Source:                   www.forum18.org

Date:                         September 3, 2021

 

 
FORUM 18 NEWS SERVICE, Oslo, Norway
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The right to believe, to worship and witness
The right to change one's belief or religion
The right to join together and express one's belief

=================================================

1 September 2021
BELARUS: Administrative, criminal charges for evicted Church's outdoor
worship?
https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D2682&source=gmail&ust=1630799742194000&usg=AFQjCNE5r1DS3jObYxerQmpzqR6RiT7dvA">https://www.forum18.org/archive.php?article_id=2682
At a meeting in Parliament and two letters, officials warned New Life
Pentecostal Church that continuing to meet for worship in the car park of
their seized church in Minsk could lead to administrative or criminal
prosecution (maximum punishment four years' imprisonment). The Church vows
to continue its worship. "The authorities may initiate criminal charges as
they told us at the Council of the Republic meeting," Pastor Vyacheslav
Goncharenko told Forum 18. "This is possible, given that they have gone as
far as throwing us out of the building without compensation and imposing
debts." City and state religious affairs officials refused to discuss the
threats.
* See full article below. *

1 September 2021
BELARUS: Administrative, criminal charges for evicted Church's outdoor
worship?

https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D2682&source=gmail&ust=1630799742194000&usg=AFQjCNE5r1DS3jObYxerQmpzqR6RiT7dvA">https://www.forum18.org/archive.php?article_id=2682
By Olga Glace, Forum 18

Officials are threatening Pastor Vyacheslav Goncharenko and other members
of New Life Pentecostal Church in the capital Minsk with administrative and
criminal charges for continuing to hold meetings for worship in the open
air in the church car park. The Church has held services outdoors each
Sunday in snow, rain and hot sunshine in the more than half a year since
officials evicted the congregation from its building on 17 February.

At a 14 July meeting at the Council of the Republic, the upper house of
Parliament, officials warned Pastor Goncharenko that violations of the law
could lead to prosecution (see below).

This was followed by a 23 July letter from the Administration of Minsk's
Moscow District warning Pastor Goncharenko that the Church's worship
meetings are illegal. A 5 August letter from the City Executive Committee
reminded him of administrative and criminal punishments (of up to four
years' imprisonment) for organising and participating in illegal meetings
(see below).

The Church will continue to meet for worship every Sunday. "This is risky,"
Pastor Goncharenko admitted to Forum 18 from Minsk, "but we keep praying as
everything can change. We know this from experience."

Pastor Goncharenko took the official letters seriously. "The authorities
may initiate criminal charges as they told us at the Council of the
Republic meeting," he remarked. "This is possible, given that they have
gone as far as throwing us out of the building without compensation and
imposing debts."

The New Life Church community says it is not going to give up its seized
building and will struggle for its rights. Pastor Goncharenko said that the
Church will continue to negotiate with the authorities.

The Head of the Ideology, Religion and Ethnic Affairs Department of Minsk
City Executive Committee, Anna Koronevskaya, refused to comment on the
situation with New Life Church. Nor would she answer why officials are
threatening the Church and whether they intend to shut it down. "The church
leaders have all the information, and I am not allowed to give comments on
the phone," she told Forum 18 from Minsk on 19 August.

Andrei Aryaev, Head of the Religion Department of the regime's Office of
the Plenipotentiary for Religious and Ethnic Affairs
(https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D2612&source=gmail&ust=1630799742194000&usg=AFQjCNHR_dIrnok_H4ewKmjpbiIbJRXviA">https://www.forum18.org/archive.php?article_id=2612), refused to discuss
the situation of New Life Church. "I am not authorised to give any
comments, this issue is being addressed and addressed actively," he
maintained to Forum 18 on 19 August.

Police and court bailiffs forcibly evicted New Life Church from its
building (https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D2639&source=gmail&ust=1630799742194000&usg=AFQjCNHeQ0x4W2d7ClDQ74dPrTSuc-twRA">https://www.forum18.org/archive.php?article_id=2639) on 17
February, using an angle grinder to cut the door lock to gain entry.

For more than 15 years, members of New Life Church have been in
confrontation with the authorities who claim its building. The Church
bought a former cowshed on the western edge of Minsk in 2002 and converted
it into its place of worship, turning it into a spacious, modern structure.
The authorities consistently refused to change its legal designation as a
cowshed.

Also facing large demands for money is the Catholic Church of Saints Simon
and Helena (known locally due to its brickwork as the Red Church) in
central Minsk. The amount demanded by the building agency of Minsk City
Executive Committee more than doubled between December 2019 and May 2021.
The regime has refused to hand back the building to Church ownership (see
below).

