Violations of religious freedom in Kazakhstan: January - September 2008
January 2008
At the beginning of 2008, Protestant churches, a Hare Krishna commune, Jehovah's Witnesses and an independent mosque were still facing threats to their property, cancellation of their registration and harassment of their members. Accusations of espionage and high treason have also been made.
10 January 2008
The Kazakh government conducted architectural check up of the buildings of the Krishna Society. During the check up directors of the community got 2 letters, which clearly defined the intentions behind the check up. In the first letter dated by May 21, 2007 the architect of the Karasai district, E. Ismailov requested the chief architect of the Almaty province, G. Abdraimov, "to appeal to court for demolition of the buildings." In the second letter dated by November 27, 2007 the Hakim of Karasai district A. Musakhanov mentioned that the Karasai Hakimat has ordered the land occupied by the Society for Krishna Consciousness to be transferred to a provincial orphanage.
17 January 2008
President Nursultan Nazarbaev remarked at a meeting of his Nur Otan party - widely reported by the media - that measures were needed to halt the activity of "illegal religious movements" in Kazakhstan. Nazarbaev particularly criticised missionaries by saying “Today, tens of thousands of different missionary organisations work in Kazakhstan. We don't know their purposes and intentions, and we should not allow such unchecked activity.”
25 January 2008
The embattled Grace Presbyterian Church in Almaty, Kazakhstan's commercial capital, faced a massive raid which began at noon. The raid took place on a warrant issued by the Almaty city Public Prosecutor and it was conducted by officers of the National Security Committee (KNB) secret police. Policemen checked everybody and confiscated all the computer hardware.
01 February 2008
Dmitry Jantsen, who leads a Baptist congregation in Temirtau in the northern Karaganda Region, received a letter warning him to register his congregation with the state within a month. It also warned him that if he does not comply, he will be fined under Article 375, part 1 of the Code of Administrative Offences, which punishes evading registration of religious activity. If Jantsen further refuses to pay any fines, then criminal proceedings against him would be started, the letter added.
05 February 2008
Hare Krishna community in Karasai District of Almaty Region was visited by two officials from the local Akimat. The officials gave to the members of Hare Krishna two questionnaires asking that they be filled out promptly and returned. These questionnaires are part of Kazakh authorities’ attempts to pressure leaders of religious communities to provide intrusive information on their communities, notably on political preferences and ethnic make-up.
07 February 2008
A protocol of check up on January 10, 2008, which was signed by Hare Krishna community chair people, concerning the demolition of their buildings, was not accepted in court as grounds for opening a case.
18 February 2008
Sholpan Abdyreeva, Advisor to the Minister of Justice, who oversees the registration of religious organisations, declined to about why the questionnaires are needed. The increased pressure to complete them follows the adoption of a State Programme, which stresses a need for increased state monitoring and supervision of religious communities.
03 March 2008
The Prosecutor of Taraz city, in Zhambyl Region in southern Kazakhstan, Kulzipa Abdrakhmanova, brought a case against Pyotr Panafidin, the elder of a local Baptist congregation. He was charged with unregistered religious activity. Panafidin has been fined five times previously for unregistered peaceful religious activity, and in February 2006 was jailed for three days.
In the southern city of Almaty, Judge A. Argimbaeva of the Almaty city Administrative Court found Pastor Ivan Friesen guilty of violating Article 374, Part 1 of the Administrative Code. He was fined 116,800 Tenge (600 Euros). Friesen is married with eleven children.
5 March 2008
In East Kazakhstan Region, the Katon-Karagai District Court suspended the activity of the Novopolyakovka Baptist Church for six months. This congregation belongs to the Baptist Council of Churches, who refuse to apply for state registration in any state they operate in, thinking that this leads to state control. Judge Telman Alimkhanov, who tried the case, found Pastor Rajan Baijigitov guilty under Article 375 part 1 of the Administrative Code.
12 March 2008
Dmitry Jantsen was summoned to the Temirtau Justice Department. Officials warned him that his congregation - along with several other Baptist congregations in Kazakhstan - would be closed down and he personally would be jailed. Present at the meeting and echoing the warning were Justice Ministry officials from the capital Astana and the Karaganda Regional Justice Department.
13 March 2008
Judge Z. Arystambekov of Taraz city Administrative Court found Pyotr Panafidin guilty under Article 374, Part 1 of the Administrative Code for leading a religious community without being registered. He was fined 116,800 Tenge (600 Euros). Panafidin lodged an appeal against the fine.
