KAZAKHSTAN: State and former user fight over Hare Krishna farm
A court in Kazakhstan has decided to hand a confiscated Hare Krishna farm to the person who sold the rights to use the land in 1999, Forum 18 News Service has learnt. The Hare Krishna community, whose lawyer was not allowed to participate in the hearing, describes it as "very strange that the government took back the land and then gave it to another individual. In Kazakhstan this is incredible." They think that their commune will "definitely" be expelled from the farm and that the authorities will claim that "any expulsion is a private matter between the owner and us." Yet a conflict has emerged since the court decision between the state and the new "owner." Yerali Tugzhanov, Kazakhstan's senior religious affairs official, angrily rejected the court ruling. "The land still belongs to the authorities. Why should any private individual have any claim to it?" he told Forum 18, claiming that the land had "long been in the hands of a children's home." Amongst other religious minorities facing Kazakh official hostility are Presbyterians, Baptists, Jehovah's Witnesses and Ahmadi Muslims.
Varfolomeyev insists that religious factors are behind the long-running campaign to crush the commune. "The conflict is based upon the apparent and proven intolerance of a minority religious group," he told Forum 18.
Amongst other religious minorities facing Kazakh authorities' hostility are Presbyterians targeted by the KNB secret police (see eg. F18News 28 September 2007 http://www.forum18.org/Archive.php?article_id=1026), Baptists facing home confiscations for "illegal" worship (see eg. F18News 23 July 2007 http://www.forum18.org/Archive.php?article_id=999) and Jehovah's Witnesses fined for worshipping without state registration (see eg. F18News 7 June 2007 http://www.forum18.org/Archive.php?article_id=972).
A new Religion Law is planned to even more severely restrict religious freedom (see F18News 21 February 2007 http://www.forum18.org/Archive.php?article_id=916). Presidential and Justice Ministry documents encourage intolerance of religious minorities including Ahmadi Muslims (see F18News 3 April 2007 http://www.forum18.org/Archive.php?article_id=939).
Ermek Abdykalykov, who sold the rights to use the 47.7 hectare (118 acre) farm in 1999, lodged a suit to have the sale annulled, eight years on. The Hare Krishna community claims the deadline for him to challenge the original sale had run out 22 months earlier. Yet his suit was upheld at the 23 October hearing in the Supervisory Division of Almaty Regional Court, overturning a 2006 court ruling that the land should be taken from the Hare Krishna community and handed to the local authority. The Hare Krishna community expressed astonishment that the three judges accepted Abdykalykov's claim based only on his oral presentation and with no documentation.
Abdykalykov in 1999 sold the rights to use the farm land (before the law allowed privatisation) to three individuals, who later sold it on to one individual (not a Hare Krishna devotee) who was prepared to hold legal title on behalf of the community. The land was privatised in 2004. The following year the community bought it from the owner in the name of the community, but the authorities repeatedly refused to register the community's formal ownership of the land.
Varfolomeyev said the latest court ruling was unprecedented. "It is very strange that the government took back the land and then gave it to another individual. In Kazakhstan this is incredible." He says that Abdykalykov will "definitely" expel the commune from the farm.
Yet Yerali Tugzhanov, Kazakhstan's senior religious affairs official, angrily rejected the 23 October court ruling. "The land still belongs to the authorities. Why should any private individual have any claim to it?" he told Forum 18 from Astana on 1 November. "I don't know what right this individual has, but that's his problem." He insisted that the General Prosecutor's Office "and other agencies" are already looking into the legality of the court decision.
But Tugzhanov, who has been deeply involved in the long-running state attempts to close down the commune, had little comfort for the Hare Krishna devotees. "The land doesn't belong to the Hare Krishna community either – it's long been in the hands of a children's home," he insisted. He declined to answer any other questions, declaring that he does not "get involved in legal questions" and put down the phone.
