TAJIKISTAN: Ban on children in worship "once Ramadan is over"?

Although the highly controversial Law on Parental Responsibility for Education and Upbringing of Children has entered into force, state Religious Affairs officials have failed to explain to religious communities how its near-complete ban on children's participation in religious activity will be enforced. The head of the government's Religious Affairs Committee, Abdurahim Holikov, has been travelling around Tajikistan to explain the new Law to imams, together with the government-backed head of the Islamic Centre Saimukarram Abdukodirzoda, but what they said remains unclear. Several Christian communities tried to find out from the Committee at a 12 August meeting. "Officials explained that the Law exists, but didn't explain how it will be put into practice," one Catholic told Forum 18 News Service. Hikmatullo Sayfullozoda of the Islamic Renaissance Party told Forum 18 he had heard that "the President gave a verbal instruction to local administrations not to touch people during [the Muslim holy month of] Ramadan". Sayfullozoda fears that the authorities will act once Ramadan is over at the end of August.

4 August 2011

BELARUS: "Inmates are afraid of exercising their religious freedom rights"

In Belarus non-Orthodox prisoners face difficulties in exercising their freedom of religion or belief, Forum 18 News Service has found. In maximum security prisons, "prison administrations make prisoners face a difficult choice whom to see once a year - either clergy or relatives", lawyer Vlasta Oleksuk told Forum 18. All prisoners sentenced to death – such as Andrei Burdyka executed in July – are denied the possibility to meet clergy before their execution, even if they request this. There are also problems in ordinary prisons, for example Muslims having no allowance made for their diet. Anatoly Tunchik of the Punishment Implementation Department, asked about visits by non-Orthodox clergy, replied: "We are very strict at not admitting any random person into prisons. Sometimes", he continued, "they disguise themselves as other religions and have a negative influence over the inmates. For this reason access is only possible for Orthodox and Catholic priests, which means registered religions". Many convicts and clergy of different religions were not even aware of the rights they had. Also, "inmates are afraid of exercising their religious freedom rights, as they fear that the prison staff's attitude will be tougher", Protestant Pastor Boris Chernoglaz told Forum 18.

2 August 2011

UZBEKISTAN: "Spiritually rich and for freedom of conscience and religion" ?

An indictment has been filed against a Baptist in Uzbekistan's capital Tashkent, Forum 18 News Service has learned. Konstantin Malchikovsky is accused of not paying in monies from church offerings and book sales. Baptists strongly dispute the charges, describing them as "absurd", and noting that they "violate the Religion Law". They also note that courts have ignored what they describe as "exhaustive proofs of falsification and forgery of documents by the tax authorities". The charges have, as in previous cases, been accompanied by a hostile campaign in the state-run media accusing Baptists among other things of running an "illegal training centre". After attacking work with children, an article claims that Uzbekistan has "created an environment where all conditions exist for children to grow spiritually rich and for freedom of conscience and religion". In other cases, a computer hard disk belonging to another Protestant has been ordered to be destroyed, and a prisoner of conscience on a ten year jail sentence for exercising freedom of religion or belief, Tohar Haydarov, has had his sentence confirmed by the Supreme Court.

28 July 2011

KAZAKHSTAN: "One nation – one religion"?

Kazakhstan's President Nursultan Nazarbaev has called for increased surveillance of religious communities. Earlier, the head of the new state Agency of Religious Affairs (ARA) stated that the country had chosen "one nation – one religion" and that the ARA will "prepare a concept on the 'Development of moderate Islam in Kazakhstan'". This may echo Muslim Board calls to "restrict permitted Islam to the Hanafi school". Local people have told Forum 18 that the ARA is also expected to work on legislation further restricting freedom of religion or belief in the country. Yesterday (27 July), a ban on Shymkent's Ahmadi Muslim Community's right to use its mosque was upheld, but the community can continue to use the building until an appeal is decided. "The authorities are not just going against us", an Ahmadi commented. Changes have also been made to the Criminal and Administrative Codes, whose overall impact is – a legal expert stated - to "give more freedom to state agencies to interfere with freedom of religion or belief and go unpunished". "Who will now protect us from 'law-enforcement' agencies breaking the law?" a Kazakh religious believer, who wished to remain unnamed, asked Forum 18.

