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The right to change one’s belief or religion
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RUSSIA: Supreme Court ban on Jehovah's Witnesses begins to bite

Although 34 Jehovah's Witness publications described as extremist have not yet been added to the Federal List of Extremist Materials, public prosecutors in several Russian regions have begun issuing extremism warnings to Jehovah's Witness communities, Forum 18 News Service has learnt. Also, in what is thought to be the first instance in post-Soviet Russia of extended detention in connection with sharing beliefs, two Jehovah's Witnesses informally accused of distributing extremist literature in Bryansk Region were detained for six days for "petty hooliganism". Mikhail Odintsov of the office of Russia's Human Rights Ombudsman told Forum 18 – in what he stressed was his personal view – that there was a realistic chance Jehovah's Witnesses could appeal successfully to President Dmitry Medvedev to defend their rights, if complaints were formulated in purely legal terms. He characterised the overall situation as "threatening", maintaining that "reverse Sovietisation" was taking place. "We are returning to the ideological roots of state dislike of certain religious organisations," he remarked. "These people [Jehovah's Witnesses] have no defence. What defence do they have when a court is negatively predisposed towards them, pro-Orthodox, believes that one religion should be protected from another?"

BELARUS: "We don't have such persecution here. We're absolutely democratic"

Belarusian officials continue to harass New Life Full Gospel Church, Forum 18 News Service has learnt. On 4 January the church received a summons from the Minsk City Natural Resources and Environmental Protection Committee, claiming that the church had polluted the ground around its building with oil, causing large amounts of damage. Church members reject the allegation, Sergei Lukanin noting that "for some reason they only took samples from the road which comes into the car park. Of course they're going to find traces of oil there." Belarus also continues to people for the "offence" of unregistered religious activity. Challenged about two heavy fines of a pensioner for this "offence", Lyudmila Paprakova of Grodno Ideology Department told Forum 18 that "we don't have such persecution here. We're absolutely democratic." After a woman was fined for allowing her home to be used for unregistered meetings for worship, Alla Starikevich of Brest City Ideology Department described the role of officials who started the case as "to maintain mutual relations with religious communities."

BELARUS: Two Catholic parish priests banned from religious activity

Two Polish Catholic parish priests in Belarus are the latest foreign citizens to be denied permission to carry out religious activity, Forum 18 News Service has learned. Both Capuchin priest Fr Jan Bonkowski, who was parish priest of Mizhevitsi village for twenty years, and Jesuit priest Fr Edward Smaga had to halt all religious activity at the end of 2009. A third priest was also threatened with denial of permission, but told Forum 18 that "everything is OK now". Fr Aleksandr Amialchenia, who speaks for the Belarusian Catholic Bishops' Conference, said no reasons were given for the refusals. He stressed that the two priests have not been barred from Belarus. Igor Popov, of the Grodno Religious Affairs Department, refused to answer any questions, asking "What priests?" before putting the phone down. Forum 18 estimates that more than two-thirds of the 33 foreign citizens barred from conducting religious work have been Catholic. Priests and nuns engaged in tackling social issues, such as alcoholism, in a very public manner appear to be particular targets.

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.

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.

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.

BELARUS: "To prevent them from continuing their worship service"

The Prosecutor who authorised a six-hour raid on a Protestant Sunday worship service in a private home in eastern Belarus has refused to explain why it happened. "It was an official action and I can't discuss it," Vitaly Kovalev, Prosecutor of the Chausy District, told Forum 18 News Service. He also refused to say what will be done with boxes of Bibles, Christian books and films confiscated during the raid, or whether the church's pastor, Irina Marshalkovskaya-Grik, will face further action. Anna Danisevich, an official of the district Ideology Department, led the raid with four police officers and three "witnesses" as some 20 church members were singing hymns. Danisevich denied the raid was a raid. "We acted strictly in accordance with the law. We live in a democratic state," she claimed. Asked why she and officials stayed at the house for six hours, she told Forum 18: "To prevent them from continuing their worship service." Meanwhile, the trial of Jehovah's Witness conscientious objector Dmitry Smyk is set to resume on 6 November. Also, a roundtable in Minsk to discuss the text of a new Religion Law proposed by human rights defenders is hoped to take place on 13 November, despite obstruction by the authorities.

