Source: www.forum18.org
Date: December 14, 2023
https://www.forum18.org/archiv
By Felix Corley, Forum 18
The last seven parishes of the Orthodox Church of Ukraine's Crimean Diocese
have stopped functioning and the Diocese "has effectively ceased to exist",
diocesan head Metropolitan Kliment (Kushch) said in November. The Russian
occupation authorities have seized its places of worship and its priests
have fled fearing mobilisation into the Russian army.
The Orthodox Church of Ukraine was recognised as canonical by the
Ecumenical Patriarchate in 2019. It is separate from the Russian Orthodox
Church Moscow Patriarchate and its affiliate in government-held Ukraine,
the Ukrainian Orthodox Church.
In May, court bailiffs led by Yevgeny Novikov seized the Crimean Diocese's
cathedral in Crimea's capital Simferopol. Crimea's Property and Land
Ministry insisted that the seizure of the cathedral premises was "conducted
on a legal basis". It said the Crimean Diocese had "failed to bring its
founding documents into accordance with the laws of the Russian Federation
within the established timeframe" (see below).
Novikov, who heads the Crimean Inter-District Bailiffs' Department for the
Execution of Special Enforcement Proceedings, denied that the cathedral or
its movable property was seized, or that he had been involved. "I wasn't
there," he told Forum 18 from Simferopol. "Nothing was taken. Your
information does not accord with reality" (see below).
The Russian occupation authorities are similarly seeking to crush the
activity of independent Muslim communities which are not affiliated with
the Crimean Muslim Board. Independent mosques face inspections and raids,
and courts fine those leading prayers without state and Muslim Board
permission (see below).
Following raids by the Russian Police's Centre for Countering Extremism on
Alushta's independent Yukhary-Jami mosque and the homes of three mosque
leaders in late November, the three leaders were jailed for several days.
The Imam now faces prosecution for "illegal" missionary activity, while the
mosque faces prosecution for allegedly storing "extremist" literature (see
below).
Early on 13 December, the Russian Police's Centre for Countering Extremism
raided the home of Imam Ismail Yurdamov in Kirov District in eastern
Crimea. They searched his home, checked whether any of his books were
banned as "extremist", then took him to the police station, where officers
drew up a record of an offence against him for "illegal" missionary
activity (see below).
Asked why officers had raided Imam Yurdamov's home, an officer of Kirov
District Police – who would not give his name – told Forum 18: "They
provided documents for the search." He confirmed that Senior Lieutenant
Roman Filatov of the Centre for Countering Extremism had come from
Simferopol to lead the raid. Asked why Imam Yurdamov faces prosecution on
charges of conducting "illegal" missionary activity, the officer responded:
"It is confidential information. I don't consider it necessary to answer
your questions" (see below).
All six cases known to have been brought in Crimea in 2023 on charges of
conducting "illegal" missionary activity have been to punish those leading
prayers in mosques without state approval (see below).
Decisions by Russia's Supreme Court to ban as "extremist" the Muslim
missionary movement Tabligh Jamaat (in 2009) and Jehovah's Witnesses (in
2017) mean that anyone whose exercise of freedom of religion or belief is
perceived to be linked to these groups faces arrest and imprisonment (see
below).
Four members of Tabligh Jamaat were arrested in October 2017 for meeting to
discuss their faith. Renat Suleimanov was jailed for four years
(https://www.forum18.org/archi
end of his sentence (https://www.forum18.org/archi
in December 2020), while the others served suspended sentences.
In May, July and August, officials of the Russian Investigative Committee
and FSB security service – many of them armed and some masked – raided
Jehovah's Witness homes across Crimea. Crimean courts have already jailed
12 Jehovah's Witnesses and handed down 2 more suspended sentences, with
trials or criminal investigations underway against a further 16 (see
forthcoming F18News article).
Major Yelena Yatsenko, acting deputy head of the Information Department of
the Russian Police in Crimea, refused to answer any questions about police
involvement in raiding and threatening religious communities. "I can't
answer any of your questions at present. Send an official request in
writing," she told Forum 18 from Simferopol. "You will need to show that
you have accreditation as a media outlet in the Russian Federation."
Major Yatsenko appeared to laugh when Forum 18 described how police had
been present and threatened community members during Friday prayers at
Alushta's Yukhary-Jami mosque. She then denied that she had laughed (see
below).
