KYRGYZSTAN: Who can be a conscientious objector?

Changes before Kyrgyzstan's Parliament continue to restrict conscientious objection to "members of registered religious organisations whose beliefs do not allow the use of weapons or service in the Armed Forces". But they change the recipient of the financial penalty - called "alternative service" and equivalent to between one and two months' average wages - paid by conscientious objectors from the Defence Ministry to "the state body which handles social issues". Human rights defender Dmitry Kabak of Open Viewpoint observed to Forum 18 News Service that there could be problems if the state deregisters a community. Temir Kasymov, assistant to Deputy Mairamkul Tlenchiyeva who co-drafted the legal changes, stated that Muslim or Russian Orthodox conscientious objectors, and atheists, would be able to opt out of military service. But asked what would happen if Muslim or Orthodox leaders were asked if their faiths allowed individuals to perform military service, Kasymov appeared unsure. "There haven't been cases when Muslims refused to serve", he told Forum 18. Kasymov pointed out that the proposed amendments are still in draft form, and asked for help in framing them to meet concerns over who will be allowed to be a conscientious objector.

18 February 2014

UZBEKISTAN: Concern over health of prisoners of conscience

Relatives and friends of three Muslim prisoners of conscience in Uzbekistan, jailed for exercising their freedom of religion or belief, have expressed concern to Forum 18 News Service about their state of health. Khayrullo Tursunov and his relatives Mehrinisso and Zulhumor Hamdamova (who are sisters) are all apparently in need of medical treatment. Relatives of the Hamdamova sisters told Forum 18 that "they both feel ill but Mehrinisso's health is worse". Relatives do not know when or even whether the prison authorities will arrange an operation for Mehrinisso. A related case is that of Khayrullo Tursunov, who has been exposed to the potentially fatal disease of tuberculosis (TB). The authorities have claimed to Forum 18 that he is cured – but if so Forum 18 notes this has taken an unusually short length of time. A relative wondered what the authorities' reasons were. "If he did not have TB why was he moved to the TB prison – and if he did why was he moved back to his original prison in such a short time?", the relative asked.

17 February 2014

KAZAKHSTAN: Criminal conviction, large "moral damages" - and new criminal case?

Retired Presbyterian Pastor Bakhytzhan Kashkumbayev was this afternoon (17 February) given a four-year suspended prison term in Kazakhstan's capital Astana. He was convicted of harming the health of a church member, even though that church member has repeatedly insisted to state authorities that her health was not harmed. He also has to pay the representative of his alleged "victim" large "moral damages" of 2 Million Tenge (about 65,800 Norwegian Kroner, 7,900 Euros or 10,800 US Dollars). "In my experience as a lawyer, this is one of the strangest cases I have seen in terms of legality", Pastor Kashkumbayev's lawyer Nurlan Beysekeyev told Forum 18 News Service after the verdict was handed down orally. "It was not just strange, but from the standpoint of the law, all types of violations occurred, when the case was opened, when it was being investigated and during the trial." Kashkumbayev will appeal against the verdict. Other violations of freedom of religion or belief continue, including ongoing raids on meetings for worship without state permission.

12 February 2014

UZBEKISTAN: New Decree gives "legal" basis to existing censorship

Books and other materials encouraging individuals to change their beliefs or which, in the state's opinion, "distort" beliefs are now specifically banned under a sweeping new censorship Decree, Forum 18 News Service notes. The Decree, which came into force on 27 January, gives a "legal" basis for the severe state restrictions on production, sale, distribution and import of religious materials. The Decree contains numerous violations of the conventions the country has under international human rights law promised to implement. Returning pilgrims – such as from Mecca – will have their literature seized for checking. Further punishments for breaking the censorship regime may be introduced. Officials of the state Religious Affairs Committee – which implements the compulsory prior state censorship – and the office of Deputy Prime Minister Adkham Ikramov – who is supervising the Decree's implementation – refused to discuss its provisions with Forum 18.