Amendments to the 1997 Mass Events Law which came into force in June now
require organisers of mass events to get permission from local
administrations before they start to advertise them. Holding mass events
without such permission is punishable. "Though there is no direct reference
to religious organisations, it could in practice be interpreted more
widely, meaning that it may also affect religious organisations," a
Minsk-based human rights lawyer (see below).

Among more than 50 non-governmental organisations ordered liquidated in
July was Vedanta Veda, a Hare Krishna-linked cultural organisation in
Mogilev, human rights group Human Constanta which defended a Russian
Jehovah's Witness seeing sanctuary in Belarus, and two charities
established by Protestants (see below).

Meeting in Parliament reaffirms earlier demands

On 14 July, officials summoned Pastor Goncharenko to a meeting at the
Council of the Republic, the upper house of Parliament, to discuss the
situation with New Life Church. Leading the meeting was Viktor Liskovich,
chair of its Permanent Commission for Education, Science, Culture and
Social Development. Also present were one official each from Minsk City
Executive Committee, Moscow District Administration and the office of the
Plenipotentiary for Religious and Ethnic Affairs.

Officials warned Pastor Goncharenko that the Church was breaking the law
and that prosecution could follow. They reaffirmed their insistence that
the Church must pay the tax demands from Moscow District's Housing Repairs
and Utilities Association (see below). Officials made no mention of any
compensation for the seized building.

In the report on the meeting published on the Church's website the
following day, Pastor Goncharenko noted that the atmosphere of the meeting
was "not straightforward". He highlighted that the officials talked
dismissively about the Church, describing their earlier hunger strikes in
defence of their place of worship
(https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D865&source=gmail&ust=1630799742194000&usg=AFQjCNFR3W2b96Gb-Sp0SRxmytZ456J5cg">https://www.forum18.org/archive.php?article_id=865) as "unacceptable".

"None of them mentioned the huge amount of work the church has done for the
city," Pastor Goncharenko noted.

Warning letters

On 23 July, Valentin Konoplyov, a Deputy Head of Minsk's Moscow District
Administration, warned the Church in a letter (seen by Forum 18) against
holding what it called "unauthorised meetings". He noted that the Church
had never sought permission for its outdoor meetings.

A 5 August letter, signed by a Deputy Head of Minsk City Executive
Committee Artyom Tsuran (and seen by Forum 18), reminded Pastor Goncharenko
that he and Church members are liable for punishment for holding such
meetings without state approval.

Tsuran said they could be prosecuted for violating Article 24.23, Part 2 of
the Administrative Code ("Violation of the procedure for organising or
conducting a mass event or demonstration"). This carries punishment of a
fine, community service or a short-term jail term.

In the case of systematic violation, Tsuran reminded him, Pastor
Goncharenko and Church members could face prosecution under Article 342,
Part 1 of the Criminal Code ("Organising group actions grossly violating
public order and accompanied by clear failure to submit to legal demands of
officials"). This carries a maximum punishment of four years' imprisonment.



Noise complaints

The 23 July and 5 August letters to New Life Church refer to alleged
complaints from residents living near the church car park where the
congregation holds open-air worship services for an hour each Sunday.
"Complaints have been lodged from residents of Minsk's Moscow District
about public religious events held in the open area at the address Kovaleva
72 with the use of loudspeakers," the 5 August letter maintains.

Asked whether the Church had received any complaints, Pastor Goncharenko
said that only once had they received an e-mail about loud music. "We
turned the loudspeakers down immediately after the complaint," he told
Forum 18.

Pastor Goncharenko added that the worship meetings were adjusted to the
convenience of the district residents "starting at mid-day when everyone is
awake and lasting for an hour". "We don't know if people lodge complaints
with the administration, but there are a lot of people who express their
sympathy," the pastor commented.

The city authorities refused to discuss with Forum 18 whether local
residents had indeed complained about any inconveniences caused by New Life
Church's hour-long Sunday meetings for worship in the church car park.

Alternative venues – too expensive, too distant and too small

In the 5 August letter, Tsuran of Minsk City Executive Committee offered
New Life Church two possible premises to rent for meetings for worship.
Both Houses of Culture are located in south-eastern Minsk, while the
community is currently based in the south-western part of the city.

Pastor Goncharenko complained that the meeting places officials are
offering are not suitable for the Church as they are located too far from
where most church members live. "One of them is too expensive and the other
is too small to accommodate all of our members," he explained to Forum 18
on 24 August. "Our church lives on donations which may not be regular, so
paying rent compared to owning a building is not secure."

Demand for land tax

Echoing the demand made at the 14 July meeting, Tsuran's 5 August letter
repeats the demand that New Life Church pay the land tax for the whole
period while the Church used its building, in the amount of 458,918.22
Belarusian Roubles (1,600,000 Norwegian Kroner, 155,000 Euros or 180,000 US
Dollars). Unless the Church pays this sum, the authorities will not allow
it to build a new place of worship.

