Kazakhstani online petition
By Radha Mohan Dasa
Please visit http://www.krishnatemple.com NOW and click the link to the new petition, or go straight to the petition webpage:
http://harekrishna.epetitions.net
Please sign it soon as you can, and please tell as many people as you can about it.
Background: Workers and police arrived on 15th June at the village near Almaty, Kazakhstan, where the embattled Hare Krishna commune is based to demolish twelve more Hare Krishna-owned homes. “The houses were literally crushed into dust. By ten o’clock it was all over,” said ISKCON spokesperson Maksim Varfolomeyev.
The temple, which the devotees have been ordered to destroy, has not been touched but the devotees fear it could be the next target. Human rights activist Yevgeny Zhovtis is outraged at the continuing destruction. “The authorities are showing that they will do what they want, despite the international outrage at the earlier demolitions of Hare Krishna-owned homes.” He believes the local administration chief “doesn’t care about the political damage to Kazakhstan’s reputation – or to its desire to chair the OSCE.”
ys Radha Mohan das
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Almaty regional Public Prosecutor's Office seems keen to seize property from religious communities, Forum 18 News Service has learnt. Six property cases against Christian and Muslim religious organisations in the region are known to have been initiated since mid-June. Amongst them is Agafe Protestant Church, the regional Economic Court ruling despite numerous violations of due process that the Church's building and land should be confiscated. A defence lawyer has received anonymous death threats, and an appeal will take place on 27 August. The regions' Hare Krishna commune also continues to struggle to retain its property. Similar attempts to seize religious property continue elsewhere in Kazakhstan. Near the north-western town of Alga, New Life Protestant Church has been evicted from its building. Grace Protestant Church in Semey, eastern Kazakhstan, has been forced to brick up windows, as the Fire Brigade insists on this "in case there is a fire in the neighbouring property." The Church has also been prohibited from using its own building.
Almaty Region, the area around Kazakhstan's commercial capital, seems to be keen to seize property from religious communities, Forum 18 News Service has learnt. Ninel Fokina of the Almaty Helsinki Committee told Forum 18 on 14 August that she knew of six property cases against Christian and Muslim religious organisations in the region, initiated by the region's Public Prosecutor's Office, between mid-June and mid-August.
Zhangazy Kunserkin, a defence lawyer who has acted in these cases, told Forum 18 on 15 August that one Protestant Church which wishes to remain unnamed was given a small fine in June for allegedly misusing land. Kunserkin, based on his experience, suspects that this will not be the end of the matter. "In six months the authorities will fine the Church again, and then they will try to confiscate the building." He also knows of some religious organisations who have reached agreements with the authorities that they do not wish to make public.
Rashid Abekov from the Almaty regional Public Prosecutor's Office told Forum 18 on 14 August that each case was considered on its own merits. He would not discuss why all the property cases are directed against religious organisations.
Similar attempts by the authorities to seize religious property continue elsewhere in Kazakhstan. In the small town of Alga, near the north-western city of Aktobe [Aqtobe], the authorities have been trying to seize the New Life Protestant Church's building (link - http://www.forum18.org/Archive.php?article_id=1120). On 12 May, Alga District Civil Court decided to evict the church. "We could not appeal against this, because the building was not listed as belonging to us on the official documents," Vasili Kim of the Church told Forum 18 on 20 August.
In 2005 the Hakimat (district authority) of Alga district decided to strip the church of its building, but church leaders did not want to challenge the authorities in the courts. The Hakimat took the case to Alga District Court without the Church knowing of this and the court decided that the church building was "derelict." Because this was not legally challenged, there are no grounds to appeal against the eviction.
The authorities did not offer any compensation to the Church, but said they might allow the Church to at its own expense buy land at commercial rates on the on the outskirts of the town. Kim explained that this would be too expensive, so they are trying to rent land.
"We are preparing all the necessary documents to rent land, but it's not going to be easy," Kim explained. "We have to overcome all kinds of bureaucratic barriers, including getting documents from officials responsible for electricity, architecture, public health, water and sewage," Kim complained. Once all these documents have been obtained, the land then has to be registered with the Hakimat.
The Deputy Akim (Head of Executive Authority) of Aktobe, Nurkhan Agniyazov, told Forum 18 on 20 August that he did not want to talk about the eviction. "I am not entitled to report to you what we do or do not do", he stated angrily.
The Agafe Protestant Church in Almaty Region is also struggling to retain its property. On Wednesday 27 August, the Region's specialised Economic Court is due to hear an appeal against the Court's 12 June decision to expropriate the church building and the 0.44 hectares (1 acre) of land on which it stands in the village of Pyramoy Put.
The Karasai district Public Prosecutor's Office brought the 12 June case before Judge Sholpan Murzekenova. District Prosecutor Kenjaly Usipbaev claimed, in a legal statement seen by Forum 18, that the Almaty regional Department of State Property Management and the Karasai district Hakim did not "appropriately organise" the transfer of state property to the Church. In October 2007, the Department of State Property Management gave the village's House of Culture to the Church free-of-charge, the Hakimat having in October 2004 sold the land on which it stood to the Church.
Vladimir Sadykov, a defence lawyer working on the case, told Forum 18 on 11 August that the church had invested much time, energy, and resources in the building, which was derelict for two years before the transfer. The heating, electric wiring, sewage and plumbing systems were ruined. The roof was totally ruined, and the façade of the building was partially destroyed. Sadykov stated that the Church had completely overhauled the building.