No official has previously told Forum 18 that the land has been handed to a children's home. Forum 18 was unable to reach any officials at the Karasai District Akimat (administration) on 1 November to find out if this is true. The woman who answered the phone of Gulnara Sultanova, the head of the Akimat's Internal Policy Department, told Forum 18 that she was out. No other official was available to discuss the case.
Varfolomeyev of the Hare Krishna community regards the claims that the land has been given to a children's home as a "trick". "It's obvious that people will still be following what happens to the land," he told Forum 18. "The officials want to show they're not bad people, so they will say they confiscated the land from the Hare Krishna community to hand to a children's home."
On 28 October, Forum 18 visited the Sri Vrindavan Dham commune - located in the village of Seleksia in Zhetisu rural area of Karasai district and named after the "beautiful forest of Vrindavan" in India where Krishna spent his youth. The commune's temple is located in the two-storey former farmhouse.
Some 40 devotees live crammed into buildings on the farm since 26 Hare Krishna-owned homes on separate plots near the farm were demolished by the authorities in November 2006 and June 2007. No compensation was ever offered for the seized farm or for the 26 bulldozed homes. Similar homes owned by non-Hare Krishna devotees on the same basis have not been touched. In September, Migration Police accompanied by the police and Akimat officials raided the commune (see F18News 28 September 2007 http://www.forum18.org/Archive.php?article_id=1026).
The commune has decided not to plant any new crops on the farm because of the uncertainty, but it retains its herd of some 30 cows, an animal considered sacred by Hindus.Hare Krishna devotees told Forum 18 that Abdykalykov, the new "owner", had telephoned commune members several times and harassed them. He told the devotees the most he could do is to pay for the buildings on the farm.Forum 18 tried repeatedly to reach Abdykalykov on 1 and 2 November, but his mobile phone was switched off.
Azamat Aitzhan, an Almaty-based lawyer who represented the member of the Hare Krishna community in whose name the farm was owned, told Forum 18 on 1 November that he was present at the 23 October hearing, but was not allowed to participate. "In accordance with the Civil Procedure Code I should have been allowed to participate, but the judge refused to allow this. I'm going to lodge a complaint about that."
Aitzhan admitted that the hearing was "strange". "It was fairly one-sided in court – I was the only one there on behalf of the Hare Krishna devotees." He said the representative of the Almaty Regional Prosecutor's Office had urged that the land continue to be held by the regional administration, but that the court had rejected this.
The Organisation for Security and Co-operation in Europe (OSCE) has found that court proceedings in Kazakhstan do not offer the guaranteed right to a fair trial. In a February 2007 report on trial monitoring, the OSCE found that Kazakh court proceedings needed to offer "the right of the public to attend court, equality between the parties and the presumption of innocence" (see http://www.osce.org/item/23396.html).
Hare Krishna community lawyer Aitzkhan declined to speculate on who the farm should ultimately belong to. "The law covering land ownership is contradictory, and anyone who wants to can find a pretext for questioning any transaction," he told Forum 18. "No land-owner in Kazakhstan has a guarantee that tomorrow their land might not be taken away from them. But I can't say that either the 2006 court decision to take the land away from the Hare Krishna devotees and hand it to the local authority, or the latest decision to hand it to the original user is legal. We consider neither decision to be legal."
Aitzhan said that the decision to transfer the land to the original user came into force immediately it was announced, though the court has up to one month to issue the decision in writing. He said he would lodge an appeal on behalf of the member of the Hare Krishna community as soon as he has been able to study the written decision. He said he did not know if the prosecutor's office will also appeal against the decision.
The lawyer added that now the land has officially been transferred to the original user Abdykalykov, he could now remove the Hare Krishna devotees from what is now officially his land.
Varfolomeyev and fellow devotees were in Astana, the capital, on 1 November to meet officials. They believe the order in late October by the Prime Minister Karim Masimov to remove from office a number of akims (administration chiefs), including Karasai District Akim Bolat-bi Kutpanov over alleged corruption, makes the time right for officials in the capital to review all decisions over the commune.
