f18 Logo

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

TAJIKISTAN: More than half of religious communities to be "illegal"?

Less than a month before the re-registration deadline of 1 January 2010 imposed by Tajikistan's restrictive new Religion Law, officials have conceded to Forum 18 News Service that less than half the religious communities in the country have been re-registered. Under the Law, communities which do not want to register or fail to gain re-registration will be illegal. Deputy Culture Minister Mavlon Mukhtarov and Idibek Ziyoyev of the Culture Ministry's Head Department for Religious Affairs (HDRA) – which oversees registration - told Forum 18 that unregistered religious activity will not be allowed, despite this breaching international human rights standards. Some mosques have already been refused re-registration, and many are waiting for registration along with the Baptist Union and the country's only synagogue. When re-registering some non-Muslim communities the HDRA has imposed territorial restrictions on their activity. If the number of mosques in a local area exceeds the Law's mosque quotas, Deputy Culture Minister Mukhtarov told Forum 18 that "we will close down mosques which exceed the quotas."

RUSSIA: 34 Jehovah's Witness publications and one congregation banned

Russia's Supreme Court has today (8 December) upheld a Rostov-on-Don Regional Court ruling finding 34 Jehovah's Witness publications "extremist", ensuring that their distribution will be banned nationwide. The Supreme Court also upheld, as part of the ruling, the liquidation of the Taganrog Jehovah's Witness congregation as extremist. The congregation's property will now be confiscated, and it will be banned from meeting as a community. Asked why the Supreme Court upheld the lower court decision, the secretary for the Supreme Court's Civil Cases Division, who would not give her name, told Forum 18 News Service: "The Jehovah's Witnesses are extremist." Asked if they have for example killed anyone, she responded: "To a certain extent, yes." The court ruling opens the way for the distribution of all Jehovah's Witness literature in Russia to be banned in future. Grigory Martynov of the Jehovah's Witnesses expressed disappointment, telling Forum 18 that "the decision was taken very quickly and they gave no explanation as to why they upheld the Rostov decision." He also stated that they will consider whether to take their case to the European Court of Human Rights (ECtHR) in Strasbourg.

UZBEKISTAN: State close to removing Baptist leadership

Baptists in Uzbekistan have told Forum 18 News Service that they fear the head of the Baptist Union, Pavel Peichev, and the Union's accountant Yelena Kurbatova will now be removed from their roles leading the registered Baptist Union. This follows a Criminal Court in the capital Tashkent upholding the criminal conviction of the two, as well as of a Baptist layman Dmitri Pitirimov. The Court also upheld a three-year ban on each holding responsible positions. However, the court overturned massive fines on each. The three continue to insist that the charges against them of evading taxes and involving children in religious activity without their or their parents' consent were fabricated. Peichev stated that an appeal to the Supreme Court will probably be made. "The conviction was unjust and we want it overturned," he told Forum 18. Baptists in Uzbekistan have repeatedly insisted to Forum 18 that the authorities' main aim was to remove the leadership of the Baptist Union, continuing a pattern of state interference in the leadership of religious communities such as the Muslim and Jewish communities. Also, the Justice Ministry has forced a church website to close.

AZERBAIJAN: Officials deny Alternative Service commitment, as victim challenges sentence

Sentenced by Azerbaijan in 2006 for conscientious objection to compulsory military service on grounds of religious faith, Jehovah's Witness Mushfiq Mammedov has been sentenced again on exactly the same charges in October 2009 and fined. He is challenging this in Baku's Appeal Court. The judge's assistant told Forum 18 News Service that the hearing, which began on 2 December, is due to resume on 9 December. Jehovah's Witnesses pointed out to Forum 18 that Azerbaijan's Constitution and Criminal Code do not allow criminal charges to be brought against someone twice for the same crime. Meanwhile, despite Azerbaijan's commitment to the Council of Europe to have already adopted a Law on Alternative Service, a senior parliamentary official has said the draft will not be presented to Parliament until the conflict over Nagorno-Karabakh is resolved. Andres Herkel, co-rapporteur of the Council of Europe Parliamentary Assembly, told Forum 18 that "this can't be a universal excuse for Azerbaijan not to fulfil its obligations and standards on human rights and basic freedoms".

TAJIKISTAN: Court bans Baptist church

Members of a Baptist congregation in Tajikistan's capital Dushanbe have appealed to the City Court against a ban on their activity imposed because they meet for worship in a private home without state registration. But Judge Soliya Ismailova of Somoni District Court, who handed down the ban, defended her decision and denied that this violated the Baptists' freedom of worship. "The Law demands that all non-government organisations register," she told Forum 18 News Service. The court-imposed ban came after a 9 October raid on a church service by officials of the City Administration, Dushanbe city Prosecutor's office, police and NSC secret police. Baptists told Forum 18 they are continuing to meet for worship despite the ban. State control of religious activity has been steadily tightening in 2009, including through a new Religion Law.

KAZAKHSTAN: "I could now be deported at any time"

Kazakh-born Viktor Leven, who holds a German passport, is once again due for deportation to punish him for leading worship of a Council of Churches Baptist congregation in Akmola Region. On 26 November, the collegium of the Regional Court reinstated the initial court decision that he had successfully overturned on appeal. "I could now be deported at any time," Leven told Forum 18 News Service. Deportation would separate him from his wife and their six children, the youngest just three weeks old. The case came as local papers reproduced a hostile article by state-funded "anti-cult" activist Gulnara Orazbayeva, accusing Baptists of spreading the H1N1 virus, accusing Leven's brother David of causing the death of one of his children because of his faith and accusing Baptists of not reading newspapers or watching television. One newspaper wrote that material for the article was provided by the KNB secret police, but the KNB and Orazbayeva denied it to Forum 18, as did the newspaper's editor. Told that the Baptists complained that the article stirred up inter-religious hatred of them, the editor laughed.

