Japan Today (29.12.2001)/ HRWF International Secretariat (29.12.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - Russian prosecutors on Friday called for a maximum eight-year jail term for four Russian followers of Japan's Aum Shinrikyo cult for allegedly plotting a terrorist attack in Japan in an attempt to rescue Aum leader Shoko Asahara from Japanese jail.
The state demanded the eight-term prison term for Dmitry Sigachev, the alleged leader of the plot, and between three and five years for three other defendants.
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Russia refuses entry of 16 Aum members
Japan Today (19.12.2001)/ HRWF International Secretariat (20.12.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - Russia has refused entry to 16 members of the Tokyo-based Aum Shinrikyo religious cult this year, Federal Security Service (FSB) head
Nikolay Patrushev said Tuesday, according to Interfax news agency.
The FSB declined to make public the nationality of the members or the purpose of their attempted visits. Aum, which now calls itself Aleph, claims it used to have several tens of thousand followers in Russia. It is now outlawed in the country. (Kyodo News)
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Keston Institute (06.12.2001)/ HRWF International Secretariat (12.12.2001) - Website http://www.hrwf.net - Email info@hrwf.net - Colonel Kenneth Baillie, commanding officer of the Salvation Army in Russia, has vowed that the group's Moscow branch will "keep on working" despite the court ruling today (6 December) that it must cease all its activities in the Russian capital.
Speaking to Keston News Service outside the courtroom in Moscow immediately after the verdict was handed down, he said he had been hoping that the municipal court would at least have delayed a final decision in view of the pending Constitutional Court case, which will consider the constitutionality of Article 27, Part 4 of Russia's 1997 law on religion. The prosecutors claim the Salvation Army's Moscow branch had violated this article.
(Keston Institute: http://www.keston.org/)
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Keston Institute (07.12.2001)/ HRWF International Secretariat (12.12.2001) - Website http://www.hrwf.net - Email info@hrwf.net - Despite gaining the approval of all the necessary agencies, a Pentecostal church in the Russian capital is being forced to renounce the land it was allocated five years ago on which it had planned to build a new church centre because of the unwillingness of the "district community" to be home to a "neo-Pentecostal movement, brought from the US".
A member of the Emmanuel Church told Keston News Service that if it loses the plot of
land allocated by the prefecture of the Western Okrug (district) of Moscow, it faces losing the hundreds of thousands of dollars that have already been invested in the project. The church is now considering whether to appeal to a court of arbitration.
(Keston Institute: http://www.keston.org/)
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Keston Institute (06.12.2001)/ HRWF International Secretariat (11.12.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - Despite strong criticism from religious minorities, a law which controls missionary activity, adopted in Russia's southern Belgorod region in January (see KNS 31 May 2001) remains all but unchanged after a legal challenge failed.
Belgorod's public prosecutor had protested against the failure by the region's court to overturn parts of the local law, but on 3 December the Supreme Court of the Russian Federation rejected his protest. He was not present at the Supreme Court hearing; in his place was a justice adviser from the general public prosecutor' office, who sided with his opponents and declared that the protest emanated from "incorrect interpretation of federal law."
(Keston Institute: http://www.keston.org)
300 Amendments to religion law under consideration
Keston Institute (04.12.2001)/ HRWF International Secretariat (10.12.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net C Over the coming months some 300 amendments to Russia's religion law are to be considered by a working group attached to the government's Commission for Religious Associations, the group's chairman Andrei Sebentsov told Keston News Service on 28 November. The group is comprised of representatives of various faith communities and religious affairs officials from different government departments. Once they have drafted some proposed amendments (a process which will take some time, Sebentsov told Keston) these must gain the approval of the Duma religion committee before consideration by parliament itself.
(Keston Institute: http://www.keston.org)
Majority of proposed amendments "against constitution"
Keston Institute (04.12.2001)/ HRWF International Secretariat (10.12.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net C The majority of the hundreds of proposed
amendments to Russia's 1997 law on religion - including the introduction of the term "traditional religion" - cannot be adopted because they contradict the country's constitution, Andrei Sebentsov, vice-chairman of the government's Commission for Religious Associations and chairman of the working group currently considering them, told Keston News Service on 28 November. Amendments have been suggested by subjects of the Russian Federation, as well as by the Commission for Religious Affairs and members of the working group.
(Keston Institute: http://www.keston.org)
Minister for religion?
Keston Institute (05.12.2001)/ HRWF International Secretariat (10.12.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net C A new post of Russian Federation minister whose brief will include religious and social organisations was announced, among other government restructuring decisions, by Prime Minister Mikhail Kasyanov on 16 October, according to the Russian daily newspaper Rossiiskaya Gazeta. The new minister will also be responsible for nationalities and regional affairs. Speaking to Keston News Service in recent days, however, government officials expressed doubt that the post would do more than touch upon religious issues, let alone prove to be in place of the much called-for state committee for religious affairs.
(Keston Institute: http://www.keston.org)
Moscow court to examine religious literature
JW Office of Public Information (09.11.2001)/ HRWF International Secretariat (13.11.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - A trial that has far reaching consequences for religious freedom in Russia is set to run for an extended period after Judge Vera Dubinskaya reversed an earlier decision. She ruled that Jehovahs Witnesses may use the Bible and compare their teachings with those of the Russian Orthodox Church in defence of the charges. Additionally, she asked that all religious literature referred to in the case be made available for the courts inspection.
Defence lawyers successfully argued that use of the Bible is necessary because Prosecutor Tatyana Kondratyeva has repeatedly answered questions by stating: I do not need facts. Statements in Jehovahs Witnesses religious literature are sufficient evidence. Earlier Kondratyeva accused Jehovahs Witnesses of distorting the meaning of the Bible, then objected to its use in court saying, the Bible is hard to understand.
Over the past few days Kondratyeva has faced a rigorous cross-examination of her application during which she expressly stated that one of her objectives is to ensure that Jehovahs Witnesses are legally unable to erect or lease a building in Moscow.
Defence lawyer, Artur Leontyev, stated: The prosecutor has said that the standard for religious truth is the Russian Orthodox Church. Jehovahs Witnesses disagree. As a result we are facing a reformation style challenge to sincerely held religious convictions. However, Leontyev added: Surely a court of law is not the place for such a discussion!
Jehovahs Witnesses victory in the Golovinsky Court on February 23, 2001 was described by the journal Christianity Today on February 26 as a huge setback for Russia's controversial 1997 Law on Freedom of Conscience and Religious Association. The article went on to say: Still, the Jehovah's Witnesses may not be out of the woods yet. A court verdict is a powerful thing, of course. But it is tricky to say whether we are talking about the final decision on this particular problem, says Father Vsevolod Chaplin, representative of the patriarch of the Russian Orthodox Church. In any case, this is a matter for state powers. In other words, the Russian Orthodox Church will keep pushing. And if they do, so will the state, the article warned.
The case is adjourned until Monday, November 26th.
Representative of Orthodox Church to testify against Jehovahs Witnesses in Moscow trial
JW Office of Public Information (30.10.2001)/ HRWF International Secretariat (31.10.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - In a dramatic first day of the re-trial aimed at banning Jehovah's Witnesses in Moscow the court agreed to hear testimony from Alexander Dvorkin, whom Prosecutor, Tatyana Kondratyeva identified as a representative of the Russian Orthodox Church. Galina Krylova, prominent Russian lawyer, objected to the court hearing representatives from any other faith, saying: We are not here to discuss religious beliefs.
Earlier, Judge Vera Dubinskaya refused several defence motions. After six years of criminal and legal proceedings, defence lawyer Artur Leontyev argued that the trial should be halted because under international law of double jeopardy it is not possible to be tried twice for the same offence.
John Burns, a Canadian human rights lawyer, pointed out, in the eyes of the European Court of Human Rights this is a criminal case because it carries a severe penalty. Should the prosecution win, Jehovahs Witnesses will be denied fundamental constitutional rights, including the right to hold religious gatherings and the right to import religious literature. He added: The prosecutor is asking the court to ban what the European Court has already classified as a known religion. In response, Kondratyeva insisted we do not intend to judge individual beliefs. Our aim is to ban the organization of Jehovahs Witnesses as a legal entity.
An application is before both the Supreme Court in Russia and the European Court of Human Rights to review the appellate Moscow City Court's ordering of a re-trial. Judge Dubinskaya refused a motion to suspend the trial pending the outcome of these two court hearings.
The previous trial spanned two years, concluding on February 23, 2001. After 35 days in court, during which time 45 witnesses testified, and 2,740 pages of testimony was recorded, all charges filed by the Moscow Prosecutors Office against Jehovahs Witnesses were dismissed by Judge Yelena Prokhorycheva because of a lack of evidence.