Officials at the Russian Police's Centre for Countering Extremism in
Simferopol did not answer the telephone each time Forum 18 called between 6
and 14 December.
Russia's illegal March 2014 annexation of Crimea
(https://www.nhc.no/en/qa-brea
is not recognised by Ukraine or internationally. The Russian authorities in
Crimea use the wide range of available laws and regulations
(https://www.forum18.org/archi
that meet for worship in ways and places the authorities do not like.
Orthodox Diocese "has effectively ceased to exist"
On 16 November 2023, Metropolitan Kliment (Kushch), head of the Orthodox
Church of Ukraine's Crimean Diocese, told Voice of Crimea news website that
the last seven of the Diocese's parishes have stopped functioning and the
Diocese "has effectively ceased to exist".
All of the Crimean Diocese's priests have left Crimea and are "in a safe
place", Metropolitan Kliment added. "The main reason for this is that the
priests and their families had to leave the territory of Crimea, because
there was already a real threat of their mobilisation to the Russian army,
summonses were received."
(Russia blocked access to the Voice of Crimea website on 29 August 2023.)
The Crimean Justice Ministry had rejected the registration application from
the Simferopol parish, most recently in September 2019. It claimed there
were "violations" in the documents presented. A Justice Ministry official
insisted to Forum 18 from Simferopol in December 2019
(https://www.forum18.org/archi
principle" obstructs the registration of communities of the Orthodox Church
of Ukraine.
Russian occupation officials subjected Orthodox Church of Ukraine priests
and communities to surveillance and pressure.
On 8 August 2021, officials from the Russian Police's Centre for Countering
Extremism raided the Sunday morning worship service at its small St
Demetrius of Thessaloniki monastery in Belogorsk. Major Vladimir Gorevanov
drew up a record of an offence against Pavel Skokov (Archimandrite Damian)
under Russian Administrative Code Article 5.26, Part 4 ("Russians
conducting missionary activity"). On 23 August 2021, Belogorsk Magistrate's
Court No. 32 fined him 15,000 Russian Roubles
(https://www.forum18.org/archi
average wage).
On 15 March 2022, Pavel Skokov (Archimandrite Damian) lodged a case against
Russia at the European Court of Human Rights in Strasbourg (Application No.
24345/22).
Officials seize Orthodox Church of Ukraine's cathedral
In early May 2023, the Russian authorities in Simferopol finally seized Sts
Volodymyr and Olga Cathedral of the Crimean Diocese of the Orthodox Church
of Ukraine. The community had worshipped in the rented premises since 1995.
Officials of the Crimean State Property Fund broke down the doors to gain
entry and seized the cathedral's property, the editor of Krymska
Svitlitsvya Andrei Shchekun told Radio Free Europe's Crimean Service on 11
May.
The bailiffs changed all the locks on the building and put seals on each
door. They did not allow parishioners to approach. Shchekun said the
seizure of the cathedral was led by Yevgeny Novikov, the then acting Deputy
Head of the Russian court bailiff service in Crimea.
Crimea's Property and Land Ministry insisted on its website on 11 May that
the seizure of the cathedral premises "is being conducted on a legal
basis". It said the Crimean Diocese had "failed to bring its founding
documents into accordance with the laws of the Russian Federation within
the established timeframe".
Novikov, who heads the Crimean Inter-District Bailiffs' Department for the
Execution of Special Enforcement Proceedings, denied that the cathedral or
its movable property was seized, or that he had been involved. "I wasn't
there," he told Forum 18 from Simferopol on 13 December. "Nothing was
taken. Your information does not accord with reality."
Court bailiffs were fulfilling a decision by Crimea's Arbitration Court
ordering the diocese to vacate the building, the Property and Land Ministry
added. "After completing these measures, the Ministry plans to hand the
premises for the use of the Russian Orthodox Church to hold services and
other religious activity."
The Ministry insisted that all the Crimean Diocese's movable property would
be stored until it receives a request from the Diocese as to what to do
with it.
The May 2023 eviction came after the Diocese failed to defend its rights
through the Russian courts.
On 28 June 2019, the Crimean Arbitration Court ordered the dissolution of
the lease agreement (https://www.forum18.org/archi
for the Cathedral signed in 2002 between the Ukrainian Crimean Property
Fund and the Crimean Diocese of what was then the Orthodox Church under the
Kyiv Patriarchate. The Arbitration Court rejected the Crimean Diocese's
subsequent suits to overturn or delay implementation of the decision.