25 March 2008
The directors of the Krishna Society were summoned to the Almaty regional authorities in Taldy-Kurgan city on the initiative of the Akim (the chief executive). The Hare Krishna commune was asked to vacate 47 hectares of fertile land not far from Almaty city and move to 2 hectares of undeveloped land 70 km further. The Krishna Society was informed that if does not accept these conditions, within one week, that the officers of GASK (the State Architectural and Construction Board), will open a lawsuit to demolish the Krishna Society’s existing temple and barn.
2 April 2008
Kazakhstan's government backed moves by parliamentary deputies to increase restrictions on religious communities and spell out further penalties for "unapproved" religious activities.
The new initiative - prepared by four deputies of the lower house of parliament, the Majilis, and two from the upper house, the Senate – was approved for consideration. The draft Law on Amendments and Additions to Several Legislative Acts on Questions of Freedom of Conscience and Religious Organisations - if adopted - would tighten numerous articles of the current Religion Law, the controversial Article 375 restricting freedom of assembly and one other article of the Code of Administrative Offences, as well as several other laws.
Kazakhstan's Religion Law was first adopted in 1992 and imposed hardly any restrictions on individuals' or communities' religious freedom. However, the Law was amended in 1995, 1997, 2004 and 2005, with ever increasing restrictions. In 2005 further restrictions on freedom of thought, conscience and belief were imposed in "extremism" and "national security" legal amendments. Despite these increasing restrictions, government officials at all levels and pro-government parliamentary deputies have repeatedly spoken of the need to make the Religion Law even tighter.
The Baptists complained of more than a hundred court cases against their members since the Religion Law was last amended in 2005. It said fines since then have amounted to more than 3,000,000 Tenge (127,525 Norwegian Kroner, 16,010 Euros or 24,905 US Dollars). "We didn't have such astronomical fines even in the Soviet period," they complained.
11 April 2008
The Hakimat of Almaty Province informed the directors of the Society for Krishna Consciousness that on Monday, April 14, the Society will receive a document that grants them a piece of land in the Iliysk District of Almaty Province, even though the Society has never consented to relocate to the Iliysk District.
The directors of the Society for Krishna Consciousness examined the four plots of land that the authorities of the Iliysk District had offered to them. None of the offered plots was found to be fit for the purposes of the religious organization. All the plots fall into the category of so called "undesirable land." One of them is situated in a waterlogged gully, another one is a former hilly graveyard (for that reason the architectural department does not recommend landscaping in that area), the third plot is situated too far from the city, and the fourth one neighbors the actual cemetery. All the plots cannot be leveled and are unfit for house building.
21 April 2008
In a case brought against a registered church, on 21 April Atyrau Prosecutor's Office brought charges in the city Administrative Court against the evangelical Salem Church in the city. The church was charged with holding illegal meetings under Article 374 part 1 of the Administrative Code, which punishes leading unregistered religious activity. The pretext for the charges was that a Russian-speaking group of the church meets in a private home with a different address from the address which the Church is registered at. On 11 April, Zhagiparova, the leader of the church she had sent a complaint to Dastan Sartaev, Atyrau Regional Prosecutor, explaining that the Russian-speaking group is not a separate religious organisation but is part of the Salem Church. The church stated that Article 375 part 1 of the Administrative Code allows such groups to meet in a member's private home, so long as important religious ceremonies - such as baptisms, weddings, and other sacraments - are not conducted in the home. The case was postponed until 24 April.
12 May 2008
In the small town of Alga, near the north-western city of Aktobe [Aqtobe], the authorities tried to seize the New Life Protestant Church's building. On 12 May, Alga District Civil Court decided to evict the church.
2 June 2008
Earlier in Kentau, the city Akimat filed a complaint to the city court against the private property of a Jehovah's Witness. The Akimat demanded confiscation of a plot of land the individual owned, to return it to State ownership and destruction of the house built on the land. This was followed up by another claim broughtagainst the building on 26 July by the City Architecture Department saying that the building was built as a worship place against the construction norms for residential housing.
11 June 2008
The text on the new law on religion was presented formally to parliament.
12 June 2008
A court decided to expropriate the building of the Agafe Protestant Church in Almaty Region and the 0.44 hectares (1 acre) of land on which it stands in the village of Pyramoy Put.
29 June 2008
Leonov and two female church members of Ayagoz town were at an outdoor book-table offering passers-by Christian literature to read free of charge when they were approached by a man in plain clothes who, without showing any identity document demanded that they remove the books. The Baptists reported that the man then called the Police. The Baptists were taken to the Police station, where their names were recorded and a copy of each book taken. They were then released.
