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The right to believe, to worship and witness
The right to change one’s belief or religion
The right to join together and express one’s belief

KAZAKHSTAN: "Absurd" criminal charge for praying for the sick

Pastor Yerzhan Ushanov of the New Life Protestant Church in Taraz could face up to two years' imprisonment if criminal charges of harming an individual's health, brought by the KNB secret police, reach court. The KNB claim a visitor to the church suffered after Pastor Ushanov prayed for him using hypnosis, the second time the secret police have brought such charges against a Protestant pastor in Jambyl Region. "This is not the first time the authorities in southern regions of Kazakhstan bring such absurd accusations against pastors for allegedly using hypnosis, while in reality all they do is pray for the sick," New Life Church members complained to Forum 18 News Service. The police Department for the Fight against Extremism, Separatism and Terrorism then raided the Church's Sunday worship after an alleged complaint of food poisoning and the KNB searched Pastor Ushanov's home. The KNB secret police, as well as the ordinary police Department for the Fight against Extremism, Separatism and Terrorism, both refused to comment on the case to Forum 18.

BELARUS: "Clergy access is something exceptional in pre-trial detention centres"

Three months after his arrest, the closed trial of Grodno-based journalist Andrzej Poczobut on charges of slandering Belarus' president is likely to conclude tomorrow (5 July) with the verdict. He has been denied a visit from a priest since his April arrest. "He is a true Roman Catholic and all this time in detention he has asked for a priest more than once, but the prison administration always found excuses not to grant it," his wife Aksana Poczobut complained to Forum 18. One of the two Catholic prison chaplains, Fr Kazimir Zylis, told Forum 18 he has been waiting for permission from the Prosecutor's Office to visit Poczobut. Forum 18 also knows of pre-trial detainees denied clergy visits in the KGB secret police detention centre in the capital Minsk and in the city's Detention Centre No. 1, which is run by the Interior Ministry. "Clergy access is something exceptional in pre-trial detention centres," Oleg Gulak of the Belarusian Helsinki Committee told Forum 18.

RUSSIA: 18-month prison term and heavy fine

Asylzhan Kelmukhambetov, a Muslim who reads the works of the theologian Said Nursi, is due to appeal against his 18-month prison term on extremism-related charges, his lawyer Rauila Rogacheva told Forum 18 News Service. Kelmukhambetov, who suffers from diabetes, was arrested at the end of the year-long trial on 28 June when the verdict was handed down and is now in prison hospital in Orenburg. An FSB security service spokesperson defended the prosecution to Forum 18. A court in the Siberian city of Krasnoyarsk has heavily fined a Muslim organisation for teaching Islam without an educational licence, although Russia's Supreme Court has ruled in a similar case that such licences are not needed. "People have been deprived of their rights to teach and receive religious education," Mufti Gayaz Fatkullin complained to Forum 18. An official of Russia's Human Rights Ombudsperson's Office described the case to Forum 18 as "stupidity and a violation of the rights of religious believers".

RUSSIA: "One complex of measures against religious communities"

Many criminal and administrative cases against religious communities "take place with violations of the right to freedom of conscience, violations of the rights of religious organisations and violations of the separation of church and state," Mikhail Odintsov, the top official dealing with religious issues at the office of Russia's Human Rights Ombudsperson, told Forum 18 News Service. He regards the many such cases as "one complex of measures against religious communities". Among cases causing his Office concern are the ban on the activity of Khabarovsk's Grace Church, which the Church is challenging in Russia's Supreme Court on 5 July, and the ban on materials distributed by New Generation Church in Blagoveshchensk, which will also appeal to the Supreme Court. Grace Church's Pastor Vladimir Pak is also being investigated on criminal charges carrying an eight-year prison term for allegedly harming health. "This is a very serious and worrying development, that church leaders face possible criminal prosecution for their activities in the church," the church's lawyer Inna Zagrebina told Forum 18.