Today marks the tenth anniversary of the passing of a constitutional law in Russia that rehabilitated Jehovahs Witnesses who were victims of religious oppression under Soviet rule. One of those victims, Vasilii Kalin, Chairman for Jehovahs Witnesses in Russia, who was present at todays hearing said: The accusations in this trial are starkly similar in tone and content to the Stalin-era, when my family, along with more than 9,000 others, were exiled to Siberia exactly 50 years ago for publicly talking about the Bible.
Sects crackdown
AP (23.10.2001)/ HRWF International Secretariat (25.10.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - The government is planning to introduce legislative amendments that would restrict the activity of foreign religious sects and religious extremists, news agencies reported Tuesday.
Deputy Prime Minister Valentina Matviyenko said the foreign, interior and justice ministries would be ordered to make recommendations for amendments strengthening control over foreign religious activists in Russia, Itar-Tass and Interfax reported.
"Sometimes such people come to Russia for a year and no one knows for sure what exactly they are doing in our country," Matviyenko was quoted as saying by Interfax.
She said that the legislation should not affect the representatives of legitimate religious organizations, but that it should prevent people from using religion as a disguise for extremist activities.
In addition to the new amendments, Matviyenko said police and visa authorities would be asked to increase control over foreign religious activists, Itar-Tass reported.
Moscow Court Closes Charity
Salvation Army to appeal ruling
Newsday (13.09.2001)/ HRWF International Secretariat (14.09.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - A district court yesterday ordered the Salvation Army to shut down its operations in the Russian capital in the latest fallout from a strict 1997 law that has raised concerns about religious freedom in Russia.
After two years of legal wrangling, Judge Svetlana Grigoryeva reached a ruling quickly in the proceedings in the Tagansky district court, the Salvation Army's headquarters for Eastern Europe said in a statement.
The Moscow government has sought to shut down the Salvation Army, accusing it
of not registering on time and failing to regularly report its activities to authorities. The missionary group, which operates soup kitchens and does other charity work, says the government unfairly denied it registration based on the 1997 law. The group said it would appeal the ruling.
It was unclear what immediate effect the ruling would have on the Salvation Army's religious services and aid work with the homeless, elderly and prison inmates in Moscow.
The 1997 law, championed by the influential Russian Orthodox Church, requires all religious groups to register with Russian authorities. Several groups, particularly foreign-based, have had legal troubles since it was passed and say it limits religious freedoms won with the collapse of the Soviet Union.
The Salvation Army is also active in other Russian regions where it has not had serious registration troubles.
On Tuesday, Grigoryeva refused the Salvation Army's request to postpone the case. Russian lawyers for the religious charity had argued that the case in Moscow should be postponed pending decisions on appeals filed in higher Russian courts and the European Court of Human Rights.
Col. Kenneth Baillie, who heads the Salvation Army's operations in Russia and four other former communist countries, said the group has faced worse problems in Russia than in any other country under his supervision.
The Russian Orthodox Church has denied it is behind the attempts to shut down the Salvation Army but has said it regards humanitarian activities by the Salvation Army as an attempt to win over believers.
Next month, the Salvation Army will mark its 10th anniversary of operating in post-Soviet Russia. It also operated briefly in czarist Russia before the 1917 Bolshevik Revolution.
At the same time as pursuing its case against the liquidation of its Moscow branch through the Russian Constitutional Court, the Salvation Army has also taken its case to the European Court of Human Rights in Strasbourg. The lawyer in charge of the case there confirmed to Keston on 12 September that the case had been registered on 17 August but would not be given priority. The first report will be drawn up for examiation by the court and only after that will a decision be taken on whether the case is admissible.
Salvation Army's Moscow woes continue
by Patrick Goodenough
CNS News (03.08.2001) / HRWF International Secretariat (29.06.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - Moscow city authorities are continuing their campaign to shut down the Salvation Army's operations in the capital, six months after the federal government approved the religious and charitable organization's legal status nationally.
On September 11, a district court will hear a case brought by the branch of the Justice Ministry which oversees Moscow, which wants to liquidate the Salvation Army branch in the capital.
The 136-year-old Protestant organization runs projects in the city helping the needy, neglected children, elderly, prisoners, AIDS sufferers and drug addicts.
Last year it was denied registration - required by a 1997 religion law critics say was intended to entrench the influence of the Russian Orthodox Church. It sued the city authorities, but lost, and also lost a subsequent appeal. It has since taken the case to the European Court of Human Rights in Strasbourg, France, where it has been accepted for consideration.
A Justice Ministry official was quoted by the Interfax news agency as saying the case was a legal issue, and that no group had been rejected for ideological reasons.
But according to a source close to the case Friday, much of the problem relates to the perception that the group, with its militaristic name, uniform and hierarchy, has a hidden agenda.
In fact, the judge who threw out the Salvation Army's earlier appeal against Moscow's decision not to register it accused it of seeking to overthrow the state.
The Salvation Army believes those arguments don't wash. In its application for national status as a "centralized religious organization," which was approved by the federal government last February, some of those same questions were settled to the government's satisfaction.
A committee of experts convened by the government to examine that application concluded that there was no truth to fears that the Salvation Army was a military organization.
"The analysis of the faith and organizational structure of the Salvation Army shows that the term 'warriors of Christ' is only used in the context of the realization of the purposes and principles which are stated in the charter of this religious organization and which are incompatible with violence, and incompatible also with the activity of military formations in the worldly meaning of the word 'military,' " the committee found.
"At present there is no known participation of the Salvation Army in any violence whatsoever," it added.
"The fact that The Salvation Army followers have special ranks and insignia cannot be interpreted as belonging to any militarized organization."
The experts also upheld the organization's claim to political neutrality, and could find no case in which it had become involved in political activity. The committee did recommend that, because the uniforms and rank structure because some Russian citizens to think that this is a militarized organization," the group's publications should make it very clear that these attributes did not mean it was a military organization.
The committee's findings have been brought to the attention of the Moscow officials, but to no apparent avail.
A source in Moscow said it may be that the Salvation Army has been caught in a power-struggle inside the Justice Ministry, between officials responsible for the capital, and others.
'Government Prejudice'
The Salvation Army's case before the European Court of Human Rights has been brought by the Strasbourg-based non-profit association, the European Center for Law and Justice, and its Moscow counterpart, the Slavic Center for Law and Justice. Both are arms of the Virginia Beach-based American Center for Law and Justice.
ECLJ executive director Joel Thornton said the case was "a classic example of government officials improperly denying the religious liberties they are sworn to protect."
"This case could redefine the right of religious organizations to exist in the face of governmental prejudice."
The ECLJ and SCLJ have asked the European court to find the Russian actions in violation of the European Convention on Human Rights, and to determine that the Moscow branch of the Salvation Army is a legitimate religious group under Russian law.
If the Moscow authorities succeed in shutting down the organization's activities, "the people they serve every day will be left without help," said Vladimir Ryakhovsky, a lawyer with the Slavic Center for Law and Justice.
The Washington-based Institute on Religion and Public Policy this week voiced concern about the plight of the Salvation Army in Moscow.
"The Salvation Army, through its charitable work, often brings about stability in areas where basic human needs are not being met due to poverty, addiction, natural disasters, violence, and lack of education," said the institute's president, Joseph K. Grieboski.
"For this reason, I believe that the continued presence of the Salvation Army in Moscow and all of Russia will contribute to the strength of the Russian government and society."
Of the belief that the organization is a military one seeking to overthrow the government, Grieboski said: "Nothing could be further from the truth."
Col. Kenneth Baillee, the head of the Salvation Army in Russia, was traveling in Georgia Friday, and could not be reached for comment.
Supreme Court reverses order to liquidate Jehovahs Witnesses in Kabardino-Balkaria
JW Public Affairs Office (27.06.2001)/ HRWF International Secretariat (29.06.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - On June 19, the Supreme Court of Kabardino-Balkaria, reversed a lower courts order to liquidate the congregation of Jehovahs Witnesses in the city of Prokhladny and returned the prosecutors application to liquidate for a new hearing. Kabardino-Balkaria is part of the Russian Federation in the Northern Caucasus region, near war-torn Chechnya.
Vyacheslav Tumakov, representative for the Prokhladny community of about 500 associates commented: "We have one building for worship, a Kingdom Hall, used by five congregations of Jehovahs Witnesses. We built it ourselves in 1996. The liquidation order would have denied us the right to use it for Bible study, prayer and worship. "
"This is 2001, not 1951," said Canadian human rights lawyer John Burns, alluding to Stalins forced exile of thousands of Jehovahs Witnesses and other minorities to Siberia 50 years ago. He asked the court: "Where is the injury to the state because Prokhladny sent a few members to assist fellow believers spiritually in nearby Mozdok? Technical interpretations of registration should not be used as a lethal weapon to defeat freedom of religion."
The lower court had earlier ordered liquidation because the Prokhladny community acted outside its "territorial limitations." Representatives traveled to nearby Mozdok in North Ossetia to assist a small group of Witnesses to conduct meetings and to rent premises. They also received 500 rubles ($16.00 US) in donations over a two-year period.
