Source: www.forum18.org
Date: August 9, 2023
https://www.forum18.org/archiv
By Mushfig Bayram, Forum 18
Religious communities are still struggling to gain state registration, or
are afraid of state reprisals if they seek registration. Against
international human rights law, the regime’s laws state that religious
communities are illegal and cannot operate unless they have state
permission to exist.
Protestant leaders, who asked to remain anonymous for fear of state
reprisals, told Forum 18 that many smaller churches have not sought state
registration as they are "afraid of state reprisals for themselves as
communities as well as their members." They fear that if regime agencies
are given – as is required – the personal details of 200 founders this
will lead to state surveillance of their private lives, and possible later
targetting by regime agencies (see below).
Some churches have not applied for state registration on principle, as they
consider this will lead to state interference. Other smaller churches have
not applied for registration as they do not have the 200 founder required
by the Religion Law. Fears of state reprisals have grown since 2019 (see
below).
From 2010 onwards, Jehovah’s Witness communities have repeatedly been
denied state registration. This has led to two United Nations (UN) Human
Rights Committee decisions – in 2019 and in 2021 – that Kyrgyzstan
violated the rights of Jehovah's Witnesses by arbitrarily refusing their
communities in Naryn, Osh, and Jalal-Abad regions state registration. Yet
as of 1 August 2023, the State Commission for Religious Affairs (SCRA) has
ignored both the 2019 and 2021 Human Rights Committee decisions. The most
recent SCRA denials of registration applications by Jehovah’s Witness
communities in Jalal-Abad, Naryn, Osh, and Batken regions was on 16 March
2022. In all four of these regions state officials refused on 2, 3, and 4
August 2023 to explain to Forum 18 why they rejected the registration
applications (see below).
Jehovah’s Witnesses challenged the denials in Bishkek City Court on 1
August 2022. During the hearing, the SCRA claimed – wrongly – that UN
Human Rights Committee views "are for consideration but not for
implementation," Jehovah’s Witnesses told Forum 18 on 1 August 2023.
Bishkek City Court accepted the SCRA’s excuses and refused to order the
registration refusals to be reconsidered. Both the SCRA and court officials
have refused to explain to Forum 18 why the SCRA rejected the registration
applications again, ignored repeated Human Rights Committee decisions, and
why the SCRA claimed that Kyrgyzstan's legally binding international human
rights law obligations are not legally binding (see below).
Unregistered religious communities particularly are "in danger of being
punished for their religious activity at any given moment," Jehovah’s
Witnesses observed to Forum 18. Denials of state registration make
Jehovah’s Witness communities illegal, and have "a chilling effect,"
leaving them "vulnerable to police harassment," and "landlords are
unwilling to rent property where they could hold peaceful religious
meetings," Jehovah’s Witnesses said (see below).
The Hare Krishna community in Bishkek has been trying for years to gain
state registration, however, "many members are afraid to give their
signatures, names and other details to state agencies as they fear state
reprisals," human rights defender Erzhan Kayipov told Forum 18. "This puts
the community in a very awkward situation, outside the law and vulnerable
to punishment by the state at any time and in any circumstances." The
community is currently still trying to encourage its members to collect the
necessary signatures (see below).
On 2 December 2021 a Bishkek court rejected a General Prosecutor's Office
suit to ban Jehovah's Witness books and videos as "extremist." The suit had
been filed on the initiative of the NSC secret police after it opened a
criminal case against Jehovah’s Witnesses, who suspect this was aimed at
banning the Jehovah’s Witnesses nationwide. Yet, despite the criminal
case having been rejected in December 2021, as of 1 August 2023 Jehovah’s
Witnesses have still not been formally informed that the NSC secret police
has closed the case. "We fear that it is still lurking somewhere and could
be reactivated at any time," they told Forum 18. The NSC secret police
would not explain to Forum 18 why the Jehovah’s Witnesses have not been
formally informed that the NSC has closed the case (see below).
A repressive draft Religion Law prepared by the SCRA in 2021 has been
withdrawn from parliament, the SCRA telling Forum 18 that "it needed
improvement." However, the SCRA refused to explain the reasons in more
detail, or whether UN Human Rights Committee Concluding Observations would
be implemented in a revised draft Religion Law (see below).
Fear of state reprisals for registration applications grows
Religious communities are still struggling to gain state registration, or
are afraid of state reprisals if they seek registration. Against
international human rights law, the regime’s laws state that religious
communities are illegal and cannot operate unless they have state
permission to exist (https://www.forum18.org/archi
For example, two Protestant leaders, who asked to remain anonymous for fear
of state reprisals, told Forum 18 in late July that they know of many
smaller churches who have not sought state registration. This is because
the churches are "afraid of state reprisals for themselves as communities
as well as their members." The Protestants explained that if regime
agencies are given – as is required – the personal details of 200
founders (https://www.forum18.org/archi
lead to state surveillance of their private lives, and possible later
targetting by regime agencies.
