Source: www.forum18.org
Date: April 4, 2024
https://www.forum18.org/archiv
By Felix Corley, Forum 18
The regime is known to have brought at least 192 administrative
prosecutions in 2023 - an average of 16 per month - to punish individuals
and organisations for their exercise of freedom of religion or belief. This
is the highest level of prosecution since 2017. Of these, 168 ended with
convictions and punishments. Almost all of the punishments included fines
of between several weeks' and several months' average wages. Administrative
prosecutions have continued in 2024.
More than a third of the 2023 cases were (as in previous years) to punish
individuals for posting religious messages, texts and recordings on their
social media accounts without state permission (see below).
The next biggest set of cases (as in previous years), a quarter of the 2023
total, punished individuals for offering religious literature for sale
without state permission, either in shops or online (see below).
For the second year running, prosecutions were brought for having religious
books, although this is not an offence. One charity was acquitted, but an
individual was fined (see below).
In one case, a religious picture seized from an individual offering it for
sale online was ordered destroyed. Unlike in previous years, courts in 2023
are not known to have ordered religious literature to be destroyed (see
below).
The 192 known administrative cases in 2023 show an increase from 2022 in
the number of prosecutions. However, the true number of such administrative
cases is likely to be higher.
The 192 known administrative prosecutions for exercising freedom of
religion and belief in the 2023 calendar year compare with:
- 144 in 2022 (https://www.forum18.org/archi
- 130 in 2021 (https://www.forum18.org/archi
- 134 in 2020 (https://www.forum18.org/archi
- 168 in 2019 (https://www.forum18.org/archi
- 171 in 2018 (https://www.forum18.org/archi
- and 284 in 2017 (https://www.forum18.org/archi
Punishments in 2023 included temporary bans on specified or unspecified
activity, verbal reprimands, and fines for among other things posting
religious materials online, selling Bibles, Korans, and icons online, as
well as teaching children to read the Koran without state permission,
trying to import religious books, and saying the word Amen in mosques –
and even having religious books, although this is not an offence. One
foreign citizen was ordered deported. In one case, a religious picture was
ordered destroyed. Unlike in previous years, courts in 2023 are not known
to have ordered religious literature to be destroyed (for full list see
forthcoming F18News article).
Commercial and private sellers, as well as Muslims, Jehovah's Witnesses and
Protestants, were among the individuals targeted in these prosecutions.
Also targeted were business and charities.
Fines were mostly the equivalent of between three weeks' and four months'
average wages for those in formal work (35 to 200 Monthly Financial
Indicators, MFIs, 120,750 Tenge to 690,000 Tenge in the 2023 calendar
year).
The Information and Social Development Ministry (of which the Religious
Affairs Committee (https://www.forum18.org/archi
a part) claimed that there had been 139 cases under Administrative Code
Article 490 in 2023, according to Kazinform news agency on 12 January. It
is unclear why the Ministry claimed there were fewer cases than the 192
known cases brought in 2023 to punish the exercise of freedom of religion
or belief.
Forum 18 tried to find out from the regime's Human Rights Commissioner
Artur Lastayev why individuals and organisations are punished for
exercising freedom of religion or belief. Forum 18 asked in writing before
the start of the working day of 26 March (and re-sent on 3 April) why
people are fined for religious meetings, selling or importing religious
books, posting religious materials on social media, praying in mosques with
the word Amen. Forum 18 asked why courts give orders to confiscate and/or
destroy religious books and order deportation for foreign nationals if they
speak about their faith.
Forum 18 also asked how many appeals regarding such administrative
punishments were there to the office of the Human Rights Commissioner in
2023, what the Commissioner does to protect the right of individuals to
freedom of religion or belief and what recommendations he gave (if any) to
the government to remove provisions in the Administrative Code specifying
punishment for those who exercise their right to freedom of religion or
belief.
Forum 18 received no response from the Human Rights Commissioner's office
by the end of the working day in Astana of 4 April. (The Global Alliance of
National Human Rights Institutions gives the Human Rights Commissioner's
office B status as it is not independent of the regime.)