"There is no territorial limitation in the communitys Charter or the law," said Russian lawyer Artur Leontyev. "The prosecutors argument shows reactionary forces persist in using Soviet-style thinking to hamper religious freedom for minorities . . . Problems for Jehovahs Witnesses in KBR are not over," added Leontyev. "In addition to a new trial in Prokhladny, we will be back in the Supreme Court on July 10. The Ministry of Justice has appealed two other lower court decisions ordering registration of Jehovahs Witnesses in Prokhladny, Nalchik, Maiskiy and Nartkala."
There are 2,000 Jehovahs Witnesses in Kabardino-Balkaria, and some 275,000 associated with Jehovahs Witnesses across Russia.
"Over 5,000 despotic sects active in Moscow, warns Church"
Pravda (02.06.2001)/ HRWF International Secretariat (21.06.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net -More than 5,000 totalitarian cults are active in Moscow, warned a City Hall roundtable on destructive sectarian activities. The Moscow Patriarchy was active on the gathering, with many ecclesiastical agencies represented.
A million Muscovites are linked to totalitarian sects, said the chief of a centre to rehabilitate victims of non-established religions. He quoted expert evaluations, on which five million belong to sects or are subject to their close attention all over the country. 12,000 victims of occult practices have applied for help to the Centre of St. John of Kronstadt within the five years since it was established in the Moscow-based Krutitsky mission of the Russian Orthodox Church. More than 400 men and women quit sects to join the Russian Orthodox flock over the last two years, said Father Anatoly, centre supervisor.
The clergy of the established churches conventionally classify sects into Protestant-oriented, pseudo-Buddhist, and Russian neo-pagan. The Witnesses of Jehova, Reverend Moon's Unity Church and the Church of Scientology are considered to present the greatest danger.
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Jehovah's Witnesses go back to court again
by Tatyana Titova
Keston Institute (16.06.2001)/HRWF International Secretariat (18.06.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - On 30 May the Moscow City Court set aside the ruling of the Golovinsky Intermunicipal Court of 23 February 2001 rejecting the application of the procuracy of the Northern Administrative District of Moscow for "thedissolution of the Jehovah's Witnesses' religious organisation in Moscow and the banning of its activity". This latest ruling followed a 4 May submission by the procuracy asking for the ruling to be set aside. The City Court has now sent the case back for fresh examination under different judges. Artur Leontiev, the Jehovah's Witnesses' lawyer, forecasts that this fresh examination will take place no earlier than September. If, as is likely, another panel of expert witnesses is appointed the case could be delayed yet again. Until a definitive ruling is reached,
Jehovah's Witnesses in Moscow will be without registration and unable to profess their faith without hindrance.
The procuracy's submission claims that Jehovah's Witnesses' in Moscow violate international laws on human rights as well as Russian laws, since the literature it distributes contains signs of inciting religious strife and the demands prescribed in this literature, which are binding on members, cause the destruction of the family, infringe the person, rights and freedoms of citizens, promote suicide and draw children into the organisation's activities. Yet the procuracy's own appeal admits that "no specific instances of crimes committed by members of the organisation have been uncovered".
The procuracy's appeal was granted on 30 May by the Moscow City Court under the presidency of judge Lyudmila Sherstnyakova. The Lyubertsy court under her presidency had on 14 April 1998 gave custody of Natalya Nikishina's child to the child's father because the mother was a Jehovah's Witnesses. That ruling was set aside only after Nikishina's lawyers sent the case to the European Court of Human Rights.
The Jehovah's Witnesses' St Petersburg lawyer told Keston on 4 June that the procuracy's appeal confirms the main finding of the Golovinsky Court that the violations listed are not founded on any facts, whilst the dissolution of a religious organisation or a ban on its activity can be based only on specific actions which are in violation of the law and attack rights and interests protected by the law. "Thoughts should not be punished; punishment is possible only for illegal actions," insists lawyer Leontiev. The Jehovah's Witnesses' lawyers are waiting for the court's detailed ruling, promised within a month, before submitting a complaint to the president of the Moscow City Court. The resumption of the hearing in the Golovinsky Court, possibly with the appointment of a new panel of expert witnesses, is to be expected no earlier than September.
Lawyer Leontiev told Keston that the Jehovah's Witnesses are considering presenting a complaint at such an extended judicial examination to the European Court, since under articles 6 and 12 of the Convention everyone has the right to a fair judicial examination within a reasonable time. The length of the judicial examination in this case has led to violations of the rights of the Moscow religious congregation.
This court case has also been used to justify the refusal to reregister the Jehovah's Witnesses in Moscow as a religious organisation. Yaroslav Sivulsky, head of the public relations department of the Jehovah's Witnesses' in St Petersburg, told Keston on 30 April that when the leaders of the Moscow congregation submitted documents for reregistration the head of the Main Administration for Moscow of the Russian Federation Ministry of Justice, V. N. Zhbankov, told them: "Bring me the ruling of the Golovinsky Court when it comes into force and we will reregister you ." Since the ruling of the Golovinsky Court was appealed against by prosecutor Viktorov it has not come into force. Mr Sivulsky said that a number of lawsuits against the Moscow Administration of Justice for its failure to reregister were before the Moscow courts, but the hearings were constantly being deferred by the courts.
Vladimir Zhbankov, questioned by Keston, said that unfortuna tely he could not remember precisely for what reason the Moscow Jehovah's Witnesses had been refused reregistration, as very many religious organisations in Moscow had been refused reregistration. Mr Zhbankov disagreed with Mr Sivulsky's claim that the refusal was connected with the court case. "It wasn't us who initiated the case against theJehovists, it was the procuracy. Our Administration of Justice is involved in the case only as a third party," he said.
Sergei Vasiliev, the head of the Moscow congregation, reports that the Moscow Land Committee has halted the processing of the Jehovah's Witnesses' legal documentation for the plot of land on which the Jehovah's Witnesses' only place of worship in Moscow is built and that rental agreements of premises for religious meetings in Moscow have been.
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Moscow judges order re-trial
Watch Tower (31.05.2001)/ HRWF International Secretariat (05.06.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net On Wednesday, 30 May, it took less than three hours for three judges in the Moscow City Court to order a re-trial in a protracted case that threatens to ban the activities of Jehovah's Witnesses in Moscow. Contrary to some reports, this decision does not constitute a ban on Jehovahs Witnesses.
All charges filed by the Moscow Prosecutors Office against Jehovahs Witnesses were dismissed on 23 February 2001, by Judge Yelena Prokhoricheva because of a lack of evidence in a trial that had lasted two years. Attempts to ban the religion in Moscow have been in progress since 1995. The same charges, brought by the same people, have been dismissed on five occasions. Yet, the Golovinsky District Court is being ordered to hear the case once again. John Burns, human rights lawyer for the defence, described the decision of the appeal judges as "an example of extreme judicial harassment against a religious minority." He added: "Since there exists no evidence to substantiate the charges, the whole process is entrenched in an endless cycle of re-trials."
Galina Krylova, lawyer for the defence, expressed surprise at the decision. However, she said, "The track record of Moscow courts has been to consistently delay hearings on Jehovah's Witnesses re-registration applications under the 1997 law on religious freedom. Todays judgement is just another episode in the stalling process."
The appeal judges promised a written judgement in one month. Burns warned, "We will evaluate their reasons and determine whether there is a case to answer in the European Court of Human Rights in Strasbourg." Vladimir Tumanov, the first Russian judge of the European Court of Human Rights, has gone on record as reminding the Russian judiciary that the Strasbourg court has passed a number of rulings protecting Jehovahs Witnesses, as reported by the Kommersant-Daily on March 15, 2001.
The Russian newspaper, Nazavisimaya Gazeta, January 31, 2001, said: "Jehovahs Witnesses occupy fourth place among Russian religions." There are an estimated 280,000 Jehovahs Witnesses and associates in Russia. More than 10,000 of those Witnesses live in Moscow.
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Moscow prosecutor pursues ban on religious freedom
Watch Tower (29.05.2001)/ HRWF International Secretariat (29.05.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - On 30 May the Moscow City Court will hear an appeal by the prosecutors office in Moscows Northern Administrative District against Judge Yelena Prokhorichevas historic decision on 23 February to dismiss charges against Jehovahs Witnesses.
Mr. S. Belikov, Senior Counsellor of Justice, called for a re-trial, arguing: "I consider the court ruling illegal, unfounded, and subject to reversal." The prosecutors office is using their interpretation of the 1997 law on Religious Freedom in an attempt to ban Jehovahs Witnesses in Moscow.
On 15 March 2001 the Russian newspaper Kommersant quoted the first Russian judge of the European Court of Human Rights, Vladimir Tumanov, as being "severely critical" of the methods employed by the prosecutors office in trying to ban Jehovahs Witnesses in Moscow. He "warned" the chairman of the Supreme Court of Russia that the Court in Strasbourg has ruled in favour of Jehovahs Witnesses against other European countries in a number of cases.
