Source: www.forum18.org
Date: September 25, 2020
KAZAKHSTAN: Courts fail to halt seizure of Churches' property
Almaty's New Life Church was not represented when the City Court upheld an
earlier court decision to seize two buildings the Church bought in 1993 and
uses as a spiritual centre. Almaty Justice Department officials responsible
for carrying out the seizure refused to answer questions. A Nur-Sultan
court rejected Grace Presbyterian Church's suit to have annulled an order
seizing their church, and the half-built place of worship of Agape
Pentecostal Church.
KAZAKHSTAN: Courts fail to halt seizure of Churches' property
By Felix Corley, Forum 18
On 17 September, the City Court in the commercial capital Almaty again
upheld an earlier court decision to seize two buildings owned by New Life
Protestant Church, which it uses as a spiritual centre. The Church uses the
centre for prayer meetings and other activities, including offering support
for those suffering from drug and alcohol dependency. The Church bought the
properties in 1993 and the purchase document – seen by Forum 18 – has
the official stamp of the Church confirming its status as the purchaser.
Officials of the Territorial Department for the Transfer of Property in
Favour of the State of the Justice Department in Almaty, who have
responsibility for carrying out the seizure of the Church's two buildings,
have refused to answer Forum 18's questions as to why they are intending to
seize Church-owned property and when they plan to do so (see below).
The Church itself has not been represented at the hearings and will try to
challenge the seizure of its property, its lawyer and its Pastor told Forum
18. Forum 18 was unable to reach the Judge to find out why the Church was
not allowed to be represented (see below).
The Church is planning a complaint to Almaty's Prosecutor's Office and to
the Supreme Court, both against the planned seizure of its property and the
denial of the possibility to take part in the court hearings about its own
property (see below).
"Some of the 15 people being helped live in the houses," the Church's
Pastor Ivan Kryukov told Forum 18 from Almaty. "If the authorities seize
the houses, they'd be put on the street" (see below).
The Church is also seeking the return of the remaining 11 of the Church's
53 computers seized in a March 2016 raid on their Church building as part
of a criminal case against three former Pastors. It appears that the 17
September decision will also release 42 seized computers, as well as money
belonging to New Life Church in nearby Talgar, frozen at the same time (see
below).
Almaty's New Life Church is one of at least three Protestant churches in
Kazakhstan's two largest cities which have in 2020 failed to halt
long-running state attempts to seize their property.
On 7 September, a court in Kazakhstan's capital Nur-Sultan (formerly
Astana) rejected a suit by Grace Presbyterian Church to have annulled a
city order seizing their church, as well as the half-built place of worship
of Agape Pentecostal Church being built on the same site. Both Churches are
preparing to challenge the rejection in the City Court (see below).
In a separate suit, the Nur-Sultan court ordered an independent evaluation
of the value of Grace Church's property to be seized. The Church insists
that its property at market rates might be worth four times what the Akimat
is offering in compensation, but insists the issue is not about money but
about retaining its place of worship that it legally bought in 2001 (see
below).
Almaty: Battling to save church property from confiscation
The City Court in the commercial capital Almaty has again upheld an earlier
court decision to seize some of New Life Protestant Church's property. The
Church itself has not been represented at the hearings and will try to
challenge the seizure of its property.
A criminal case was launched in July 2015 against New Life Church's then
three Pastors - Maxim Maximov, his wife Larisa Maximova and Sergei Zaikin.
It was the third case against the Church or Church leaders brought over the
years on a changing range of accusations.
On 25 March 2016, as the Church was commemorating Good Friday, police
launched simultaneous raids on five church-owned buildings and the homes of
six pastors and church workers. During the raids,
police seized 54 computers, as well as financial documents and 94,650 Tenge
of church money.
In July 2019, Almaty's Specialised Inter-District Court for Minors
convicted the three by now former pastors, Maximov, Maximova and Zaikin.
The Court handed down jail terms of between four and five years on each Yevgeny Zhovtis of
the Kazakhstan International Bureau for Human Rights and the Rule of Law
dismissed the case against the three as "complete drivel".
As part of the verdict, the court ordered that among the property to be
seized were buildings, money and computers belonging not to them but to the
Church.
The three pastors – who live in self-imposed exile in the United States
– appealed against their convictions. However, Almaty City Court rejected
their appeals on 1 November 2019.