Another defence lawyer working on the case, Olga Parfyonova, told Forum 18 on 13 August that the Economic Court's expropriation decision "was done in haste, without proper questioning of witnesses." The people who transferred the building to the Church, Vyacheslav Filatov the former director of the House of Culture and Nasreddin Tusupov the Hakim of Irgeli rural district (now the Deputy Hakim of Karasai District) were not questioned by the Court. Parfyonova stated that courts of first instance often make such decisions in favour of the State or some influential persons without due process.
The Church's legal appeal of 26 June, which Forum 18 has seen, also notes that:
- the Court went beyond the stated case in questioning the legal status and "missionary activity" of the church's leader Ee Syn Bok;
- the Court did not investigate the circumstances of the case;
- the Court accepted testimony from a prosecution witness who had not been named in the Public Prosecutor's claim, Smagul Sadyrkuliuly of the village's Council of Veterans, without giving due notice of his testimony to the defence;
- the Court did not make Sadyrkuliuly swear that he was not giving false testimony;
- the Court claimed that as the building was not registered in the name of Ee Sun Bok, and she could not determine its legal status, but ignored the fact that the building is legally the property of the Church;
- the Court did not cite the legal owner, the Church, in the case;
- and the Court accepted false testimony from the Public Prosecutor that the Church is not registered with the Justice Ministry, even though it was registered on 7 March1996.
Also, the Church notes that the Public Prosecutor, in his claim that the transfer violated the Privatisation Law, ignored the fact that the transfer actually took place under the Religion Law. Article 16 of the Law entitles religious organisations to own property transferred by the state, and Article 17 entitles local executive authorities to transfer the rights of ownership of cultural buildings or the rights to use them to religious organisations.
Many other Houses of Culture were given away free-of-charge or sold to private persons, Parfyonova, the Church's lawyer, told Forum 18. "Former culture houses are now bars, restaurants, mosques and used for other purposes in Almaty region," she said. "However," she continued, "the authorities are mainly trying to get back buildings used by religious organisations."
Judge Murzekenova insisted to Forum 18 that the Agafe Church was not singled out by the authorities. "Although it is the first such court case in our district, other property cases have been tried by the courts in other districts and regions", she stated on 13 August. Asked why there were so many violations of due process, Murzekenova did not want to discuss the case further. "Look, I am not allowed to discuss the case with you over the phone," she said.
The Organisation for Security and Co-operation in Europe (OSCE) has found that court proceedings in Kazakhstan do not offer the guaranteed right to a fair trial. In a February 2007 report on trial monitoring, the OSCE found that Kazakh court proceedings needed to offer "the right of the public to attend court, equality between the parties and the presumption of innocence" (link - http://www.osce.org/item/23396.html).
Sadykov from the Church's lawyers complained to Forum 18 that he had received telephone death threats. "People, who I did not recognise, phoned me, and threatened that they would kill me if I did not drop pressing this case", Sadykov stated. Lawyers working on another case in Karasai District, the attempted confiscate of a Hare Krishna commune, have been intimidated into dropping the case (link - http://www.forum18.org/Archive.php?article_id=881).
"Courts were politically engaged" in Kazakhstan, Sadykov suggested. "I think there is an influential person interested in the building and the piece of land", he said. Commenting on the Church's extensive refurbishment of the building, he thought that "some people are interested in getting the building in good shape for free now."
Almaty regional Civil Court, presided over by Judge Murat Turzhan, decided on 16 July after the Church's appeal to partially cancel the Economic Court's decision and return the case for further investigation. However, Judge Turzhan has not stated what part of the Economic Court's decision was upheld. "We are dealing with many cases at the moment," he told Forum 18 on 13 August, "and I do not remember this."
Abekov from the Almaty regional Public Prosecutor's Office, asked whether they would punish also those from the Hakimat "guilty" of the "illegal" transfer, stated "let the court case finish, and only then we will talk to you about this." Fokina of the Almaty Helsinki Committee noted that the courts as a rule do not punish the authorities for making "illegal" decisions. "They will not do it because they are only interested in expropriating the religious organisations' property," she said.
Judge Zhanna Akhanova of the Economic Court will preside at the appeal hearing on 27 August.
The Hare Krishna community, also in the Karasai District of Almaty Region, continues its ongoing struggle to retain its property, and to resist the the authorities' attempts to move them to a rubbish dump without water outside Almaty (link - http://www.forum18.org/Archive.php?article_id=1120).
Maxim Varfolomeev of the Hare Krishna community pointed out that the authorities have left land confiscated from the community in early 2007 "empty and unused." "We were told by the authorities that they would give it back to the kindergarten," he told Forum 18 on 20 August, "but no one, including the kindergarten has done anything on the land." The Hakimat wronlgly claimed that the kindergarten could not use the land because the community still occupied it, Varfolomeev stated.
Viktor Golous, the leader of the Hare Krishna community, told Forum 18 on 20 August that they were notified by the Almaty regional Hakimat on 19 August that the community will be sued to force them off their own land.
The Deputy Hakim of the Almaty Region, Serik Mukanov, refused to talk to Forum 18 on 15 August about the religious property cases in the Region. "Call me in the afternoon" he told over the phone. When called in the afternoon, he hung up the phone as soon as he heard the name Forum 18.
