Source: www.forum18.org
Date: October 26, 2023
https://www.forum18.org/archiv
By Mushfig Bayram, Forum 18
For the second time, a court in the northern Chuy Region has convicted
Protestant Aytbek Tynaliyev of "inciting religious enmity" for social media
posts where he shared his faith and questioned the authorities' religious
policy. In August 2022 he was fined. On 4 July 2023, the same court jailed
him for just over six months. Taking account of his pre-trial detention, he
was freed on 13 September at the end of his term.
In his July conviction, prosecutors focused on his posts on the Decree on
regulating family ceremonies and commemorative rituals, signed by President
Sadyr Japarov on 24 February 2022. Among the questions directed to the
authorities, Tynaliyev asked: "Why is slaughtering animals for the living
not beneficial or not recommended, while saying prayers from the Koran for
the dead is beneficial?" (see below).
The two Justice Ministry religious "experts", who appeared in court to
support the prosecution case, were unable to explain to Forum 18 why they
considered Tynaliyev's comments represented "disinformation about the
religion of Islam" (see below).
Judge Almazbek Jooshbekov of Moscow District Court refused to explain to
Forum 18 why he jailed Tynaliyev (see below).
Prosecutor Kaliya Rysbek kyzy of Moscow District Prosecutor's Office, who
represented the prosecution in court, declined to answer Forum 18's
questions on why officials searched Tynaliyev's home, confiscated his
Christian books, why he was arrested and imprisoned, what exact crime
Tynaliyev committed and why she asked the Court for a two-year prison term
for him (see below).
Just after his September release, District Police Investigator Kiyal
Abdykulov, who had led a raid and search on his home in May, returned to
warn Tynaliyev "to be careful and not post religious materials or
statements on social media" (see below).
As he returned eight Christian books police seized from Tynaliyev in May,
Investigator Abdykulov added that the "authorities could have opened
another case against you for keeping religious literature at home illegally
but decided not to". Keeping religious literature at home is not illegal
(see below).
Investigator Abdykulov did not explain to Forum 18 why he warned Tynaliyev
after his release from prison (see below).
Tynaliyev told Forum 18 that he is "afraid" and has stopped sharing his
faith or questioning the authorities' official religious policy on social
media (see below).
39 mosques, 21 religious schools closed
The National Security Committee (NSC) secret police informed the public in
early August it closed 39 mosques and 21 religious schools in Osh Region
for not having official registration. It gave no details (see forthcoming
F18 article).
The State Commission for Religious Affairs
(https://www.forum18.org/archi
continues to refuse state registration to Jehovah's Witness communities,
especially in southern Kyrgyzstan. It "currently refrains from registering
the local organisations of Jehovah's Witnesses in Osh, Batken and
Jalal-Abad regions, because of the conflicts between the local people in
those areas and Jehovah's Witness communities", the SCRA claimed in a 10
August response to Forum 18 (see forthcoming F18 article).
2022 prosecution, fine
Police opened a criminal case against Protestant Aytbek Tynaliyev in the
town of Belovodskoe in the northern Chui Region and searched his flat in
June 2022. The criminal case and house search followed a 7 June Justice
Ministry "expert analysis" which found that three of his Facebook posts up
to May 2022 were "extremist". They allegedly "discredited the honour of
Muslims and spread a negative attitude to the public about Islam in
general," and "damaged the reputation of President [Sadyr Japarov]" and
other officials.
On 8 August 2022, Judge Emilbek Kaipov of Moscow District Court found
Tynaliyev guilty under Criminal Code Article 330
(https://www.forum18.org/archi
racial, ethnic, national, religious or inter-regional enmity (discord)"),
Part 1, for the three social media posts. The Judge fined him 100,000 Soms
(https://www.forum18.org/archi
eight months' average wages.
May 2023 police house search, arrest
Aytbek Tynaliyev continued to post messages online. In Facebook posts
between December 2022 and April 2023, he criticised the Decree on
regulating family ceremonies and commemorative rituals, signed by President
Sadyr Japarov on 24 February 2022. Among the questions directed to the
authorities, Tynaliyev asked: "Why is slaughtering animals for the living
not beneficial or not recommended, while saying prayers from the Koran for
the dead is beneficial?"
Tynaliyev also posted messages on a Protestant Christian Instagram platform
sharing his faith and thoughts on Christian beliefs.
Eight months after Aytbek Tynaliyev's first conviction and fine, some eight
officers of Chuy Region's Moscow District Police came again to his home in
the town of Belovodskoe on 20 May 2023. The officers were led by District
Police Investigator Kiyal Abdykulov.
"They searched our flat and confiscated eight Christian books from me,"
Tynaliyev told Forum 18 on 24 October. "Then they took me to the District
Police station, where I was questioned on why I kept criticising the
authorities' religious policies and why I conducted religious propaganda."
