the NSC secret police to a prison in Osh, very close to the border with Uzbekistan. "We had to tell the lawyer – no one had told him of the transfer," Sulaimanov's wife Albina Karankina told Forum 18. She complained that no one would tell the family why he was transferred to Osh, where he is being held and what the new accusations against him are. His lawyer Toktogul Abdyev understands that the new charges relate to an alleged illegal border crossing in 2012, but the UNHCR is "waiting for an official confirmation concerning his transfer and charges brought against him". The NSC secret police would not tell Forum 18 what new charges Sulaimanov faces. But officials confirmed that he is in the Osh Region NSC Investigation Prison.

5 March 2013

RUSSIA: What's the matter with Said Nursi?

The reasons for Russia's ongoing nationwide campaign against readers of Islamic theologian Said Nursi have remained obscure, Forum 18 News Service notes. The state has offered weak or no explanations for banning as "extremist" 39 Nursi works and an alleged associate organisation, "Nurdzhular", which Nursi readers deny exists. Much of the state's argumentation is incoherent, with quite different reasons offered for banning Nursi writings and "Nurdzhular" in different contexts. Court materials seen by Forum 18 contain no evidence that either Nursi's writings or Muslims who read them advocate violence, despite claims to the contrary by officials. However, since the anti-Nursi campaign became apparent in 2005, clear patterns are emerging in the types of "evidence" offered. Considered together, these suggest that the campaign's primary cause is state opposition to "foreign" Turkish and American spiritual and cultural influence. Officials and others who support the bans have pointed to this in their public statements. But as this is not a criminal offence, weak allegations of "extremism" are instead offered in a legal context.

4 March 2013

TURKEY: The new Constitution and the headscarf – a selective freedom?

There has been much discussion in Turkey of under the new Constitution making it possible for female public servants to wear headscarves, Forum 18 News Service notes. But there has not been much discussion of the wider issues this move raises. These wider issues include other restrictions based on freedom of religion or belief imposed on those within the public service, and the impact of the change on possible interferences by public servants in the rights of others - for example parents and school pupils. Similarly, there has been little discussion of the right of all people to manifest their religion or belief in different ways, rather than the right of some people to manifest one religion or belief by wearing one symbol. Relatively little attention has also been paid to the contradiction of men wanting women to be able to wear the headscarf, and the same men also not taking steps to further women's participation in society and the public service. It is of the utmost importance to ensure that steps taken to advance freedoms in Turkey are not selective, picking and choosing which parts of freedoms are to be advanced and ignoring other aspects of human rights. Protecting freedom of religion or belief and related freedoms must embrace the protection of everyone's freedoms.

1 March 2013

KAZAKHSTAN: "If they continue to pray, they'll be brought to legal responsibility"

The historic 19th century Din-Muhammad Mosque in Petropavl in North Kazakhstan has failed in its challenge to the state's court-ordered liquidation, while another mosque in the north-western city of Aktobe has been told it has nine months to gain re-registration to avoid liquidation. "We don't intend to close," a member of Aktobe's Nurdaulet Mosque insisted to Forum 18 News Service. "We have the right to gain registration as an independent religious organisation in accordance with the law." A state Agency of Religious Affairs (ARA) official claimed to Forum 18 that "praying isn't banned – we live in a democratic state". But he went on to threaten that, "if the liquidation decision [against the Din-Muhammad Mosque] comes into legal force and if they continue to pray, they'll be brought to legal responsibility". A community member told Forum 18 that "the authorities insist we have sermons only in Kazakh. But we hold sermons in the language of the people who attend the Mosque so that they can understand what is said". Also, a small seminary attached to an Almaty Baptist church has been liquidated.

28 February 2013

RUSSIA: Contradictions in "extremism" case against imams

Forum 18 News Service has found numerous inconsistencies in the Russian state prosecution's case against Ilhom Merazhov and Komil Odilov, the two imams facing criminal "extremism" charges in Novosibirsk. "The case should be examined in a legal, not political, manner - but many concepts being used aren't legal terms," Ilhom Merazhov, one of the imams, told Forum 18. "We're accused of 'gradual transformation of the personality', forming 'behavioural stereotypes' and 'new life values'. This doesn't make [legal] sense!" Aleksandr Tokarev, an officer in the police Counterextremism Department closely involved in the case, has refused to address the charges' many contradictions when contacted by Forum 18. For example, the charges include the claim that the two imams encouraged participation in "Nurdzhular", an alleged organisation with the claimed aim "to change the form of state government and introduce Muslim religious government on the basis of sharia". But some of the prosecution's evidence strengthens the imams' counterclaims that they reject violence. There are also numerous flaws in an "expert analysis" commissioned by the prosecution.

