Source: www.forum18.org
Date: August 13, 2024
https://www.forum18.org/archiv
By Mushfig Bayram, Forum 18
On 25 April, Judge Nurlubay Akimniyazov of Urgench Inter-District Civil
Court in north-western Khorazm Region ordered the destruction of two
buildings under construction belonging to local Council of Churches
Baptists. The decision, which against Uzbek law the Baptists have not seen,
entered into force on 27 May. One of the buildings was intended to be a
church.
Council of Churches Baptists in Urgench have been seeking a new place of
worship for some years. They have a current church building, but the number
of members has increased over the years and they do "not all fit in the
Church, which is why we need a bigger place of worship," they told Forum 18
from the city (see below).
The Baptists bought a plot of land from local resident Atajan Kurbanov in
Shakkasholikor village of Urgench District on the southern edge of the
city's airport in early 2023. Kurbanov sold part of the land to the
Baptists and the rest to other people. Many of the purchasers then
constructed buildings on their newly-acquired land. Baptists bought the
land and constructed the buildings with donations from fellow believers.
"We have all the legal papers that we can construct the buildings on the
land," local Baptist Konstantin Kim told Forum 18 on 8 August (see below).
Judge Akimniyazov's decision in the civil suit, which against Uzbek law the
Baptists have not seen, entered into force on 27 May. The Baptists learned
about the court decision from a 27 May letter from Judge Akimniyazov (seen
by Forum 18) ordering implementation of the decision (see below).
Judge Akimniyazov violated due legal process both by hearing the case
without notifying Kurbanov and the Baptists, and also by not notifying them
of his demolition order. He refused to explain his demolition order and
violations of due legal process to Forum 18 (see below).
Regime officials have either given contradictory explanations to Forum 18
for the demolition, or refused to explain it. Similarly, regime officials
have also claimed that responsible colleagues were either recently fired,
or ceased to work with them, or are aware of, or are not aware of the case
(see below).
Local Baptist Konstantin Kim observed to Forum 18 that the "authorities
picked only our two buildings to demolish, and we know why". Regime
officials including the local Police, Court Bailiffs, a man in a military
uniform who did not give his name to the Baptists (who Baptists think may
be from the State Security Service – SSS - secret police), and the local
mahalla Committee Chair came to the site on 30 July as at least one
excavator arrived (see below).
The officials were accompanied by state-appointed Domlo (mullah) Kuvandyk
Rajabov. Rajabov (who refused to give his name to the Baptists) "openly
told us that he organised a complaint against us demanding that the
authorities destroy the buildings," Kim told Forum 18 (see below).
Judge Akimniyazov of Urgench Inter-District Civil Court refused to explain
to Forum 18 why a state-appointed Muslim cleric can decide in the local
mahalla who can own buildings. Akimniyazov audibly laughed when Forum 18
put the question, then claimed: "If the Baptists are not happy they can
file a cassation appeal" (see below)
Judge Akimniyazov also refused to explain why his decision claims that the
land parcel Kurbanov sold to the Baptists is described as "arable land",
yet the rest of the land sold to others allegedly is not arable land and so
buildings on it should not be demolished. "I do not have the case documents
with me and I cannot say." He did not answer the question when Forum 18
then read his own decision to him. "There is no farming work in that area,"
church members told Forum 18. "It is ridiculous that the Judge claimed that
it is 'arable land'." The area is "full of buildings and construction work
is going on beside our buildings" (see below).
Local Baptist Kim told Forum 18 on 13 August that the demolition process
has not resumed since 8 August. However, regime officials have stated that
they are "determined to complete the demolition sooner or later" (see
below).
Baptists' intended new place of worship
Council of Churches Baptists in Urgench in north-western Khorazm Region
have been seeking a new place of worship for some years. They have a
current church building, but the number of members has increased over the
years and they do "not all fit in the Church, which is why we need a bigger
place of worship," they told Forum 18 from the city.
Council of Churches Baptists do not seek state permission to exercise
freedom of religion or belief. They meet for worship in homes owned by
church members. Under Uzbekistan's legally-binding international human
rights obligations the Baptists have the right to exercise their freedom of
religion or belief in these ways, as the OSCE / Council of Europe Venice
Commission Guidelines on the Legal Personality of Religious or Belief
Communities (https://www.osce.org/files/f/
The Baptists bought a plot of land from local resident Atajan Kurbanov in
Shakkasholikor village of Urgench District on the southern edge of the
city's airport in early 2023. Kurbanov owned one hectare (almost 2.5 acres)
of land, part of which he sold to the Baptists and the rest to other
people. Many of the purchasers then constructed buildings on their
newly-acquired land.