27 July 2011

AZERBAIJAN: Warned for meeting without state permission, legal status applications still delayed

After a police raid in Azerbaijan's port city of Sumgait in mid-June, a judge gave the leader of a Baptist church, Pavel Byakov, a verbal warning not to meet for worship without state permission. The judge also warned that for a second "offence" Byakov will be fined, church members who asked not to be named for fear of state reprisals told Forum 18 News Service. A large quantity of literature confiscated in the raid has been given to the State Committee for Work with Religious Organisations, to decide whether the material is legal. Prolonged delays in dealing with applications for legal status still continue, over one and half years after the deadline for processing applications. In defiance of Azerbaijan's international human rights commitments unregistered religious activity is illegal. Two religious communities – Cathedral of Praise Protestant Church and Baku's Jehovah's Witness community - have challenged the State Committee's failure to re-register them through the courts, and Cathedral of Praise today (27 July) gained a court ruling that they should be re-registered. But it still remains unclear when or if this will happen.

26 July 2011

COMMENTARY: Bayatyan – a European Court judgment with an impact far beyond Armenia

The European Court of Human Rights (ECtHR) has unequivocally declared that conscientious objection to military service is protected under Article 9 ("Freedom of thought, conscience and religion") of the European Convention on Human Rights and Fundamental Freedoms. Derek Brett of Conscience and Peace Tax International http://www.cpti.ws/ argues, in this personal commentary for Forum 18 News Service, that the ECtHR judgment in favour of Vahan Bayatyan, an Armenian Jehovah's Witness jailed for conscientious objection to compulsory military service has implications far beyond Armenia. He notes that the judgment also has implications for Azerbaijan and Turkey within the Council of Europe, and for states outside the organisation such as Belarus. He suggests that the ECtHR may develop its thinking to directly address the problem of coercion to change a belief such as conscientious objection, as well as to follow the UN Human Rights Committee in strengthening the protection of conscientious objection.

25 July 2011

RUSSIA: Criminal cases against "unknown persons" lodged "to prevent lawyers 'meddling'"?

The day after Russia's Supreme Court in Moscow overturned a lower court ban on the activity of the Grace Pentecostal Church in Khabarovsk, local prosecutors again began summoning church members as they investigate two criminal cases against unnamed church members. The Church's lawyer, Inna Zagrebina, told Forum 18 News Service of concerns about criminal cases being lodged against "unknown persons". Church leaders are then questioned without being able to defend themselves. "This is often done to prevent lawyers 'meddling' in the cases," she said. "Then when the investigation is complete they unveil the accusation. So from the start it's clear who they're going to accuse, but that person can't do anything. It's a trick." The FSB security service has taken a close interest in the Church, but denied to Forum 18 it is running a campaign against the Church. Elsewhere, a Baptist conscientious objector to military service has been threatened in his military unit with prosecution. But the Military Prosecutor's Office has insisted that no case is planned.

21 July 2011

TAJIKISTAN: "Religious activity is only banned up to the age of 18"

Tajikistan's Parliament has today (21 July) adopted two measures particularly targeting the rights of children and their parents, Forum 18 News Service has learnt. The Parental Responsibility Law would in practice ban most children under eighteen from religious activity. An amendment to the Criminal Code was passed punishing organisers of undefined "extremist religious" teaching. Both come two weeks after an amendment to the Religion Law imposed tight restrictions on religious education in Tajikistan and abroad. Both the Parental Responsibility Law and the Criminal Code amendments will now go to President Emomali Rahmon for signature. Suhaili Hodirov of the Office of the Human Rights Ombudsperson defended the changes, telling Forum 18: "Religious activity is only banned up to the age of 18". First Deputy Prime Minister Asadullo Gulomov said his children are still young "but I'll do as Allah orders". Eventually he told Forum 18: "Other government departments deal with this issue." A member of a religious community in the capital Dushanbe told Forum 18 that: "The Law breaks the fundamental rights of children and their parents". Hikmatullo Sayfullozoda of the Islamic Renaissance Party similarly condemned the changes: "This ban violates the rights of children to a religious education and to participation in religious rituals. A child is also a person, and has rights."