Grace Protestant Church in Semey, in Eastern Kazakhstan Region, continues to face legal claims - which the Church strongly disputes that it does not comply with fire safety regulations. One example is a claim that their should be a six meter gap between their building and the next building. However, a church member told Forum 18, "there is no building on that land, it is an empty plot." Another commented that "it looks like they are trying to close down our church with any excuse" (link - http://www.forum18.org/Archive.php?article_id=1154).
Despite the flaws in the authorities' claims, the Church is trying to comply with the authorities' demands. "We have now bricked up windows facing a neighbour's property," a church member who wished to remain anonymous told Forum 18 on 20 August. The Fire Brigade had told the church that the windows must be bricked up "in case there is a fire in the neighbouring property."
It is unknown how much time will be needed to comply with the authorities' demands, however unreasonable. But the church building cannot be used until the authorities' demands are met. "In the meantime we are meeting in another small building," Forum 18 was told.
Kazakhstan's controversial new Religion Law, which contains numerous
violations of freedom of thought, conscience and belief (link - http://www.forum18.org/Archive.php?article_id=1141)
is currently expected to return to Parliament before the end of 2008. The
authorities continue to raid religious minority communities while they
are worshipping (link - http://www.forum18.org/Archive.php?article_id=1137).
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Immediately following the OSCE Parliamentary Assembly in Astana dedicated to "Transparency in the OSCE" the Kazakhstan government has begun a new attack on the embattled religious community of the Society for Krishna Consciousness.
The Karasai District Hakim, A. Musakhanov, has cancelled the license to use the buildings possessed by the Krishna Society. The deputy Hakim, M. Bigediev, has told the directors of the Krishna Society to "be ready for new court cases."
On July 11, 2008, the directors of the Krishna Society were called for a meeting with the Karasai deputy Hakim. They were presented a document that annuls the license to use the buildings, quarters and cottages owned by the Society for Krishna Consciousness.
The Karasai government issued the license permitting usage in 2001. The current Hakim, Musakhanov, signed the annulment document.
The Krishna Society representatives questioned the reason for revoking the license permitting the buildings usage. The government's legal representative told them that the government possesses the right to issue a license for usage and to arbitrarily revoke it.
The Krishna Society had no lawyers at the meeting and they did not comply with the order to sign the document. They requested the document be sent by registered post and upon receipt the Society's lawyers would review the document.
The deputy Hakim Bigediev responded by threatening, "Be prepared for new court cases."
The buildings in question include the Krishna Society's Temple, barn, and remaining residences.
The Kazakhstan government has been trying to establish legal status to demolish the Krishna Society's Temple and remaining properties.
In January 2008 the Department of State Architectural and Construction Control conducted a special investigation to determine if the buildings were legal.
In March 2008 the Hakim of Almaty Province instructed the Krishna Society that they had one week to accept unusable land plots. Failure to do so would result demolition of their temple and barn.
The Kazakh government prosecution against the Krishna Society began in 2005.
The process of selective discrimination has resulted in the demolition of 26 homes of the Hindu practitioners in 2006 and 2007. It also resulted in the confiscation of 116 acres of the legally owned property of the society.
The Kazakh government has offered no humanitarian aid or compensation to the society or it's members.
The Kazakh government has become a member of the OSCE managing troika preceding their 2010 chairmanship. According to the statements of the government officers, Kazakhstan may soon start legal procedures to legitimize the demolition of the only established Hindu temple in Kazakhstan and central Asia.
Kazakhstan continues to try to close places of worship, Forum 18 News Service has found. The latest incident is a court case brought against Grace Protestant Church in Semey, in eastern Kazakhstan. The Fire Brigade claim that their newly constructed place of worship does not meet fire safety requirements, stating that that there must be a six meter gap between their building and the next building. However, a church member told Forum 18, "there is no building on that land, it is an empty plot." Church members and their lawyer insist that all relevant building permits, including those from the Fire Brigade, are in order. But "the court ignored these documents." A church member told Forum 18 that "it looks like they are trying to close down our church with any excuse." The state's long-running attempts to intimidate Almaty's Hare Krishna commune also continue. In a separate case, a Soviet-era prisoner of conscience, Yegor Prokopenko, pastor of an unregistered Baptist church, has been fined for a second time in three years for unregistered religious activity. Local prosecutor Tatyana Semynina told Forum 18 that "they can believe as much as they want, but should not organize religious meetings."
Kazakh authorities continue to apply pressure against religious communities across the country, Forum 18 News Service has found. The latest example of the authorities' attempts to take places of worship away from religious minorities is a court case against Grace Protestant Church in Semey, in Eastern Kazakhstan Region. The case was brought before the regional Economic Court by Semey Fire Brigade on 25 June, Forum 18 was told by church members. The Fire Brigade claimed that the church's newly constructed place of worship does not meet fire safety requirements.
Semey Fire Brigade told Grace Church that there must be a six meter [six and a half yard] between their building and the next building, church members stated. However, they pointed out, "there is a wall two and half meters from our building, between us and the neighbouring plot of land." And, a church member continued, "there is no building on that land, it is an empty plot."
Judge Armana Kuzhambetova decided that until the church has fulfilled all the fire rules, it was prohibited from using their own building. A church member pointed out that the church had been under construction for four years, but "when we had just completed it the Fire Brigade suddenly appeared and told us we could not use the building." The church already has all the necessary building permits, including a permit from the Fire Brigade, "but the court ignored these documents," Forum 18 was told. "It looks like they are trying to close down our church with any excuse," a church member stated.