11 February 2014

RUSSIA: "We do not believe in the justice of our court"

The criminal trial of Ilnur Khafizov and Fidail Salimzyanov, both Muslim readers of the works of Islamic theologian Said Nursi, began again in a magistrates' court in Naberezhnyye Chelny in Russia on 29 January. Proceedings are due to re-start on 19 February, local Muslims told Forum 18 News Service. The criminal trial of two Muslim women, Nakiya Sharifullina and Laura Khapinova, began in a different magistrates' court in the town on 22 January. Their trial is due to resume on 12 February. In Krasnoyarsk, Andrei Dedkov has been accused of organising a cell of the banned "extremist" group "Nurdzhular", having been detained on 24 January when police searched the city's Cathedral Mosque after morning prayers. In the same city, Magomed Suleyman-ogly has been accused of being the leader of a "youth wing of Nurdzhular". Also, changes to "extremism"-related Articles of the Criminal Code, signed into law on 3 February, make it easier for the state to obtain legal permission for surveillance techniques such as phone tapping.

10 February 2014

AZERBAIJAN: Conscientious objector's trial to begin after 4 months' detention

Four months after being forcibly detained in October 2013 and sent to a military unit, conscientious objector to military service 18-year-old Kamran Shikhaliyev is due to go on trial at a military court in southern Azerbaijan on 13 February. His fellow-Jehovah's Witnesses told Forum 18 News Service that "despite physical abuse, verbal humiliation, and psychological pressure, Shikhaliyev has refused to wear a military uniform, perform military duties, or take the military oath". The head of the Conscription Office which forcibly seized him claimed to Forum 18 that "he wasn't detained, just sent to a military unit". Elsewhere, after a Gyanja Police raid on a Jehovah's Witness meeting, five of those present were fined the equivalent of one year's teacher's salary. "More than 40 people were gathered in the flat," police complained to Forum 18. "That's banned. They had no permission from the state organs to meet." And the State Committee for Work with Religious Organisations has declined to tell Forum 18 what measures are planned against the unregistered Sunni mosque in Mushfiqabad, as "work in this direction is in progress". Many such mosques have been forcibly closed by the state.

6 February 2014

UZBEKISTAN: Massive fine for Muslim prayer mat, Christian book raid ordered by NSS secret police

A hotel employee in Uzbekistan's capital Tashkent has been fined 150 times the minimum monthly salary after a Muslim prayer mat was found at the hotel during an early January search by the authorities. A hotel employee, who wished to remain anonymous for fear of state reprisals, confirmed the fine to Forum 18 News Service on 5 February. Also, on 20 January the NSS secret police with the police Anti-Terrorism Department raided a private home in Tashkent. As well as hundreds of Christian books and other materials being confiscated from Natalya Gaiyer and ordered destroyed, she was fined three times the minimum monthly salary. The officer who led the raid told Forum 18 that the raid and confiscations "were ordered by Tashkent police Anti-Terrorism Department and the NSS secret police". Judge Davron Narbayev claimed to Forum 18 that he was not authorised to comment on his own decision. He also would not say why he fined someone for possessing legally purchased books, which he ordered to be destroyed.

5 February 2014

KAZAKHSTAN: "We're liquidating the [mosque] community"

Kazakhstan's Din-Muhammad Tatar-Bashkir Mosque, built in 1852, is being forcibly closed. Yesterday evening (4 February), three officials of a Liquidation Commission appointed by a court to dissolve the community arrived at the Mosque in Petropavl to prepare an inventory of all its possessions. "The mosque is to be handed over to another religious organisation", Marat Zhamaliyev, deputy head of the regional Finance Department, told Forum 18 News Service. He refused to say which religious community the mosque will be given to. Told by Forum 18 that the mosque community still exists, regularly holds the namaz (prayers) in the mosque (including this morning, 5 February) and intends to continue to exist, Zhamaliyev responded: "We're not liquidating the mosque, we're liquidating the community." He insisted that the juridical community had been liquidated by a court and therefore did not exist. The Din-Muhammad Mosque may possibly be the last remaining publicly-accessible mosque independent of the state-backed Muslim Board.