19 July 2011

RUSSIA: "Extremism" prosecutions continue, but Supreme Court advises caution

Russia continues to prosecute Muslim readers of the works of Said Nursi and Jehovah's Witnesses on "extremism" charges, Forum 18 News Service has found. The Supreme Court on 28 June issued an instruction warning that prosecutions of individuals on "extremism" charges should be carefully and narrowly framed. It warns that it is important to consider the individual's intention in distributing the works. If the intention is not to incite hatred or enmity or to humiliate the human dignity of others, prosecutions should not be brought. Officials have been unwilling to discuss the impact of the Supreme Court's instruction on their prosecutions of Muslims and Jehovah's Witnesses with Forum 18. Anatoly Tskhai of the Investigation Committee, for example, refused to say if he was aware of the Supreme Court decision. "Ring back in mid-August," he said and put the phone down. Currently, cases are known to be either threatened or under way in Gorno-Altaisk, Ulyanovsk, Astrakhan Region, Krasnoyarsk, Chita, Dagestan and Orenburg.

14 July 2011

ARMENIA: "A kind of theatrical farce - I see no progress"

Human rights defenders and some religious communities have expressed concern over provisions of a proposed new Religion Law and amendments to the Law on the State and the Armenian Church, and to the Criminal and Administrative Codes. They told Forum 18 News Service of their concerns over: the ban on "soul-hunting", defined as "improper proselytism", which could be punished by up to two months' imprisonment (up to two years' if done by more than one person); compulsory religious registration for communities of more than 25 adults; and vague formulations which some religious communities fear could be used against them. The Justice Ministry published the drafts on 12 July. "These proposed amendments are repressive and a lot worse than the previous version," Stepan Danielyan of the Collaboration for Democracy Centre told Forum 18. But Russian Orthodox priest Fr Arseni Grigoryants welcomed the drafts' "harsh attitude to incidents of proselytism" and "attempts to provide [juridical] mechanisms" to punish them.

12 July 2011

ARMENIA: "It would have ended badly, for them and for us"

Armenia's religious minorities face barriers to their exercising freedom of religion or belief from senior officials, politicians, media outlets and priests of the dominant Armenian Apostolic Church, several communities have told Forum 18 News Service. Owners of two separate venues, forced to cancel contracts with Jehovah's Witnesses in June, have told Forum 18 that they did so unwillingly after facing "pressure". One stated 18 that: "It would have ended badly, for them [Jehovah's Witnesses] and for us. If the meeting had gone ahead, state structures would have become involved." Also the criminal trial of a Pentecostal Pastor Vladimir Bagdasaryan, whose colleagues insist he should never have been prosecuted, nears its end in the central town of Sevan. Bagdasaryan told Forum 18 that the Prosecutor stated that he should be fined and then amnestied. "But this means I'll still be regarded as guilty and have a criminal record," he complained. Both the Collaboration For Democracy Centre and the Helsinki Committee of Armenia have documented numerous instances of official and media intolerance, leading to denials of freedom of religion or belief.

7 July 2011

ARMENIA: European Court finds conscientious objector was wrongfully convicted and jailed – but what will government do?

The European Court of Human Rights has today (7 July) published a Grand Chamber judgment finding that Armenia violated Vahan Bayatyan's right to freedom of thought, conscience and religion. Bayatyan, an Armenian Jehovah's Witness, was imprisoned from September 2002 to July 2003 for refusal on grounds of conscience to perform compulsory military service. Armenia currently has 69 prisoners of conscience – all Jehovah's Witnesses – in jail for refusing conscription. Armenian officials gave only cautious responses to the verdict to Forum 18 News Service, but Jehovah's Witnesses noted to Forum 18 that it should both lead to the prisoners of conscience being freed, and "help our fellow believers who are facing the same issue in Azerbaijan and Turkey". Armenia claims amendments to the Alternative Service Law now in Parliament will take the current alternative service out of the control of the military. But the wording of the amendments is unclear and does not unambiguously state this. Lieutenant Colonel Sasun Simonyan, who was involved in preparing the amendments, told Forum 18 that – as at present - anyone doing alternative service who violated their terms of service would be dealt with by the Military Prosecutor's Office.