Some churches have not applied for state registration on principle, as they
consider this will lead to state interference. They also do not apply for
registration as, under international human rights law, this is unnecessary
to exercise their freedom of religion or belief. As the Organisation for
Security and Co-operation in Europe (OSCE) / Council of Europe Venice
Commission Guidelines on the Legal Personality of Religious or Belief
Communities (https://www.osce.org/files/f/
"State permission may not be made a condition for the exercise of the
freedom of religion or belief. The freedom of religion or belief, whether
manifested alone or in community with others, in public or in private,
cannot be made subject to prior registration or other similar procedures,
since it belongs to human beings and communities as rights holders and does
not depend on official authorization."
Other smaller churches have not applied for registration as they do not
have the 200 founder required by the Religion Law
(https://www.forum18.org/archi
Fears of state reprisals have grown since 2019, when, after many years of
arbitrary delays, the State Commission for Religious Affairs (SCRA)
(https://www.forum18.org/archi
registration to many religious communities. Yet not all religious
communities who applied were given state registration, and as a member of a
religious community commented to Forum 18 at the time: "practically
speaking, registration only gives you permission to exist
(https://www.forum18.org/archi
not give you the freedoms one should expect."
In known incidents so far in 2023
(https://www.forum18.org/archi
Catholic church has been raided by the SCRA, the National Security
Committee (NSC) secret police, and Talas police "Department for the
Struggle against Extremism and Illegal Migration," congregation members
detained at gunpoint, and two nuns each fined the equivalent of just over
two week’s average wages for reading the Bible at Mass. After the raid,
the SCRA threatened to ban the Catholic Church nationwide. Elsewhere, two
foreigners at a registered Protestant church were also fined. A Hare
Krishna wedding rehearsal was also raided, the host fined the equivalent of
just over two week's average wages, and Indian students present had their
visas revoked.
The Interior Ministry, police "Departments for the Struggle against
Extremism and Illegal Migration," the SCRA, and the National Security
Committee (NSC) secret police all refused to explain to Forum 18 why they
violate legally-binding international human rights obligations
(https://www.forum18.org/archi
UN Human Rights Committee ignored, repeated state registration denials
From 2010 onwards, Jehovah’s Witness communities have repeatedly been
denied state registration. This has led to two United Nations (UN) Human
Rights Committee decisions
(https://www.forum18.org/archi
2021 – that Kyrgyzstan violated the rights of Jehovah's Witnesses by
arbitrarily refusing their communities in Naryn, Osh, and Jalal-Abad
regions state registration.
The Human Rights Committee found that there were no "reasonable and
objective grounds," which led to discrimination "on the basis of their
religious belief." Kyrgyzstan must review the denials, provide "adequate
compensation," "take all steps necessary to prevent similar violations from
occurring," (https://www.forum18.org/archi
inform the Human Rights Committee what it has done to implement the
decisions. As of 1 August 2023, the State Commission for Religious Affairs
(SCRA) (https://www.forum18.org/archi
both the 2019 and 2021 Human Rights Committee decisions. It has also
repeatedly refused to explain to Forum 18 why it has done this.
Kyrgyzstan ratified both the International Covenant of Civil and Political
Rights (ICCPR)
(https://www.ohchr.org/en/inst
and its Optional Protocol (OP1) (under which individual complaints
(https://www.ohchr.org/sites/d
such as those of the Jehovah’s Witnesses are made) on 7 October 1994. By
voluntarily doing this, Kyrgyzstan took on both the binding international
human rights law obligations of the ICCPR, and the obligation to correct
any violations
(https://www.ohchr.org/en/inst
of its obligations – such as violations found by the UN Human Rights
Committee.
The most recent SCRA denials of registration applications by Jehovah’s
Witness communities in Jalal-Abad, Naryn, Osh, and Batken regions
(https://www.forum18.org/archi
In all four of these regions state officials refused on 2, 3, and 4 August
to explain to Forum 18 why the registration applications were rejected.
Legally binding international human rights law obligations not legally
binding?
Jehovah’s Witnesses challenged the denials in Bishkek City Court on 1
August 2022. During the hearing, the SCRA
(https://www.forum18.org/archi
– that UN Human Rights Committee views "are for consideration but not for
implementation," Jehovah’s Witnesses told Forum 18 on 1 August 2023.