Marat Dauletin, Deputy Head of Semey Fire Brigade, claimed to Forum 18 on 2 July that Grace Church had violated fire regulations. "We did not bring them before the court for nothing", Dauletine stated. But he had difficulty in explaining exactly what fire regulations the church had violated. "I do not remember exactly, because they are just one organisation among many who we have brought before the court for violations," he said. "If they disagree they can hire a lawyer to defend their interests."
Judge Armana Kuzhambetova was not available to talk to Forum 18 on 3 July, but an official who answered the phone stated that Grace Church "either need to pull the building down and move it further away from their neighbour, or install a special fire system around the building." The official stated that they could not explain the "special fire system" over the telephone.
No such explanation of the Court's decision was given at the trial, Marasbek Raisov, the church's lawyer, told Forum 18 on 3 July. "This is the first time I have heard the reasons the Economic Court gave you," he told Forum 18. Despite the claims of the Fire Brigade, the lawyer, like church members, insisted that all the necessary official documents for the building's construction were in order.
A highly restrictive draft Religion Law will among other attacks on freedom of thought, conscience and belief - to ban all religious communities with less than 50 members from owning property (see F18News 10 June 2008). The Law completed its first reading in the Kazakh parliament on 11 June. Kazakh authorities are also carrying out raids and media attacks on religious minorities (see F18News 30 May 2008), as well as attacks on their right to own their own property (see F18News 25 April 2008).
In 2007, Semey authorities banned a mother and her young child from their home after a Court Executor sealed the Baptist church premises in Shymkent where they live, to prevent the church from meeting. The local National Security Committee (KNB) secret police tried to pressure the church's Pastor into informing them of everything happening within the church, claiming that "terrorists" are entering the congregation and conducting "subversive activity" (see F18News 23 July 2007). Along with authorities across Kazakhstan, local state authorities have pressured religious minority communities and their leaders into completing highly intrusive questionnaires (see F18News 25 February 2008).
Elsewhere in Kazakhstan, members of the Baptist Council of Churches network contiune to be fined. Zyryanovsk district Criminal Court, in East Kazakhstan Region, under Judge G. Zhumashova fined Yegor Prokopenko, the pastor of the town's unregistered Baptist Church 29,200 Tenge (1,230 Norwegian Kroner, 150 Euros, or 240 US Dollars). He is a Soviet-era dissident who was a prisoner of conscience, and this fine was for unregistered religious activity under part 1, article 362, of the Criminal Code.
Baptist Council of Churches congregations refuse on principle to register with the authorities in post-Soviet countries. Their congregation members are regularly prosecuted in Kazakhstan, Belarus and other states where in breach of international human rights standards - registration is compulsory.
Zyryanovsk Prosecutor Tatyana Semynina told Forum 18 that she could not do anything about the fine given to Prokopenko. "He has violated the Religion Law," she stated. "He must respect the Law". Told that this is a peaceful group of believers and asked why they should be punished for their faith, Semynina said that "they can believe as much as they want, but should not organize religious meetings." When asked what was wrong when groups of religious believers do not want to register as legal persons but want to worship together, Semynina said the question must be asked to the lawmakers. "We as State Prosecutors function according to the law," she emphasized. "There is the Religion Law, and we act based upon that Law."
Professor Roman Podoprigora of the Adilet Law School in Almaty has noted that Kazakh law contradicts itself on whether or not the registration of religious organisations is compulsory (see F18 News 4 August 2005).
Yegor Prokopenko, born 1926, was imprisoned several times during the Soviet period for his religious activity. His last Soviet-era jail sentence began in July 1982, when he was given a three year strict regime labour camp term. In June 2006, he was fined the very large sum of 103,000 Tenge (5,425 Norwegian Kroner, 686 Euros or 870 US Dollars) by Zyryanovsk District Specialised Administrative Court, while congregation member Pyotr Shevel was fined half that amount (see F18News 14 July 2006). Appeals against those fines were rejected (see F18News 1 December 2006).
Kazakhstan's long-running attempts to intimidate Almaty's Hare Krishna commune also continue. On 22 June, Orynbay Zhanedil, the Hakim (Head of the Executive Authority) of Zhetisu rural area of Almaty region's Karasai district personally intimidated devotees at a worship service of the Commune. "As the Krishna congregation arrived by bus at the commune, Orynbay Zhanedil also arrived accompanied by local policemen," Maksim Varfolomeev of the Hare Krishna community told Forum 18 on 30 June.
"The Hakim stopped our worshippers, and warned us that the meeting was illegal," complained Varfolomeev. "He demanded that we vacate the area within one hour, and threatened that, if we failed to comply, he would bring more police to conduct a check up on all the attendees." While leaving the commune, Zhanedil warned the Hare Krishna devotees that their land "belonged to him." The Hakim also confiscated the bus driver's driving license, returning it later with a warning "never to drive people to the Krishna commune again," Varfolomeev told Forum 18.
Zhanedil's actions "were a flagrant violation of our Constitutional rights", complained Varfolomeev. He also stated that the Hakim "violated Article 12 of the Religion Law," which states that religious worship, ceremonies and rites may be freely performed in places of worship. The Hakim has not since returned to the Commune, and Hare Krishna devotees contiue to worship in their temple.
