7 October 2013
After nearly five months' imprisonment, a court in Kazakhstan's capital Astana has extended pre-trial detention for 66-year-old Presbyterian Pastor Bakhytzhan Kashkumbayev until 17 November, but changed the terms from prison to house arrest, according to the court decision seen by Forum 18 News Service. He is expected to be freed from prison tomorrow (8 October). Kashkumbayev will be "banned from associating with anyone apart from close relatives living with him, receiving and sending letters, holding conversations with the use of any communications devices," and will be able to leave his home only for medical appointments. Meanwhile, the criminal investigation of atheist Aleksandr Kharlamov – freed in September after nearly six months' detention – continues. He told Forum 18 he is grateful that doctors who conducted a month-long court-ordered psychiatric assessment were "very correct". One doctor told him after reading his file that they knew he was there "not because you're bad but because you are an inconvenient person for the authorities".
4 October 2013
Not only are the authorities deporting from Kazakhstan non-citizens with legal residence to punish them for exercising their right to freedom of religion or belief, they also appear to be using minor infractions non-citizens may have committed to deport them. Protestant Pastor Vyacheslav Li (whose wife and two young children are Kazakh citizens) was deported after committing eight administrative offences in the eight years he lived legally in Kazakhstan. "They used these administrative offences as a pretext to kick the pastor out of the country," human rights defender Yevgeny Zhovtis told Forum 18 News Service. "It is a violation of the principle of proportionality and a misuse of justice." The deputy district police chief denied to Forum 18 that Pastor Li had been singled out because of his religious affiliation. "We'd have done the same had it been a businessperson or whoever." Similarly, attempts were made to deport Russian Orthodox priest Fr Sofrony for alleged violations, but a court appears to have overturned the deportation order.
2 October 2013
Members of the Tatar-Bashkir Din-Muhammad Community in Petropavl in North Kazakhstan Region continue to gather for prayers in their 19th century mosque despite a 12 September court decision rejecting their appeal against compulsory liquidation. The court ordered officials to complete the liquidation quickly. Attendance at prayers has dropped from hundreds to tens because "people are afraid of the authorities", community members told Forum 18 News Service. The imam and members of another independent mosque denied re-registration after intense state pressure – who asked not to be identified – told Forum 18 that when they met to discuss applying for new registration, officials "came out of nowhere" and threatened them with punishment. Baltabay Metezhanov, who oversees work with mosques at the government's Agency of Religious Affairs, refused to explain to Forum 18 what law bans independent mosques.
30 September 2013
Baptist pastor Viktor Lim was ordered deported from Kazakhstan for leading a registered religious community and left in mid-August. Lim, a stateless person, had lived in the country for 20 years and his wife and children are Kazakh citizens. The authorities classed his action as "illegal missionary activity" for which punishment is a fine and, for non-citizens, deportation. "The appeal hearing lasted just 10 minutes – it was a pure formality," Pastor Lim complained to Forum 18 News Service. Zhumagul Alimbekov, head of the Religious Affairs Department of Almaty Region, which lodged the suit against Pastor Lim, refused absolutely to discuss his deportation or the moves to deport Russian Orthodox priest Fr Sofrony. "I can't comment on court decisions," he told Forum 18. Asked why foreign citizens or people who have no citizenship cannot exercise their internationally-recognised right to freedom of religion or belief while legally resident in the country he put the phone down.
4 September 2013
KAZAKHSTAN: Atheist freed, but criminal case continues; Pastor transferred from psychiatric hospital
Freed from prison today (4 September) in Oskemen in East Kazakhstan Region was 63-year-old atheist and anti-corruption campaigner Aleksandr Kharlamov, after nearly six months' pre-trial detention. However, the case continues against him on charges of "inciting religious hatred" for articles he had written criticising religion. Police investigator Alikhat Turakpayev "told me his writings were being sent for a further 'expert analysis', this time to Astana," Kharlamov's partner Marina Kaplunskaya told Forum 18 News Service. Meanwhile, imprisoned 66-year-old Presbyterian pastor Bakhytzhan Kashkumbayev was on 2 September discharged from psychiatric hospital in Almaty after one month's forcible detention. "I observed him for a whole month, and he is alive and well," the chief doctor insisted to Forum 18. However, she said she did not know if he had been transferred back to Almaty's Investigation Prison. Investigator Vyacheslav Glazkov refused to discuss the criminal case against him, or a separate criminal investigation against Astana's Grace Church which the pastor leads.
3 September 2013
In what appears to be a new development under Kazakhstan's harsh controls on religious activity, Jehovah's Witness Zarina Burova was fined in June for illegal "missionary activity" after inviting friends by text message to attend a religious meeting. In a July case, four Jehovah's Witnesses were similarly fined after two or three attendees at a meeting raided by police were guests, according to the court verdicts seen by Forum 18 News Service. The five were among 13 Jehovah's Witnesses fined for illegal "missionary activity" between May and July under Administrative Code Article 375, Part 3. Judge Kuralai Tobelbasova dismissed complaints by one of those she fined that his rights had been violated, arguing that the requirement to have personal state registration as a missionary before sharing his faith "cannot be evaluated as an infringement of religious freedom". On 29 August Jehovah's Witnesses filed a further nine complaints to the United Nations (UN) Human Rights Committee in Geneva on behalf of 15 individuals punished for "missionary activity".