Artur Leontyev, lawyer for Jehovahs Witnesses, pointed out that "the elongated trial process is delaying re-registration and preventing 10,000 Witnesses in Moscow from renovating and building places of worship." Jehovahs Witnesses were re-registered in Russia by the Russian Ministry of Justice on April 29, 1999. However, Moscow has persistently refused to come in line with the Federal Government and 360 communities across Russia which have already legally recognised Jehovahs Witnesses.
"The case has attracted international attention because it indicates whether Russia is willing to live with a variety of faiths and abide by its international agreements", said Vasilii Kalin, chairman for Jehovahs Witnesses in Russia.
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Court bans Jehovahs Witnesses in Kabardino Balkaria
Administrative Center of Jehovahs Witnesses in Russia (17.05.2001)/ HRWF International Secretariat (22.05.2001)- Website: http://www.hrwf.net - Email: info@hrwf.net -On May 10, the Prokhladny District Court ordered the dissolving of the local community of Jehovah's Witnesses in the city of Prokhladny, Kabardino-Balkaria. This city is located in southern Russia, not far from Chechnya. The judge decided that the community had violated Russias 1997 law on religion because members along with fellow believers were preaching outside the Prokhladny District.
"We filed our appeal immediately," said Artur Leontyev, an attorney for Jehovahs Witnesses. "The decision is the result of a campaign of religious intolerance recently unleashed in the territory of the Kabardino-Balkaria Republic. Many want the president of the Kabardino-Balkaria Republic to approve a new law that would contradict the federal law on religion and severely discriminate against all religious minorities. This would be in direct conflict with the Constitution of the Russian Federation and commitments under the European Convention to protect religious freedom. Some regions, however, do not always agree with federal law."
The association of Jehovahs Witnesses in Prokhladny numbers over 500 persons, including victims of Soviet persecution. "It is ironic that the courts decision to ban us comes in May 2001," said Vasilii Kalin, one of Jehovahs Witnesses and a survivor of Soviet repression. "This spring marks 50 years since Stalins infamous forced exile of thousands of Jehovahs Witnesses to Siberia. During April, scholars and victims met for memorial conferences in Moscow, St. Petersburg, Kiev, Almaty and Irkutsk. Does Kabardino-Balkaria want to return to those hideous days of religious intolerance?"
In addition to the appeal made by Jehovahs Witnesses against the banning order, an appeal will probably be launched by the local Ministry of Justice in Kabardino-Balkaria. On April 24, 2001, the Nalchikskiy City Court ordered that office to re-register three local communities of Jehovahs Witnesses, including the one in Prokhladny. There is also pending legal action to ban Jehovahs Witnesses in nearby Maiskiy.
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Duma rejection of anti-Semitism motion
IRPP (19.05.2001)/ HRWF International Secretariat (21.05.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - HRWF Russia's parliament yesterday failed to pass a resolution asking President Vladimir Putin to condemn officially "the appearance in Russia of anti-Semitism, nationalism and fascism."
Institute President Joseph K. Grieboski remarked, "It is disappointing that the Duma could not take this step. Passage of this resolution could have been a first step toward greater understanding and coexistence in Russia. It is especially significant that this resolution did not pass in light of President Putin's attempts in the past to build stronger relations with the Jewish community in Russia."
Legislators turned down the appeal for the third time, with most of the chamber's members absent during the vote. The 219 votes in favor fell short of the necessary 226 to pass in the 450-seat State Duma. Seventy-three deputies voted against the measure, and 108 did not vote.
Russian church blacklists eight India-based organizations
by Arun Mohanty
India Abroad News Service (12.05.2001)/ HRWF International Secretariat (26.06.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net- The Russian Orthodox Church, which is playing an increasingly important role in post- Soviet Russia, has blacklisted eight India-based religious organizations, including ISKCON and the Brahma Kumaris who have a strong presence in this country.
The Russian Orthodox Church, the dominant religious institution in multi-religious Russia, has for the first time publicly released a list of organizations -- based in this country and abroad -- that it considers "harmful sects". The list was released at a conference, titled "Totalitarian sects: Danger of the 21st century", held in the Russian city of Nizhni-Novgorod under the patronage of the church.
According to the Moscow weekly journal Profile, the blacklisted India-based groups are the International Society for Krishna Consciousness (ISKCON), the Ananda Marg, the organizations associated with Maharishi Mahesh Yogi, Sahaja Yoga, the sect of Shri Chinmoy, Brahma Kumari, the sect of Satya Sai Baba and Osho Rajneesh's organization. While ISKCON and Brahma Kumari appear to have a relatively strong following in Russia, the other organizations in the list have a marginal presence in this country.
Two India-related religious organizations that have escaped the axe of the Orthodox Church are the Ramakrishna Mission, which at one point of time had trouble in getting registration, and the Moscow Gurdwara Committee, possibly because they do not resort to conversion.
While a representative of ISKCON told IANS that it was a registered organization and had no legal problems in functioning in Russia, experts on religious affairs say official support to the outfit is waning fast, perhaps under pressure from the powerful local church.
The inclusion of these organizations in the list of "socially dangerous sects" means the Russian Orthodox Church would not like its followers to maintain relations with representatives of these groups, a church spokesman told IANS. Those who wish to come back from "totalitarian sects" to the fold of orthodox Christianity must go through special re-conversion rituals in the church, the spokesman said. The Orthodox Church has a rehabilitation center for the victims of the "harmful sects", the spokesman added.
Though state and religion, under the secular Russian Constitution, are separated from each other, Russia's powerful Orthodox Church enjoys massive support from the state andexercises strong influence over the political establishment of the country.
Worried by the rapid penetration of "dangerous sects" into Russian society in the aftermath of the Soviet collapse leading to "spiritual degeneration" of the Russian people, the Orthodox Church has been exerting pressure on the political elite to limit such organizations' activities.
The law on religion, adopted by the Duma, the Lower House of Russian Parliament, includes provisions for limiting and even banning activities of pseudo-religious organizations considered harmful to Russian society.
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Attacks on LDS groups in Russia are probed
by Lee Davidson
Deseret News (02.05.2001)/ HRWF International Secretariat (09.05.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - Although Russia officially embraces religious freedom, a U.S. commission says it did little after extremists disrupted a congregation of The Church of Jesus Christ of Latter-day Saints, beat members and threatened U.S. missionaries.
The U.S. Commission on International Religious Freedom also said Monday that some regional Russian officials continue to thwart registration of local LDS congregations required by a 1997 law. That might force their disbanding. The commission said such problems are among reasons it chose to recommend Monday that the U.S. government keep applying pressure on Russia to protect and expand religious freedom. However, it said religious freedom in Russia is in much better shape than most of a dozen other countries that it focused on this year. The commission was formed by Congress in 1998 to recommend steps that could help expand religious freedom.
It said Monday that such freedom now ranges from nonexistent in places like North Korea, to putting religious minorities under intense persecution places like the Sudan where government troops help enslave and murder them. "Russia, despite its problems, enjoys a far greater degree of religious freedom than any of them," said Commission Chairman Elliott Abrams.
Russia was the only country examined in the report, however, where specific problems facing the LDS Church were mentioned. The report said congregations of the LDS Church, Jehovah's Witnesses and some Pentecostal groups were attacked by extremists but little punishment or follow-up came from Russian officials. In fact, after an attack on a Pentecostal Church, it said police didn't respond for 12 hours. The report complained specifically about Aug. 20 attacks on separate gatherings of the LDS Church and Jehovah's Witnesses in Volgograd. A U.S. State Department statement last year about those attacks said, "In both cases, worshippers were beaten. American missionaries from The Church of Jesus Christ of Latter-day Saints were also threatened." The State Department last year publicly called for a thorough investigation of the attacks and full prosecution of offenders.
The report Monday, however, said that according to the State Department, the Russian federal government generally has taken only limited steps to advance its promises against extremism and anti-Semitism. "Regional officials implementing the 1997 (Russian) Religion Law have denied registration and sought the liquidation (disbanding) of unpopular religious communities," the report said. It said groups especially targeted in some regions are "religious communities that are, or are perceived to be, new, foreign-influenced or
non-Russian such as Roman Catholics, Jehovah's Witnesses, The Church of Jesus Christ of Latter-day Saints, certain Pentecostals, and other Protestant groups." It added, "It is still unclear what the policy of the Russian central government will be with regard to the liquidation of unregistered religious organizations." Because of those and other problems, the commission urged the federal government to closely monitor religious freedom in Russia, and "urge the Russian government to take effective steps to protect" it. It also stressed continuance of the "Smith Amendment," named after Sen. Gordon Smith, R-Ore. (who is LDS). It has been attached since 1997 to foreign aid bills to require the U.S. president to certify that Russia does not discriminate against religious groups in order to qualify for U.S. aid.