Forum 18 has repeatedly tried to talk to the Hakim about the Hare Krishna Commune, but the telephone has been repeatedly put down by a woman who answered the call. At the most recent attempt to speak to the Hakim on 3 July, Forum 18 was told to "call back tomorrow when maybe there will be someone to talk to you."
In previous attempts to intimidate the Hare Krishna devotees into giving up their land, the local authorities have bulldozed about half of the houses on the commune, without offering compensation or alternative accommodation for the devotees made homeless (see F18 News 15 June 2007). The authorities continue to try to evict the Hare Krishna commune, offering unsuitable alternative land - including a rubbish dump (see F18News 25 April 2008).
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ALMATY, Kazakhstan: Kazakhstan's parliament tentatively approved a bill Wednesday intended to increase government control over the activities of religious associations.
The bill has drawn protests from rights groups, which say the changes will hinder religious minorities and could force some of them out of existence.
Under the proposed rules, missionary activities would be curtailed and fines for unregistered religious organizations sharply increased. The bill also would restrict the right to publish religious literature to a limited number of approved organizations.
Groups that are already registered would have to go through the procedure again.
"This bill will destroy all freedoms of conscience," said Ninel Fokina, head of the Almaty Helsinki Committee. "It bears no relation to the country's constitutional norms and to our obligations before the international community."
Lawmaker Kamal Burkhanov said the bill was drafted in the spirit of international democratic standards.
"We have 47 different confessional denominations in Kazakhstan, but in order for them not to disturb each other's work we have decided to put the system in order," said Burkhanov, who chairs a working group on the bill.
Kazakhstan submitted the proposed bill to the Organization for Security and Cooperation in Europe for scrutiny last month, but Burkhanov said the group had not yet voiced its findings.
The OSCE's Office for Democratic Initiatives and Human Rights said it sent its review to Kazakh authorities Tuesday evening and that further consultations will be held later this month.
Before the bill receives presidential approval, it must pass a second reading in parliament and then be scrutinized by the upper chamber and a constitutional review committee.
Kazakhstan has sought in recent years to convey the image of religious tolerance to the world. But human rights activists say its laws on religion have hampered freedom of conscience.
The oil-rich Central Asian nation hosted an international forum on religious rights in 2006, swiftly building a 77-meter (250-foot) glass pyramid-shaped venue costing more US$65 million (€42 million) in the capital, Astana, in time for the meeting.
But observers say constant changes to the law regulating religious organizations have seriously harmed minority faiths.
"Restrictions are tighter, controls are more intrusive, and those that want to peacefully practice their faith in conditions the government doesn't like face more and more restrictions," said Felix Corley, editor of Forum 18, a Norwegian-based religious freedom advocacy group.
Amendments passed in 2005, ostensibly aimed at addressing concerns about national security, required all religious activity to be registered. The OSCE condemned the measures as a breach of Kazakhstan's commitments on freedom of association, religion and expression.
Earlier this year, 82-year old Baptist pastor Yegor Prokopenko was fined 29,200 tenge (US$240, €155) by a court in eastern Kazakhstan for refusing to register his group. Baptist pastors remain adamant that even the prospect of stiffer penalties will not change their position.
"We consider all requirements to register as an interference in our affairs," said fellow Baptist pastor Dmitry Jantsen. "We lived in the Soviet Union and we know perfectly well what registration is all about."
By BB Govinda Swami
Press Release
June 17, 2008
As an effort to resolve the conflict caused by the destruction of 26 homes and confiscation of 116 acres of property of the Society for Krishna Consciousness the Kazakhstan government has continually offered unsuitable land plots.
The latest offer has been 10 acres of a landfill/garbage dump in Illi District, Almaty Province.
The directors of the Krishna Society have repeatedly expressed their willingness to cooperate with government authorities to resolve this conflict. But, they have expressed that they cannot accept an active garbage dump, which does not have drinking water or water for irrigation, as a satisfying resolve.
The chairman of the Krishna Society was informed on June 17, 2008 that the government has officially allotted this parcel of land despite the Krishna Society not having agreed to accept the plot.
In a telephone conversation with the Deputy Hakim of Almaty Province, Serik Mukanov, the officials of the Krishna Society were warned that failure to comply to this order could result in the loss of the Temple building and barn which the society still occupies in Karasai District. The deputy Hakim stated that he would contact the Karasai District government with the instruction that they resolve the issue.
The Karasai District government oversaw anti-Krishna media broadcasts, opened court cases against the society, oversaw the demolition of homes of the community members, and has had the 116 acres of community land returned to the land reserve of the district.
The pretence for the confiscation of the 116 acres is that forgery was committed in the original sales and purchase agreement. To date there has no ruling that forgery took place.
The farm of the Krishna Society was legally purchased and privatized by the society. It is presently valued as a multi-million dollar property. The farm was the main center of the Krishna religion in Kazakhstan and central Asia.
Many families were displaced by the demolitions that took place during the winter of 2006 and summer of 2007. Despite requests by OSCE, the American government, and the International Helsinki Foundation, the Kazakh government offered no humanitarian aid or compensation to the families following the destruction.
The Krishna Society has been featured in recent television reports against non-traditional religions in Kazakhstan. The latest wave of anti-sect media propaganda has intensified as the Kazakh government is reviewing controversial amendments to the religious laws of the Republic of Kazakhstan. Human rights observers have stated that the amendments would be in gross violation of international standards of freedom of religion and belief.