No one was available at the regime's Religious Affairs Committee
(https://www.forum18.org/archi
to explain to Forum 18 why individuals and organisations continue to be
punished for exercising freedom of religion or belief. Yerzhan Nukezhanov,
chair of the Religious Affairs Committee
(https://www.forum18.org/archi
phone. A Deputy Chair Bauyrzhan Bakirov told Forum 18 that the subject of
administrative prosecutions was not within his remit. He referred all
questions to the other Deputy Chair, Anuar Khatiyev. Khatiyev did not
answer his phone (see below).
Beimbet Manetov, head of the Religious Affairs Committee
(https://www.forum18.org/archi
Enforcement Practice in the Field of Religious Activities, also did not
answer his phone. He had insisted to Forum 18 in February 2022 that
individuals had to be fined if they break the law. Asked why courts punish
individuals for exercising freedom of religion or belief, he responded: "I
can't comment on court decisions" (see below).
Police "Struggle with Extremism and Terrorism Departments" hunt "offenders"
In 2023, Police "Struggle with Extremism and Terrorism Departments"
(https://www.forum18.org/archi
court decisions (compared with 22 in 2022) as discovering that individuals
have committed an "offence", though they may have been involved in more
without this being noted in court decisions.
The regime's censorship of religious literature and objects
(https://www.forum18.org/archi
can be sold or offered, and where it can be sold or offered.
"Illegal" online sales
At least 7 individuals are known to have been prosecuted in 2023 for
offering religious books or materials for sale online. This represents a
fall in the number of such cases in the previous three years: (9 in 2022
(https://www.forum18.org/archi
(https://www.forum18.org/archi
(https://www.forum18.org/archi
(https://www.forum18.org/archi
(https://www.forum18.org/archi
(https://www.forum18.org/archi
Many were punished for offering such materials for sale on the online
shopping site Olx.kz.
Among the items Olx.kz lists on the help section of its website as being
illegal to sell are "Religious literature, other informational materials of
religious content and items of religious significance". The website appears
to have added this information in late 2020, after a number of prosecutions
that year (https://www.forum18.org/archi
Many court decisions punishing individuals for offering religious books or
items for sale on Olx.kz or Instagram note that such a platform is "a place
not associated with a special stationary premises for distribution of
religious literature in accord with a decree of the Akimat
[Administration]."
"To restore social justice"?
The March 2023 court decision in the case of Bakhytkul Kosmambetova in
Baikonur explains the state's purpose in punishing people for exercising
freedom of religion or belief in ways the state has not given permission
for.
The decision (echoing the wording of 3 other such decisions in 2023) noted
that "the court took into account her identity, property situation, and in
order to restore social justice, to educate her in the spirit of compliance
with the requirements of laws and respect for law and order, as well as to
prevent her from committing a new offence".
Destroying religious materials
Police and other officials often seize religious books and materials when
they initiate administrative cases involving religious literature and
items. Some court decisions note that the literature and items are to be
returned once any fine is paid. Other court decisions do not say what would
happen to the seized books. In many cases, courts order seized religious
literature to be returned.
In one case in 2023, a religious picture being offered for sale online was
ordered destroyed. Unlike in previous years, courts in 2023 are not known
to have ordered religious literature to be destroyed.
In two known cases in 2022, courts ordered religious literature to be
destroyed. Although Karaganda Inter-District Specialised Administrative
Court closed the case on 31 May 2022 against Ruslan Aliyev, the Judge
ordered one copy of the Muslim book "Gardens of the Righteous" by
thirteenth-century scholar Imam al-Nawawi seized during a house search to
be destroyed. The Religious Affairs Committee
(https://www.forum18.org/archi
said it was banned in Kazakhstan.
Similarly, on 12 September 2022 Aktau Specialised Administrative Court
ordered three Islamic books – including one on how to pray the namaz -
seized from commercial seller Dilora Adilova to be destroyed. She had been
offering them for sale in a shop without state permission.