In response to the report, LDS Church spokesman Dale Bills said the church appreciates "the cooperation and assistance of the Russian national government with respect to the church's activities in Russia." In other major action, the commission urged the United States to oppose efforts by Beijing to host future Olympics until China curtails what have been worsening crack-downs on religious groups, especially the Falun Gong. It noted that China enjoys much better trade relations with America than most countries where religious freedom is under attack. So it urged changes including requiring companies doing business in China to fully expose the nature and extent of it, so others can avoid inadvertently supporting actions leading to religious intolerance.
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Russian Orthodox targets "totalitarian sects"
Scientologists, Moonies and Mormons Under Scrutiny
EWTN News, (04.05.2001) HRWF International Secretariat (07.05.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - The Church of Scientology, Jehovahs Witnesses, Moonies and Mormons are among the dangerous "totalitarian sects" infiltrating the East, says a recent conference organized by the Russian Orthodox Church.
The Russian Orthodox Church held the international conference to call attention to the groups making inroads in former Soviet lands.
"Totalitarian sects (destructive cults) are actively attempting to penetrate and invade agencies of education, health services, governmental administration, manufacture and commerce," said the conference s concluding document.
"In doing so," the document said, "they often change their names and disguise themselves, take recourse to confessional anonymity and pseudonyms, and often operate under the cover of false organizations they create, which do not advertise but rather conceal their ties with the sect."
The congress, entitled "Totalitarian Sects -- Challenge of the 21st Century," was held in Nizhny Novgorod, in the Russian Federations northwest, from April 23-25. It drew Orthodox, Jewish, Catholic and Protestant conferees.
Foreign participants included American writer Gerald Armstrong, the former personal archivist of Scientology founder L. Ron Hubbard. Armstrong later broke with Scientology and published critical material about the group.
The conference document emphasized that "in speaking of totalitarian sects we do not have in mind new religious movements but are talking about groups whose ideology and practice are dangerous for the individual and society."
An appendix listed the groups considered to be the most dangerous sects. The list included Society of Krishna Consciousness, New Acropolis, Sinton of Koslov, Church of the Last Testament, and Reiki.
Conferees also began an initiative to introduce legislation to control or prohibit the "totalitarian sects," modeled on similar laws in Western Europe.
During the three-day conference, Scientology members picketed the locale, the St. Nicholas Orthodox Educational Center. Scientologists in the conference room interrupted speakers about 10 times.
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Russia shuts down churches' activities
WRNS (30.04.2001) HRWF International Secretariat (04.05.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - In Moscow, Russia, the Church of God of Christians of the Evangelical Faith was evicted from the theater that they had been worshipping in since 1999. On March 28, the theater director was summoned to the culture committee where he was given a letter telling him to cancel the lease with the church after it had been described on a TV broadcast as "a sect bringing an alien culture."
Sergei Ryakhovsky, the church's pastor, also told Keston News Service that he "fears that this cancellation of their lease may be the first signs of a change of state policy regarding religious organizations. This, in spite of the fact that the church's drug rehab center is well respected in the Moscow region, and in January Ryakhovsky had received a medal from President Vladamir Putin for services to the Fatherland."
In Russia's Far East, the 200-member "Victory of Faith" Full Gospel Church in Amursk was ordered liquidated on April 5 by the justice department. Keston News reports the liquidation of this church and 11 daughter churches appears to be "the culmination of local persistent efforts to restrict the activity of the church, which places a strong emphasis on missionary work."
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Protestants and Catholics declared
"totalitarian sects" in Novosibirsk
NTV (30.03.2001) HRWF International Secretariat (06.04.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - The Novosibirsk diocese of RPTs has responded with a categorical refusal of an invitation to participate in the annual Siberian religious exhibit being conducted under the rubric "Siberian Fair," the Blagovest-info news agency reports. According to the report from the Alexander Nevsky Brotherhood, which operates within the cathedral church of the Novosibirsk diocese of RPTs, the reason for the refusal to participate in the exhibit was the inclusion in it of representatives of "totalitarian sects."
The RPTs diocese includes among the "totalitarian sects" who are participating this year the Mormons (Church of Jesus Christ of Latter Day Saints), Rerikh society, followers of the neo-pagan "Ura" cult and of Yoga, as well as Evangelical Christians-Baptists, the Russian Bible Society (which is headed by an RPTs cleric), and the Roman Catholic church.
As representatives of the Alexander Nevsky Brotherhood explained, "totalitarian sects" exhibited at "Siberian Fair" in 1999 and 2000, although the organizers of the exhibit for this year promised the diocese that "sectarians" will not be at the faith. However the brotherhood notes that the leadership of "Siberian Fair" has violated its promise.
In connection with this the report from the Alexander Nevsky Brotherhood says that, with the blessing of the ruling Archbishop Tikhon of Novosibirsk diocese of RPTs, "all Orthodox parishes and Orthodox organizations have cancelled their applications to participate" in the annual Siberian religious exhibit. "The decision not to participate in any way in the events along with members of totalitarian sects," the brotherhood members continue, "was evoked by the fact that this undoubtedly would be viewed as our recognition of these sects and approval of them."
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Jehovah's Witnesses win registration case
in provincial city
AP (03.04.2001) HRWF International Secretariat (05.04.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - A court in southwestern Russia on Tuesday ordered local officials to register a local community of the Jehovah's Witnesses after five years of legal struggle, a spokesman for the denomination said.
A district court in the city of Oryol obliged the local justice department to complete all registration formalities within one month, said Alexei Nazarychev.
The 250-member Jehovah's Witness community in Oryol, about 350 kilometers (220 miles) southwest of Moscow, has sought registration since 1996, but the justice department rejected their efforts seven times.
The ruling came little more than a month after a Moscow court threw out prosecutors' attempts to ban the Jehovah's Witnesses using a provision in Russian law that allows courts to ban religious groups considered to incite hatred or intolerant behavior.
The prosecutors had sought to prove that the group destroyed families, fostered hatred and threatened lives.
Nazarychev said that the Moscow court's verdict "played a strongly positive role" and could be a factor in the Oryol court's decision.
Russia's religion law enshrines Orthodox Christianity as the country's predominant religion and pledges respect for Buddhism, Islam and Judaism, but places restrictions on other groups.
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Pentecostal Church attacked in Lipetsk
Slavic Center for Law and Justice (26.03.2001)/ HRWF International Secretariat (27.03.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - Around 3 am the building of the Pentecostal Church in Lipetsk was attacked by several armed men. As the sexton says, who had been in the church when the incident took place, about 12 men made approximately 20 shots which destroyed the cross, windows and the front door and disappeared. The police was called for immediately after the incident arrived only at 3.30 pm.
The Pentecostal Church of Lipetsk is one of the oldest member churches of the Russian Pentecostal Union counting about 300 believers.
Earlier the church complained to the District Department of Internal Affairs of Lipetsk as the unknown persons broke the windows and menaced the church leaders. The police did not take any real measures to put an end to these actions.
The SCLJ lawyers believe that the situation was provoked by the recent mass media publications targeting the Pentecostals of Russia. Religious situation in the regions becomes especially aggravated after the visits and lectures of Alexander Dvorkin. Being the US citizen, Mr. Dvorkin represents himself as the founder and leader of the Information Center in the name of St. Ireney which allegedly functions under the auspices of the Moscow Patriarchate. In his lectures Mr. Dvorkin labels the Pentecostals as a "totalitarian sect".
The Pentecostal leadership of Russia asked the law enforcement bodies to prevent Mr. Dvorkin's activity which raises the level of religious intolerance in the country but again the authorities remained idle.
Vladimir Murza, leader of the Russian Pentecostal Union and member of the Presidential Council for Religious Affairs said that unless the government express openly its attitude towards such actions and publications it may very soon lose control over the situation, which the events in Lipetsk are a clear signal of.
The Pentecostal Church of Russia has about 1500 registered communities and about 2000 unregistered religious groups. Now it is the most prominent Protestant denomination of Russia and has the biggest number of registered religious communities after the Orthodox Church and Islam.
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Attempt to toughen 1997 law on religion
by Geraldine Fagan
Keston News Service (15.03.2001) / HRWF International Secretariat (16.03.2001) - Website: http://www.hrwf.net - Email: A draft law proposed by the parliament of Voronezh region and considered by the state Duma's Committee on Social and Religious Organisations (CSRO) in late February would introduce additional grounds for liquidating religious organisations into Article 14 of the 1997 law on religion. According to aide to Duma deputy Sergei Kovalyov, Lev Levinson, who spoke to Keston News Service on 7 March, it would also 'partially legalise traditional religions in state schools' by introducing into Article 4 a section of the law's preamble, which currently does not have legal force. Although those recently questioned by Keston about the bill were doubtful that it would be adopted, the very attempt to amend the law is, according to Levinson, 'indicative' - in Voronezh, it transpires, of dissatisfaction with non-implementation of the existing law.