Society for Krishna Consciousness Kazakhstan
+7 701 7407943
+7 72771 34287
Visit www. kazakhkrishna. com to see the tragedy of the Hare Krishna community in Kazakhstan.
See the video of the destruction of the Krishna Community:
http://www.kazakhkrishna.com/en-video/4.htm
The following was excerpted from an article by the religious freedom news service Forum 18. The full article can be read in its original context here.
In attempts to intimidate the Hare Krishna devotees to give up the land, the local authorities [Almaty, Kazakhstan] in the past demolished some of the houses on the land where the devotees used to live.
Maxim Varfolomeev of the Hare Krishna Community told Forum 18 on 18 April that the Regional Akimat has given them an ultimatum to vacate the place as soon as possible. "Otherwise the authorities pledge to pull down our temple and other buildings including living residences in our presence," Varfolomeev told Forum 18.
Serik Umbetov, the Akim of the region, gathered officials of Akimats of local districts around Karasai region, and the leaders of the Hare Krishna commune on 25 March to offer an alternative site for the commune. "The authorities through the court stripped our property rights to 49 hectares of fertile lands next to a beautiful lake which is also within an hour of Almaty city," complained Varfolomeev. "But now they won't give us a minimum of two hectares needed for building of the temple, the housing of the devotees and the shed for the cows."
At the meeting the Hare Krishna community was offered four places in different districts but found none of them appropriate, Varfolomeev reported. "One site is next to a rubbish dump, another is next to a cemetery, and the best is on a hill that would need to be levelled out," he said. All these sites are too remote and cannot be reached by public transport, which would make it very difficult for members to attend the meetings, he complained.
The new head of the Justice Ministry's Religious Affairs Committee, Ardak Doszhan, received the leaders of the Hare Krishna commune at his office in Astana on 28 March and promised to give his support to the commune, Varfolomeev told Forum 18. The authorities have not taken steps to demolish the buildings yet. "This shows us that the Akimat is trying to talk us into signing papers that we agree to the plans to move us out of the current location, so they can have a legal basis for the demolition," he said. The Commune is resolute in its decision not to give in to pressure and sign any papers. "We just want two hectares of land on even ground in an appropriate surrounding not far from the city," reiterated Varfolomeev.
Gazizat Shtabaeva of Karasai Akimat, who now oversees the land dispute, was reached by Forum 18 on 25 April but she declined to talk about the issue.
"Ryskul Zhunisbaeva who used to oversee this dispute has now resigned from her position, and I have just taken over this issue," she said. "I don't know much about it at the moment."
Ardak Zholtaev, the Assistant to the Akim, declined to talk about the issue over the phone to Forum 18 on 25 April. The telephone of the deputy Akim, Edil Kaliev, went unanswered. Kayrat Tulesov, the deputy chairman of the Religious Affairs Committee, also declined to discuss the case with Forum 18 by telephone on 25 April.
Among other religious communities, Jehovah's Witnesses, independent Muslims and Protestant churches continue to suffer in Kazakhstan. Recently a group of 15 independent Muslims were given heavy prison sentences for belonging to a terrorist organisation. 14 of the 15 Muslims were given prison sentences of between 14 and 19 and a half years at a closed trial. The fifteenth received a three-year corrective labour sentence. The terrorist allegations by the authorities were not proven, according to independent legal experts in Kazakhstan.
A young mother with her newborn baby, photographed from outside her window as Kazakh police break down her door and prepare to demolish her home.
On March 25, 2008 the directors of the Krishna Society were summoned to a meeting organized by the Hakim of Almaty Province. The subject of the meeting was the imminent eviction of the Religious Organization Society for Krishna Consciousness from their property in Karasai District.
The Krishna organization was given a period of one week to accept the government demands to vacate their developed 116 acre farm. The proposed alternative is a 5-acre plot of undeveloped land in the wilds of Talgar district. The proposed site is further from Almaty city than their current location.
The Krishna Society was informed that if does not accept these conditions, within one week, that the officers of GASK (the State Architectural and Construction Board), will open a lawsuit to demolish the Krishna Society's existing temple and barn.
The Krishna Society's project near Almaty is a unique spiritual center for Kazakhstan and the entire CIS. It serves as the cultural center for the followers of the Krishna faith in Central Asia.
The three-year prosecution against the Society has resulted in the demolition of 26 homes of the faithful. The Society's 116-acre farmland has been confiscated and returned to the Kazakh Government Land Reserve.
During the meeting on March 25th it was announced that the confiscated land would be subdivided and sold by the government for private villas.
The religious organization will be liquidated when it loses its current legal address. The followers of the Krishna belief will be deprived of the opportunity to practice their religion collectively, which is the main component of freedom of conscience and faith.
A fair and reasonable solution to this conflict would underline Kazakhstan's commitment in upholding international commitments to human rights, religious tolerance and ethnic amity. But in this case there is no element of fairness to be found.
For more information visit http://www.kazakhkrishna.com
ASTANA, Kazakhstan -- Kazakh President Nursultan Nazarbayev criticized foreign missionaries on Thursday as a threat to national stability and urged lawmakers to curb their activities.
The mainly Muslim country has positioned itself as an area of stability in the potentially volatile Central Asian region. But some rights groups have criticized its treatment of small groups such as Hare Krishna.
