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The right to believe, to worship and witness
The right to change one’s belief or religion
The right to join together and express one’s belief

KAZAKHSTAN: Government "did the right thing" in allowing wanted Uzbek pastor to leave

Uzbek Protestant pastor Makset Djabbarbergenov was released from prison in Kazakhstan's commercial capital Almaty yesterday (4 December), reunited with his wife and four children and taken to the airport. They boarded a flight for Germany in the early hours of today (5 December), arriving safely in Europe, his friends told Forum 18 News Service. Facilitating the release and asylum in Europe was the United Nations High Commissioner for Refugees (UNHCR). Uzbekistan has been seeking to extradite Djabbarbergenov on charges which carry a maximum 15 year prison term to punish him for leading an unregistered Protestant community. His friends in Almaty told Forum 18 "we need to thank the Kazakh government – they did the right thing". Meanwhile, the Kazakh government – condemned by the United Nations Committee Against Torture for sending back to Uzbekistan 29 Muslim asylum seekers who alleged they would face torture – has insisted to the UN that they have checked that none was tortured in prison in Uzbekistan.

BELARUS: Last minute reprieve for charismatic church

The eviction of the New Life Pentecostal Church from its building in the Belarusian capital Minsk – due this morning (5 December) – has been called off. All was quiet as the deadline passed this morning, New Life's administrator Vitaly Antonchikov told Forum 18 News Service. "There will be no eviction," court executor Olga Shcherbovich, assured Forum 18 yesterday afternoon, 4 December. "There was a document, there was action; the document was withdrawn, the action stopped." The Church meets in a former cow barn it bought and renovated, but the authorities have never legalised its use and have been trying to evict the Church for a decade. "This isn't the end, of course – the eviction is cancelled, but legally our land and building still belong to the authorities," Antonchikov told Forum 18.

TURKEY: Expectations of the new Constitution and what this means for freedom of religion or belief

A survey by the Turkish Economic and Social Studies Foundation (TESEV) has found that change in Turkish society is ongoing and there is a certain willingness to see constitutional changes that would protect freedom of religion or belief, Forum 18 News Service notes. Indeed, society seems to be to some degree ahead of the AKP government in its willingness to implement human rights obligations. 74.9 per cent of respondents said that the new Constitution should be compatible with international human rights obligations. But there are inconsistencies in social attitudes which are most apparent in concrete cases, such as attitudes concerning the Diyanet, compulsory Religious Culture and Knowledge of Ethics lessons, and conscientious objection to military service, society does not seem to be ready to accept the implications of human rights treaties. But society's evolving conceptions of Turkish secularism, and the role of the state in relation to freedom of religion or belief, are indications of a willingness to advance democracy and the protection of human rights.

ARMENIA: Two new imprisonments as Strasbourg again fines government

Two young men who refused military service and military-controlled alternative service were imprisoned in November, bringing the current total to 31, all of them Jehovah's Witnesses, Forum 18 News Service has learnt. Anania Grigoryan and Artsrun Khachatryan were sentenced in the summer, but were imprisoned only after their appeals failed. A further 15 already convicted are likely to be imprisoned if their appeals fail. The new imprisonments come as Armenia has been fined for the fourth time by the Strasbourg-based European Court of Human Rights in a conscientious objection-related case. For the first time in such cases, Armenia's European Court Judge, Alvina Gyulumyan, did not dissent from the judgment. A judge in Yerevan today (3 December) postponed the handing down of a sentence in the criminal trial of conscientious objector Vartkes Sahakyan, saying he needed time to study the latest Strasbourg judgment.

UZBEKISTAN: Fined for discussing their faith and praying together

Uzbekistan continues to fine and raid people meeting to discuss their faith and pray together. In Tashkent Region a Protestant was fined 100 times the minimum monthly wage for allegedly illegally distributing religious literature, and books including Bibles and New Testaments were been ordered to be destroyed, Forum 18 News Service has learned. Legal procedures were violated, the official who produced "expert analyses" allegedly managing to within one working day read 1,300 books, 2,100 brochures, 450 leaflets, 50 magazines, watch 200 videos, and listen to 350 audio cassettes. "This beats the Guinness Book of Records", a local Protestant observed to Forum 18. In the central Samarkand Region, three Baptists were given one fine of 50 times the minimum monthly wage and two fines of 10 times the minimum monthly wage for allegedly distributing religious literature. They deny this, telling Forum 18 that "we had some of our neighbours, friends, and relatives with us. About 10 people met to read the Bible and pray together." Legal procedures were also violated in this case.

BELARUS: One week left for charismatic church?

Members of Minsk's New Life Pentecostal Church – who have been campaigning for a decade to hold on to their building - have been ordered to hand over the keys of their church to officials next Wednesday (5 December). The eviction order – seen by Forum 18 News Service - orders the local housing authority to provide "vehicles, manpower and everything necessary to evict the debtor" in case of forced eviction. Court executor Olga Shcherbovich of Minsk's Higher Economic Court, who signed the order, refused to discuss it with Forum 18. "We are treating this very seriously," church member and lawyer Sergei Lukanin told Forum 18. "There will be round-the-clock prayer in our building and special evening prayer meetings to ask the Lord to defend our building and to guide our response to the authorities."