After the incident, district police officers, officials from Ayagoz Prosecutor's Office and plain clothes officials visited Leonov's home several times. They talked with him and tried to convince him to register the church.
6 July 2008
The district policeman A. Jumabekov and three Akimat officials raided the Baptist church of Leonov during the worship service. Officials took photographs of those present and videoed the service without the consent of church members.
16 July 2008
Almaty regional Civil Court, presided over by Judge Murat Turzhan, decided after the Church's appeal to partially cancel the Economic Court's decision and return the case for further investigation.
22 July 2008
Leonov was summoned to the Ayagoz Prosecutor's office and familiarised with the administrative charges against him. He was accused of leading an unregistered religious activity with twelve members between January 2000 and July 2008. Leonov explained to the Prosecutor's Office that he did not register the church because "he did not need the status of a legal person, and after registration there would State interference in the internal life of the church," the Baptists reported.
27 July 2008
In Turkestan, the meeting in the private house of a Jehovah's Witness was raided by officials. Eight officials from the city Prosecutor's office, local Justice Department, Akimat and Police officers arrived at the house. The officials showed the 24 July decision to check up on all religious organisations of Turkestan. Three attendees were forced to write statements. All the conversation and the building were filmed on a video camera.
The Assistant Prosecutor visited the owner the private house on 30 July and took him to the Prosecutor's office for a talk. He was forced to write a statement, Jehovah's Witnesses told Forum18 on 5 September.
On 18 August Turkestan Prosecutor's office started an administrative case against the "non-existent" Turkestan community of Jehovah's Witnesses under Article 375 Part 1.
27-28 July 2008
On 27 July, representatives of the Abai district Prosecutor's office, the Department for the Struggle with Extremism, Separatism and Terrorism, the district Police Chief, three district police officers and two more persons in plain clothes raided the meeting of the Kainar-Bulak community of Jehovah’s Witnesses without showing any identity documents. Some of them told the community members that they came on a planned check-up, while others said it was in response to a neighbours' complaint. The officials filmed the meeting, forced those present to write statements and confiscated literature.
The following day, the Abai district Prosecutor brought administrative charges against the Shymkent city Jehovah's Witnesses Community under Article 375 Part 1 of the Administrative Code.
28 July 2008
The Abai district Prosecutor brought administrative charges against the Shymkent city Jehovah's Witnesses Community under Article 375 Part 1 of the Administrative Code.
Nine Jehovah's Witness congregations were raided by State officials across South Kazakhstan Region in an apparently coordinated campaign which began in late July. Officials from Prosecutor's Offices, the National Security Committee (KNB) secret police, the Anti-Terrorist Police, the ordinary police, Akimats (local administrations), the Justice Department and the Sanitary Epidemiology Service joined the raids. Two out of the three registered communities in the region have been suspended and their leaders handed heavy fines by courts in Shymkent and Saryagash, decisions which were later upheld by the Regional Court.
30 July 2008
Judge Nurzhalgas Tompakova of Ayagoz Administrative Court sentenced a Baptist called Leonov to a fine of 116,800 Tenge (5,688 Norwegian Kroner, 702 Euros or 977 US Dollars) under Article 374-1 Part 1 of Kazakhstan's Code of Administrative Offences. Leonov appealed against the fine to the East Kazakhstan Regional Court.
1 August 2008
Judge Nurlan Aliyev at the Shymkent City Specialised Administrative Court found Robert Shibelgut, the leader of the Kainar-Bulak Jehovah's Witnesses community in Abai district of the city, guilty. He was fined 58,400 Tenge (2,770 Norwegian Kroner, 345 Euros or 488 US Dollars) - fifty times the minimum monthly salary. The court also suspended the community's activity for six months under Article 375 Part 1 for holding religious meetings outside their legal address.
The prosecutor, Zheinbai Praliev, was reported as saying that the complaint against the community was filed by the village residents.
1 August 2008
Ten State officials raided the house of a Jehovah's Witness in Vannovka on 1 August during a meeting. Only one official gave his first name - Timur from the Prosecutor's office. Timur showed the decision to the owner of the house on the check-up of the religious buildings. When she objected that it was not a religious building but her private house, "the officials scolded her" and left.
The same day five officials - from the Prosecutor's Office, the local Akimat, the KNB and the police - raided a meeting in a private house in Myrzakent in Makhtaral district. All the attendees were made to write a statement.