3 February 2014

BELARUS: Long-awaited Alternative Service Law abandoned?

Nearly 20 years after Belarus' 1994 Constitution enshrined a right to an alternative to compulsory military service for young men, an Alternative Service Law was drafted and sent to Parliament. The draft Law would have allowed only religious-based objection, and alternative civilian service would have been two-thirds longer than military service. But no sooner had it arrived than it was recalled, allegedly for "technical" corrections. "We didn't see it as it was withdrawn on about 20 December last year [2013]", Valentina Goshko of the parliamentary staff told Forum 18. "As soon as the corrections are made, the draft will be sent back for work in Parliament," Vera Chaushnik of the National Centre for Legislation and Legal Research told Forum 18. Elena Tonkacheva of the Lawtrend Legal Transformation Centre fears the proposed Law may now disappear, as "even in this current form, the authorities see it as a threat".

29 January 2014

UZBEKISTAN: Art lessons, talking constitute "illegal" religious activity?

Rozalina Abyazova from Tashkent Region is trying to challenge in Uzbekistan's Supreme Court a fine handed down for allegedly involving her 12-year-old son in "illegal" religious education. Her petition, seen by Forum 18 News Service, points out that her son was only taking art lessons with two women who happen to be members of a Protestant congregation. The women and five other parents were also fined. Supreme Court officials refused to discuss the case or tell Forum 18 when the complaint will be heard. Elsewhere, three Protestant women in Fergana Region of eastern Uzbekistan are similarly preparing to challenge fines given to them by a local court merely for discussing their faith with each other. The NSS secret police referred the case to court alleging that the three women "illegally taught the Christian religion to each other". And a Protestant from Tashkent Region has been denied an exit visa.

28 January 2014

KAZAKHSTAN: Jailed for refusing to pay fines for exercising human rights without state permission

A Baptist in Semey in Kazakhstan is due to complete a 10-day prison term on 30 January, Forum 18 News Service has learned. Maksim Kandyba was jailed for refusing to pay a fine for attending a meeting for worship without state permission. Sentenced on the same day to three days' imprisonment was fellow Baptist Pavel Leonov. These are the third and fourth such known jailings in 2014. Such fines continue to be imposed, recently on Baptists and Jehovah's Witnesses. Kandyba and Leonov, like other Council of Churches Baptists, refuse to pay such fines. They point out that neither Kazakhstan's Constitution nor the country's international human rights obligations allow punishments for exercising human rights without state permission. But Aynura Shaimukhambetova of the Prosecutor's Office rejected Forum 18's observation that Kandyba's right to practice his faith freely is protected by international human rights commitments. Elsewhere, New Life Protestant Church members in Arkalyk have faced state interrogations and threats, particularly targeting state employees. The authorities appear to want to close the Church down. A Deputy Prosecutor refused to tell Forum 18 how many had been interrogated, or what he thinks they have done wrong.

27 January 2014

RUSSIA: Two "extremism" bans overturned - but bans, fines continue

A Krasnodar court has overturned a ban on a popular Russian translation of the Koran (though the court has still not issued the written ruling), while a Tver court has overturned a ban in Russia on the main Jehovah's Witness international website. Yet bans on religious literature amid controversial "extremism" accusations continue, Forum 18 News Service notes. Four more Jehovah's Witness texts were ruled "extremist" in December 2013. And no moves have taken place to lift a less publicised "extremism" ban on 68 Islamic texts, Nirzhigit Dolubayev, a lawyer representing one of the publishers in the case, told Forum 18. Fines continue on mosques and individuals for possessing any of the 68 books – which include collections of hadiths [sayings of the Islamic Prophet Mohammed].