RUSSIA RELIGION NEWS

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Jehovah's Witnesses expect registration of large Moscow congregation

"WAVE" OF ACCUSATIONS OF EXTREMISM AND LIQUIDATIONS OF CONGREGATIONS HAS SUBSIDED

Interview of JW representative Arli Chimirov conducted by Alexander Soldatov
Portal-credo.ru, 7 July 2010

Portal-credo.ru: Please tell us what kind of specific steps you intend to take for the registration of the Moscow congregation of Jehovah's Witnesses after the European Court found the banning of this congregation to be illegal. What is the status now for this congregation's conducting its worship services, holding meetings, and carrying on its religious life?

Arli Chimirov:  As regards the Moscow congregation, approximately 10,000 members belong to it who confess the religion of the Jehovah's Witnesses and this number has even grown now from what it was at the moment of the appeal to the European court. After the decisions of the Golovin court and Moscow City court, believers here really experienced many difficulties both in conducting services and in renting places for conducting worship meetings.

You know that at one time congresses were held in the central stadium in Luzhniki, but later, in connection with the Golovin decision, there was no longer any possibility to do this. Now we think that the situation will change somehow.

As to the review of the registration of this congregation, an application for registration will be submitted to the registering agency. A request also will be submitted to a court of general jurisdiction for a review of the decision regarding liquidating this congregation itself. In addition, this is connected with questions of reregistration, because at the time when the case was reviewed, religious associations were supposed to be reregistered in connection with the adoption of the new law. At that point the decisions of the European court regarding the Salvation Army and Scientology church had already been made. That route is already well known, how to reestablish the right of a religious association, and therefore I think that the Moscow congregation will take all necessary steps for its rights to be restored.

Whether this will be done quickly it is difficult for me to say; I hope that within a year these rights will be restored.

--The last point of the ruling of the European Court for Human Rights says that it was declining the requests of the plaintiffs for compensation. Please tell us what were these requests like and why did the court turn them down?

--The European court ruled 70,000 Euros as compensation. For some people this sum seems either too big or too small. But I can say that for religious associations the sums for compensation usually are not large; for the Salvation Army it was on the order of 10,000 Euros because this was not connected with incarceration or any very serious restrictions for a person and thus the sums for compensation for religious associations are not so large.

As regards the other requests that were rejected, the European court is not a court that wants to have the reputation of a money court so that one would appeal to it for money and for large compensations. We devoted great resources; there were several expert analyses including a sociological investigation; the length of the process was great, and the expenses for all of this were substantial. The decision of the European court says how much the sides requested. The Russian federation insisted that all expenses should be covered for a total of 3,000 Euros, but the European court ruled 70,000.

I know that in the suits and declarations to the European Court for Human Rights, this confession has never asked for very much money and it observes a balance so as not to suggest that the Jehovah's Witnesses go to the European court in order to get money.

Moral satisfaction consists not in monetary compensation but in the fact that an appropriate decision is made that one or another right has been violated and thus we do not insist on this compensation, although originally it seemed large in connection with the real expenses borne.

--What kind of suits and appeals by the Jehovah's Witnesses are now within Russian judicial organs and the European Court for Human Rights? If there are not any, do you intend to submit such appeals in the near future?

--After the decision of the Supreme Court, very many cases are now in the courts. They are connected with accusations of extremism, and with searches and confiscation of literature, and with liability in administrative cases.

As regards accusations finding literature extremist and liquidating congregations, this wave has subsided and there are not now any such new appeals. There are those which were submitted two years ago in Krasnodar, North Ossetia, and Sverdlovsk province.

As regards declarations in the European Court for Human Rights, I can say that the Jehovah's Witnesses have not submitted every case to the European court and they have not tried to challenge each violation. If one takes Russia as a whole, there are four appeals in all to the European court, and another one was reviewed and now a second has been reviewed; that is, three so far.

Probably in the near future an appeal to the European court will be submitted regarding Gorno-Altaisk, but I do not know of any other such new appeals.

We try to appeal on key matters and not to run constantly to the European court with any complaint and with any decision. But it seems to us to be essential that such law-forming moments should be fixed so that it is evident that court personnel, prosecutors, need help in understanding basic questions of principle. And we figure that although the case proclaims, let's say, "Moscow congregation versus Russia," actually this is a case for Russia. It is a case for the benefit of all law-abiding citizens of Russia.

