Source: www.forum18.org
Date: April 1, 2020
Wednesday 1 April 2020
KAZAKHSTAN: More court-ordered religious literature destruction
In 2020, courts ordered destroyed one Muslim and 196 Christian
publications. The owners were each fined one month's average wage.
Punishing an individual for importing one religious book ("Selected
Hadiths") for personal use is a "clear violation" by the court, a legal
specialist noted. "Normally [the Police] destroy books by putting them in a
stove, but I can't say if they've already destroyed the book," the judge
told Forum 18.
KAZAKHSTAN: More court-ordered religious literature destruction
http://www.forum18.org/archive
By Felix Corley, Forum 18
In the cases of three individuals so far in 2020, courts have not only
fined them about one month's average wage for bringing a religious book
into Kazakhstan or offering religious literature to others, but ordered
their literature destroyed. The Police were tasked with destroying the
books.
In February a court in the southern Zhambyl Region ordered destroyed a
hadith collection seized from a Kyrgyz citizen who had crossed the border
into Kazakhstan. The judge ordered the one Muslim book destroyed even
though the Religion Law allows individuals to bring into the country one
copy of any one religious book for personal use (see below).
Punishing an individual for importing one religious book for personal use
"is a clear violation on the part of the court", a legal specialist told
Forum 18 (see below).
The judge declined to say why he had punished the individual. He said that
the Police were tasked with destroying the hadith collection. "Normally
they destroy books by putting them in a stove, but I can't say if they've
already destroyed the book," he told Forum 18 (see below).
Police in a village in the north-eastern Pavlodar Region detained and
seized Christian literature from two Baptists who were offering it for free
on the streets. In early March, the local court fined them each one month's
average wages and ordered the 196 items of Christian literature destroyed
(see below).
Asked if he was comfortable taking decisions to order religious literature
destroyed, one of the judges told Forum 18: "When we're enacting the law we
don't distinguish on the basis of individuals' religious, racial or ethnic
affiliation" (see below).
Courts often order seized religious literature to be destroyed. Forum 18
found six cases in 2019 where courts ordered Islamic and Christian
literature to be destroyed (see below).
In 2015, Yevgeny Zhovtis of the Kazakhstan International Bureau for Human
Rights and the Rule of Law condemned such court-ordered book destruction as
"barbarism". (http://www.forum18.org/archiv
These six 2019 literature destruction orders came among the 161 known
Administrative Code prosecutions to punish the exercise of freedom of
religion or belief. Of these, 141 ended with convictions, with almost all
being fined (http://www.forum18.org/archiv
Individuals, religious communities and a company were punished for worship
meetings, offering religious literature and items (including online),
sharing or teaching faith, posting religious material online, praying in
mosques, inviting a child to meetings, or inadequate security measures.
Another five individuals are known to have been fined between January and
March 2020 for offering religious literature for sale online. Another was
fined for offering five Korans for sale in a shop. Another was fined for
lending two religious books to another individual, while yet another was
fined for posting Islamic materials on the Telegram messaging app (see
below).
Forum 18 was unable to reach the head of the Information and Social
Development Ministry's Religious Affairs Committee, Erzhan Nukezhanov, on
31 March or 1 April to find out why individuals are punished for
distributing religious literature without state permission and why courts
sometimes order such literature to be destroyed. His telephone went
unanswered.
The government's programme of extra measures under the "Religious Freedom
Road-Map", signed off by the Information and Social Development Minister
Dauren Abayev on 29 January, includes a proposal to introduce warnings as
well as lower fines under the Administrative Code to punish exercising
freedom of religion or belief. It describes such a proposal – to be
considered in 2020 - as "humanisation" of the law (see below).
The programme of extra measures similarly includes a proposal – also to
be considered in 2020 – to remove the requirement for religious objects
to successfully pass a state "religious studies expert analysis" before
registered religious organisations can distribute them (see below).
Other proposals in the programme of extra measures cover the way the state
operates the censorship system, but no proposal is included to abolish
state censorship of or restrictions on distribution of literature about
religion (see below).
Religious censorship
Kazakhstan imposes tight restrictions on religious literature and other
materials. Religious literature is subject to compulsory pre-publication
censorship and – together with icons, pictures and jewellery with
religious inscriptions - can be distributed only in state-approved venues.
Sharing faith with others without state permission is also banned. The
regime also imposes tight restrictions on all meetings for worship. State
permission is needed for a community to be allowed to meet and the location
of any meeting also needs state permission.
(http://www.forum18.org/archiv
In six cases in 2019, courts ordered seized religious literature to be
destroyed (http://www.forum18.org/archiv
books seized from a commercial seller in Kyzylorda; 18 Islamic books seized
from another commercial seller also in Kyzylorda; 2 Islamic books a visitor
from Kyrgyzstan had in her luggage; 4 Islamic leaflets seized from a Muslim
in Aktobe; one Kyrgyz-language Islamic book seized from a visitor from
Kyrgyzstan; and 2 Christian booklets (one of them co-written by a Russian
Orthodox priest) seized from a Protestant in Aktobe. The individuals were
each fined three weeks' or one month's average wage for those in formal
work.
