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Kazakhstan violates rights of various religions
BAPTIST PASTOR SENTENCED TO 150 HOURS FORCED LABOR
Portal-credo.ru,
30 October 2008
A court in the Akmolsk region of Kazakhstan sentenced Baptist Pastor
Andrei Blok to 150 hours of forced labor for refusal to pay a fine
assessed against him for conducting an unregistered church service,
according to the verdict in the possession of Forum 18.
"If it were not for a multitude of phone calls from all over the world
to the court and city authorities, Andrei could have gone to prison for
several months," the pastor's family told Forum 18. Yulia Merkel of the
local section of the Ministry of Internal Affairs insisted in an
interview with Forum 18 that Blok must register his congregation and
she refused to report what will happen if the congregation continues to
conduct services without registration. Pastor Blok intends to file an
appeal.
A Jehovah's Witnesses congregation of the city of Aturai, located on
the coast of the Caspian Sea, is preparing to appeal in court against
the city department of the Ministry for Internal Affairs, which turned
down its eighth application for registration within the past seven
years.
At the same time a Karasai district court in Alma-Ata region on 28
October reopened hearings, which had twice been postponed, for
elimination of the only temple of Krishna followers in Kazakhstan. The
next court session is scheduled for 3 November. "We have already seen
the first signs that the court intends to render, at any cost, a
decision that will not be in our favor," one of the Krishnaites told
Forum 18.
Pastor Blok became the most recent believer in Kazakhstan to be
punished for unregistered religious activity. His congregation of the
city of Esil in the north of the Akmolsk region explained to Forum 18
that they do not want to receive state registration. They fear that
this will lead to state interference in the internal affairs of the
congregation. In violation of international obligations regarding human
rights, Kazakhstan has punished persons who participate in unregistered
religious activity. These punishments will become more severe if a
draft of a new law on religions that is being prepared is adopted.
The congregation of Krishnaites in Karasai has faced for years the
hostility of the authorities. Many buildings belonging to Krisnaites
have been razed by bulldozers. At the present time Krishnaites fear
that a court will declare illegal the buildings that still belong to
them, including a temple, and the buildings will be destroyed. They
fear that this will lead to the end of their group.
Jehovah's Witnesses of Atarai received the latest refusal of state
registration in August. Now they intend to file suit in court against
the local department of the Ministry of Internal Affairs. The
application they submitted contained twenty charter members of the
congregation, twice the number the law requires. However they were
refused registration because one of the charter members had an expired
passport and was awaiting issue of a new one. The latest refusal came
eight months after the application was submitted, after the Committee
on Religious Affairs of the Ministry of Justice had twice conducted an
"expert analysis" of the congregation's application. The Jehovah's
Witnesses called the reason for the refusal of the registration
"laughable." (tr. by PDS, posted 31 October 2008)
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No action yet on threat to liquidate churches
RELIGIOUS LEADERS CLARIFY MATTER OF LIQUIDATION OF CHURCHES
Slavic Legal
Center, 30 October 2008
Russian religious leaders have commented upon the situation around the
liquidation of a number of religious organizations. The Ministry of
Justice posted last week on its web site a list of 56 organizations
liable for closure through judicial procedure.
Among them are extremely respected Orthodox, Muslim, Jewish, and a
large number of protestant organizations, the TBN news agency reports
especially for the Christian megaportal invictory.org.
The Slavic Legal Center has received dozens of phone calls from various
regions of Russia and many people are upset over the present situation
and consider the actions of the Ministry of Justice as a violation of
freedom of conscience and religious rights. Co-chairman of the Slavic
Legal Center Anatoly Pchelintsev has hastened to assure all of them and
to recall that the Ministry of Justice still has not issued documents
for liquidation. And this list most likely is a preventive measure so
that religious organizations will submit their documentation in strict
conformity with the law. If the Ministry of Justice undertakes real
actions without adequate basis, then SLC will of course defend the
rights of believers, Pchelintsev said.