The Baptists bought the land and constructed the buildings with donations
from fellow believers. One of the buildings, intended for use as a place of
worship, was complete except for interior decoration. The other was a
Church member's house, still under construction.
"We have all the legal papers that we can construct the buildings on the
land," local Baptist Konstantin Kim told Forum 18 on 8 August.
Judge orders destruction of Baptist buildings, violates due legal process
On 25 April, Judge Nurlubay Akimniyazov of Urgench Inter-District Civil
Court heard a civil suit about the two buildings under construction
belonging to local Council of Churches Baptists. He ordered their
demolition. The decision, which against Uzbek law the Baptists have not
seen, entered into force on 27 May.
The Baptists learned about the court decision from a 27 May letter from
Judge Akimniyazov (seen by Forum 18) ordering implementation of the
decision.
Judge Akimniyazov violated due legal process both by hearing the case
without notifying Kurbanov and the Baptists, and also by not notifying them
of his demolition order.
The Judge refused to explain to Forum 18 on 9 August why he heard the case
without notifying Kurbanov and the Baptists. Instead of answering the
question, he claimed that "we sent invitations to their postal addresses".
He also refused to explain why he did not notify them of his demolition
order and why Kurbanov and the Baptists found out about the order only from
Court Bailiffs.
Why were Baptist buildings ordered destroyed?
Urgench Inter-District Civil Court official Munir Ruslanov confirmed that
Judge Akimniyazov ordered the Baptist buildings to be destroyed but refused
to explain why. He said that the suit had been brought to Court based on a
complaint from Ruslan Orazbayev, Head of Khorazm's Land Cadastre
Department. Ruslanov told Forum 18 on 13 August that the complaint was
about a tax issue, but refused to give details.
Yet Zafarbek Khojaniyazov, the Land Cadastre's official responsible for
complaints, claimed to Forum 18 from Urgench on 13 August that Orazbayev
had been "dismissed from his job two or three days ago". When Forum 18
asked why the allegedly fired Orazbayev had complained about the land
parcel to the Court, Khojaniyazov asked Forum 18 to call back. "Please,
give me a couple of minutes to investigate this." However, he had later
turned off his phone.
Court official Ruslanov refused to put Forum 18 through to the Court Chair
or other officials.
Judge Akimniyazov refused to discuss with Forum 18 on 9 August why he had
ordered only the Baptist-owned buildings to be demolished.
Local Baptist Konstantin Kim observed to Forum 18 that the "authorities
picked only our two buildings to demolish, and we know why".
Regime officials including the local Police, Court Bailiffs, a man in a
military uniform who did not give his name to the Baptists (who Baptists
think may be from the State Security Service – SSS - secret police
(https://www.forum18.org/archi
mahalla Committee Chair came to the site on 30 July with at least one
excavator. They were accompanied by state-appointed
(https://www.forum18.org/archi
Kuvandyk Rajabov.
At the demolition site on 30 July Domlo Rajabov (who refused to give his
name to the Baptists) "openly told us that he organised a complaint against
us demanding that the authorities destroy the buildings," Kim told Forum
18. The mullah told the Baptists: "I will not allow any Christian activity
in my residential area."
"Arable land"?
Judge Akimniyazov also refused to explain why his decision claims that the
land parcel Kurbanov sold to the Baptists is described as "arable land",
yet the rest of the land sold to others allegedly is not arable land and so
buildings on it should not be demolished. "I do not have the case documents
with me and I cannot say," he claimed.
When Forum 18 read out his decision to him, and told him that video and
photos of the demolition clearly show that only the Baptist-owned buildings
are being demolished, Judge Akimniyazov did not answer.
"There is no farming work in that area," church members told Forum 18. "It
is ridiculous that the Judge claimed that it is 'arable land'." The area is
"full of buildings and construction work is going on beside our buildings."
The Baptists are considering whether to appeal against the 25 April court
order, local Baptist Konstantin Kim explained to Forum 18. He added that
they told the authorities about this.
Is mullah working or not working at mosque?
Mullah Rajabov's status in the state-controlled Muftiate
(https://www.forum18.org/archi
Local residents call him Domlo (mullah). His name does not appear on the
notice-board of the local state-controlled
(https://www.forum18.org/archi
which lists the Imam-hatyp and his deputy.
The Imam-hatyp Kuziboy Masharipov, claimed to Forum 18 on 13 August that
"Domlo Kuvandyk worked for the Mosque a long time ago, but is not working
at the moment". Masharipov made this claim despite Rajabov being present
with state officials at the demolition on 30 July.