TURKEY: Religious freedom survey, November 2009

Ahead of the UN Human Rights Council May 2010 Universal Periodic Review of Turkey, Forum 18 News Service has found that the country continues to see serious violations of international human rights standards on freedom of religion or belief. A long-standing crucially important issue, with many implications, is that Turkey has not legally recognised religious communities in their own right as independent communities with full legal status - such as the right to own places of worship and the legal protection religious communities normally have in states under the rule of law. Additionally, the most dangerous threat to individuals exercising freedom of religion or belief has been a series of violent attacks and murders on those perceived as threats; in recent years the victims have been Christians. Turkish citizens have argued to Forum 18 that the protection of the right of all to freedom of religion or belief, as laid down in the international human rights standards which Turkey is party to, should be the standard used by the authorities in all affected fields. They also argue that the authorities act against the intolerance fuelling violent attacks and murders.

RUSSIA: Proposed missionary restrictions - a paper tiger?

Justice Ministry proposed amendments to the 1997 Religion Law and the Administrative Violations Code imposing draconian controls on religious activity have provoked protest from religious communities and have now been removed from the Ministry's website. Andrei Sebentsov, secretary of the government's Commission for Issues Concerning Religious Associations, told Forum 18 News Service that the parliamentary Religion Committee has refused to consider the proposals, leading the Ministry to approach the parliamentary Security Committee. He says the proposed draft is "so clearly against the demands of the Constitution that the presidential administration would hardly support it." Yet Muslims, Old Believers, Protestants and some Russian Orthodox remain concerned. The draft echoes proposals the Ministry made unsuccessfully in 2006, but Vitali Vlasenko of the Baptist Union believes the threat of their adoption is now greater, since "society is scared by religious extremism".

COMMENTARY: The European Court of Human Rights - Out of step on conscientious objection

The European Court of Human Rights in Strasbourg (ECtHR) has recently made a very dangerous judgement for freedom of religion or belief in the Bayatyan v. Armenia case which puts it out of step with the international standards on conscientious objection to military service and with the Council of Europe's own human rights agenda, notes Derek Brett of Conscience and Peace Tax International http://www.cpti.ws in a commentary for Forum 18 News Service http://www.forum18.org. The Court, apparently unaware of the recent parallel jurisprudence under the International Covenant on Civil and Political Rights, found no violation of the freedom of thought, conscience and religion in the imprisonment of a Jehovah's Witness for his refusal on grounds of conscientious objection to perform military service, or the subsequent increase in the sentence, which had been partly justified by his reasons for refusal. Brett argues that it is vital that the Grand Chamber of the ECtHR agrees to hear the appeal in the Bayatyan case, as it alone can overturn the precedent which this will otherwise set for future ECtHR cases.

UZBEKISTAN: Repression of Muslim and Christian religious activity continues

Mekhrinisso Hamdamova, a Muslim holding a state appointment, has been arrested for holding unauthorised religious meetings in her home, Forum 18 News Service has learned. Over 30 of her family and others have been arrested, human rights defender Surat Ikramov told Forum 18. The official overseeing religious issues in Hamdamova's city told Forum 18 "probably she did something unlawful so she was arrested." 11 Protestants have been fined because they were together for a meal in a friend's house, the fines ranging between 50 and 10 times the minimum monthly wage. Similarly 17 Protestants have been fined for possessing "illegal" religious literature. The judge in the latter case, asked why he ordered a copy of the New Testament in Uzbek and other literature to be destroyed, angrily told Forum 18 that "it was all kept illegally." Finally an appeal following the conviction of Baptists for running a children's holiday camp is due on 4 December. A mysterious "burglary" of a relative of one of the Baptists has also taken place.

KYRGYZSTAN: Legal status applications almost impossible

Although unregistered religious activity in Kyrgyzstan is now banned, against international human rights standards, religious communities also cannot gain legal status, Forum 18 News Service has learnt. However, two mosques do appear to have been registered. The State Commission for Religious Affairs (SCRA) says that religious communities must wait for the Regulations to apply a restrictive new Religion Law, which came into force in January 2009. SCRA officials told Forum 18 that "the Regulations have been prepared but not signed into force." Meanwhile, SCRA officials have contradicted themselves on whether or not existing registered communities need to be re-registered. Officials claim to have made the text of the Regulations available for public discussion, although no-one who Forum 18 has spoken to – apart from officials – has seen the text. For the proposed controversial new Religious Education Law, officials claimed to have invited some named religious communities to a roundtable discussion, although the same religious communities told Forum 18 they were unaware of any invitation. Some Protestant churches have decided to protest at the restrictions in the Religion Law by refusing to apply for registration.

BELARUS: "We have Orthodox, Catholics and Muslims – all the others are sects"

The Deputy Chief of Minsk's Frunze District Police, Dinas Linkus, said he sent the local police officer to question the Kagramanyan family, who are Pentecostals, about their religious faith. "We had a request from the Culture Department of Minsk City Executive Committee several weeks ago to find out whether any religious activity was going on at this address, to establish whether a church was active there or not," he told Forum 18 News Service. "We have Orthodox, Catholics and Muslims – these are the religions. All the others are sects." Meanwhile Transfiguration Baptist Church in Vitebsk Region was fined for using a private house for religious worship, despite having official permission to do so. Jehovah's Witness Dmitry Smyk has been fined for refusing compulsory military service on religious grounds, but criminal charges against one other conscientious objector have been dropped.