Speaking at a congress of the Nur-Otan party, which holds all seats in the lower house of the parliament, Nazarbayev said foreign missionaries posed a threat to secularity.
"We are a secular state where religion is separated from the state, but this does not mean Kazakhstan should become a dumping ground for all kinds of religious movements," he said the veteran leader, without naming any groups.
"There are tens of thousands of missionary organizations working in Kazakhstan today. We don't know what their aims are. ... We cannot leave it like that and let them do something that our country does not need," he said.
Nazarbayev often singles out ethnic and religious accord as one of his main achievements in the country, which has a large Orthodox Christian community.
But Western human rights groups say religious intolerance toward smaller groups is on the rise.
The Organization for Security and Cooperation in Europe criticized Kazakhstan last year for destroying houses belonging to followers of Hare Krishna, who practice yoga and vegetarianism in a village near Almaty.
November 11, 2007
On November 8, 2007, the Supervisory Panel of the Almaty Provincial Court cancelled its previous decision on the transfer of 116-acre Krishna Society farm to Mr. E. Abdykalykov. The court ruled that the land be again returned to the Kazakhstan Government.
This is the second time the court has returned the property to the government of Kazakhstan.
In April 2007, by decision of the provincial court, the property which was legally owned by the Krishna Society was transferred to the state land reserve. This decision was enacted without compensation to the Society.
On October 23, 2007 Abdykalykov presented an appeal to the provincial court to regain ownership of the property.
The panel of judges satisfied his appeal despite his right of appeal having expired twenty-two months earlier. When the land was returned to his ownership he appeared at the Krishna farm demanding the society vacate the territory within one week.
But, during the November 8th hearing, a joint protest of the decision was presented by the prosecutor of Almaty Province and supervisory appeal of the Hakimat (Governor) of the Karasai District.
The protest was based on new evidence which stated that the disputed 116-acre property was offered, on a lease of five years, to an orphanage for a summer camp.
Abdykalykov was not present on the court hearing. The panel of judges ruled in favor of the government and transferred the land back to the land reserve of the Karasai district.
On November 10, 2007 Abdykalykov became aware of the decision. He explained that he had not been informed of the hearing and still considered himself to be the rightful owner of the property. Karasai District was represented by the Hakimat's hired advocate and Ryskul Zhunisbayeva, the Hakimat's expert on religious issues.
Ms. Zhunisbayeva was last seen leading a migration police raid at the Krishna farm in September. She has also presented inflammatory statements regarding the Krishna Society on the national television.
Her xenophobic attitude to the Krishna followers, and her presence at the hearing, only gave further evidence that the Krishna issue is not an economic dispute, as the government continues to advocate, but is motivated by bigotry against a religious minority.
The Prime Minister of Kazakhstan, Mr. Karim Masimov, has issued a directive to dismiss Karasai District Hakim BS Kutpanov on charges of corruption related to property deals. Kutpanov is the government official who illegally acted as the plaintiff in every case against the Krishna community.
"The Prime Minister ordered the dismissal of the official responsible for this tragedy, now the government must acknowledge that things have gone terribly wrong in the handling of the Krishna issue, and resolve it fairly with our community," said Shyama Gopal, Krishna spokesperson. "For three years the government has procrastinated in fairly resolving the issue, now it is time to address it.
The land in question was properly purchased, privatized, and cultivated by the Krishna Society for eight years, and today provides food for the members, and also 30 dairy cows owned by the community.
On that property, forty Kazakh citizens still worship in their small temple, still cultivate the land, and still care for their cows. They do this despite the fact that the government has destroyed twenty-six of their homes and more than 500 members of the Krishna faith from Almaty city and province have been deprived of their place of worship.
"The Kazakh government's new claim that it plans to give children a summer camp for five years is just a smoke screen. After five years, who will camp on it next?" asked Shyama Gopal.
Image: http://www.kazakhkrishna.com
Hare Krishna members' homes demolished by the Kazakh government.
Madrid Foreign Ministers of the 56 member states belonging to the Organization for Security and Cooperation in Europe (OSCE) will discuss the issue of Kazakhstan’s bid to chair the OSCE in 2009, at the group’s meeting of the Council of Ministers, held here on November 29-30. The current meeting follows the OSCE’s earlier decision to postpone approving Kazakhstan’s bid until the Central Asian country could demonstrate efforts to improve its poor human rights record.
The ongoing persecution of a Hare Krishna community in Almaty which the OSCE Advisory Council said “raises serious issues regarding the enjoyment of the freedom of religion and belief by members of the Hare Krishna community in Kazakhstan” is said to be one reason the bid was turned down.
Since then, however, the plight of the Krishna devotees and other persecuted religious minorities seems only to have gotten worse. A series of court rulings, contested by the devotees and by human rights activists as seriously compromised, have officially handed ownership of the116-acre Krishna community over to the government. Meanwhile, officials continue to deny that the matter is in any way connected to the group’s religious faith or that the government acted improperly in confiscating the coveted property.
Human rights experts disagree. In a Congressional Hearing held in Washington, DC last month, Kazakh human rights expert Yevgeniy Zhovtiz and U.S. Representative Christopher Smith both called Kazakh Ambassador Erlan A. Idrissov to task on reports that his country was sponsoring religiously motivated land grabs.
“I will not be able to support a Kazakh bid any year until the country makes the substantive reforms. And that's what we're calling for,” Mr. Smith testified at the hearing. Smith also called the confiscation of the Krishna farm a “compelling issue” and likened it to a “holdover from the Nazi era [and] the Communist era.”