We should mention yet another case in the European Court for Human Rights, the case of Faizov v. Russian federation. This is a case holding a Jehovah's Witness criminally liable for refusing military service. In this case the Russian side has acted very constructively. With respect to Faizov, they acknowledged a violation of article 9 of the Convention and said so in their memorandum reviewing the case on a supervisory level. Thus this case was later removed from the docket.  (tr. by PDS, posted 7 July 2010)


Orthodox clergy get bureaucrats to restrict Pentecostals

ATTORNEY OF SLAVIC LEGAL CENTER BLAMES RELIGIOUS COMPETITION
Slavic Legal Center, 6 July 2010

Interview with Attorney Inna Zabrebina by Roman Lunkin

--Inna Vladimirovna, the administration of the Sholokhov district of Rostov province refused to grant permission for construction of a house of worship to the "Christ the Savior" church of Christians of Evangelical Faith, Pentecostals, in the native land of [novelist Mikhail] Sholokhov, in the Cossack village of Veshenskaia on the basis of an appeal from a group of Orthodox citizens led by the dean, Archpriest Vladimir Poliakov. Moreover, Oleg Delnov appended to the appeal of the Orthodox citizens the following resolution (also dated 17 June 2010): "To V.P. Zubkov. We ask that you prepare a negative response to the applicants initiating the construction." On 23 June the church received the refusal to issue a permit for construction over the signature of the chief architect of Sholokhov district, V.P. Zubkov, because of the public outcry. What is your comment about the situation that has developed? Why are the actions of the authorities illegal?

--No doubt, representatives of local government should pay attention to the opinion of residents of the district and heed it. However, in their actions bureaucrats still must be guided by the law. The issue is that in accordance with points 3 and 11 of article 51 of the Construction Code of RF, the agency of local administration authorized to issue permits, in the event of a refusal, must, within ten days after receiving an application for granting permission for construction, indicate the reasons for the refusal. The refusal must be legislatively based. However, the "high public outcry" expressed by the approximately 20 signatures of representatives of another religion not only cannot serve as a legislatively based reason for refusal, but it also violates the legislation of the Russian federation.

It is not clear why the administration of the district heeded these 20 Orthodox citizens, while in the Cossack village of Veshenskaia there are around 10,000 residents.

There have never been any complaints against the "Christ the Savior" church of Christians of Evangelical Faith, the land has been prepared in the required form, the parcel of land is the legal property of the KhVE church, and it was purchased for the construction of a house of worship.

In accordance with point 2, article 40, of the Land Code of RF, the owners of a lot have the right to erect residential, industrial, cultural, recreational, and other buildings or structures constructed in accordance with the purpose of the land and its permitted use, while observing the requirements of construction regulations, structural, ecological, sanitary and hygienic, fire protection and other rules and regulations.

--Why, in your opinion, did the authorities so lightly oblige the authors of the appeal against Christians who are of another confession and agree with the head of the Veshenskaia deanery, Fr Vladimir Poliakov, that "we do not need more churches"?

--In this case, in violation of those requirements of the legislation, the decision to refuse the church permission to construct a house of worship was made in favor of another religious organization that thought that the church may provide it competition on the religious field.

In addition, the appeal signed, inter alia, by an Orthodox priest, was written in a confrontational tone, offensive to the protestant Pentecostal church which allegedly "corrupts people morally" although the Pentecostals adhere to the same biblical moral principles that Orthodox believers adhere to.

--Which provisions of Russian legislation have been violated by representatives of the administration of the Sholokhov district in this particular conflict situation?

--The local bureaucrats violated fundamental standards of the legislation of the Russian federation, to say nothing of the ethical aspects of the case.

In accordance with part 2 of article 14 of the constitution of RF, religious associations are separated from the state and equal before the law.

Article 28 of the constitution of RF guarantees freedom of conscience and freedom of religious confession, including the right to profess any religion.

According to article 19, the state guarantees the equality of rights without respect to religious affiliation.

In accordance with point 3, article 3 of the federal law of 26 September 1997 "On freedom of conscience and religious associations," the establishment of privileges, restrictions, or any other forms of discrimination on the basis of religious affiliation is not permitted.

In accordance with point 1, article 16, of this law, religious organizations have the right to build and maintain houses of worship and furnishings.

According to points 11 and 1 of article 11 of the federal law of 8 January 1998 "On bases of municipal service in the Russian federation" a municipal employee does not have the right to use his office in the favor of, inter alia, religious associations.

All of these provisions are rather frequently violated by bureaucrats, or ignored by them, and possibly some do not even know that their actions are gross violations of the law.

--Is it possible that the business of the European Court for Human Rights in Strasbourg might have added to it yet another complaint from Russia? How can the experience of the Strasbourg court help in this case?

--The European Court for Human Rights in this category has frequently ruled that the autonomy of a state's making decisions must be premised on the principle of guaranteeing religious pluralism essential to any democratic society, and the procedure of granting permission must not violate the rights of applicants in the area of freedom of religion.