In three known cases in 2020, courts ordered seized religious books to be
destroyed (https://www.forum18.org/archi
such court orders to destroy seized religious literature were more common.
In one case in Kyzylorda, 29 Muslim books seized from a commercial seller
(https://www.forum18.org/archi
destroyed.
Human rights defender Yevgeny Zhovtis of the Kazakhstan International
Bureau for Human Rights and the Rule of Law described court-ordered book
destruction to Forum 18
(https://www.forum18.org/archi
"barbarism".
Targeting ethnic Dungan Koran teachers
Two Muslims from the Dungan ethnic minority, in Kordai District of the
southern Zhambyl Region, who taught the Koran and Islam to local children
were among the 12 individuals known to have been prosecuted in 2023 for
teaching their faith without state permission.
The prosecution of the two brings to 15 the number of ethnic Dungan Muslims
from Kordai District who have since 2018 been punished under Administrative
Code Article 490, Part 3, for teaching children to read the Koran without
state permission (https://www.forum18.org/archi
Maksat Erezhepov, then-head of Kordai District Police, claimed to Forum 18
in April 2021 (https://www.forum18.org/archi
there was no "ethnic factor" in the proportionately unusually high
prosecutions of Dungans relative to other people groups.
The current head of Kordai District Police, Alimkhan Karymsakov, refused to
say why ethnic Dungan Koran teachers continued to be punished in 2023, and
whether there was any "ethnic factor" in the prosecutions. "I won't answer
any questions by phone," he told Forum 18 on 3 April 2024 and put the phone
down.
Punishments
Fines are the most common punishment, with fines for individuals mostly
being between three weeks' and two months' average wages. For pensioners
and those without formal work, such fines can be a heavy burden.
Individuals who are punished for offering religious materials for sale
online often tell the courts that they are desperately short of money and
are trying to sell any property they no longer need. This does not stop
judges from fining them.
In addition to fines, courts often ban individuals from activity for three
months. Sometimes the ban is unspecific, leaving individuals unclear about
what they can and cannot do. In other cases courts ban specific activities,
for example distributing religious materials (which is in any case illegal
without state permission). The hardest-hitting bans are on those running
shops, as a three-month ban leaves owners and employees with no income from
the shop.
Those who refuse or fail to pay fines can be placed on the list of debtors
who are banned from leaving the country
(https://www.forum18.org/archi
Baptists refuse to pay fines on principle, as under international human
rights law they should not be punished for exercising their right to
freedom of religion or belief without state permission
(https://www.forum18.org/archi
the exit ban list (see below).
Case never presented to court
On three occasions in July and August 2023, police, the National Security
Committee (NSC) secret police
(https://www.forum18.org/archi
(administration) officials visited the Council of Churches Baptist
congregation in Temirtau in Karaganda Region as it was meeting for worship.
Like all Council of Churches congregations, it chooses not to seek state
permission to meet for worship.
"The officials became angry, began filming, and demanded that the church
members register the church with the Justice Department," church members
noted on 3 September 2023.
On 31 August 2023, an anti-extremism official, who did not give his name
but was possibly from the Akimat, came to the home where the church meets.
He called the police and the NSC secret police
(https://www.forum18.org/archi
Marat Rymbekov then drew up a record of an offence under Administrative
Code Article 490, Part 1 against the church's pastor, Dmitry Yantsen. He
was accused of leading the meeting for worship on the previous Sunday, 27
August 2023.
"The most surprising thing was that Dmitry Yantsen was travelling and on
that day was 500 kilometres [300 miles] away from the town," church members
noted.
"Church members prayed and sent in appeals about the case," Yantsen told
Forum 18 from Temirtau on 27 March 2024. "Officials never presented the
case to court. I rang the police to ask when the case would reach court.
They told me they didn't know and that the leadership would take the
decision. It seems they decided not to proceed, but never explained the
reason to me." The deadline for officials to file the case has now expired.
