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.

30 June 2011

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".

29 June 2011

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.

21 June 2011

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".

14 June 2011

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".

19 May 2011

BELARUS: Priest's visit "inexpedient" / Fresh Criminal Code Article 193-1 threat

The Co-Chair of Belarus' Christian Democracy movement, Pavel Severinets, was for five months in detention repeatedly denied the possibility of a visit he requested from an Orthodox priest, he has told Forum 18 News Service. Severinets was speaking after he was given an open jail term for his political activities, at a trial along with two other opposition political activists and human rights defenders. The authorities admitted to Severinets that he had every legal right to see a priest, he told Forum 18. He suspects that the denial was due to his refusal to work for the KGB secret police as an informer, and his unwillingness to plead guilty to organising a riot. Elsewhere, Nikolai Varushin, a member of an unregistered Baptist church has been threatened with punishment under Criminal Code Article 193-1, which carries a maximum penalty of two years' imprisonment. This is the second recent occasion in which the use of Article 193-1 – which has not previously been used to repress freedom of religion or belief – has been threatened against an unregistered religious community.

20 April 2011

RUSSIA: "The main problem – the Law on Extremism – remains"

Following the acquittal in Russia of Jehovah's Witness Aleksandr Kalistratov, a Gorno-Altaisk Court spokesperson would not state if and when the full text of the verdict will be released, when Forum 18 News Service asked for this. It is unclear if the Prosecutor will appeal against the verdict. Aleksandr Verkhovsky of the SOVA Center told Forum 18 that "it's difficult to say what the verdict will mean for other cases. I would like this one to set a precedent but it depends a lot on the formal reasons why he was acquitted". Ziyavdin Dapayev, a Muslim from Dagestan also facing "anti-extremism" charges, told Forum 18 that he is not sure how, if at all, the verdict will affect his case and similar cases. He sees intimidation and prejudice at a local level as a more decisive factor than verdicts in "extremism" cases elsewhere. Jehovah's Witnesses spokesperson Grigory Martynov told Forum 18 that "the main problem – the Law on Extremism – remains in place. Our publications are still banned and people who have committed no crimes continue to be investigated and prosecuted." In a separate development, the European Court of Human Rights has begun considering the admissibility of a case concerning Russian bans on Islamic texts.

13 April 2011

RUSSIA: More raids and trials, pressure on lawyers, defendant forced to resign from job?

Raids by Russian authorities on Jehovah's Witnesses and Muslim readers of the works of Said Nursi for alleged "extremism" continued in March, but none are yet known in April, Forum 18 News Service notes. Lawyers defending those charged have also reportedly coming under pressure from the authorities. One Jehovah's Witness facing trial in the southern region of Astrakhan, Gulfira Zakaryaeva, has stated that her employer was visited by law enforcement agents, who recommended that she be told to resign. She claims that she was told to do this of her own free will "to avoid any problems". Astrakhan Police told Forum 18 that "it is unlikely any pressure was applied" to her to resign, and her former employer declined to comment. Both groups of religious believers have been put under state surveillance, and Protestants in the far eastern Russian Republic of Sakha have received an intrusive questionnaire from the local police Centre for Combating Extremism. Police have refused to tell Forum 18 how this information will be used, or whether criminal cases will be opened against those questioned.

30 March 2011

BELARUS: Authorities "have the right" to raid unregistered worship

Raided during worship on successive Sundays in February were two separate Council of Churches Baptist congregations in Belarus, as they told Forum 18 News Service. The pastor of one is awaiting administrative trial for "holding an unauthorised religious service" and religious literature confiscated from him has not been returned. Three members of the other congregation were officially warned that if they continue to worship without state registration they could face criminal prosecution and a possible two year prison term. "Every registered organisation has a Charter and the authorities control how the community follows it. This is unacceptable for us," one of the three, Natalia Zavalei, told Forum 18. Ideology official Svetlana Starovoitova, who joined KGB officers in raiding Zavalei's congregation, insisted to Forum 18 that its worship was illegal. A religious affairs official in the capital Minsk, Mikhail Rybakov, told Forum 18 that for communities of any faith worshipping without registration "the authorities have the right to interrupt services".

24 March 2011

RUSSIA: Will Duma approve "anti-Constitutional" religious literature restrictions?

Proposed Russian legal amendments that would ban anyone except registered religious organisations from distributing religious literature have received initial backing from the Duma's Committee on Social and Religious Organisations, Forum 18 News Service has learned. The Committee has set 30 April as the deadline for comments on the amendments, which also impose fines for this "offence", and are an initiative of the Duma of Belgorod Region. In May the Committee will review the draft in the light of comments and either pass it to the full Duma or reject it. Some do not think the draft will be adopted, but it has aroused concern from human rights defenders and some religious communities. Similar proposals have regularly been made, but this is the first time to Forum 18's knowledge that such a proposal has had initial Committee backing. It is unclear how much support this proposal has among senior Russian political figures.

1 March 2011

RUSSIA: European Court of Human Rights "obviously ignored"

Russian Jehovah's Witnesses and Armenian Catholics continue to struggle to gain registration – and so legal status – from the authorities of the capital Moscow, Forum 18 News Service has learned. A court has decided not to change a decision to close the Jehovah's Witnesses Moscow branch – despite a European Court of Human Rights (ECtHR) ruling against this. Jehovah's Witnesses lawyer Artur Leontyev said this "obviously ignored the ruling of the European Court", and said an appeal will be made. ECtHR mandated damages and costs have also not been paid to the Jehovah's Witnesses. Also Moscow's Armenian Catholic congregation continues to be unable to gain registration. A court hearing was postponed until 11 April, when the authorities failed to appear. The Armenian Catholics' lawyer, Vladimir Ryakhovsky of the Slavic Centre for Law and Justice, told Forum 18 beforehand that a negative ruling "would give us the chance to take the issue to the Constitutional Court and challenge the Religion Law". His colleague Inna Zagrebina told Forum 18 that nationwide illegal state interference in communities' internal life is "an integral part of life for religious organisations".

14 February 2011

BELARUS: Why can't derelict church be relocated for worship?

Officials in the Belarusian capital have refused to allow a derelict historic Pomore Old Believer church to be transferred from a remote northern village where no local Old Believers remain to serve the community in Minsk. Community leader Aleksandr Belov told Forum 18 News Service the relocation would give the Minsk community an affordable yet dignified place of worship, and at the same time preserve a part of their treasured heritage. He says the church is significant for them because "this is the church where our community has prayed". Despite repeated calls, Forum 18 could not reach officials of the city Architecture Department, or the senior city religious affairs official. However, in a letter seen by Forum 18, the Architecture Department's First Deputy Head, Aleksei Martynov, told the community that given that the church has to suit its environment, "we consider it inexpedient to transfer the wooden church to the urban environment of a big city like Minsk".