CHINA: Weibo and advancing freedom of religion or belief

Popular Chinese microblog Weibo has been used by people to express religious beliefs and to voice criticisms, for example of some local government actions. Indeed, the government may be using Weibo to monitor the behaviour of local authorities. Freedom of religion or belief has been a popular topic, Forum 18 News Service notes, as seen in discussions about connections between the Constitution and religious freedom. A Peking University scholar wrote: "Without religious freedom, there can't be a real Constitution!" But there seem to be different levels of interest in discussing religious freedom from Weibo users of different beliefs. And criticisms of the state, especially of central political leaders, are limited and indirect. There is no indication that Weibo has been used to mobilise collective action to address specific religious freedom violations. But there is a freedom to express beliefs on Weibo that would have been unthinkable in China not very long ago.

UZBEKISTAN: Jailed for discussing their faith and learning to pray

Nine Muslim men from Uzbekistan's Tashkent Region, who met to discuss their faith and to learn how to pray, have been sentenced after a criminal trial, Forum 18 News Service has learnt. Gayrat Khusanov and Shuhrat Yunusov were each given seven year jail terms on 22 November, and the other seven defendants received three year suspended prison terms. Relatives of the men told Forum 18 that they simply met sometimes to read the Koran and pray together. They also shared meals together and occasionally helped each other repair their homes. "Only Gayrat [Khusanov] and Shuhrat [Yunusov] wished to give a closing statement," Sherzod Khusanov, a brother of Gayrat, told Forum 18. "They told Judge Mirzayev that Allah knows that we are not guilty of any crime, and that the Judge and those who prosecute them will answer before their conscience and Allah one day." Also, court officials have refused to accept an appeal by three relatives against fines imposed on them for a peaceful protest against the trial in front of President Islam Karimov's residence.

KAZAKHSTAN: Muslim Board Islamic monopoly, Catholic exemption

Kazakhstan's Muslim and Catholic communities have been given different treatment to other communities in state decisions on whether they are allowed to exist, Forum 18 News Service has found. All Muslim communities must be part of the state-backed Muslim Board. No independent mosques or Shia Muslim communities have been given state permission to exist. Neither have any Ahmadi Muslim communities, all of whom having been forcibly closed by the state. The Ahmadis have only applied for re-registration for one of their communities, in Almaty. The Muslim Board's spokesperson told Forum 18 that all Islamic communities "must be Hanafi Sunni Muslim". "We don't have other sorts of Muslims here", he added. Asked about Shia mosques or mosques of other schools of Sunni Islam, he replied: "There aren't any." Explaining different treatment for Catholics under an Agreement with the Holy See, a Justice Ministry official stated that international agreements override the Religion Law. But he did not explain why this reasoning does not also apply to the International Covenant on Civil and Political Rights, whose provisions would abolish most of the Religion Law including its provisions on compulsory state registration to exercise human rights.

KAZAKHSTAN: "Complex", "arbitrary", "unnecessary" and "expensive" re-registration process

Many religious communities in Kazakhstan have complained to Forum 18 News Service of what they variously describe as the "complex", "burdensome", "arbitrary", "unnecessary" and "expensive" compulsory re-registration process – which breaks the country's international human rights obligations. Few were prepared to give their names, for fear of state reprisals. One community denied re-registration was the Kostanai congregation of the Russian Orthodox Church Outside Russia (ROCOR) which is not part of the Moscow Patriarchate. "ARA officials told us that as we don't have a place of worship there to meet in we couldn't apply for re-registration," Fr Gennadi Subbotin told Forum 18. Not having a place of worship has not prevented others from gaining re-registration. Agency of Religious Affairs (ARA) spokesperson Svetlana Penkova told Forum 18 that those failing to gain re-registration "can still meet until they have been liquidated through the courts". And in an apparently co-ordinated move, Russian Orthodox (Moscow Patriarchate), Armenian Apostolic, Won Buddhist, Catholic, Baptist and Pentecostal leaders have written to President Nursultan Nazarbaev praising him for ensuring what they claim is "religious tolerance" in Kazakhstan. All their communities have been re-registered.

UZBEKISTAN: "They simply prayed together"

Although Uzbekistan's criminal trial of nine Muslims from Tashkent Region for meeting to read the Koran and pray together appears to have been completed, the verdicts have repeatedly been postponed. "The Prosecutor is asking for seven years' imprisonment for my brother [Gayrat Khusanov] and Shukhrat [Yunusov], and suspended prison terms for the rest," Sherzod Khusanov complained to Forum 18 News Service. Human rights defender Shukhrat Rustamov told Forum 18 that he thinks the "authorities know that the local and international human rights organisations give great attention to the case, and they want to drag it out to bury it." Court officials refused to discuss the case with Forum 18. Three relatives of some of the defendants have been fined for a 9 November protest outside President Islam Karimov's residence against the criminal trial of the nine. A court official told Forum 18 that the three had received "adequate punishment". He did not reply when Forum 18 asked how else the defendants could bring their demands for a fair trial for their relatives to public attention.

AZERBAIJAN: Censorship "to create an environment of freedom of conscience"

For the second time a court in the Azerbaijan's capital Baku has backed State Committee for Work with Religious Organisations' decisions on both what religious literature can and cannot be imported into the country, and also what quantities can be imported. Baku Appeal Court rejected the Jehovah's Witness community's appeal on 1 November, Forum 18 News Service has learned. Jehovah's Witnesses told Forum 18 they will continue their legal challenge. State Committee spokesperson Orhan Ali insisted that the literature in question was "harmful". When Forum 18 pointed out that the State Committees' own "expert analysis" had not found any harmful material, Ali put the phone down. An earlier lower court decision claimed that "in order to create an environment of freedom of conscience, putting limitations upon the import of a sufficient amount of literature is normal for all communities." Azerbaijan is the only Council of Europe member state to impose such compulsory censorship, against its human rights obligations.