Intimidation
In addition to the administrative cases actually brought, police and
prosecutors often use the threat of such cases to intimidate individuals
who have been exercising their right to freedom of religion or belief.
Jehovah's Witnesses noted in late 2022 that 25 had been warned over alleged
violation of Administrative Code Article 490 by engaging in "illegal
missionary activity". "The authorities required them and seven other
Witnesses to write statements explaining why they sent letters or made
phone calls as part of their evangelizing work and pressured them to
discontinue the practice," Jehovah's Witnesses said.
Known 2023 cases
Known administrative cases for exercising freedom of religion and belief in
the 2023 calendar year totalled 192 (in comparison to - 144 in 2022
(https://www.forum18.org/archi
- 130 in 2021 (https://www.forum18.org/archi
2020 (https://www.forum18.org/archi
(https://www.forum18.org/archi
(https://www.forum18.org/archi
(https://www.forum18.org/archi
2023 were:
- 25 (20 individuals, 4 companies, and 1 charity) for meeting for worship
without state permission, hosting such meetings or maintaining places for
such meetings (26 in 2022, 30 in 2021, 19 in 2020, 37 in 2019, 40 in 2018,
88 in 2017).
- 4 individuals for offering religious materials to others for free without
state permission (1 in 2022, 3 in 2021, 4 in 2020, 15 in 2019, 10 in 2018,
39 in 2017).
- 2 (1 individual and 1 charity) for having religious literature (2 in
2022, 0 in 2021, 0 in 2020, 0 in 2019, 0 in 2018, 0 in 2017).
- 41 individuals for offering religious literature or other items for sale
without state permission (31 in 2022, 18 in 2021, 26 in 2020, 30 in 2019,
34 in 2018, 58 in 2017).
- 7 individuals for offering religious literature or other items for sale
online without state permission (9 in 2022, 18 in 2021, 29 in 2020, 24 in
2019, 18 in 2018, 10 in 2017).
- 67 individuals for posting religious materials online without state
permission (54 in 2022, 40 in 2021, 28 in 2020, 33 in 2019, 23 in 2018, 12
in 2017).
- 7 individuals for trying to import religious literature without state
permission (6 in 2022, 0 in 2021, 1 in 2020, 4 in 2019, 0 in 2018, 4 in
2017).
- 13 individuals for sharing faith with others without state permission (3
in 2022, 3 in 2021, 10 in 2020, 8 in 2019, 17 in 2018, 31 in 2017).
- 13 Muslims for praying in mosques in ways that the state-controlled
Muslim Board has banned, for example by using the word "Amen"
(https://www.forum18.org/archi
2021, 9 (one twice) in 2020, 9 in 2019, 21 in 2018, 22 in 2017, the first
year such punishments were imposed).
- 12 (10 individuals and 2 charities) for teaching their faith to children
without state permission (8 in 2022, 6 in 2021, 7 in 2020, 4 in 2019, 3 in
2018, 2 in 2017).
- 1 individual for allowing children to be present or conducting religious
rites against the wishes of one parent (0 in 2022, 0 in 2021, 0 in 2020, 1
in 2019, 1 in 2018, 9 in 2017).
All the 192 known 2023 cases were heard in court. Forum 18 is not aware of
any fines summarily handed down by police
(https://www.forum18.org/archi
in 2021, 3 in 2020, 20 in 2019).
No individuals are known to have been prosecuted in 2023 for trying to
build a place of worship without state permission (1 in 2022, 0 in 2021, 0
in 2020, 0 in 2019, 0 in 2018, 0 in 2017).
No religious communities are known to have been prosecuted in 2023 for
"inadequate" security or security measures for their places of worship, for
example not having enough video cameras (0 in 2022, 0 in 2021, 0 in 2020, 2
in 2019, 2 in 2018, 5 in 2017).
No individuals are known to have been prosecuted in 2023 for failing to pay
earlier fines to punish them for exercising the right to freedom of
religion or belief without state permission (0 in 2022, 0 in 2021, 0 in
2020, 0 in 2019, 2 in 2018, 2 in 2017).