Police also confiscated his mobile phone.
Officers told Tynaliyev that a criminal case had been opened against him,
and that he would remain in police custody until his trial. Moscow District
Police held him from 20 May until early June, when they transferred him to
Investigation Prison No. 1 in the capital Bishkek.
Investigator Abdykulov was reluctant to talk about the case. "We are not
against his religion but I cannot discuss the case with you," he told Forum
18 from Chuy Region on 24 October. When Forum 18 insisted, asking why
Tynaliyev was imprisoned for criticising official religious policy and for
practicing his faith and sharing it on social media, Abdykulov replied:
"Please, write a letter to the Interior Ministry." He then declined to
talk.
"Religious enmity" charges
Prosecutors deemed Tynaliyev's messages and statements on social media as
"discrediting Islam" and "sowing inter-religious discord", according to the
subsequent court decision.
Prosecutors brought charges against Tynaliyev under Criminal Code Article
330 (https://www.forum18.org/archi
racial, ethnic, national, religious or inter-regional enmity (discord)"),
Part 1, which carries a maximum five-year jail term. The case was then
handed to Moscow District Court of Chuy Region, based in the town of
Belovodskoe. The case was assigned to Judge Almazbek Jooshbekov.
Trial, six-month jail term
At the first hearing in Aytbek Tynaliyev's trial at Moscow District Court
in Belovodskoe on 20 June, Judge Almazbek Jooshbekov postponed the case as
the religious "experts" were unable to be present.
At the second hearing on 4 July, Judge Jooshbekov found Tynaliyev guilty
under Criminal Code Article 330
(https://www.forum18.org/archi
racial, ethnic, national, religious or inter-regional enmity (discord)"),
Part 1. He handed him a general regime prison term of six months and seven
days, according to the verdict seen by Forum 18. Judge Jooshbekov also
ordered the confiscation of Tynaliyev's mobile phone for the benefit of the
state, which had been seized from him as evidence on the day of his arrest.
Prosecutor Kaliya Rysbek kyzy of Moscow District Prosecutor's Office, who
represented the prosecution in court, had sought a two-year jail term for
Tynaliyev.
Prosecutor Rysbek kyzy declined to answer Forum 18's questions on 24
October why officials searched Tynaliyev's home, confiscated his Christian
books, why he was arrested and imprisoned, what exact crime Tynaliyev
committed and why she asked the Court for a two-year prison term for him.
"Where do you get this information?" Rysbek kyzy asked. "I am busy and
cannot talk to you at the moment. Please call back in half an hour, and I
will answer your questions." Called back, the Prosecutor's Office refused
to put Forum 18 through to Rysbek kyzy or other officials. "They are all
busy," the official, who did not give his name, claimed.
Judge Jooshbekov also refused to talk to Forum 18 about the case. Bekbolot
Erkeshov, his Assistant, took down Forum 18's questions on 24 October as to
why Tynaliyev was imprisoned simply for sharing his faith on social media
and questioning the 2022 Presidential Decree. After talking with the Judge,
Erkeshov asked Forum 18 to call back the next day. Called back on 25
October, Erkeshov once again asked Forum 18 to call back the next day since
"the Judge is busy".
(The Council of Judges' Disciplinary Commission reprimanded Judge
Jooshbekov on 6 March 2020
(https://www.koom.kg/index.php
Bishkek for misrepresenting the position of a defendant in his written
verdict.)
Kanatbek Midin uuly, Deputy Chair of the SCRA, refused to comment on
Tynaliyev's imprisonment to Forum 18 on 26 October.
"I was afraid that they could give me more prison time"
After consulting with his family, Tynaliyev decided not to file an appeal
against his prison sentence. "We were afraid to appeal, especially since
the Prosecutor was asking for two years' imprisonment," Tynaliyev told
Forum 18. "Last year they fined me and were threatening me that the next
time they would give me a prison term. And they gave me a prison term. I
was afraid that they could give more prison time if I appeal."
"When I asked what was wrong with my Christian messages, the experts did
not answer"
Two religious "experts" of the Justice Ministry, Jiydegul Semenova and
Medina Tokonova, participated in the trial on 4 July to support the
prosecution case. They told the court that Tynaliyev's questions on his
Facebook account about the slaughtering of cows or lambs during religious
ceremonies is "disinformation about the religion of Islam". They claimed
that, by posting such information, he "discredited the religion of Islam".
Among the questions directed to the authorities on his Facebook account
Tynaliyev asked, "Why is slaughtering animals for the living not beneficial
or not recommended, while saying prayers from the Koran for the dead is
beneficial?"