The head of the Russian Associated Union of Christians of Evangelical
Faith, Sergei Riakhovsky, who also is a member of the Public Chamber of
the Russian federation, also commented on the list. He explained the
decision of the Ministry of Justice as an attempt of the government to
show who is boss in Russia. And that is the constitution, common sense,
and law, which must be observed by everyone without exception,
Riakhovsky thinks. (tr. by PDS, posted 31 October 2008)
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Government moves to close religious groups
RUSSIAN MINISTRY OF JUSTICE WILL SEEK LIQUIDATION OF A NUMBER OF
RELIGIOUS ORGANIZATIONS
Portal-credo.ru,
15 October, 2008
The Ministry of Justice of Russia intends to initiate the liquidation,
by judicial means, of more than 50 religious organizations which
earlier were registered by this authority.
"The corresponding list of organizations for which the Ministry of
Justice plans to file suit for liquidation, is posted on the agency's
website," a representative of the Ministry of Justice told Interfax on
15 October.
He said that the basis on which the procedure of liquidation will be
begun is "failure to submit to the Ministry of Justice a list of
notices and documents provided for by law."
Among the candidates for liquidation are organizations belonging to
Christianity, Islam, Judaism, Buddhism, and other religious
associations.
This includes, in particular, such organizations as the Ecclesiastical
Board of Muslims of the Volga region, the Ecclesiastical Board of
Muslims of the Association of Mosques of Russia, the Ecclesiastical
Board of Muslims of Karachaev-Cherkesia and Stavropol, the Bogorod
diocese of the Kievan patriarchate, the Kazan-Viatsk diocese of the
Russian Orthodox Old-ritualist Autonomous church, the Moscow branch of
the Institute for the Study of Judaism, and the Central Ecclesiastical
Board of Buddhists of Russia (an alternative Buddhist structure in
Buriatia). (tr. by PDS, posted 24 October 2008)
COCHAIRMAN OF SLAVIC LEGAL CENTER: "LIQUIDATION OF RELIGIOUS
ASSOCIATIONS FOR PETTY VIOLATIONS WILL LEAD TO THE CRUDEST INFRINGEMENT
OF HUMAN RIGHTS IN OUR COUNTRY AND TO THE SELF-ISOLATION OF THE
GOVERNMENT"
Slavic Legal
Center, 21 October 2008
The list of religious organizations for which the Ministry of Justice
plans to file suit in the courts for their liquidation has been
published. This list has frightened greatly many people and
particularly the representatives of those religious organizations on
this list. This list includes, in particular, such organizations as the
Ecclesiastical Board of Muslims of the Volga region . . . and the
Suzdal diocese of the Russian Orthodox Autonomous church, etc. What
could these associations have violated?
Anatoly Pchelintsev, professor of Russian State Humanities
University: "Each specific religious organization may have its
own violations, but most often they are accused of failing to submit
notices regarding their ongoing activity and changes made within the
framework of the association. Article 32 of the law on noncommercial
organizations requires informing the registering agencies about these
things.
"However it should be noted that in Russia there already are more than
a dozen cases on which courts rendered decisions in favor of religious
organizations since the punishment for their failure to submit
information did not formally fit the crime committed. Liquidation for
failure to submit information is equivalent to sentencing a jaywalker
to the death penalty. After all, liquidation means that the
organization's life is put to an end.
The European Court on Human Rights also has frequently noted that
actions for liquidation of active religious organizations do not fit
the violations. But the Ministry of Justice in this case either does
not know about such decisions of the international and Russian courts
or it is ignoring these cases. Such a position casts doubt on the
competence of the bureaucrats who are making such decisions.
In addition, such actions are inconsistent with the policy of the
Russian government, which guarantees freedom of conscience and
religious confessions for each person. The widespread liquidation of
religious associations for petty violations will lead to the crudest
infringement of human rights in our country and to the self-isolation
of the government."
--What reasons could lead to the publication of such a frightening list?
--Possibly the reasons are of a crudely subjective nature. This
position proceeds from the leadership of the ministry. Several
religious organizations mentioned in this list have turned to us in the
Slavic Legal Center. Their representatives assured us that they did
everything in a timely fashion and informed the registering agencies
about their activity and about changes. They were surprised by the
position of the Ministry of Justice and they are prepared to prove
their innocence in court. Religious organizations request that in the
event of a real threat to their existence we will represent their
interests in court. Besides this, foreign journalists have asked us for
comments on this matter. They have asked me whether there will be
liquidation of religious organizations on a massive scale in Russia.
It is comforting that the filing of law suits for liquidation of a
number of organizations is merely being planned. The Ministry of
Justice is only trying to demonstrate all of its sternness and power.