RUSSIA: Jehovah's Witnesses to be banned?

Following more than 500 check-ups on Jehovah's Witness communities across Russia, prosecutors in several regions are going to court to have various of their publications declared extremist. This would see their distribution banned in Russia and cripple the organisation, Forum 18 News Service notes. Jehovah's Witnesses believe state agencies want a total ban. Rostov-on-Don Regional Court ruled 34 texts extremist on 11 September, the first court to do so. The court ruling, seen by Forum 18, claims that the sentence "true Christians do not celebrate Christmas or other festivals based on false religious ideas" represents incitement to religious hatred, while another publication which quoted Tolstoy – described as "an opponent of Orthodoxy" - created "a negative attitude towards the Russian Orthodox Church". The court also declared a local congregation extremist and ordered it liquidated. The Jehovah's Witnesses have appealed to Russia's Supreme Court. Customs continue to seize their books. The public prosecutor who raided a meeting in St Petersburg alleging "extremist activity" was going on refused to talk to Forum 18: "You could be some kind of spy."

BELARUS: Prosecutions of conscientious objectors resume

The criminal trial of Jehovah's Witness Dmitry Smyk, which began in Gomel on 8 October and is set to resume on 29 October, represents the first known prosecution of a religious conscientious objector to compulsory military service in the past nine years, Forum 18 News Service notes. "I have tried to abide by the Bible in all aspects of my life and act on its teachings that one shouldn't fight or teach to fight," Smyk told Forum 18. He said he is ready to do a civilian alternative service, as guaranteed in Belarus' Constitution. However, without a mechanism to enact this, Gomel's Military Commissariat says it must pass cases of refusal to conduct military service for prosecution. "So I have the right, but can't use it," Smyk says. Two other local Jehovah's Witness conscientious objectors have been referred to the Prosecutor's Office and another case is reportedly likely in Grodno.

BELARUS: "They were not doing wrong – it's just our law"

Baptists and Jehovah's Witnesses in Belarus continue to be raided and fined by the authorities for unregistered religious activity, Forum 18 News Service has found. The raids on meetings for unregistered worship have been strongly defended by the authorities. Anna Mukhlya, an expert in a regional Ideology Department who took part in one of the raids, conceded that the raided congregation was not harming anyone. "They were not doing wrong – it's just our law," she told Forum 18. Civil society groups continue to campaign against the Belarusian Religion Law, which makes unregistered religious activity a criminal offence. The Legal Transformation Centre and the advocacy group For Religious Freedom have drawn up an alternative Religion Law, which they think conforms with international human rights standards. However, attempts to hold an open roundtable in Minsk on 27 October on this have been frustrated by bans on renting conference facilities, imposed by Minsk city authorities.

RUSSIA: "You have the law, we have orders"

Two Baptist preachers in Russia's Baltic Sea exclave of Kaliningrad have been fined after their community "sang psalms and spoke about Christ" in the street, they have told Forum 18 News Service. Speaking on condition of anonymity, a source in the Kaliningrad police told Forum 18 that all public gatherings – whether political or religious – must be authorised by the municipal authorities in advance. "But they didn't have permission and they had no intention of getting it!" he remarked, clearly irritated by the Baptists' actions. Asked why permission is necessary, the source replied, "That's the law in Russia!" Aleksandr Legotin, one of the two Baptists, insisted that, as the Baptists held a religious service and not a demonstration, the legal requirement to notify the authorities in advance should not have applied. "We follow the law very carefully," he told Forum 18. "And under the Universal Declaration [of Human Rights] we have the right to freedom of conscience – the law should be doing the opposite, protecting us from such arbitrariness."