New Life Church submitted appeals to Almaty's Specialised Inter-District
Court for Minors in November and December 2019, and on 1 July 2020 asking
for the Church's property – particularly two adjoining buildings in
Almaty's Turksib District - to be removed from the list of property ordered
confiscated.
However, the Church – which complains that it was neither a party to the
case nor a respondent – was not represented as it has not been deemed a
party to the case.
On 2 July, Judge Gulshakhar Chinibekova at Almaty's Specialised
Inter-District Court for Minors (who had sentenced the three pastors in
July 2019) rejected the suit from the representative of other applicants to
have the part of the verdict ordering the seizure of the Church's property
revoked. It did order the return to New Life Church of 11 seized computers
and ordered the bank account of New Life Church in the nearby town of
Talgar to be unfrozen.
The applicants then lodged a further suit to Almaty City Court.
The Church is particularly concerned about the two houses it bought in 1993
and which it uses as a spiritual centre, including to host prayer meetings
and other activities, including providing support for people suffering from
drug and alcohol dependency.
"In addition, we provided proof that the immovable property had been
acquired by New Life Church on a legal basis under a sale/purchase
agreement of 4 February 1993," the Church wrote in an appeal it had hoped
to lodge to Almaty City Court, seen by Forum 18. It stressed that a general
meeting of church members had approved the purchase of the houses in
accordance with the law in force at the time. In 1994, another church
meeting had approved the transfer of the two houses into Church ownership.
Pastor Maximov signed the 1993 purchase agreement on behalf of the Church,
and the purchase document – seen by Forum 18 – has the official stamp
of the Church confirming its status as the purchaser.
However, the Church was unable to lodge its appeal to Almaty City Court,
and the Court prevented the Church's lawyer, Aiman Umarova, from
representing it at the 17 September 2020 hearing, Pastor Kryukov complained
to Forum 18.
On 17 September, a panel of judges chaired by Judge Zhanbolat Batyrov at
Almaty City Court again rejected the applicants' suit to have annulled the
part of the verdict ordering the seizure of the two buildings, according to
the decision seen by Forum 18. This decision cannot be appealed.
Forum 18 was unable to find out why the Church had not been allowed to
represent itself at the 17 September hearing. The Church's lawyer Umarova
told Forum 18 that the Court did not inform the Church about the hearing
"in the appropriate way". The telephone for Judge Batyrov's assistant went
unanswered each time Forum 18 called on 25 September.
The 17 September decision made one amendment to the decision seizing
computers from the Church's main building during the raid in March 2016. The Court ordered a
further 31 computers to be returned to the Church, making a total of 42.
However, the Church is also seeking the return of all 53 of the Church's
computers seized in the criminal case against the Church's then three
pastors.
The dismissal of the appeal means the decision now comes into force, which
should allow at least the 42 computers to be returned to the Church. This
will also apparently bring into force the July decision to unfreeze money
which belonged to New Life Church in Talgar, a town in Almaty Region 30 kms
(20 miles) east of the city, also frozen at the time of the 2016 raid.
The Church's main bank account, frozen as part of the criminal case, was
unfrozen in July 2020, Pastor Kryukov told Forum 18.
Almaty: Church preparing further appeal
Although the 17 September City Court decision declares that no appeal can
be lodged, New Life Church is intending to lodge a further complaint both
against the planned seizure of its property and the denial of the
possibility to take part in the court hearings about its own property.
The Church is planning a complaint to Almaty's Prosecutor's Office, Pastor
Kryukov told Forum 18.
The Church's lawyer, Aiman Umarov, said that there are grounds to challenge
the court decision to the Supreme Court in Nur-Sultan. "If a
reconsideration of the case takes place and the appeal is satisfied, it
will then become possible to address the issue of the property," she told
Forum 18 from Almaty on 25 September, "as the confiscations and freezing of
property are directly linked to the verdict [in the criminal case. The buildings in the
city's Baikonur District house the Church's place of worship and
accommodation for the pastors and their families. Officials claim the site
is needed for a kindergarten.
The Church was given a copy of the decree only on 11 March. The decree
would also entail the seizure of the half-built Agape Presbyterian Church
on part of the site.
Responsibility for overseeing implementation of the decree was put on a
Deputy Akim, Nurlan Nurkenov. His secretary told Forum 18 on 15 September
that he was in a meeting. She referred Forum 18 to his assistant, Akzhol
Shumanov. He told Forum 18 the following day that "no decision has yet been
taken" as to what future action the Akimat will take. Both telephones went
unanswered between 17 and 25 September.