The Court particularly brought out this question during the trial, as
detailed in the verdict. None of Tynaliyev's other questions or Christian
messages are mentioned in the decision.
"I was critical of the 2022 Presidential Decree where slaughtering of many
cows and lambs during funerals or other religious ceremonies was not
recommended," Tynaliyev explained to Forum 18. "And therefore knowing that
in Islam they pray for the dead from the Koran, and wondering why those who
come to the funeral can pray for the dead person but the authorities think
that it is not normal to eat a good meal at the funeral, I asked the
question. Why must the authorities regulate our faith, our traditions?"
The religious "experts" also claimed in court that Tynaliyev published
religious materials on his social media accounts which "sow discord between
religions". They produced to the court 39 pages, screenshots from
Tynaliyev's Facebook account and from mashayakchi.kg, a Protestant group
account on Instagram.
Tynaliyev told Forum 18 that nine of those screenshots were his questions
directed at the authorities and were related to the Presidential Decree
recommending not to waste money on slaughtering many cattle during
traditional events and religious ceremonies. "The 30 other screenshots were
from the mashayakchi.kg Instagram platform, and were my Christian
messages."
Tynaliyev added: "When I asked in court what was wrong with my Christian
messages in those screenshots, the experts did not answer."
Asked by Forum 18 on 24 October why she deemed Tynaliyev's question on
regulating the slaughter of animals as discrediting Islam, the religious
"expert" Semenova could not answer. Asked which of Tynaliyev's messages on
the instagram account sowed religious discord, she claimed: "I do not
remember at the moment. Please call me back on Monday (six days later), I
will be able to tell you."
"Expert" Tokonova was adamant that Tynaliyev "violated the Law". Asked by
Forum 18 on 25 October what exactly in his one question cited in the court
decision constituted discrediting Islam and what exactly constituted sowing
of religious discord in his post on the Protestant Instagram platform,
Tokonova refused to explain. "I gave my opinion in the court. I am not
going to tell you now."
Told that the court decision states that she considered his questions on
Facebook and messages on Instagram "extremist" but does not specify what
exactly Tynaliyev's crime is, and asked what exactly discredits Islam in
his question "Why is slaughtering animals for the living not beneficial or
not recommended, while saying prayers from the Koran for the dead is
beneficial?", Tokonova replied: "I am not going to talk to you. Write an
official letter to the Ministry."
Tokonova also refused to tell Forum 18 why Tynaliyev's messages on the
Protestant Instagram platform were included in his case file as evidence of
"sowing religious discord".
Warned again after release from prison
On 20 August, once the Court decision entered into force, Tynaliyev was
transferred from prison in Bishkek to Prison No. 8 in Petrovka in Chuy
Region. The Court decision indicates that one day of time in Police
detention is equivalent to two days in prison, so he completed his term on
13 September. He was released from prison that day at the end of his
sentence.
Tynaliyev is not subject to any post-prison restrictions, he told Forum 18.
Nor have his bank accounts been blocked.
After his release from prison, District Police Investigator Kiyal Abdykulov
visited Tynaliyev in his home in Belovodskoe and told him that the
"authorities could have opened another case against you for keeping
religious literature at home illegally but decided not to". Abdykulov
warned him "to be careful and not post religious materials or statements on
social media".
Investigator Abdykulov as a "gesture of good will" returned Tynaliyev's
Christian books seized from his home.
Keeping religious literature at home is not illegal, Forum 18 notes.
Investigator Abdykulov did not explain to Forum 18 why he warned Tynaliyev
after his release from prison.
Tynaliyev told Forum 18 that he is "afraid" and has stopped sharing his
faith or questioning the authorities' official religious policy on social
media.
Decree – first step to adopting law?
Zamir Jooshov, an independent lawyer and a Christian, told Forum 18 that
the authorities "tried in the past to adopt a Law regulating traditions and
religious ceremonies, as in other Central Asian states, but ended up not
adopting such a Law. However, in 2022 the President issued the Decree where
he does not recommend lavish ceremonies and slaughtering of many cattle
animals during religious and other ceremonies, considering it wasteful."
Jooshov commented that "I have not heard of any punishments for violating
the principles of this Decree across Kyrgyzstan. People go on slaughtering
cattle for their weddings and religious ceremonies as they did in the past
without any hesitation. This Decree is probably a first step to adopting a
Law, but no steps are being taken in this direction at the moment."
Kanatbek Midin uuly, Deputy Chair of the SCRA, confirmed to Forum 18 from
Bishkek on 26 October that a Law regulating traditions and ceremonies was
"not adopted". But he declined to discuss whether such a Law is on the
government's agenda in the near future. "I am busy now," he claimed and
asked it to call back in two hours. He did not answer his phones when
called back. (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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