22 August 2013
Kazakhstan continues to very frequently punish the exercise of freedom of religion or belief without state permission, Forum 18 News Service notes. Also, atheist writer and anti-corruption campaigner Aleksandr Kharlamov and Presbyterian pastor Bakhytzhan Kashkumbayev are both still in detention. In one of many recent cases, Baptist Vyacheslav Flocha was fined the equivalent of one month's average salary for participating in a meeting for worship without state permission. Judge Nurlan Kurmangaliyev, who upheld the fine, was asked by Forum 18 why he did not take account of the fact that the fine and laws behind it break the Constitution and international human rights standards. He replied that "this is not my duty". In another case, Tatyana Degterenko was fined one month's average salary because her 9-year old son David gave two Christian CDs to his teachers. His mother and father were upset when, at school headteacher Tatyana Lovyagina's invitation, police interrogated David in their absence. Asked why she called police, Lovyagina told Forum 18 that the local administration instructed headteachers to report any religious activity. Asked whether this does not sound like returning to the Soviet-era, she exclaimed "Yes!"
26 July 2013
Imprisoned atheist writer and anti-corruption campaigner Aleksandr Kharlamov and Presbyterian pastor Bakhytzhan Kashkumbayev are both still being detained by Kazakhstan, Forum 18 News Service has found. Kharlamov has been in detention since his 14 March arrest for "inciting religious hatred". Kuat Rakhimberdin of the Kazakhstan International Bureau for Human Rights and the Rule of Law told Forum 18 that "If there were any Judge in Ridder with a minimum degree of honesty and independence, the indictment would be rejected as absurd and unfounded, and Kharlamov be acquitted." Kashkumbayev was arrested on criminal charges of "harming health" on 17 May. He is still detained although the only person whose heath the state claims was harmed told Forum 18 that Kashkumbayev is "totally innocent and has not harmed my health at all". She herself was subjected to forcible psychiatric treatment by the state. Asked whether the use of psychiatry in the cases of Kharlamov and Kashkumbayev may be a return to Soviet-era misuse of psychiatry, a Prosecutor claimed to Forum 18 that the Criminal Procedure Code "necessitates such assessment in order to determine whether the suspects can be answerable for serious crimes".
25 June 2013
Extradited back to his native Uzbekistan from Kazakhstan in March, against the express wishes of the United Nations Committee Against Torture, 38-year-old Muslim Khayrullo Tursunov was sentenced in early June to a long prison term - thought to be 12 years - for alleged "extremist" religious activity. Relatives outside Uzbekistan complained to Forum 18 News Service that the case had been "fabricated" to punish him for exercising his freedom of religion or belief. In a separate case, Dilbar Turabayeva and other parents of 13 young Muslim men from Namangan in eastern Uzbekistan given long prison terms in 2010 for learning how to read the Koran and to pray the namaz in a private home have lamented their failure to have their sons freed or the case re-examined. They note that the Investigator – who they claim threatened witnesses and dictated statements - and the Judge have both been removed on corruption charges. "The fact that Turabayeva wrote complaints does not mean that she will receive a positive response," Senator Svetlana Artikova – one of the many recipients of their complaints - told Forum 18.
12 June 2013
The criminal trial of 62-year-old atheist writer Aleksandr Kharlamov on charges of "inciting religious hatred" – which he rejects - is set to begin in Ridder this month. He has been held for three months in prison and psychiatric detention, mostly in cellars, and has lost 20 kilograms in weight, his partner Marina Kaplunskaya told Forum 18 News Service. Asked who had suffered because of what Kharlamov had written on religion, Ridder's Prosecutor Vitaly Shaber told Forum 18: "This Criminal Code Article does not need victims – if there had been any, a completely different Article would have been used." Astana Prosecutor's Office told Forum 18 a criminal case on the same charges was launched in March in connection with the activity of the city's Grace Protestant Church. The church's 66-year-old pastor Bakhytzhan Kashkumbayev is already in prison facing separate criminal charges of harming health, which he rejects. The alleged victim says her health has not been harmed.
10 June 2013
Yevgeni Zhovtis of the Kazakhstan International Bureau for Human Rights and the Rule of Law describes the ban on leaving Kazakhstan for Baptists who refuse to pay fines imposed for exercising their freedom of religion or belief as "double punishment". But a senior Justice Ministry official claimed to Forum 18 News Service that "it isn't double punishment - it's a limitation on their actions until they pay their fines". Ever more individuals of a variety of faiths are being fined for meeting for worship without state permission, or for sharing their faith with others. Council of Churches Baptists, Jehovah's Witnesses and members of the Muslim Tabligh Jamaat missionary movement are particular targets. Zhovtis is also concerned that the travel ban "isn't governed by any law". "Officials .. simply take the decision and individuals don't have the proper opportunity to challenge this in court," Zhovtis told Forum 18. Several Baptists banned from travelling told Forum 18 they were not told of the court hearings where the travel bans were confirmed.
20 May 2013
KAZAKHSTAN: Pentecostal jailed for 2 months pre-trial, Baptist gets 3-days jail, atheist still in psychiatric hospital
A Protestant pastor in Kazakhstan's capital Astana, Bakhytzhan Kashkumbayev, was arrested on criminal charges of harming health on 17 May, Forum 18 News Service has learned. On 19 May he was ordered to be held for two months' pre-trial detention on unclear charges, apparently including praying and singing. And Baptist leader Aleksei Asetov was jailed for three days in early May, for refusing to pay a fine equivalent to a year and a half's average local wages. The fine was imposed for meeting for worship without state permission. He told Forum 18 he will not pay the fine, as he should not be punished for meeting for worship with his friends. Imprisoned atheist writer Aleksandr Kharlamov remains under investigation in a psychiatric hospital in the commercial capital Almaty. Yevgeni Zhovtis of the Kazakhstan International Bureau for Human Rights and the Rule of Law stated that "the case is even more urgent as the man is not only in pre-trial detention, but now undergoing forcible psychiatric examination".