On 13 August Mullah Rajabov confirmed his name to Forum 18 but refused to
talk about the case. He then gave the phone to another person who refused
to give his name, and who kept repeating that it is a "wrong number" before
putting the phone down.
"We do not have such rights"?
When Forum 18 asked Imam-hatyp Masharipov about the demolition of Baptist
buildings he claimed: "We do not have such rights to decide who lives in
our area and who does not. We did not authorise domlo Kuvandyk to speak in
our name."
Local state-appointed imams and mahalla committees
(https://www.forum18.org/archi
Religion Law given powers to suppress freedom of religion or belief.
Alleged objections by local officials of the state-controlled Muftiate have
been used as excuses to reject registration applications made by other
religious communities. Similarly, alleged and normally unspecified
"objections from neighbours" have also been used as excuses to reject
registration applications. Decisions can therefore be arbitrary.
Judge Akimniyazov of Urgench Inter-District Civil Court refused to explain
to Forum 18 on 9 August why a state-appointed Muslim cleric
(https://www.forum18.org/archi
local mahalla who can own buildings. Akimniyazov audibly laughed when Forum
18 put the question, then paused and claimed: "If the Baptists are not
happy they can file a cassation appeal." He then declined to talk further.
Regime officials "determined to complete the demolition sooner or later"
"On 30 July the demolition began, the excavator took down one wall of one
of the buildings. After we told the authorities that we are going to
complain against the Court order they stopped the process," local Baptist
Konstantin Kim told Forum 18. "However, on 6 August the excavator, which
never left the site, resumed its work."
On 8 August regime officials once again halted the demolition after
receiving calls from Forum 18 and other sources, Kim told Forum 18. "I
guess they want to be careful now after they received many calls, but until
the Court decision is cancelled we cannot be sure that they will not
totally destroy the buildings."
Local Baptist Kim told Forum 18 on 13 August that the demolition process
has not resumed since 8 August. However, regime officials have told former
land-owner Kurbanov that they are "determined to complete the demolition
sooner or later".
Kurbanov told the Baptists that he has "sold land parcels to many customers
before and there were some problems with some of the sales" but that "never
before have the authorities had such an antagonistic attitude towards a
landowner".
Officials both "aware" and "not aware" of case
Adylbek Abdullayev, Head of the Section responsible to investigate
complaints at Khorazm Regional Administration, told Forum 18 on 7 August
that "I am aware of the case and the Court decision." He then referred
Forum 18 to Mahmudjon Umurzakov, Deputy Head of Khorazm Regional
Administration responsible for religious affairs.
Contrary to Abdullayev, Umurzakov claimed to Forum 18 the same day that he
does not know about the case. "I will make calls and find out what is going
on," he claimed. "We can talk then." An official who answered Forum 18's
calls on 8 and 9 August each time claimed that it is a "wrong number" and
put the phone down.
Uktam Nurmetov, Deputy Chief of Shakkasholikor village division of Urgench
District Department of Execution of Court decisions (Bailiffs Department),
which is carrying out the demolition, similarly claimed to Forum 18 on 7
August: "I am not aware of the case you are talking about." When Forum 18
told him that it has seen the Bailiffs' document from 27 May, and videos
and photos showing the demolition, he refused to talk further.
Hikmat (who refused to give his last name), chair of the state-controlled
Uchkuprik mahalla committee
(https://www.forum18.org/archi
administration), where the buildings are situated, on 7 August refused to
explain to Forum 18 why the authorities are demolishing the Baptists'
buildings. "I do not know what buildings you are talking about," he
claimed, adding that "I do not want to talk to you." He then refused to
discuss the case further.
Local police officer Sardor (who refused to give his last name) said that
he is "aware" of the case, but referred it to Khorazm Regional Police. "I
am not competent to talk to you," he claimed to Forum 18 on 9 August.
When asked about the case, the Regional Police duty officer referred Forum
18 on 9 August to Sarvor Jumaniyazov of the regional police "Struggle with
Extremism and Terrorism Department"
(https://www.forum18.org/archi
Jumaniyazov refused to talk to Forum 18 and referred it to his Chief,
Dilmurod Muhiddinov.
Muhiddinov answered his phone on 9 August, but put it down as soon as Forum
18 gave its name and asked why the Baptist buildings are being demolished.
He did not answer his phone when Forum 18 called him later. (END)
More reports on freedom of thought, conscience and belief in Uzbekistan
(https://www.forum18.org/archi
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survey (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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