RUSSIA: "The fantasy of the special services"?

Readers of the works of the late Turkish Muslim theologian Said Nursi claim prosecutors planted "evidence" of how to make explosives during a raid on a flat in Chelyabinsk where Muslim women meet to pray. Two Nursi readers – one of whom was running a summer school for local girls also raided - now face criminal prosecution. Nursi readers described to Forum 18 News Service claims that they were running schools for future suicide martyrs as "the fantasy of the special services". The Department for Especially Important Cases refused to discuss with Forum 18 why prosecutors had made accusations that the two women were preparing suicide bombers as if they were fact if the investigation has not been concluded. Meanwhile, the criminal case against four Nursi readers in the Siberian city of Krasnoyarsk has finally reached court after a 17-month investigation, with the preliminary hearing today (31 August). Only one of the four has been allowed to use his own lawyer. In the long-running trial of Jehovah's Witness Aleksandr Kalistratov, prosecutors have called as prosecution witnesses two Russian Orthodox, neither of whom personally knows Kalistratov.

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.

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.

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.

4 July 2011

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.