Fine, seized Muslim book ordered destroyed
On 20 December 2019, Kyrgyz citizen and resident Bakhtiyar Saitkomolov
crossed the border from Kyrgyzstan into Kazakhstan's southern Zhambyl
Region. Border guards of the Kazakh National Security Committee (KNB) found
in his car one copy of the Kyrgyz-language book "Selected Hadiths" by
Muhammad Zakariya Kandhlawi and others, according to the subsequent court
decision seen by Forum 18. The book is a key text for adherents of the
Tabligh Jamaat Muslim missionary movement.
Border guards seized the book, claiming it was illegal to import religious
literature into Kazakhstan. The acting head of the Aysha Bibi check point,
T. Seraliyev, prepared a record of an offence against Saitkomolov under
Administrative Code Article 490, Part 1, Point 3.
Article 490, Part 1, Point 3 punishes: "Violating the requirements of the
Religion Law for .. import, manufacturing, production, publication and/or
distribution of religious literature and other religious materials, and
items for religious use". The punishment for individuals is a fine of 50
Monthly Financial Indicators (MFIs), about one month's average wage for
those in formal work.
Judge Doszhan Tolenbekov of Zhambyl District Court heard the case on 6
February 2020 in Saitkomolov's absence. He found him guilty and fined him
the prescribed 50 MFIs, 126,250 Tenge. The Judge also ordered that the book
seized from him should be destroyed.
As Saitkomolov did not have state permission to distribute religious
literature, the Judge was unable to impose a temporary or permanent ban on
such activity, according to the decision seen by Forum 18.
Illegal decision?
Judge Tolenbekov found Saitkomolov guilty despite outlining in his court
decision the guarantee enshrined in Article 20, Part 2 of Kazakhstan's
Constitution of free access to information provided it is not banned in
law. Judge Tolenbekov also cited Article 9, Part 3 of the Religion Law,
which allows the import of one copy of any one religious work into
Kazakhstan provided it is for personal use.
Judge Tolenbekov's decision makes no mention that Saitkomolov intended to
give the seized book "Selected Hadiths" to anyone else, so it appears he
had it for personal use.
The Judge noted that Saitkomolov had not submitted the book for a state
"expert analysis" before importing it. However, Article 9, Part 3 of the
Religion Law appears to require this only when registered religious
organisations import books or other materials about religion.
Punishing an individual for importing one religious book for personal use
"is a clear violation on the part of the court", a legal specialist told
Forum 18 from Kazakhstan on 31 March.
Asked why he punished Saitkomolov in apparent defiance of the law, Judge
Tolenbekov responded that the defendant did not appear in court. "He agreed
with the decision – he wrote to say so," the Judge told Forum 18 from the
court on 1 April. He repeatedly refused to answer why he punished
Saitkomolov for having one religious book for personal use and why he
ordered it destroyed.
Judge Tolenbekov said that the Police were tasked with destroying the
hadith collection. "Normally they destroy books by putting them in a stove,
but I can't say if they've already destroyed the book," he told Forum 18.
Saitkomolov did not appeal against the fine and destruction order, Judge
Tolenbekov added. "But nor did he pay the fine as he is in Kyrgyzstan and
there is no inter-state agreement to recover the money."
Court orders destroyed 196 confiscated Christian publications
On 29 February, four Council of Churches Baptists travelled to the village
of Akkuly in the north-eastern Pavlodar Region close to the border with
Russia. There they offered Christian literature to villagers on the street.
Police detained two of the Baptists, Oleg Stepanenko and Nadezhda Smirnova,
and took them to the police station, local Baptists told Forum 18. Officers
demanded that the two write statements. The two said that they had been
distributing Christian literature, citing their Constitutional right to do
so.
Officers confiscated their Christian literature, which was in Russian and
Kazakh: 3 copies of "Jesus our Destiny", 10 copies of "The Most Important
Truths", 15 copies of "All Children Need to Know This", 98 copies of the
newspaper "Do You Believe?" and 70 Christian leaflets.
Officers drew up cases against both Stepanenko and Smirnova under
Administrative Code Article 490, Part 1, Point 3 ("Violating the
requirements of the Religion Law for .. import, manufacturing, production,
publication and/or distribution of religious literature and other religious
materials, and items for religious use").
In separate hearings on 2 March, Akkuly District Court fined Stepanenko and
Smirnova 50 MFIs each (one month's average wage). In Smirnova's case, Judge
Bibigul Sabitdenova banned her from unspecified activity for three months.
Judge Sabitdenova ordered 196 items of seized Christian literature to be
destroyed, according to the decision seen by Forum 18.
In Stepanenko's case, Judge Kairbulat Karimov also ordered 196 items of
seized Christian literature to be destroyed, according to the decision seen
by Forum 18.