Grace Church first gained state registration, and so the right to exist, on
26 June 1995. It gained re-registration in December 2012, according to the
Justice Department certificate seen by Forum 18, following the adoption of
the 2011 Religion Law requiring all religious communities to re-apply for
state permission to exist.
The Church bought its building in what is now the Baikonur District of the
capital on 3 September 2001. A former
kindergarten, the building was then used as a Continuing Education College.
The Church bought the building and the 0.136 hectares (0.336 acres) of land
on which the building stands from the college.
Grace Church, backed by Agape Church, went to court to challenge the
legality of the Decree. However, on 7 September, Judge Kulimzhan Zhilbayeva
of the city's Specialist Inter-District Economic Court rejected the suit,
according to the decision seen by Forum 18. The parties to the case have
one month from the issue of the decision in writing to lodge an appeal to
Nur-Sultan City Court.
"We will carry on and take this further, preparing appeals to higher
courts," a church member told Forum 18 from Nur-Sultan on 14 September.
Agape Church is also preparing an appeal with its lawyers against this
decision, it told Forum 18 in 22 September.
Also on 7 September, the same Judge Zhilbayeva of the city's Specialist
Inter-District Economic Court approved a suit by the city Akimat against
the Church, ordering the forced seizure of the buildings and land in
accordance with the February Decree.
Grace Church argued in court that the city contention that all the property
is worth 307,100,709 Tenge (6.9 million Norwegian Kroner, 620,000 Euros or
720,000 US Dollars) undervalues its property, according to the decision
seen by Forum 18. Judge Zhilbayeva therefore agreed that valuation of the
property at market rates should be undertaken by an official of the
Republic Chamber of Judicial Experts, with the costs of the valuation borne
by the Church.
Grace Church insists that its property at market rates might be worth four
times what the Akimat is offering, but insists the issue
is not about money but about retaining its place of worship that it legally
bought in 2001.
The move to confiscate both churches' property appears to have been
initiated by the then Construction and Residential Policy Department of the
Akimat (city administration). It is unclear if corruption is a factor in
the confiscation decision. Local media reported
on 17 July that an unnamed former head of the Department is being
investigated over the alleged embezzlement of 200 Million Tenge.
Bauyrzhan Bakirov, a deputy chair of the Religious Affairs Committee of the
Information and Social Affairs Ministry, was unable to explain why the city
authorities decided to confiscate Grace Church. "It is a complex issue. I
must look into it," he told Forum 18 in July. He insisted that "we
have nothing against the Church" when asked why it has repeatedly faced
state attempts to confiscate its property.
Both churches have appealed to President Kassym-Zhomart Tokayev, asking him to have
the decree annulled and to allow the churches to continue using their site
in central Nur-Sultan.
Nur-Sultan: Earlier harassment of Grace Church
Masked police raided Grace Church in October 2012. They seized
computers, valuables and religious books they insisted were "extremist",
though they could not explain what was "extremist". Police also took blood
specimens to see if the Church uses "hallucinogenic" substances for
Communion – local media carried the same allegations. The alleged
"hallucinogens" were a commonly drunk local red tea used as a non-alcoholic
communion wine.
In 2013 the regime put Grace Church's retired Pastor Bakhytzhan
Kashkumbayev and atheist writer Aleksandr Kharlamov into a psychiatric
hospital . No official
ever produced medical reasons for these incarcerations. A criminal case was
brought against Pastor Kashkumbayev, who led Grace Church until his
retirement in October 2011, claiming he had harmed the health of a church
member who repeatedly insisted that they had not been harmed and that the
Pastor was "totally innocent".
Pastor Kashkumbayev was convicted on 17 February 2014, despite credible
claims of lack of legality and due process throughout the entire
investigation and trial.
On 5 November 2014 a previous Akim ordered the confiscation of Grace
Church's building and land, also ostensibly to build a kindergarten. The
deadline for seizing the site was given as 6 February 2016. Grace Church
tried to challenge the decree in court. However, the Akimat's Specialised
Inter-District Economic Court rejected the suit on 1 April 2015. However,
the Akimat did not confiscate the Church property. "The parties reached
a compromise," Grace Church notes. (END)