Bishkek City Court accepted the SCRA’s excuses and refused to order the
registration refusals to be reconsidered.
SCRA Deputy Director Kanatbek Midin uuly refused to explain on 26 July why
the SCRA rejected the registration applications again, ignored repeated
Human Rights Committee decisions, and why the SCRA claimed that
Kyrgyzstan's legally binding international human rights law obligations are
not legally binding. "We will definitely answer all your questions," he
claimed. Forum 18 e-mailed Midin uuly on 28 July, but the SCRA had not
answered the questions by the end of the working day on 9 August.
Judge Nurbek Esenaliyev, Chair of Bishkek City Court, on 4 August claimed
to Forum 18 that "I am not familiar with the decision," asking Forum 18 to
call back on 7 August. When Forum 18 called back, he refused to explain why
the Court agreed with the SCRA that Kyrgyzstan's legally binding
international human rights law obligations are not legally binding.
"Jehovah’s Witnesses have challenged the decision in the Supreme Court,
and so we will not make any comments," Judge Esenaliyev then said.
Nursultan Amirakulov of the Chancellery of the Supreme Court also refused
to explain to Forum 18 how Kyrgyzstan's legally binding international human
rights law obligations are not legally binding. After Forum 19 explained
the details of the case, he claimed that "we have many complaints from
Jehovah’s Witnesses with us, which one exactly are you talking about."
When Forum 18 once again explained the case he refused to talk more, adding
"please send us a letter."
When Forum 18 asked again why Kyrgyzstan's legally binding international
human rights law obligations are not legally binding, Amirakulov repeated
his previous response.
Unregistered religious communities particularly are "in danger of being
punished for their religious activity at any given moment," Jehovah’s
Witnesses observed to Forum 18. They noted, however, that their local
communities had not experienced any "specific serious incidents" in the
year from August 2022. Denials of state registration make Jehovah’s
Witness communities illegal, and have "a chilling effect," leaving them
"vulnerable to police harassment," and "landlords are unwilling to rent
property where they could hold peaceful religious meetings," Jehovah’s
Witnesses said.
Hare Krishna community struggles for registration
The Hare Krishna community in Bishkek has been trying for years to gain
state registration, and in 2009 was told of a "secret instruction" to block
its registration attempts
(https://www.forum18.org/archi
2008 ordered by the secret police not to meet
(https://www.forum18.org/archi
community met the SCRA
(https://www.forum18.org/archi
was told that it must fulfil the Religion Law’s requirements for 200
adult founders (https://www.forum18.org/archi
other necessary documents.
The Hare Krishna community is trying to meet these requirements. However,
"many members are afraid to give their signatures, names and other details
to state agencies as they fear state reprisals," human rights defender
Erzhan Kayipov told Forum 18 on 25 July. "This puts the community in a very
awkward situation, outside the law and vulnerable to punishment by the
state at any time and in any circumstances." The community is currently
still trying to encourage its members to collect the necessary signatures.
In June a Hare Krishna wedding rehearsal was raided by Interior Ministry
and police "Department for the Struggle against Extremism and Illegal
Migration" officials, as well as SCRA officials
(https://www.forum18.org/archi
equivalent of just over two week's average wages, and Indian students
present had their visas revoked. None of the officials have explained to
Forum 18 why they violated the freedom of religion or belief and other
human rights of those present.
The OSCE / Council of Europe Venice Commission Guidelines on the Legal
Personality of Religious or Belief Communities
(https://www.osce.org/files/f/
under international law, registration "should not make obtaining legal
personality contingent on a religious or belief community having an
excessive minimum number of members."
SCRA Deputy Director Midin uuly refused to explain to Forum 18 on 26 July
why repeated attempts by the Hare Krishna community to gain state
registration have been rejected. "We will definitely answer all your
questions," he claimed. Forum 18 e-mailed Midin uuly on 28 July, but the
SCRA had not answered the questions by the end of the working day on 9
August.
Criminal case against Jehovah’s Witnesses still open?
On 2 December 2021 a Bishkek court rejected a General Prosecutor's Office
suit to ban Jehovah's Witness books and videos
(https://www.forum18.org/archi
saying it had been filed under the wrong procedure. The 16-page General
Prosecutor's Office suit – seen by Forum 18 – was lodged without
informing the Jehovah’s Witnesses
(https://www.forum18.org/archi
word for word a claim by the Head of the NSC secret police Kamchybek
Tashiyev that Jehovah's Witness teaching "is contradictory and oriented
towards people who don't know the fundamentals of religion and the Bible,"
and that it is based on "the personal views of the founders of the
organisation who misinterpret the Bible."