One foreign citizen is known to have been ordered deported in 2023 (2 in
2022, 0 in 2021, 0 in 2020, 0 in 2019, 1 in 2018, 2 in 2017).
Exit bans for earlier fines being lifted
When individuals fail or refuse to pay fines, their cases are handed to
court bailiffs to recover the money. They can order funds to be deducted
from wages, seize property in lieu, and ban individuals from leaving the
country until a fine is paid. Those who refuse to pay repeated fines can
remain on the exit ban list for many years.
Council of Churches Baptists refuse to seek state permission to exercise
freedom of religion or belief (as is their right under international human
rights commitments). They also refuse to pay fines handed down to punish
them for exercising freedom of religion or belief.
Council of Churches Baptists who have refused to pay earlier fines for
exercising freedom of religion or belief remained for years on the Justice
Ministry list of debtors and were banned from leaving the country
(https://www.forum18.org/archi
of several Baptists fined in earlier years who still have outstanding fines
to pay off (such as Vladimir Nelepin and Sergei Krasnov, both from Oral,
and Denis Yenenko from North Kazakhstan Region) are listed as not banned
from leaving the country.
Nikolai Novikov from Oral told Forum 18 on 3 April that the ban on
travelling abroad imposed on him in 2010 because of unpaid fines had been
lifted in summer 2023. Courts have repeatedly fined him over many years for
exercising freedom of religion or belief. (His most recent fine was in
January 2021 for offering religious literature for free on the streets
(https://www.forum18.org/archi
been lifted after the last court-ordered deduction from his wages to pay
off the fines.
"I can't comment on court decisions"
Forum 18 tried to find out from the regime's Religious Affairs Committee
(https://www.forum18.org/archi
Information and Social Development Ministry in the capital Astana) why
individuals and organisations continue to be punished for exercising
freedom of religion or belief.
The telephone of Religious Affairs Committee
(https://www.forum18.org/archi
Nukezhanov went unanswered each time Forum 18 called on 3 and 4 April. On 3
April, a Deputy Chair Bauyrzhan Bakirov told Forum 18 that the subject of
administrative prosecutions was not within his remit. He referred all
questions to the other Deputy Chair, Anuar Khatiyev. Khatiyev did not
answer his phone on 3 or 4 April.
Beimbet Manetov, head of the Committee's Department of Law Enforcement
Practice in the Field of Religious Activities, did not answer his phone on
3 or 4 April.
Asked in February 2022 about such administrative fines in 2021, Manetov
insisted to Forum 18 that individuals had to be fined if they break the law
(https://www.forum18.org/archi
punish individuals for exercising freedom of religion or belief, he
responded: "I can't comment on court decisions."
Cases continue in 2024
Police at Turkistan Airport seized a total of 99 religious books from five
residents of the southern Turkistan Region who had arrived on a flight from
Istanbul. A court then fined each of the men 50 MFIs under Administrative
Code Article 490, Part 1 for trying to bring in religious literature which
had not undergone state censorship, the Interior Ministry's Polisia.kz
website noted on 31 January.
Azet Serikbayev, the spokesperson for the courts in Turkistan Region, told
Forum 18 on 27 March 2024 that "I can't provide information on cases to
third parties who have no relationship to the case".
Police at Turksib station in the southern Zhambyl Region inspected the
train travelling from the Kyrgyz capital Bishkek to the Russian city of
Samara where it crosses into Kazakhstan. They seized religious literature
from a Kyrgyz passenger. A local court then fined the 19-year-old woman 70
MFIs under Administrative Code Article 490, Part 1 for trying to bring in
religious literature which had not undergone state censorship, the Interior
Ministry's Polisia.kz website noted on 20 February. (END)
More reports on freedom of thought, conscience and belief in Kazakhstan
(https://www.forum18.org/archi
For background information, see Forum 18's Kazakhstan freedom of religion
or belief 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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