In the Cossack village of Veshenskaia the rights of the Pentecostal congregation have been violated so crudely and overtly that the obstinacy of the local authorities in resisting believers quite well could become yet another legal disgrace for our country in the international arena.

--What are the prospects for a review of this case in court?

--Oh, of course, the KhVE church will submit a request that the decision to refuse to issue permission for construction be ruled illegal. The decision of the administration of the Sholokhov district must be found illegal and the administration of the Sholokhov district of Rostov province will be obliged to issue the appropriate permits to the believers and not persecute a Christian church in such a famous village in the homeland of Sholokhov, even if it is not Orthodox. (tr. by PDS, posted 6 July 2010)

Russia Religion News Current News Items

Institute of Freedom of Conscience warns of prejudice in teacher training

FUTURE MOSCOW TEACHERS LEARN RELIGIOUS XENOPHOBIA
Portal-credo.ru, 2 July 2010

Students of the Moscow City Pedagogical University are being taught that charismatic churches, Jehovah's Witnesses, "The International Society of Krishna Consciousness" and other religious associations are "sects," a Portal-credo.ru correspondent reports.

The syllabus of the course on history of world religious for undergraduate students of the History Faculty of the Moscow City Pedagogical University (V.V. Riabov, rector) includes an arbitrary classification of "sects" that applies to contemporary so-called "nontraditional cults." The author of the syllabus, senior teacher of the department of world history of MGPU, Konstantin Zakharov, suggests that students study the following classification of "cults": "syncretistic and eclectic sects," "pseudo-biblical sects," "pseudo-Hindu sects," "neopaganism and nativist sects," "psycho-cults," etc. The word "sect" is not placed within quotation marks in the syllabus. Within the category of these organizations the author includes charismatic churches, identified in the syllabus as "charismatics," "The Moon Unification Church," "Children of Jesus," Jehovah's Witnesses, "International Society of Krishna Consciousness," "New Age," and other religious associations.

In the opinion of representatives of the Institute of Freedom of Conscience and many other famous scholars of religion, the use of terms incorrectly, from a scientific and legal point of view, with respect to religious associations is the language of hostility and religious xenophobia; it incites strife and intolerance, engenders conflicts, contradicts the Federal Program for Promotion of the Framework of Tolerant Consciousness and the program of toleration of the government of Moscow, and threatens interconfessional peace and the integrity of the Russian state. (tr. by PDS, posted 2 July 2010)

Russia Religion News Current News Items

Provincial inspection reveals violations in religious organizations

NIZHNY NOVGOROD PROVINCIAL JUSTICE MINISTRY ISSUES WARNING TO BAPTIST CHURCH
SOVA, 2 July 2010

On 1 July, the Ministry of Justice for Nizhny Novgorod province announced its issuing written warnings in connection with violations in the activity of three religious organizations.  In particular, an inquiry conducted by the ministry revealed violations in the activity of the local church of Evangelical Christians-Baptists of the city of Vyksa.

"The organization has not observed a part of its charter; the election of the presbyter of the organization for a regular term was not confirmed by the centralized religious organization; the auditing commission comprises fewer than three persons and has not conducted annual audits," the provincial ministry's site reports.

The violations are supposed to be removed within 2 to 3 months.

Similar warnings were issued to a church of Christians of Evangelical Faith of the city of Vyksa and to a Jewish charitable foundation.  (tr. by PDS, posted 2 July 2010)

From the site of the Ministry of Justice of the Russian Federation for Nizhegorod province, 1 July 2010

As the result of an inspection of the "Dawn of Life" religious organization of the Church of Christians of Evangelical Faith of the city of Vyksa, Nizhegorod province, these violations were discovered: the charter of the contains legal conflicts and also contains a number of contradictions of federal legislation; the church council has not approved estimates of income and expenses; the auditing commission has not presented an annual account of the results of its audit to the general meeting; the general meeting has not reelected the auditing commission.

In the activity of the "Jewish Charitable Committee for the Volga Region and Central Russia" foundation, serious violations of the requirement of its own charter were found, as well as of its nonconformity to the legislation of the Russian federation:  the activity of the organization does not conform to its legal organizational form; the word "Russia" is used in its title with special permission; a number of points of the charter contradict the federal law "On charitable activity and charitable organization, "On noncommercial organization," and the Civil Code; the organization did not inform the authorized agency of the change of its location; annual accounts concerning the use of its property have not been published and the required audit has not been conducted.

All organizations must, within the established term (2-3 months) remove the violations and inform the Chief Administration of the Ministry of Justice of Russia for Nizhegorod Province of measures taken.

Noncompliance within the established term of a legal requirement of an agency for conducting state supervision may lead to administrative liability (fine of up to 20,000 rubles).  (tr. by PDS, posted 2 July 2010)

Russia Religion News Current News Items

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