On 4 August 2020, Russia's Supreme Court in Moscow finally refused to
reconsider the decision to evict the congregation from the Cathedral, human
rights lawyer Serghiy Zayets noted on Facebook the same day.
Russia ignored UN Human Rights Committee Interim Measures
On 28 August 2019, 62 parishioners lodged a complaint to the United Nations
Human Rights Committee
(https://www.forum18.org/archi
September 2019, the UN Human Rights Committee issued Interim Measures
(https://www.facebook.com/phot
requesting Russia "not to evict [the first applicant] and his congregation
from the building of their Church in Simferopol, while their case is under
consideration by the Committee". The Human Rights Committee has not yet
issued a decision on the substance of the complaint.
The Russian authorities ignored the UN Human Rights Committee request. "The
Russian government provided its objections and I then submitted objections
to the Committee on behalf of the applicants," Zayets told Forum 18 from
Lviv on 12 December 2023. "After further correspondence in English, the
Russian government wrote on 8 April 2022 that they would not consider
individual communications and related materials received from human rights
treaty bodies without an official translation into Russian. The UN
Committee requested us to translate the document."
Six Ukrainian Orthodox cases at European Court of Human Rights
The European Court of Human Rights (ECtHR) in Strasbourg is also
considering five cases lodged against Russia between 2017 and 2020 by
communities of the Ukrainian Orthodox Church Kyiv Patriarchate and its
successor, the Orthodox Church of Ukraine (Application Nos 69421/17,
420/19, 22986/19, 31609/19, 33585/20). Human rights lawyer Serghiy Zayets
represents the applicants.
The applicants complain that "the Russian Government initiated a process of
elimination of the Ukrainian Orthodox Church in Crimea". They argue that
"the obligation to undergo the procedure of re-registration under Russian
law in Crimea amounts to an interference with its right to freedom of
religion which does not pursue a legitimate aim and which is not
proportionate". They also complain of "deprivation of its right to use its
premises, seizure of property and attempts to demolish the Church's
building". They note that they are "treated less favourably than other
religious organisations in Crimea", particularly the Russian Orthodox
Church.
The Court asked the Russian authorities about these cases
(https://hudoc.echr.coe.int/?i
"The Russian government sent initial observations to the European Court of
Human Rights, but stopped doing so in spring 2022," Zayets told Forum 18.
In March 2022, Russia withdrew from the Council of Europe and the ECtHR
(https://www.forum18.org/archi
invasion of Ukraine, and in June 2022 passed legislation which renders all
ECtHR judgments which entered legal force since 15 March 2022 unenforceable
in Russia.
On 16 January 2023, the Orthodox Church of Ukraine's Icon of the Mother of
God of the Unburnt Bush parish in Yevpatoriya lodged a case against Russia
to the ECtHR over court decisions to demolish its chapel (Application No.
6584/23). The parish built the wooden chapel in 2013 before the Russian
annexation of Crimea. Yevpatoriya City Court ordered the parish to destroy
its chapel (https://www.forum18.org/archi
November 2019. The chapel appears still to be standing, although the
Orthodox Church of Ukraine no longer has use of it.
Mosque raided, court cases
On 23 November, the Russian Police's Centre for Countering Extremism raided
Alushta's independent Yukhary-Jami mosque and the homes of three mosque
leaders, including Imam Yusuf Ashirov. The same day, Alushta Town Court
jailed the three men (https://www.forum18.org/archi
for several days.
On Friday 24 November – while Imam Ashirov was in prison - officials of
the Centre for Countering Extremism came to Yukhary-Jami mosque as the
community was praying the namaz. They threatened to arrest any community
member (https://www.forum18.org/archi
to give the hutba (sermon).
Major Yelena Yatsenko, acting deputy head of the Information Department of
the Russian Police in Crimea, refused to answer any questions about police
involvement in raiding and threatening religious communities. "I can't
answer any of your questions at present. Send an official request in
writing," she told Forum 18 from Simferopol on 13 December. "You will need
to show that you have accreditation as a media outlet in the Russian
Federation."