2 August 2008
Thirteen officials - KNB officers, district police officers and representatives of the district Akimat - raided a meeting in the private house of a Jehovah's Witness in Kazygurt village. They did not allow people to leave the house, and without showing any identity documents made them show the contents of their bags. The officials filmed everything, made attendees write a statement, and took down the records.
Two of the attendees were taken to the district police and kept there until mid-afternoon. Then they were brought back to the house. This time the officials showed the sanction of the Prosecutor to search the house. The owner of the house was made to write a statement, and her books were filmed. An official record was written, and the books taken to the district police.
The two Jehovah's Witnesses were once again taken to the police station, where police investigator Daniyar Tolybaev questioned them. The contents of their bags were recorded, an official note of seizure written. Then their religious literature was confiscated and they were released in the evening.
3 August 2008
In Sastobe village of South Kazakhstan's Tuelkubass district, the private house of a Jehovah's Witness was raided mid-morning on 3 August by three district officials - Nurlan Shauliev, Senior Assistant Prosecutor, the district Police officer, and another person with a video camera. The officials showed a decision to hold check-ups across the district.
The owner of the house and five others present were forced to write a statement. Everything was filmed on the video camera. When the cameraman was asked to show the authorisation to film, he stopped filming and left the house. The officials took down the records of the conversation and left.
The leader of the local community was summoned to the Prosecutor's office and told that an administrative case would be started against them on the instruction of the Regional Prosecutor's office.
15 August 2008
Tuelkubass district Prosecutor's office started an administrative case against Jehovah's Witnesses in Sairam, their third officially registered community in South Kazakhstan region, under Article 375 Part 1.
T
he Tuelkubass district court responding to the petition of the Jehovah's Witnesses informed them with a written letter that no charges by the Prosecutor's office were brought against the community.
18 August 2008
Aksu Specialised Administrative Court found Oleg Voropaev, the leader of a Baptist congregation in Aksu, guilty of violating Article 375 Part 1 of the Administrative Code. This Article punishes violations of the Religion Law (including refusal to register a religious organisation) with fines and bans. Judge Gulnara Mukhametkalieva fined Voropaev 11,680 Tenge (569 Norwegian Kroner, 70 Euros or 98 US Dollars).
19 August 2008
Hare Krishna community in Karasai District of Almaty Region was notified by the Almaty regional Hakimat that the community would be sued to be forced off their own land.
22 August 2008
Kentau city court led by Judge A. Kasenova ruled in favour of the Akimat and the Architecture Department. "This was despite the fact that the claim was groundless, not made by a proper plaintiff, the limitation of action was overdue, the pre-trial process violated, and numerous violation of court procedures were allowed.”
The court decision points out the Akimat's claims that the owner, being a Jehovah's Witness, might use the private house in future for holding Jehovah's Witnesses services. "That is the sole reason why the Akimat went to court trying to confiscate the land and destroy the building," complained Toporov.
22 August 2008
Judge Adilkhan Myrzatayev at South Kazakhstan regional court rejected Shibelgut's appeal against the 1 August court decision. The Jehovah's Witnesses explained in their complaint to the regional court that Article 375 Part 1 of the Administrative Code establishes responsibility for violating the rules of holding meetings outside the legal address, but does not rule out the possibility of holding such meetings. Moreover, the Jehovah's Witnesses argued that Article 12 of Kazakhstan's Religion Law allows for holding meetings outside the legal address, including at members' homes.
27 August 2008
The Economic Court of Almaty Region heard the appeal of the Agafe Protestant Church against the 12 June court decision to expropriate their building. District Prosecutor Kenjaly Usipbaev claimed, in a legal statement seen by Forum 18, that the Almaty regional Department of State Property Management and the Karasai district Hakim did not "appropriately organise" the transfer of state property to the Church. In October 2007, the Department of State Property Management gave the village's House of Culture to the Church free-of-charge, the Hakimat having in October 2004 sold the land on which it stood to the Church.
3 September 2008
The South Kazakhstan regional court led by Judge Nurmakham Jumataev rejected the appeal of Leonov, a Baptist sentenced on 30 July under Article 375 Part 1, to a fine of 116,800 Tenge (5,540 Norwegian Kroner, 691 Euros or 976 US Dollars) - one hundred times the minimum monthly wage. The court suspended the activity of the community for six months.
24 September 2008
Kazakhstan's controversial and very restrictive draft Law amending the Religion Law, Code of Administrative Offences and other laws completed its passage through the lower house of parliament, the Majilis. It passed its second reading in a plenary session of the Majilis on 24 September. The Law was approved with 80 deputies in favour, one against and one abstaining.
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