"Now the Prime Minister himself is confirming the fact of the corrupted actions of the ex-Akim," Varfolomeyev told Forum 18. "It would be nice if the government would not stop at verification of this fact, but would take concrete steps to eliminate the consequences of the ex-Karasai Akim's malpractice in regard to the Krishna community." (END)
For a personal commentary on how attacking religious freedom damages national security in Kazakhstan, see F18News http://www.forum18.org/Archive.php?article_id=564
For more background, see Forum 18's Kazakhstan religious freedom survey at http://www.forum18.org/Archive.php?article_id=701
More reports of the religious freedom situation in Kazakhstan can be found at http://www.forum18.org/Archive.php?query=&religion=all&country=29&results=50.
A survey of the religious freedom decline in the eastern part of the Organisation for Security and Co-operation in Europe (OSCE) area is at http://www.forum18.org/Archive.php?article_id=806 and a survey of religious intolerance in Central Asia is at http://www.forum18.org/Archive.php?article_id=815.
A printer-friendly map of Kazakhstan is available at http://www.nationalgeographic.com/xpeditions/atlas/index.html?Parent=asia&Rootmap=kazakh
28 September 2007
Members of the Grace Presbyterian Church in the north-eastern town of Karaganda – who have already faced the police, the KNB secret police, the Prosecutor's Office and the Sanitary-Epidemiological Service – now face intrusive questioning from the Tax Police. Among the questions are why they go to the church and not to the mosque. Members of the Hare Krishna commune near Almaty in the south equally face relentless pressure from a succession of different government agencies in a bid to crush their activity. Migration Police raided the commune on 20 September checking the documents of all those present at an important religious festival. "This is the KNB secret police's persecution by proxy," one observer familiar with both cases, who preferred not to be identified, told Forum 18 News Service. But Amanbek Mukhashev of the government's Religious Affairs Committee claimed to an OSCE conference in Warsaw on 26 September that "freedom of belief and freedom to express religious beliefs have become one of the leitmotivs in the work of Kazakhstan's state and local organs of power".
12 September 2007
Four members of the Grace Presbyterian Church – including its leader Igor Kim - are being investigated on treason charges which the National Security Committee (KNB) secret police have refused to explain to Forum 18 News Service. KNB officers in Karaganda told Forum 18 that the cases are being handled from the capital Astana, but no-one at the national KNB would talk to Forum 18. Church members are still being summoned for questioning. Pastor Vyacheslav Vorobyov of the church in Karaganda told Forum 18 that 12 church members began a hunger strike on 7 September to protest against the raids and investigations. He said the tax authorities are checking up on many of their 250 congregations across Kazakhstan, while computers and documents confiscated in 24 August raids have not been returned. Amanbek Mukhashev of the Justice Ministry's Religious Affairs Committee refused to answer Forum 18's questions by telephone. Kazakhstan's Human Rights Ombudsperson Bolat Baikadamov told Forum 18 that he has asked the KNB about the case.
28 August 2007
Two places of worship of the Grace Presbyterian Church – in the towns of Karaganda and Oskemen – were among church-owned premises raided by the National Security Committee (KNB) secret police on 24 August, church sources told Forum 18. KNB officers came from the capital Astana to raid the large Karaganda church. Over 15 hours they searched the entire premises, prevented anyone from leaving and forced those present to write statements. Computers and documents were taken away. KNB officers in Karaganda and in Astana refused to tell Forum 18 why the churches were raided. Aleksandr Klyushev of the Association of Religious Communities of Kazakhstan told Forum 18 that the head of the church, Archbishop Igor Kim, his sister and the administrator are being investigated for treason. But Klyushev believes the KNB's target is a businessman who paid for facilities the church used for seminars. "I know the pastor – he's a patriot and he wouldn't do anything like this." However, Ninel Fokina of the Almaty Helsinki Committee, believes the raids are a worrying sign of the increasing power of the KNB.