Among the grounds for liquidating a religious organisation proposed by the Voronezh bill are: 'the anonymous dissemination of religious doctrines in any form', 'pestering citizens in public places: on transport, at bus stops, stations, places of recreation and the penetration of living accommodation with the aim of propagandising religious doctrines and disseminating religious literature' and 'charitable activity and care of socially defenceless sectors of the population with the aim of drawing them into a religious organisation'.
The bill additionally proposes that recognition of 'the special contribution of Orthodoxy to the history of Russia, and to the establishment and development of Russia's spirituality and culture, respecting Christianity, Islam, Buddhism, Judaism and other religions' be added to the provision in Article 4 ensuring 'the secular character' of state education.
Lev Levinson was unsure whether the CSRO had rejected the bill outright or merely suggested that it be formulated differently. Although he was doubtful that it would get past the committee stage, he said, 'there is always the chance that it will be changed to a softer version.'
On 13 March CSRO deputy chairman Aleksandr Chuyev maintained that the CSRO had already rejected the Voronezh bill. 'The committee was opposed to its being put before parliament, and to any restrictions', he told Keston. Asked whether the bill might nevertheless be considered in a different form, Chuyev was equally doubtful, since 'it needed a completely different conceptual system.'
Why has the Voronezh parliament proposed such amendments? Speaking to Keston by telephone from Voronezh on 13 March, press secretary of the region's Committee for the Affairs of Social and Religious Organisations, Lidiya Kuznetsova, explained that members of the Church of the Last Testament headed by Vissarion had induced people in Voronezh to leave their families, renounce their property and move to Krasnoyarsk: 'The bill is in response to the tears of those families who have suffered.' After receiving letters from the affected families, she said, the Permanent Commission for Links with the Public and Regulations ('Reglament') attached to the Voronezh regional parliament held a round table to discuss the problem, following which the bill was drafted and approved in a session of the regional parliament.
Having sent the bill to Moscow, said Kuznetsova, 'we are waiting for the Duma religion committee to pay attention.' She did not appear to be particularly confident about the bill's chances, however: 'If it doesn't pass then it doesn't pass, but we had to do something.'
According to Kuznetsova, the bill is intended 'to create the possibility to stop or close down or remove registration' from groups such as Vissarion's. On her own admission, however, the Church of the Last Testament is not registered in Voronezh. How, asked Keston, would the bill then affect the situation? 'Who let Vissarion have 200 hectares in Krasnoyarsk? Our aim is to get Moscow to force the local authorities in Krasnoyarsk to do something.'
Kuznetsova clearly believes the current Russian law on religion to be ineffectual: 'It is not enough.' Keston then countered that Article 14 already includes grounds for liquidating religious organisations as broad as 'the infringement of the person, the rights and freedom of a citizen' and asked Kuznetsova why she thought these were not being made use of. 'Maybe it is of benefit to someone,' she suggested. 'The original draft was made much milder after Clinton rang Yeltsin - we live according to America's instructions.'
Levinson agrees that the fact that religious organisations deemed destructive by proponents of the 1997 law - such as the Mormons and Jehovah's Witnesses - for the most part function legally in Russia today is due to western pressure: 'Article 14 does contain dangerous formulations but there needs to be a political will from above for it to be enacted. It is being kept in check from above - they don't want to upset the West.' Asked why the existing law was not being used against allegedly dangerous religious groups, Aleksandr Chuyev made a further suggestion: 'Religious organisations have money and they know how to work with government officials. And government officials encourage them.'
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Religious sect gains victory in Moscow trial
by Michael Wines
New York Times (24.02.2001) ?HRWF International Secretariat (28.02.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - The Jehovah's Witnesses won a potentially far-reaching victory today in a Moscow court over prosecutors who had sought to ban the group under a 1997 law that prohibited religious sects that incite hatred or intolerance.
Ending a lengthy trial, a city court judge threw out charges that the Witnesses had broken up families, tried to convert minors without their parents' consent and even pushed members toward suicide.
The ruling means that the group's 10,000 Moscow adherents can continue to practice their religion freely. A Moscow spokesman for the Witnesses said it would affect the 120,000 other active members throughout Russia whose local communities probably would have faced similar charges had the prosecutors won the case. It also sets a political precedent, though not a legal one, for many other religious groups outside the Russian mainstream.
The 1997 statute, the Law on Freedom of Conscience and Religious Association, certifies Christianity, Islam, Judaism and Buddhism as the nation's established religions, requiring other faiths to meet a long string of requirements to win the right to perform such everyday acts as renting property and handing out leaflets.
Critics have charged that the law is an effort to shield the Russian Orthodox Church, by far the nation's dominant faith, from competition. Church officials deny that, but say the law is needed to keep cults and extremist groups from taking advantage of a population that is only starting to re-establish its ties to religion after 75 years of Soviet-enforced atheism.
The Orthodox Church has been especially critical of the Jehovah's Witnesses, who have been aggressive in recruiting members. The charges against the Witnesses sprang from a 1998 suit against the group inspired by an organization of people whose relatives had been lured into cults. The case was in recess for two years while five court- appointed experts studied the group's beliefs and religious practices, measuring them against the law's requirements.
In the trial that ended today, four of the five testified that they were opposed to the group.
The judge rejected their assessments, but said the decision could be appealed within two weeks.
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Court won't ban Jehovah's Witnesses
by Jim Heintz
AP (23.02.2001) - HRWF International Secretariat (28.02.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - A Moscow court on Friday threw out a prosecutor's effort to ban Jehovah's Witnesses in the capital, a decision hailed as a strong move for religious tolerance.
Applause and tears broke out among the crowd of about 50 people listening to the reading of the decision, which also called for the prosecutor's office to pay $650 to experts called in the case.
'' We are crying tears of happiness,'' said a Jehovah's Witnesses member who did not give her name. " I lived through the period when we were banned I did not want to repeat it.''
The Moscow city prosecutor's office had been trying to outlaw the Moscow branch of the U.S.-based church using a provision in Russian law that allows courts to ban religious groups found guilty of inciting hatred or intolerant behavior.
The trial began in September 1998 but was recessed six months later to let an expert panel examine the group's publications for evidence backing the prosecutor's claim that the group destroyed families, fostered hatred and threatened lives.
But on Friday, the city's Golovinsky district court threw out the case and ordered five experts paid for their two years of work examining the texts.
" We have a clear statement by the court that the courtroom is not a place for theological debate,'' said John Burns, an attorney for the Jehovah's Witnesses. " It shows we have hope for an independent judiciary in Moscow because this court has come down with a very strong decision.''
Russia's courts often have been criticized as biased toward prosecutors.
The court's reasoning in the decision was not immediately known. Only the basic decision was read out on Friday, and defense attorney Galina Krylova said the defense team had not yet seen the full decision. Court officials could not immediately be reached for comment.
The prosecutor's office has two weeks to appeal, but the Interfax news agency quoted prosecutor Tatyana Kondratyeva as saying she needed to study the ruling in detail, and then "perhaps I'll agree with what's said there.''
The Jehovah's Witnesses have alleged that Russia's religion law has been used to restrict churches other than Russia's biggest, long-established faiths. The law enshrines Orthodox Christianity as the country's predominant religion and pledges respect for Buddhism, Islam and Judaism, but places restrictions on other groups.
In the event of a victory for the prosecution, the capital's estimated that 10,000 Jehovah's Witnesses would no longer have had the right to hold public services, rent property or distribute literature in Moscow.
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Moscow trial C decision expected tomorrow
Watch Tower Moscow (22.02.2001)/ HRWF International Secretariat (22.02.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - A decision in the trial aimed at banning Jehovahs Witnesses in Moscow is expected tomorrow in the Golovinsky Intermunicipal District Court. The prosecutor seeks to deny the registered religious organization all rights set out in the 1997 law on freedom of conscience and religion, through a prohibition of meetings for Bible education; services for prayer, songs and worship; distribution and use of religious literature; and public expression and teaching of religious beliefs.
Testimony from several witnesses and lengthy legal procedures occupied the courts time during the past few days. Today the court is in recess because the lawyer for the prosecution, Tatyana Kondratyeva, requested time to prepare her final submission in view of the "complex issues" involved with this case.
In a dramatic move yesterday Tatyana Kondratyeva asked for Judge Yelena Prokhoricheva to be removed from the case claiming that the judge had displayed an hysterical attitude toward her. Defence lawyer, Galina Krylova, declared: "There is no legal basis for this inappropriate request which shows disrespect for the court." Artur Leontyev, also for the defence, accused the prosecutor of a cynical attempt to halt proceedings at this late stage, "because of an absence of evidence". The motion was rejected.