Asked why he had fined Stepanenko for offering religious literature to
others on the street, Judge Karimov told Forum 18 from Akkuly on 1 April:
"They committed an administrative violation – that is the procedure here.
I was doing my job."
Asked why he had ordered the seized literature to be destroyed, Judge
Karimov responded: "The literature they sought to distribute was destroyed
because it was the instrument of their violation." Asked if was comfortable
taking decisions to order religious literature destroyed, he responded:
"When we're enacting the law we don't distinguish on the basis of
individuals' religious, racial or ethnic affiliation."
Judge Karimov told Forum 18 that the Police were in charge of fulfilling
the destruction order he had included in the decision.
Both Stepanenko and Smirnova appealed against the fines and literature
destruction orders. Pavlodar Regional Court is due to hear their appeals on
the morning of 2 April, court officials told Forum 18.
Continuing fines for offering religious literature for sale online
Courts continue to fine individuals for offering religious literature for
sale online. Forum 18 found five such cases in the first three months of
2020, with fines of three weeks' or one month's average wages for those in
formal work. In all cases, individuals had offered such literature for sale
on the online shopping site Olx.kz. All five told the court that they did
not know that offering religious books and materials for sale online is
illegal, according to the decisions seen by Forum 18.
All five were punished under Administrative Code Article 490, Part 1, Point
3 ("Violating the requirements of the Religion Law for .. import,
manufacturing, production, publication and/or distribution of religious
literature and other religious materials, and items for religious use").
The known 2020 cases:
1) Yelena Yaragina: Pavlodar Specialised Administrative Court fined her 35
MFIs on 6 February for offering a Children's Bible for sale online (a
religious studies "expert analysis" had determined that the Children's
Bible was religious).
2) Vyacheslav Safronov: Oskemen Specialised Administrative Court fined him
35 MFIs on 27 February for offering 3 New Testaments and an Orthodox prayer
book for sale online (a religious studies "expert analysis" had determined
that the books were religious).
3) Natalya Nurzhanova: Pavlodar Specialised Administrative Court fined her
35 MFIs on 11 March for offering 2 copies of the Bible for sale online (a
religious studies "expert analysis" had determined that the Bibles were
religious).
4) Anastasiya Litvinova: Petropavl Specialised Administrative Court fined
her 50 MFIs on 11 March for offering a copy of the Bible for sale online (a
religious studies "expert analysis" had determined that the Bible was
religious), plus 3-month ban on activity, plus Bible withheld by police.
5) Altynai Kulmakhanbetova: Atyrau Specialised Administrative Court fined
her 35 MFIs on 20 March for offering a copy of the Koran for sale online,
plus 3-month ban on activity.
Forum 18 found prosecutions of 24 individuals for offering religious items
for sale online in 2019, 18 in 2018, and 10 in 2017.
(http://www.forum18.org/archiv
Fines for lending, selling and posting online religious literature
In addition, Kostanai Specialised Administrative Court fined Birzhan
Arynbayev 35 MFIs (three weeks' average wages) on 17 February 2020 for
lending two books on Islam to an individual who had repeatedly asked to
borrow them. Arynbayev was similarly punished under Administrative Code
Article 490, Part 1, Point 3, according to the decision seen by Forum 18.
Kostanai Regional Court rejected Arynbayev's appeal on 16 March.
Also punished under the same Administrative Code Article 490, Part 1, Point
3 was Sergei Snitsarenko. Kostanai Specialised Administrative Court fined
him 50 MFIs (one month's average wage) on 4 March for posting Islamic talks
and texts on the Telegram messaging app.
On 18 March under the same Article, Taraz Specialised Administrative Court
fined Moldir Umiraliyeva 50 MFIs (one month's average wage) for offering
five copies of the Koran for sale in her shop.
No plans to abolish religious censorship?
The government's programme of extra measures under the "Religious Freedom
Road-Map", signed off by the Information and Social Development Minister
Dauren Abayev on 29 January, includes a proposal to introduce warnings as
well as lower fines under Administrative Code Article 490 to punish
exercising freedom of religion or belief.
It describes such a proposal – to be considered in 2020 - as
"humanisation" of the law, according to the programme seen by Forum 18.
The programme of extra measures similarly includes a proposal – also to
be considered in 2020 – to remove the requirement for religious objects
to successfully pass a state "religious studies expert analysis" before
registered religious organisations can distribute them.
Other proposals in the programme of extra measures cover the way the state
operates the censorship system, such as to hold a seminar on how to
"improve" the system or the way "experts" are chosen. However, the
programme includes no proposal to abolish state censorship of or
restrictions on distribution of literature about religion. (END)
Full reports on freedom of thought, conscience and belief in Kazakhstan
(http://www.forum18.org/archiv
For more background, see Forum 18's Kazakhstan religious freedom survey
(http://www.forum18.org/archiv
Forum 18's compilation of Organisation for Security and Co-operation in
Europe (OSCE) freedom of religion or belief commitments
(http://www.forum18.org/archiv
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