TAJIKISTAN: "This is not the first time.."

Police in Tajikistan continue to try to suppress unregistered Muslim education throughout the country, Forum 18 News Service notes. Police General Sharif Nazarov told Forum 18 that "this is not the first time we have exposed illegal religious teachers, and given them administrative fines". Examples of such "offences" include three women fined for "just teaching how to read the Koran" to groups of young girls in their private homes without state permission, a Muslim who wished to remain unnamed for fear of state reprisals, told Forum 18. The three taught children the Arabic alphabet and so how to read to Koran. Similarly, police north of the capital Dushanbe are preparing charges against the Imam of an officially registered mosque, for teaching five children aged between nine and 17 in his private home. However, in Dushanbe the authorities have temporarily eased the mosque closure campaign. Some Muslims in the country suspect that this is for fear of the impact of the Arab Spring uprisings against dictatorships.

TURKEY: Can a new Constitution solve religious freedom problems?

Following the AKP's general election victory, political attention in Turkey has turned to the long-awaited new Constitution, Forum 18 News Service notes. It appears that a consensus may exist among Turkey's liberals, leading civil society organisations, religious minorities, legal academics, and the main opposition party, the CHP, that the new Constitution should uphold the right to freedom of religion or belief. Many would not object to this as an ideal, but attention to the detail of the proposals is essential. The AKP's past record would suggest that any predictions of its response should be cautious. Indeed, it is unclear what the AKP itself would propose. It is vital that the new Constitution enshrines full guarantees of freedom of religion or belief for all, fully in line with Turkey's international human rights obligations. But on its own - without good laws, regulations and state actions - a Constitution can only have a limited impact in generating practical change in the daily lives of people belonging to minority religious and belief communities.

KYRGYZSTAN: Jail terms overturned, but investigation continues

Batken Regional Court in southern Kyrgyzstan has overturned seven-year prison terms imposed on two cousins who are Jehovah's Witnesses, Forum 18 News Service has learned. However, despite this, the Court specifically stated that it rejected the two men's appeal. Instead of being exonerated and freed, the two - Iskandar Kambarov and Jonibek Nosirov - still face possible prosecution and remain in pre-trial detention. "We hope that reason will prevail and they will now be freed," Jehovah's Witnesses told Forum 18. The two men had been found guilty of having two discs which police say were from the Hizb ut-Tahrir Islamist movement. Kambarov and Nosirov say the discs were not theirs and were planted on them. Batken Regional Court also ordered that "in order to remedy the gaps in the investigation process" the case should be sent for further investigation, and ordered that the two cousins should pay costs. Officials continue to defend the prosecution to Forum 18. Local Jehovah's Witnesses state that the two men remain "in good spirits".

TAJIKISTAN: Bans on children's religious activity, illegal meetings, and "extremist religious" teaching close?

Tajikistan's controversial Parental Responsibility Law - approved by Parliament's Lower Chamber on 15 June – may soon be approved in the Upper House and by the President. Under it the only children allowed to participate in any religious activity, apart from funerals, will be those at state-approved religious education establishments. Many think this is aimed at Muslims, who only have around 80 state-approved establishments throughout the country. Also approved in the Lower House the same day were new Criminal Code amendments specifically extending punishments for unapproved meetings to religious meetings, and imposing harsh prison terms for "religious extremist" teaching. However, "religious extremist" teaching is not defined and could extend to any religious teaching without state approval, Forum 18 News Service notes. "Prosecutors and Courts will be able to distinguish between what is just unauthorised religious education, which will receive Administrative punishment, and what is religious extremism, which will be criminally liable," Sattor Kholov, the Deputy who led the Lower Chamber discussion of the Criminal Code amendments, claimed to Forum 18.