Under the Presidential Decree on Tax Exemption of Religious Organisations
of 1 December 2005, New Life Church is not subject to land and property
taxes. However, this privilege does not extend to the Housing Repairs and
Utilities Association, to which the city administration handed the Church's
land in 2005 and its building in 2009. The Housing Repairs and Utilities
Association shifted the burden of taxation to the Church, sending eviction
demands to the economic courts
(https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D2284&source=gmail&ust=1630799742194000&usg=AFQjCNEONsDv00uClygu2dRh8zu-Cis-oQ">https://www.forum18.org/archive.php?article_id=2284).

Pastor Goncharenko described the sum of money demanded from the Church as
"huge". He insisted to Forum 18 that the Church does not intend to pay this
sum, referring to the Presidential Decree exempting religious organisations
from tax. "They think we are rich, but were it so we wouldn't have bought a
cowshed for our worship meetings in the first place," he joked bitterly.

The chief accountant of the Housing Repairs and Utilities Association of
Minsk's Moscow District, Irina Osipova, refused to answer any questions and
referred Forum 18 to the Association's Head, Maksim Tishuk. Reached on 1
September, he too refused absolutely to answer any questions by phone.

Other communities face state-imposed debts

Despite the 2005 Presidential Decree exempting registered religious
organisations from tax, the state lets out historical religious buildings
it owns to religious organisations, requiring them to pay for the land and
buildings they use.

The Catholic Church of Saints Simon and Helena (known locally due to its
brickwork as the Red Church) in central Minsk also belongs to the City
Executive Committee. It claimed in December 2019 that the parish owed its
building agency Minsk Property
(https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D2591&source=gmail&ust=1630799742194000&usg=AFQjCNGcQjPgPUf_7NEo8epHw7oVOiGIlw">https://www.forum18.org/archive.php?article_id=2591) more than 160,000
Belarusian Roubles (585,000 Norwegian Kroner, 55,000 Euros, or 65,000 US
Dollars) for restoration work and tax. It also demanded just under 13,000
Belarusian Roubles (47,500 Norwegian Kroner, 4,500 Euros, or 5,300 US
Dollars) a month as rent.

The parish did not pay the debt, hoping to resolve the issue by
negotiation. However, by May 2021 the debt Minsk Property was demanding
from the parish had risen to 350,000 Belarusian Roubles (1,200,000
Norwegian Kroner, 118,000 Euros, or 140,000 US Dollars), Euroradio.fm noted
on 12 May. By then, the parish had collected two cardboard boxes containing
20,000 signatures on a petition to the Presidential Administration calling
for the building to be handed over to Church ownership.

Increased state control of "mass events"

Due to political opposition protests, the regime has tightened control over
any activities involving large numbers of people, which also affects public
religious events.

On 26 June, amendments to the 1997 Mass Events Law came into force. Mass
events can now be organised only after obtaining permission from the local
authorities, who are entitled to determine the place and to change the
nature of a proposed mass event. Broadcasting live an event held without
authorisation is prohibited.

Organisers and ordinary people are not allowed to call publicly for,
announce in the media or on the internet, or distribute leaflets and other
materials before officials authorise a mass event. If a leader of an
organisation does so, the organisation itself is obliged to announce its
disapproval of these actions in the media, otherwise it will be punished in
accordance with the law.



The regime also punishes financing, rendering services and compensation of
expenses related to a mass event held with violations of the law.

These requirements also restrict the public exercise of freedom of religion
or belief. "Though there is no direct reference to religious organisations,
it could in practice be interpreted more widely, meaning that it may also
affect religious organisations," a Minsk-based human rights lawyer
commented to Forum 18.

"If a religious organisation refuses to change an event (for example,
instead of a march or a pilgrimage to hold an ordinary religious service),
most likely it will not be allowed," the lawyer added.

In January 2019, the Council of Ministers adopted Decree No. 49 "On the
procedure of payment for public security provided by Police, for healthcare
services, for cleaning venue after the public event" which requires payment
in advance for police, healthcare and cleaning services
(https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D2503&source=gmail&ust=1630799742194000&usg=AFQjCNG2uB3gWKVXpML3xlvMvUELry1Uaw">https://www.forum18.org/archive.php?article_id=2503). The Decree sets the
price list depending on the number of participants.

The authorities selectively use the Decree depending on their attitude to
the religious community. In 2019 Greek Catholics had to cancel their
regular pilgrimage from Vitebsk to Polotsk
(https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D2503&source=gmail&ust=1630799742194000&usg=AFQjCNG2uB3gWKVXpML3xlvMvUELry1Uaw">https://www.forum18.org/archive.php?article_id=2503) over the
"unaffordable" fee, while Catholic Corpus Christi processions were held
without the authorities levelling any charges.