27 February 2013

RUSSIA: "Extremism" trial of imams resumes

The trial of two imams serving with a major Russian Muslim organisation resumed today (27 February) in Novosibirsk. One of the imams, Komil Odilov, was questioned for the whole four-hour hearing, the other imam, Ilhom Merazhov, told Forum 18 News Service afterwards. Merazhov complained he was not permitted to ask questions about the substance of the case, such as the meaning of allegations that the imams had sought "Islamisation of the region" and formed a "conspiratorial medressah". "We acted within the boundaries of our religion and did not violate Russian laws," Merazhov insisted to Forum 18. "How can they say 'conspiratorial medressah'? It's Odilov's flat, he's the owner, he talks about God in his own flat and it's a crime! This is simply repression." Police officer Aleksandr Tokarev, who has been closely involved with the case, did not provide any specific examples when asked by Forum 18 what was concretely "extremist" about Merazhov and Odilov's activity. Tokarev referred Forum 18 to the charges against the pair: "It's all laid out there!" He declined to answer any further questions.

26 February 2013

KYRGYZSTAN: Will international law protect Uzbek imam from extradition?

The wife of Uzbek former imam Khabibullo Sulaimanov has spoken of her concern for her husband, detained since October 2012 by Kyrgyzstan's NSC secret police. "I'm very worried that they could extradite him back to Uzbekistan," Albina Karankina told Forum 18 News Service. "We want him freed. It is very hard for the children to live without their father." She observed that "they [Kyrgyz authorities] keep delaying the case" in court. Sulaimanov's next appeal hearing against his deportation is due at Bishkek City Court on 1 March. Karankina has been denied access to her husband in detention, and called for the "fight for justice" for him to continue. "We're grateful to all who have shown concern for us," she told Forum 18. Sulaimanov's only "crime" in Uzbekistan was to lead religious communities. The Bishkek office of the United Nations High Commissioner for Refugees (UNHCR) told Forum 18 that Sulaimanov is protected under international human rights law against refoulement, or being sent back to his home country.

25 February 2013

TURKMENISTAN: Government changes Islamic leadership again

Turkmenistan's government has changed the entire leadership of the country's officially permitted Muslim administration, Forum 18 News Service notes. Turkmenistan has not announced whether the new Chief Mufti and regional imams also have the usual second role as officials of the Gengesh (Council) for Religious Affairs, whose task is to restrict freedom of religion and belief. However, a regional Gengesh official confirmed to Forum 18 that this was happening in their region. The latest appointments came as the head of the Russian Orthodox Church, Patriarch Kirill of Moscow, complained of the difficulties of recovering Soviet-confiscated Orthodox churches. The Armenian Apostolic Church is hoping promises of being allowed to resume its activity among Turkmenistan's ethnic Armenian minority will eventually be fulfilled. And Turkmen students studying in Ukraine have been pressured not to attend non-Muslim religious communities. "The idea that we had instructions from our Foreign Ministry is stupidity," an official of Turkmenistan's Embassy in Ukraine told Forum 18.

21 February 2013

KAZAKHSTAN: Bookshop censorship, ban on all non-Hanafi Sunni Muslim literature

Kazakhstan continues to ban all non-Hanafi Sunni Muslim literature. State-backed Muslim Board spokesperson Ongar Omirbek told Forum 18 News Service that "only Islamic literature from the Sunni Hanafi school can be distributed, as all other Muslim schools - including Ahmadis - are banned". Shia Muslims across Kazakhstan, who asked not to be named for fear of state reprisals, told Forum 18 that Shia literature cannot be found on sale. Local authorities and "law enforcement" agencies have been enforcing censorship – including severe limitations on the numbers of bookshops allowed to sell any kind of religious material – across Kazakhstan with raids and fines. Even some shops with permission to sell religious books such as Korans and Bibles have told Forum 18 that they do not want to do so, to avoid trouble from the authorities. Yerlan Kalmakov of Kostanai Regional Internal Policy Department, asked why people must ask for permission from the authorities, replied: "Imagine what could happen if we allow just anybody to distribute religious materials". He added that "unregistered religious organisations, which are illegal in Kazakhstan will use this and attract people to their ranks. They will thus continue their illegal existence".

19 February 2013

RUSSIA: Criminal charges to follow armed Tatarstan raids?

Armed and masked Russian law enforcement agents raided 23 homes of readers of Islamic theologian Said Nursi in Tatarstan, in the early hours of 14 February, Forum 18 News Service has learned. "They took everything," one of those searched, Laura Khapinova, told Forum 18. "Anything where they saw the word 'Islam'." Two of those raided are under arrest on criminal charges of "extremism". Ilnur Khafizov is in police detention and Nakiya Sharifullina under house arrest, Khapinova told Forum 18. A uniformed investigator showed Khapinova and her flatmate a search warrant "for banned literature, drugs and weapons". One question put by interrogators was "Do you read or distribute extremist literature?", she told Forum 18. "They don't like the fact that guests come to our home to pray and read the Koran and other literature," Khapinova remarked. Tatarstan's Interior Ministry was unable to tell Forum 18 what was concretely "extremist" about the activity of those searched.