Major Yatsenko appeared to laugh when Forum 18 described how police had
been present and threatened community members during Friday prayers at
Alushta's Yukhary-Jami mosque on 24 November. She then denied that she had
laughed.
Imam Ashirov also faces administrative prosecution under Article 5.26, Part
4 ("Russians conducting missionary activity"). The case was handed to
Alushta Magistrate's Court No. 22 on 29 November. The same day, Judge Yana
Bykova returned the case for further work, according to court records. The
official who answered the phone at Alushta Magistrate's Court No. 22 on 6
December refused to discuss with Forum 18
(https://www.forum18.org/archi
Ashirov or explain why the case was sent back.
Another of those jailed - Zinur Appazov – has failed in his appeal. On 7
December, Judge Natalya Kucherenko of Crimea's Supreme Court rejected his
appeal against his five-day jail term
(https://www.forum18.org/archi
records. Appazov's lawyer Nazim Sheikhmambetov said the "expert analysis"
used by the prosecution had been conducted by an "inappropriate person".
Lawyer Sheikhmambetov said they would be lodging a further, cassational
appeal, human rights group Crimean Solidarity noted on 11 December.
The mosque community itself is facing a case at Alushta Town Court under
Russian Administrative Code Article 20.29 ("Production or mass distribution
of extremist materials included in the published Federal List of Extremist
Materials, as well as their production or storage for mass distribution").
The prosecution claims that books seized from the mosque in the 23 November
raid were "extremist". Judge Tatyana Zakharova is due to hear the case
(https://www.forum18.org/archi
December, according to court records.
Raid on Imam's home, "missionary" activity charge
At about 6 am on 13 December, armed officers of the Russian Police's Centre
for Countering Extremism raided the home of Imam Ismail Yurdamov in the
village of Privetnoe in Kirov District in eastern Crimea. They climbed over
the fence to get in. After refusing to take off their boots, they searched
his home and checked whether any of his books were banned as "extremist",
human rights group Crimean Solidarity noted the same day. Officers seized
the phones from Imam Yurdamov and family members. They also drove to
inspect the local mosque, where he has served as Imam for more than 20
years.
Officers then took Imam Yurdamov to Kirov District police station, where
officers drew up a record of an offence against him under Russian
Administrative Code Article 5.26, Part 4
(https://www.forum18.org/archi
missionary activity")
Asked on 13 December why officers had raided Imam Yurdamov's home, an
officer of Kirov District Police – who would not give his name – told
Forum 18: "They provided documents for the search." He confirmed that
Senior Lieutenant Roman Filatov of the Centre for Countering Extremism had
come the 80 kms (50 miles) from Simferopol to lead the raid.
Asked why Imam Yurdamov faces prosecution on charges of conducting
"illegal" missionary activity, the officer responded: "It is confidential
information. I don't consider it necessary to answer your questions."
Officials at the Russian Police's Centre for Countering Extremism in
Simferopol did not answer the telephone on 13 December.
"Missionary" punishments target Muslim prayer leaders
Magistrate's Courts have continued to punish individuals and communities
for violating Russian Administrative Code Article 5.26, according to court
decisions seen by Forum 18.
Russian Administrative Code Article 5.26, Part 4
(https://www.forum18.org/archi
missionary activity") incurs a fine on individuals of 5,000 to 50,000
Roubles. For organisations (legal entities), the fine is 100,000 to 1
million Roubles. Russia's Administrative Code specifies that cases under
Article 5.26 can be brought by the police, Prosecutor's Offices, or local
Justice Departments.
Many of the prosecutions in recent years, including all those in 2023, have
been to punish those who lead prayers in mosques not subject to or led by
Crimean Muslim Board imams.
Apart from Imam Ashirov's forthcoming case in Alushta and Imam Yurdamov's
forthcoming case in Kirov District (see above), four other cases against
individuals are known to have been brought to court in Crimea in 2023 under
Russian Administrative Code Article 5.26, Part 4:
- On 31 January, Judge Tatyana Kiryukhina of Simferopol Magistrate's Court
No. 76 fined Ebazer Kadirov 5,000 Russian Roubles for leading Friday
prayers in a mosque without Russian state approval.
- On 13 June, Judge Tatyana Kiryukhina of Simferopol Magistrate's Court No.
76 fined Ebazer Kadirov 5,000 Russian Roubles for leading Friday prayers in
a mosque without Russian state approval.