Events cancelled – or postponed?

Officials often use the coronavirus pandemic as a reason for cancelling
large religious events. However, restrictions appear to be imposed
selectively. In 2021, the traditional organised pilgrimage on foot to the
Catholic shrine at Budslav north of Minsk was cancelled, though services
were held at the shrine on 2 and 3 July. Laypeople were invited to come
individually.

However, an Orthodox five-day Cross Procession from Mogilev to Mstislavl in
eastern Belarus is planned to begin on 5 September.

The traditional international religious music festival Mahutny Bozha
(Mighty God), which has been held in Mogilev since 1993, since 2011 once
every two years, should have been held in 2021. The festival was last held
in 2019.

Asked on 31 August 2021 why the Mahutny Bozha festival had been cancelled
in 2021, the Head of the Culture Department of Mogilev City Executive
Committee Marina Klepchukova assured Forum 18: "Of course, it is not
cancelled, just postponed until next year because of the pandemic."

Asked why the Slavic Bazaar international arts festival in Vitebsk had not
been cancelled or postponed, Klepchukova pointed out that it was more for
Belarusian people and recommended Forum 18 to ask the Vitebsk authorities.

Catholic journalist Maksim Hacak regards this as an excuse. "The pandemic
is not an obstacle to holding official events," he commented to Forum 18 on
31 August. "It stands in the way only of opposition and unofficial
activities."

The Mahutny Bozha festival's title is closely associated with the hymn
Mahutny Bozha (Mighty God), which since August 2020 has often been sung by
protestors against the regime's election falsification and violence.  The
Lukashenko regime has tried to suppress singing of the hymn. Police raided
Minsk's Catholic cathedral after the congregation sang the hymn
(https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D2674&source=gmail&ust=1630799742194000&usg=AFQjCNFkmiFgqOX8NG6QKHaPBa4G1tTizw">https://www.forum18.org/archive.php?article_id=2674) at the end of Mass on
3 July 2021.

Organisations liquidated

In July, the regime ordered liquidated more than 50 non-governmental
organisations, allegedly on the grounds of foreign financing.

Vedanta Veda was a private educational society connected to the Hare
Krishna community in Mogilev which gave lectures to those interested in
Veda culture and philosophy. It was registered in March 2011. The local
Administration initiated its liquidation on 14 July 2021.

Dmitry Ivashkov, a Vedanta Veda leader, complained that he received a
liquidation order accusing him of illegal business activities. "The real
reasons are unknown to me and the response from the Prosecutor's Office to
my inquiry did not clear up this issue," he told Forum 18 on 31 August.

Also ordered liquidated was Human Constanta human rights advocacy centre in
Minsk, founded in 2016. Minsk City Executive Committee initiated its
liquidation on 22 July. Human Constanta had defended the rights of a
Jehovah's Witness who had sought protection in Belarus
(https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D2562&source=gmail&ust=1630799742194000&usg=AFQjCNFP8XkQ1kDjM0CP3s41cgdt-lZOCw">https://www.forum18.org/archive.php?article_id=2562) from criminal
prosecution in his native Russia to punish him for exercising freedom of
religion or belief.

Among other liquidated (and therefore banned) organisations are two
established by Protestants. Family and Children Support Centre in Bobruisk,
which included volunteers from various Christian communities, addressed
family rights issues and helped families with many children. It was
registered in February 2014. The local Administration initiated its
liquidation on 13 July 2021.

Also ordered liquidated was ACET (AIDS Care Education Training), an
educational centre based in Orsha and supported by volunteers from local
Protestant churches. It was registered in July 2007. The local
Administration initiated its liquidation on 7 July 2021. (END)

Full reports on freedom of thought, conscience and belief in Belarus
(https://www.google.com/url?q=https://www.forum18.org/archive.php?query%3D%26religion%3Dall%26country%3D16&source=gmail&ust=1630799742194000&usg=AFQjCNGWUpKmlezOf70t-NtICB-aCbcZLg">https://www.forum18.org/archive.php?query=&religion=all&country=16)

For more background, see Forum 18's Belarus religious freedom survey
(https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D2612&source=gmail&ust=1630799742194000&usg=AFQjCNHR_dIrnok_H4ewKmjpbiIbJRXviA">https://www.forum18.org/archive.php?article_id=2612)

Forum 18's compilation of Organisation for Security and Co-operation in
Europe (OSCE) freedom of religion or belief commitments
(https://www.google.com/url?q=https://www.forum18.org/archive.php?article_id%3D1351&source=gmail&ust=1630799742194000&usg=AFQjCNH5163jngCRJ1Z3WoAEvLb5YLn9EQ">https://www.forum18.org/archive.php?article_id=1351)

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