On the other hand, many religious organizations have been negligent and
actually have not submitted the information and have not been concerned
with the legal status of their activity.
One is also surprised by the one-sided approach to the selection of
associations; the list includes representatives of various confessions
but there is not a single organization of the Moscow patriarchate,
although the law of averages (by virtue of the great quantity) says
that associations of the RPTsMP should be on this list.
This is a socially harmful and short-sighted action for "the education
of" believers and religious organizations. One very much wishes to hope
that these "Sauls" in the Ministry of Justice will soon by converted to
"Pauls," and that the zeal of some bureaucrats for the liquidation of
churches and whole ecclesiastical associations will not evoke chaos and
destabilization of church-state relations. The bureaucrats themselves
"know not what they do."
Interview conducted by Roman Lunkin for "Portal-credo.ru"
(tr. by PDS, posted 24 October 2008)
A WAKE-UP CALL FROM THE RUSSIAN GOVERNMENT
56 religious organisations officially scheduled for liquidation
Department of External Church Relations, Russian Union of Evangelical
Christians-Baptists, 21 October 2008
On 15 October, a declaration unexpectedly appeared on the webpage of
the Russian Ministry of Justice listing 56 religious organisations
scheduled for liquidation (Òminjust.lgg.ru/ru/activity/nko/religorgÓ).
These stem from a number of major world faiths and included Buddhists,
Jews, Muslims, the Catholic ÒCaritasÓ as well as small, dissident
Orthodox groups and one organisation belonging to the Kiev Orthodox
Patriarchate. Yet at least 35 of the 56 listed qualify as Protestant
organizations. These include the humanitarian ÒWorld VisionÓ and ÒYouth
with a MissionÓ. At least six Baptist organizations are listed. These
include one established by the Russian branch of the ÒBilly Graham
Evangelistic AssociationÓ and three regional districts of the ÒRussian
Union of Evangelical Christians-BaptistsÓ (RUECB). Apparently; several
entire churches are up for liquidation, including the ÒUnion of
Churches of Presbyterian ChristiansÓ and the ÒAssemblies of GodÓ. Even
the 26-congregation-strong ÒUnion of Churches of Evangelical
ChristiansÓ is scheduled for elimination. Its Bishop, businessman
Alexander Semchenko, remains a member of the prestigious ÒCouncil for
Cooperation with Religious Organisations at the Seat of the Russian
PresidentÓ.
Pastor Vitaly Vlasenko, the RUECBÕs Director for External Church
Relations, warns against undue alarm, for the declaration states only
that the Justice Department Òplans to file liquidation claimsÓ against
the 56. ÒThis is a wake-up call,Ó the Pastor adds. ÒThis is certainly
not the last word on the matter.Ó He reports that thousands of
religious organisations were registered during the 1990s, and that a
number of them are now virtually defunct. Many have failed to submit
the annual reports on activities and finance demanded by Russian
law. In some cases, registered and actual activities no longer
match. In one instance, a Baptist organization registered in Moscow is
active only in Siberia.
Attorney Anatoly Pchelintsev from MoscowÕs ×Slavic Centre for Law and
JusticeÒ (SCLC) sees serious injustice in the fact that the Russian
Orthodox Church Moscow Patriarchate is absent from the list. Due to its
overpowering size, the law of averages would demand that a least a few
of its organisations find their way onto the list. Yet Protestants, who
speak for less than 1% of the Russian population, make up 62% of the
total list. He sees no regard for the appropriateness of means,
describing liquidation as akin to meting out the death penalty to
persons found guilty of jaywalking. ÒSuch actions fly in the face of
official Russian state policy on the freedom of worship and creed.Ó
Pchelintsev, a seasoned legal veteran, believes the responsible
officials are hardly aware of the complicated international
ramifications of their own decree and cites the possibility of Òchaos
and destabilisation in church-state relationsÓ.