- On 14 June, Judge Irina Sergienko of Kerch Magistrate's Court No. 47
fined N. Reshetov 5,000 Russian Roubles for leading Friday prayers in a
mosque without Russian state approval.
- On 8 November, Judge Tatyana Kiryukhina of Simferopol Magistrate's Court
No. 76 fined Ridvan Maksudov 5,000 Russian Roubles for leading Friday
prayers in a mosque without Russian state approval. Maksudov is an employee
of the Crimean Muslim Board.
The assistant to Judge Kiryukhina refused to put Forum 18 through to her.
"She doesn't give consultations," the assistant told Forum 18 on 12
December. Asked why the Judge had handed down three fines in 2023 to punish
those leading Muslim prayers, the assistant responded: "Because it's the
provision of the law."
The 6 known prosecutions in Russian-occupied Crimea in 2023 for "Russians
conducting missionary activity" show a reduction in the number of such
prosecutions compared to earlier years.
- In 2022, 13 such prosecutions
(https://www.forum18.org/archi
13 individuals. The last known 2022 case was brought by Belogorsk's Deputy
Prosecutor against Ablyamit Seitkhalilov, who had led Friday prayers in a
mosque as the regular imam had been unable to attend that day. On 16
December 2022, Judge Aleksandr Oleinikov of Belogorsk Magistrate's Court
No. 30 fined him 5,000 Russian Roubles, according to the decision seen by
Forum 18.
- In 2021, 23 such prosecutions
(https://www.forum18.org/archi
22 individuals (one twice).
- In 2020, 13 such prosecutions
(https://www.forum18.org/archi
which all 13 ended with punishment.
- In 2019, 24 such prosecutions
(https://www.forum18.org/archi
which 17 ended with punishment.
- In 2018, 16 such prosecutions
(https://www.forum18.org/archi
which 19 ended in punishment.
Russian Administrative Code Article 5.26, Part 5
(https://www.forum18.org/archi
conducting missionary activity". This incurs a fine of 30,000 to 50,000
Roubles with the possibility of deportation. Forum 18 could find no cases
under this Article in Crimea in 2023. No non-Russian citizens are known to
have been punished for "missionary activity" in Crimea since 2018, when
courts in Sevastopol and Kerch punished 7 long-time Crimean residents
(https://www.forum18.org/archi
citizens.
Failing to give full official legal name
Russian Administrative Code Article 5.26, Part 3
(https://www.forum18.org/archi
"Implementation of activities by a religious organisation without
indicating its official full name, including the issuing or distribution,
within the framework of missionary activity, of literature and printed
audio, and video material without a label bearing this name, or with an
incomplete or deliberately false label".
Cases against two individuals (though cases are supposed to be brought only
against organisations, not against individuals) are known to have been
brought to court in Crimea in 2023 under this provision:
- On 13 December, Judge Ulluby Isayev of Yalta Magistrate's Court No. 100
heard the case against Baptist Pastor Denis Kovalenko.
- On 13 April, Judge Ivan Kuvshinov of Kirov Magistrate's Court No. 53
acquitted Dmitry Koretsky, priest of a local Russian Orthodox parish.
The 2 known prosecutions in Russian-occupied Crimea in 2023 for failing to
use a full official legal name show a reduction in the number of such
prosecutions compared to earlier years.
- In 2022, 9 such prosecutions
(https://www.forum18.org/archi
5 religious communities and 3 individuals (one twice).
- In 2021, 10 such prosecutions
(https://www.forum18.org/archi
10 religious communities.
- In 2020, 20 such prosecutions
(https://www.forum18.org/archi
20 religious communities.
- In 2019, 11 such prosecutions
(https://www.forum18.org/archi
10 religious communities and one individual.
- In 2018, 17 such prosecutions
(https://www.forum18.org/archi
12 religious communities and 5 individuals. (END)
More reports on freedom of thought, conscience and belief in Crimea
(https://www.forum18.org/archi
For background information, see Forum 18's Crimea religious freedom survey
(https://www.forum18.org/archi
Forum 18's reports and analyses on freedom of thought, conscience and
belief in Russia within its internationally-recognised territory
(https://www.forum18.org/archi
Forum 18's compilation of Organisation for Security and Co-operation in
Europe (OSCE) freedom of religion and belief commitments
(https://www.forum18.org/archi
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