The General Prosecutor's Office official who took the case to court said it
will not appeal agianst the court’s rejection of the appeal. "The
repression is postponed for now
(https://www.forum18.org/archi
Sultanalieva of Human Rights Watch. The NSC secret police – which backed
the ban attempt – is also pushing to have Jehovah's Witnesses banned. The
General Prosecutor's Office official said he is not aware of any suit being
prepared.
The case started when the NSC secret police in December 2019 opened a
criminal case against so far unspecified representatives of the Jehovah's
Witness national centre in Bishkek on charges of inciting hatred. The
secret police raided the centre in March 2021, seizing documents and
electronic devices. In July 2021, the Head of the NSC secret police
Tashiyev wrote to the General Prosecutor calling for not only Jehovah's
Witness literature to be banned, but the community as a whole. He claimed,
without giving any evidence for his allegations
(https://www.forum18.org/archi
Witnesses had been accused of a wide range of extremely serious crimes such
as "child kidnapping, murder, incitement to murder and suicide, desertion,
fraud, theft, racism, extortion, bodily harm .."
"We believe that the General Prosecutor's Office initiated the civil case
to declare some publications 'extremist' primarily to strengthen the
criminal investigation and pave the way for an eventual claim to liquidate
the national centre and ban the peaceful worship of Jehovah's Witnesses
(https://www.forum18.org/archi
Jehovah's Witnesses told Forum 18 in November 2021.
Despite the criminal case having been rejected in December 2021
(https://www.forum18.org/archi
Jehovah’s Witnesses have still not been formally informed that the NSC
secret police has closed the case. "We fear that it is still lurking
somewhere and could be reactivated at any time," they told Forum 18.
An NSC secret police (https://www.forum18.org/archi
officer in the Investigations Division, who refused to give her name, would
not explain to Forum 18 on 1 August why the Jehovah’s Witnesses have not
been formally informed that the NSC has closed the case. The NSC officer
asked Forum 18 to call back in 20 minutes, but repeated calls later were
not answered.
Draft Religion Law withdrawn from Parliament
A draft Religion Law prepared by the SCRA in 2021
(https://www.forum18.org/archi
from parliament. It would have continued to ban worship meetings and
religious education without state permission; make registering small
religious communities more difficult or impossible; and possibly make it
impossible to register communities that do not own their own buildings. The
draft would have continued to require 200 adults to found a community and
apply for compulsory registration, but would require them to live in one
Region. For the first time places of worship would have needed
registration.
SCRA (https://www.forum18.org/archi
Midin uuly told Forum 18 on 26 July 2023 that the draft Religion Law had
been withdrawn from parliament as "it needed improvement." He refused to
explain the reasons in more detail, or whether UN Human Rights Committee
Concluding Observations would be implemented in a revised draft Religion
Law. "We will definitely answer all your questions," he claimed. Forum 18
e-mailed Midin uuly on 28 July, but the SCRA had not answered the questions
by the end of the working day on 9 August.
In December 2022, the UN Human Rights Committee’s Concluding Observations
on Kyrgyzstan (CCPR/C/KGZ/CO/3 (https://www.undocs.org/CCPR/C
stated among other things that: "the Committee is concerned about the
existing burdensome registration requirements for the registration of
religious organizations representing smaller religious minorities in
Kyrgyzstan, such as Baha’is, Protestants, Ahmadiyya Muslims, Jehovah’s
Witnesses, Tengrists and Zoroastrians."
The Human Rights Committee stated that Kyrgyzstan should, among other
things:
"Expedite the adoption of the legislative amendments to the Freedom of
Religion and Religious Organizations Act and ensure that all limitations
that are incompatible with article 18 ["Freedom of thought, conscience and
religion"] of the Covenant [the ICCPR] are removed, providing for a
transparent and fair registration process for religious organizations and
decriminalizing any religious activity by unregistered religious
organizations;"
The OSCE Election Observation Mission for the November 2021 parliamentary
elections (https://www.osce.org/files/f/
among other things: "a stifled campaign and overall voter disillusionment
.. limitations on civil and political rights and diminished separation of
powers and independence of the judiciary .. candidates campaigning with
caution .. Most media outlets were reticent to cover activities of
contestants while the regular activities of the President and authorities
were extensively covered, limiting voters’ ability to make an informed
choice .. Significant procedural problems were noted during the vote
count." (END)
For more background information see Forum 18's Kyrgyzstan religious freedom
survey (https://www.forum18.org/archi
More reports on freedom of thought, conscience and belief in Kyrgyzstan
(https://www.forum18.org/Archi
Forum 18's compilation of Organisation for Security and Co-operation in
Europe (OSCE) freedom of religion or belief commitments
(https://www.forum18.org/Archi
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