In their final submission lawyers for the defence will argue that the prosecutor has not presented any evidence of specific acts by any member of the community to support the allegations. Instead the prosecutions case relies on private or an experts personal interpretation of religious doctrine and literature. In short, the prosecutions case is based upon disagreement with the religious beliefs of Jehovahs Witnesses. It is contrary to the Russian Constitution and European Convention to liquidate and ban an entire religious community. Lawyers for Jehovahs Witnesses will therefore call for the prosecutors application to be rejected and vigorously condemned.
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Watch Tower Public Affairs Office (15.02.2001)/ HRWF International Secretariat (21.02.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - A decision in the trial aimed at banning Jehovahs Witnesses in Moscow could be made next week, after the five religious and linguistic experts completed their testimony in the Golovinsky Intermunicipal District Court yesterday.
Mr. S.A. Nebolsin, self-confessed ultra-nationalist and staunch member of the Orthodox Church, openly supported a ban on Jehovahs Witnesses because they publish comments which "criticise Christendom for betraying God and the Bible and for holding Christendom liable for wars."
Earlier in the day, Mr. Sergei I. Ivanenko, Ph.D., an expert in religious studies, insisted that Jehovahs Witnesses are "more tolerant than other religions that use stronger condemnatory language." Ivanenko, who does not support the joint conclusion of the other four experts, testified: "There is nothing in the literature of Jehovahs Witnesses that sows discord." He added: "Their literature stresses love, democratic values in terms of conscience, and the freedom to join or leave the religion. They respect the rights of others in a democratic system."
Mr. Ivanenko questioned the ability of his fellow experts to judge such complex religious issues and criticised them for using unscientific expressions such as "zombie". He said he had more confidence in the 12 experts assigned by Russias Ministry of Justice to review the same accusations. That Expert Councils investigation established that the activities of the Witnesses are benign, lawful, peaceable, and respectful. Consequently, Russias Ministry of Justice reregistered Jehovahs Witnesses in April 1999, and by extension, its decision exposes the present accusations of the prosecutor as baseless.
Events related to the Moscow court case
December 30, 1993: Department of Justice registers the Moscow Congregation of Jehovahs Witnesses
June 20, 1996: Moscow prosecutors office begins first of four criminal investigations of Jehovahs Witnesses on charges brought by Committee for the Salvation of Youth
September 26, 1996: The European Court of Human Rights declares that a state cannot determine the legitimacy of religious doctrine without violating freedom of religion guaranteed by the European Convention
September 26, 1997: President Yeltsin signs the Russian Federal Law On Freedom of Conscience and Religious Associations
April 13, 1998: The criminal investigation of Jehovahs Witnesses closes, meaning "complete rehabilitation of the accused, to which no one has the right to make claims of a legal or moral nature."Article 5, Item 2, the Russian Practical Academic Commentary to the RSFSR Criminal Procedural Code (1995)
April 20, 1998: Moscow prosecutors office files civil complaint against Jehovahs Witnesses, based on the same allegations filed in the dismissed criminal investigation
May 5, 1998: Russia ratifies the European Convention for the Protection of Human Rights and Fundamental Freedoms, committing Russia to support religious freedom and bringing Russia under the jurisdiction of the European Court of Human Rights
September 29, 1998: First hearing of civil case begins in Golovinsky Intermunicipal Court regarding the application of the Moscow Northern Administrative District prosecutor to liquidate the Religious Congregation of Jehovahs Witnesses in Moscow
November 18, 1998: Judge Yelena Prokhorycheva adjourns the trial until February 9, 1999, because the prosecutor lacks evidence for the charges. The prosecutor is given an additional three months to prepare
January 25, 1999: European Court of Human Rights reinforces earlier decision that a state cannot determine legitimacy of religious doctrine
February 9, 1999: Start of court trial. Government representatives, international human rights organizations, and the international media are present
March 11, 1999: European Parliament passes a resolution asking Russia to call "on those in power at central and local level to guarantee freedom of religion" and to insist that "all forms of intolerance directed against minority groups . . . be combated"
March 12, 1999: Trial is suspended pending review of religious doctrine
April 15, 1999: Expert Council for Conducting State Expert Religious Studies recommends reregistration of Jehovahs Witnesses
April 29, 1999: Under the 1997 Religion Law, the Russian Ministry of Justice reregisters the Administrative Center for Jehovahs Witnesses in Russia, acknowledging their 50-year presence in Russia
February 2001: Court case scheduled to resume
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PACE Representatives meet religious leaders of Russia
in the SCLJ office
Slavic Center for Law and Justice (15.02.2001)/ HRWF International Secretariat (16.02.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - On February 13, 2001, the representatives of the Parliamentary Assembly of the Council of Europe met religious leaders of Russia in the office of the Slavic Center for Law and Justice. David Atkinson and Rudolf Bindig, the co-reporters of the PACE monitoring commission, have been in Russia from February 11 to 14 with he aim of gathering information for the report on implementation of duties taken over by Russia as a member of the Council of Europe.
One of the major questions was the situation in the area of freedom of religion and belief.
The meeting was organized by the Committee for International Relations of the State Duma (the Russian Parliament).
The PACE representatives heard the leaders of the Roman Catholic Church, of the Protestant denominations like the Baptists and Pentecostals who told about the situation of their churches and the difficulties they encounter in their activity. The situation of the Moscow Corps of the Salvation Army was a subject of special concern of the PACE representatives who find the actions of the state bodies towards the Salvation Army "incomprehensible".
Anatoly Pchelintsev of the SCLJ pointed out that it is the federal law on religion which, first and foremost, needs amending, being in contradiction both with the Russian Constitution and the international legal acts. In Mr. Pchelintsev's opinion, "the principal reason of violations of rights in the area of religious freedom lies in the weakness of pluralist and democratic traditions in Russia". "It will take several decades for the Russians to learn to respect a different religious choice", he said.
"Now we see that the situation in the area is unacceptable, said David Atkinson in the end of the meeting, "and our colleagues won't tolerate it". He said that another such meeting will be held before the end of the current year.
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The Church in Russia: 220 parishes, 219 priests
Interview with Catholic Bishop Kondrusiewicz of Moscow
Zenit (12.02.2001) - HRWF International Secretariat (15.02.2001) C Website http://www.hrwf.net C Email: info@hrwf.net - The four Catholic bishops of Russia and Siberia recently came to Rome for their first "ad limina" visit with the Pope. This was an opportunity to evaluate the situation of Catholics in that immense region where the Church was reborn 10 years ago, at the height of perestroika.
Catholics comprise about 1% of the population; the great majority profess the Orthodox creed. To get a sense of the Church's status in Russia, Vatican Radio interviewed Catholic Bishop Tadeusz Kondrusiewicz of Moscow, officially the apostolic administrator of Northern European Russia.
The Holy Father consecrated this Byelorussian bishop in 1991, when he was only 45. A decade later, the bishop evaluates the situation.
--Q: What is the situation of the Catholic Church in Russia at present?
--Bishop Kondrusiewicz: The Holy Father constituted two apostolic administrations in 1991; today there are four. Thus, the climate of openness continues; what is more, it is developing. Today the Catholic Church is an integral part of Russian society, despite the fact that there are still many obstacles -- the lack of civil registration of our apostolic administrations, of structures, of priests, etc.
--Q: At times, Catholics in Russia are regarded as "recent arrivals." This causes serious problems in recognizing them as a religion according to the new law on religious liberty. However, it seems that their presence on Russian soil goes back to the Middle Ages.
--Bishop Kondrusiewicz: The first parishes were built in the 12th century. Prior to the October Revolution of 1917, there were two dioceses, two seminaries, the Academy of Theology, many parishes and also many priests, and men and women religious. Therefore, it cannot be said that it is a newly arrived Church or that it is for foreigners; but [rather it is] for Russians, for all those who were Catholics, and want to continue to be so.
--Q: How has the presence of Catholics developed in these years? How are they organized now?
--Bishop Kondrusiewicz: There were only 10 parishes and seven or eight priests in 1991; today there are 220 parishes officially registered and recognized by the state. There are 219 priests in the whole of Russia, despite the fact that still only 10% is represented by Russian citizens, while the remaining foreign priests come from 17 countries. Moreover, there are 230 nuns working in Russia.
We have a seminary that is located in St. Petersburg. In 1999 I personally ordained the first Russian priests in 81 years; it was truly a great grace from God, because it means the rebirth of the Church.
--Q: What is the life of a typical Russian parish like?
--Bishop Kondrusiewicz: As I was saying, we have 220 parishes in Russia, but 40% do not have an appropriate place to celebrate holy Mass. The small number of priests obliges them to move from one area to the next to administer the sacraments and celebrate Mass. However, this can only be done once or twice a month, as distances are enormous: 200, 300, 1,000 kilometers and sometimes more, between one parish and another.
--Q: We are not disclosing anything if we say that at the summit, the dialogue between Catholicism and Orthodoxy is delicate and difficult. However, does this problem also exist in the daily life of peoples and villages? Are there problems?