RUSSIA: Muslim's appeal begins, Jehovah's Witness' second trial to begin

Beginning yesterday (20 June) in the Russian North Caucasian republic of Dagestan was the appeal hearing of Ziyavdin Dapayev. He is challenging the three-year suspended prison sentence imposed on extremism-related charges for leading study of the works of Turkish Muslim theologian Said Nursi in private homes. His lawyer particularly objects to the court-ordered destruction of his religious books. "They contain quotations from a holy text [the Koran], so I hope that at least this part of the verdict will be annulled," Murtazali Barkayev told Forum 18 News Service. Beginning tomorrow (22 June) is the second trial on extremism-related charges of Jehovah's Witness Aleksandr Kalistratov, in what Russia's Human Rights Ombudsperson has deemed a "landmark case". The Prosecutor challenged Kalistratov's acquittal after a six-month trial which saw 71 witnesses questioned and 24 separate hearings. An appeal court ordered a re-trial. The Ombudsperson complained the case was built on an "expert analysis" of Jehovah's Witness texts which was "tendentious and superficial".

UZBEKISTAN: Police torture woman, axe threat, another torture threat

Police officers tortured a woman at her home while her parents were being interrogated over their religious activity at the local police station, sources who asked not to be identified for fear of state reprisals told Forum 18 News Service. Officers "kicked the woman and hit her on the head, giving her severe concussion". Police refused to discuss the incident with Forum 18. A Tashkent police officer threatened local Protestant Anvar Rajapov if he continued to challenge a fine of 80 times the minimum monthly wage handed down to punish him for his religious activity. "I have prepared an axe for you, which will be flying after you, observing you, and if need be get you," sources quoted Major Zufar Rashidov as telling him. Police refused to discuss the threats with Forum 18. Tashkent Investigator Aleksandr Ten threatened the son of a Baptist church member that he would "beat him up and put him in prison for three months" if he did not sign statements against the church's pastor and bookkeeper who Ten is seeking to prosecute.

COMMENTARY: Advancing Freedom of Religion or Belief: Agendas for Change

"Rather than being a celebration of a thing of worth, the approach currently adopted by the international political community to religious freedom is dominated by the language of special pleading, disadvantage, hostility, and hate. This must change", argued Professor Malcolm Evans in a lecture hosted by the Archbishop of Canterbury and published in abbreviated form by Forum 18.
Agendas such as "defamation of religions, incitement to religious hatred, combating antisemitism, Islamophobia, Christianophobia, Discrimination against Christians, etc." risk, Professor Evans notes, being "self-defeating by being self-serving". "The predominant interest which faith communities show in the rights of their own" forms a barrier. "Unless and until that barrier is overcome, the ability of the international community to engage effectively with the protection of the freedom of religion or belief as a human right will be diminished".
Calling for work to re-start on a UN Convention, Professor Evans observes of some approaches: "The question which continually gets lost in these twists and turns is simple, but important: 'Why not start with the idea of the freedom of religion or belief for everyone?'" For, states are the source "in reality, [of] most of the restrictions placed on the freedom of religion or belief - and, therefore, much of the hostility and violence which believers face".
Professor Evans identifies the need to "roll back the essentially negative approaches of recent years and champion a more positive vision of what religious freedom has to offer". He ends by noting signs of positive change, and calling on Christians and those of other faiths and none to "champion the freedoms of others as well as of ourselves".

AZERBAIJAN: "I'm the permission and the warrant"

The state religious affairs official who led the police raid yesterday (12 June) on a Baptist congregation in Sumgait during Sunday morning worship explained away the lack of a warrant. "I'm the permission and the warrant," local Baptists quoted him as telling them. Also raided the same day was a Jehovah's Witness meeting in Gyanja, fellow Jehovah's Witnesses told Forum 18 News Service. Both were raided because they do not have the compulsory state registration and in both cases fines are expected. An official of the State Committee for Work with Religious Organisations defended its officials' participation in the raids, claiming they were "in accordance with the law". The raids came two days after Parliament approved yet further restrictive amendments to the Religion Law.