In June, the highly-active SCLJ succeeded in getting a decision
requiring the liquidation of a 30-member Methodist congregation in
Smolensk overturned. Two years ago, it won a European Court ruling in
Strasbourg sentencing the Russian Federation to a fine for having
forbidden the work of the Salvation Army. The SCLJ was initially formed
in 1993 and took on its present name when it became an affiliate of the
Washington/DC-based ÒAmerican Center for Law and JusticeÓ (ACLJ) in
1998. The head of ACLJ is Jay Sekulow, AmericaÕs leading attorney on
religious affairs. ACLJ was founded in 1990 by the controversial Pat
Robertson, a Southern Baptist and charismatic. He is probably AmericaÕs
most prominent television preacher.
The RUECB, Russia's largest, unified Protestant church, represents
approximately 80.000 adult members in 1.750 congregations and groups.
Its President is Yuri Sipko. (posted 24 August 2008)
ANDREI SEBENTSOV: "MINISTRY OF JUSTICE DOING DUTY, OPENLY"
Portal-Credo.ru,
21 October 2008
The executive secretary of the Commission for Affairs of Religious
Associations of the government of Russia, Andrei Sebentsov, told
Portal-credo.ru: "The Ministry of Justice is fulfilling its
responsibilities while doing so in an absolutely open way. It is
another matter whether it warned those who were negligent."
Portal-credo.ru: How do you evaluate the appearance in the news
media of reports that the Ministry of Justice declared its intention of
filing suit in court for the liquidation of a number of religious
organizations?
Andrei Sebentsov: "I evaluate it as a completely natural
fulfillment by the Ministry of Justice of its functions, of its direct
responsibility to oversee the activity of organizations registered by
it. At the same time, the ministry is doing so in a manner whereby such
information was published on its generally accessible website and it is
doing everything absolutely openly. It is another matter whether it
warned those who were negligent, in the sense of whether the agency
sent letters concerning its intention. Although I consider that the
posting of this information on the website was absolutely correct.
--But the majority of religious organizations enumerated in the list
were seriously frightened, and not only they. We are accustomed in our
society to arbitrariness and thus the very word "liquidation" carries
some kind of threat to existence. For some, panic has even begun.. . .
--What "panic"? It is simply necessary to gather and fill out
quickly the required documents and submit them to where the legislation
specifies. To report that we are alive and well and in the future we
promise to be punctual and not fall into such sad situations. According
to law religious organizations are required to present annually
information about the continuation of their activity.
And the necessary information must be submitted to two agencies. The
first is the Ministry of Justice, which handles the registration of
noncommercial organizations and oversees their activity on the basis of
the law "On freedom of conscience and religious associations." And the
second agency to which religious organizations must submit information
is the financial agency, the tax inspection. Because if the Ministry of
Justice simply announces that it still intends to file suit, then in
accordance with article 21.1 of the law on registration of legal
entities and enterprises, the tax service has the right to remove them
from the register without any trial.
--That is, in accordance with a single procedure for everyone, it is
necessary to fulfill their obligations like everyone?
--Like everyone.
--For a rather long time the Ministry of Justice did not remember about
its fulfillment of supervisory functions, and then it woke up. Could
there be in such a case the existence of some other factor? For
example, the question about the licensing of the conduct of educational
activity? For example, inside the Coordinating Center of Muslims of the
North Caucasus?
--I do not think so. The more so since everything is quite clear with
regard to the educational question in religious organizations. For
example, if we are talking about Sunday religious schools, which should
be called as such, they have the right to operate and they do operate
without any registration document, licenses, and the like. Such
education is a part of immediate religious activity of religious
organizations, which they engage in by definition. I have in mind the
identity of a religious organization that includes doctrines, ritual,
and the training of adherents in the spirit of the given confession.
Nobody has the right to interfere with religious organizations in these
matters. Although there have been such attempts, but they were always
taken to court, which restored the violated right.
I would also note that such religious academic institutions should not
be called "universities" or "academies." And there is, unfortunately, a
not very smart tendency to call themselves "colleges," for example, and
then to be surprised that somebody wants to liquidate them because of
the absence of a license.
It is quite a different matter when the issue is the training of
specialistsÑreligious personnel as such, preachers, missionaries, and
so forthÑor the creation of an academic institution with a broad
profile and teaching with a stress on the religious aspect. In such
cases, in accordance with the law, a license should certainly be
acquired.
--That is, law-abiding believers and religious organizations have no
basis for panic?
--There is reason to wake up finally and fulfill the rules for the
registration of legal entities common for everybody. But for panic,
no. (tr. by PDS, posted 24 October 2008)
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