--Bishop Kondrusiewicz: Among people, in every day life, there are no difficulties. I know many people who come for the principal feasts of our churches and then go to visit the Orthodox churches. There is no difficulty for them in daily contacts or common prayer.
I myself have good personal contacts with all the Orthodox bishops of the territory. Since 1994, there is an interconfessional Committee in Moscow and, precisely last week, we approved the organization of an interconfessional youth conference, which will be held this coming month of May.
--Q: It is increasingly important for the spiritual roots of your Church to recall the memory of the new martyrs. What obstacles are you facing in this connection?
--Bishop Kondrusiewicz: Russia really became the Golgotha of the 20th century. I myself was part of the commission for the new martyrs, and we prepared a text for the Vatican for the occasion of the great commemoration of the witnesses of the faith, held during the Jubilee.
There are obstacles, but above all it is necessary to find witnesses. This is not easy, as few have survived and are able to recount what happened 50 or 70 years ago.
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Reuters, (6.2.2001)/ HRWF International Secretariat (7.2.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - A Moscow court resumed on Tuesday a hearing aimed at banning the Jehovah's Witnesses, a key test of a 1997 law criticised by the United States as undermining religious freedom in Russia.
The controversial Law on Freedom of Conscience and Religious Association established Judaism, Islam, Buddhism and Christianity as the recognised mainstream faiths besides Orthodoxy. All others must register with local and national authorities to operate in Russia.
The two-year-old case against the U.S.-based religious group in the Golovin district court was brought by a group known as the Committee to Protect Youth from Totalitarian Sects.
The Jehovah's Witness organisation has denied accusations that it breaks up families, foments national discord, restricts individual rights and freedoms, converts minors without parents' permission and endangers lives by forbidding transfusions.
"I think all the accusations are baseless," Vasily Kalin, chairman of the managing committee of the Jehovah's Witnesses in Russia, told Reuters.
"During all these years of court hearings there has been no witness evidence and no documents presented.
"The prosecutor is trying to show how the Bible should be interpreted, but I think that is not a matter for the general prosecutor's office," he said.
Critics say the law is too restrictive and a licence to harass groups disapproved of by the Russian Orthodox Church, which campaigned strongly for the measure.
Patriarch Alexiy II has justified the religion law, saying that after 70 years of Soviet rule, when religious observance was suppressed, Russian Orthodoxy needs protection from the vigorous proselytising of other Christian groups and sects.
Jehovah's Witnesses, named for their belief that Jehovah is the true name for God, originated in the United States in 1872 and are infamous for forbidding blood transfusions, which they believe are contrary to Jehovah's laws.
The Witnesses, as they are called, also shun participation in state activities or fighting.
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Russian rights chief wants more religious freedom
by Tara FitzGerald
Reuters (03.02.2001)/ HRWF International Secretariat (05.02.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - Russian human rights watchdogs are pushing to amend a law on religious freedom because it contravenes the country's international human rights obligations, a senior official said Thursday.
The 1997 bill "On Freedom of Conscience and Religious Association," which was welcomed by the Russian Orthodox Church, said only denominations that had existed in Russia for at least 15 years could operate legally.
"(Oleg) Mironov came to the conclusion that many articles in the law do not meet Russia's international obligations ... on human rights," said Igor Lebedev, deputy to Human Rights Commissioner Mironov.
"The bill has some clauses which have led to discrimination against different religious faiths," he told a round table discussion on religious freedom, adding that this breached the European Convention on Human Rights, ratified by Moscow in 1998.
The 1997 bill was condemned by human rights activists and many religious groups at the time as discriminatory.
But supporters of the bill, which included Russia's patriarch Alexiy II, said it would help halt the division of Russians along religious lines and protect people against destructive cults.
The Orthodox Church was alarmed by the post-Soviet explosion of religious sects, which flourished amid the poverty, spiritual hunger and desire for the new and exotic of many Russians.
The former Soviet Union was officially an atheist state.
RELIGIOUS GROUPS LEFT OUT IN THE COLD
Lebedev said Mironov's amendments would bring the law into line with international human rights treaties, and give religious groups another three years to register by extending a deadline that had expired Dec. 31, 2000.
"The bill should be changed to make it acceptable for various religious organizations and at the very least to extend the registration period," he said, adding that suggested changes were sent to Russian President Vladimir Putin late last year.
As Russia's independent human rights ombudsman, former Communist parliament deputy Mironov is responsible for investigating rights complaints and reporting on them to Putin.
The registration deadline has been one of the biggest sticking points for religious groups already active in Russia, some of whom were refused re-registration in time. Lebedev said around 30 percent of religious groups or organizations had not been officially registered by the deadline.
Some of the more high-profile groups are the Salvation Army and Jehovah's Witnesses, who are to appeal the decision in court Feb. 6.
"It's very puzzling because we have been here since 1992 and in those years we have done some huge amounts of work," Col. Kenneth Baillie, commanding officer of the Salvation Army's Russia/CIS headquarters in Moscow, said last month.
He added that he did not really understand why the organization was being refused re-registration.
Vladimir Kartashkin, representative of the Kremlin's presidential commission on human rights, was quoted by Interfax as saying he did not agree that the 1997 law violated Russia's international obligations.
But he added that on analyzing the law "one could talk about the infringement of religious freedom."
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Salvation Army loses official status in Moscow
by Patrick Goodenough
CNS London (02.01.2001) / HRWF International Secretariat (05.01.2001) - Website: http://www.hrwf.net - Email: info@hrwf.net - The Moscow branch of the Salvation Army is as of this week an unregistered organization, its religious and charitable activities devoted to the city's neediest curtailed as the result of a court ruling late last year.
The head of the organization in Russia, Colonel Kenneth Baillee, said Tuesday some of the consequences of reaching the new year without registration had been immediate.
A landlord has given notice on offices used by the Salvation Army, while another, who has rented the organization as a venue for Sunday church services, has told it to get out, Baillee said by telephone from Moscow.
"It was rather sad to have to tell people [at Sunday's service]: 'This is our last day here, we don't know where we'll be next week. If we can find a place, we'll telephone you and we hope you can all find where it is.' It's just really sad."
"Where we have some offices, the landlord has given an eviction notice, and our people haven't found any place to go. They don't know what to do."
Meanwhile one of the charitable programs, the provision of hot meals three times a week to elderly, frail Muscovites in their homes, has come to a sudden halt.
"This had been [carried out] in cooperation with the district social service office," Baillee explained. "They gave us the names and addresses of the people most needy and we bought the food and organized the volunteers to deliver it. The district supervisor called up ... and said: 'We understand you're not going to be registered so we can't cooperate with you.' The seniors were just cut off abruptly."
The organization's other charity work includes helping prisoners, the lonely, drug and alcohol addicts, neglected children and people with Aids.
The Salvation Army worked in the Soviet Union until it was kicked out by the communists in 1923. It returned to Moscow in 1992 as a registered organization. But a 1997 law required all religious groups to re-register with the justice ministry by the end of 2000.
It has managed to register its work in St. Petersburg, Petrozavodsk, Volgograd, Rostov-on-Don and Vyborg. In Moscow, however, all attempts to fulfill the legal requirement have been stymied by the local justice ministry.
Part of the problem seemed to relate to officials' concerns about the militaristic terminology used historically by the 135-year-old organization, which in one 2000 court case was described as "militarized" and "fascist."
Finally last November 28, the Moscow city court turned down a Salvation Army appeal against the refusal to register it. The court also failed to hand over the written ruling immediately, making it impossible for Salvation Army lawyers to file an appeal in the stipulated time.
Baillee said lawyers believed the legal situation now was "murky."
"We have entered a kind of legal never-never land. We do not have registration but the legal entity known as the Moscow branch of the Salvation Army continues to exist and will do so until the city applies in the courts to have us liquidated. That will take months, we are told."
In the meantime, it was unclear whether this would enable it to continue functioning in any way.
"Russia is a land not always ruled by the niceties of the law. It remains to be seen whether landlords, government bureaucrats or whatever will be guided by what the law says or by what their fears and worries may be."
Baillee said the Salvation Army was pinning its hopes on a separate application for registration nationally, as a "centralized religious organization."
That application had just before the New Year passed a major procedural hurdle in receiving the unanimous backing of a government committee. It is now in the hands of the federal justice minister.
If the national application is approved, Baillee said, the Salvation Army may be able to apply again for registration in Moscow itself.
"This is Russia, it's a murky thing. But what we'll probably do is reapply in Moscow, using the wording of the national charter, and hope Moscow will see fit to reverse the essence of the earlier decision. But of course it's not a certain thing."
Foreign Groups Targeted
The 1997 law was widely viewed as an act taken by the government under pressure from the Russian Orthodox Church, which has been critical of other churches' efforts to win converts in territory it regards as its own.
Numerous other religious groups, especially those considered foreign in origin, were also affected by the re-registration requirement.
Anatoly Pchelintsev, a lawyer with the