In a curious twist, only one month ago,Kazakhstan Prime Minister Karim Masimov ordered the forced resignation of several local officials (hakims)—including the one overseeing the area with the confiscated Krishna property. KazakhstanToday reported that Hakim Bularbek Kutpanov of the Karasai district of Almaty was among several local officials given the pink slip as part of a purported corruption crackdown. According to the report, the Prime Minister left the question of punishment or censure of the ousted hakims “up to the head of the state.”
“The fact that the governor was removed only underscores what we have been trying to communicate to the Kazakhstan government all along: that corruption and persecution on the ground level is making a mockery of Kazakshtan’s stated ideals,” opined Hare Krishna spokesperson Vyenkata Bhatta Dasa, who helped to author ISKCON’s report on the persecution. “At the same time, we can’t help but wonder whether this is a genuine attempt to weed out the corrupt and abuse players, or just an attempt to repair Kazkahstan’s tarnished image in time for the OSCE meeting.”
By (Bhakti Bhrnga) Govinda Swami on 6 Nov 2007
On November 4, 2007, the practitioners of the Society for Krishna Consciousness were informed that they have one week to vacate their farm.
Mr. Ermek Abdykalykov, the former owner of the Krishna property, visited the Krishna farm during the Sunday services, and placed this demand upon the members of the community. He stated that since the provincial court has ruled in favor of his appeal and he has set the deadline of one week for the society to vacate the premises.
According to the ruling of the supervisory instance of the Almaty provincial court of October 23, 2007, Abdykalykov’s appeal to regain possession of the land was satisfied. Thus the sale and purchase contract of 1999 with the members of the Society for Krishna Consciousness was cancelled and 116 acres of land were returned to him as a former owner.
This action is an ongoing instance of the flawed judiciary and blatant breakage of rule of law of the nation.
In a previous hearing of the same court, the 116-acre land was returned to the land reserve of the Republic of Kazakhstan. The satisfaction of Abdykalykov’s appeal has again shown the ability to manipulate the Kazakh judiciary for the purpose of confiscation of properties.
It should be noted that Abdykalykov’s right of appeal expired 22 months ago.
During his visit to the Krishna farm, Abdykalykov was accompanied by Mr. Batyr, who had previously visited the Krishna farm and had introduced himself as an “an interested party from Astana.” When formally requested to identify themselves only Abdykalykov responded.
Walking freely on the property they questioned how native Kazakhs, who are Moslems, have become Hindu Krishna believers. They then emphatically declared that, “Now, finally, we will finish the Krishna Society. At that point they left without waiting for the society chairman who was on his way from the city.
On November 5, 2007 the chairman of the Krishna Society was informed by the Secretary of the Provincial Court that the decision of the October 23rd case has been written and is in the post.
Kazakh officials have repeatedly attempted to assure the world community that the Krishna land has been commissioned for usage as an orphanage. The Kazakh ambassador to the United States, Mr. E. Idrissov, presented this point during a congressional hearing in Washington in October.
The chairman of the Religious Committee, Mr. E. Tugzhanov echoed the same point in a meeting with the officials of the Krishna Society in Astana on November 1, 2007. He stated, “Our government wants this property. Do you actually think that the government can give up this land so easily?”
The Religious Committee repeatedly states that the Krishna Society was offered 5 acres of land in Talgar District as compensation for the 116 acres confiscated by the government. When asked why the government does not place its orphanage in Talgar District, and allow the Krishna Society to remain on their own property, the committee repeatedly states that the land was lost in the “courts of Kazakhstan.”
But if this committee, and the Kazakh government, have raised objection to the October 23rd court decision, why is it not possible for them to understand that all other cases in regard to the Krishna issue have been the products of procedural flaw, and biased judgments.
In one Provincial Court hearing the judge questioned if the Krishna Society was a “terrorist organization.” The officer of the government land committee replied yes, and, the case was ruled against the Krishna Society.
The Krishna Society has been ordered to vacate the land within one week. The Hindu practitioners are fearful that they will be subjected to violent measures to evict them from their property. It is a common practice to engage gang members or mobsters to violently evict tenants.
If this situation arises only Abdykalykov will be responsible for the violence. The Kazakh government will remain uninvolved.
Thus, the Krishna Society will be driven out by Abdykalykov’s hands and later the Prosecutor’s office will contest the October 23rd ruling and return the land to the Kazakh government.
That is the apparent cause of the government’s escalated actions. The Krishna member will be beaten and forcefully driven away and their 116-acre property will be awarded for the noble usage as an orphanage.
Submitted by jswami on November 11, 2007 - 4:39am.
from His Holiness Bhakti Bhringa Govinda Swami, leader for the Hare Krishna devotees in Kazakhstan
November 5, 2007
On November 4, 2007, the practitioners of the Society for Krishna Consciousness were informed that they have one week to vacate their farm.
Mr. Ermek Abdykalykov, the former owner of the Krishna property, visited the Krishna farm during the Sunday services and placed this demand upon the members of the community. He stated that since the provincial court has ruled in favor of his appeal and he has set the deadline of one week for the society to vacate the premises.
According to the ruling of the supervisory instance of the Almaty provincial court of October 23, 2007, Abdykalykov’s appeal to regain possession of the land was satisfied. Thus the sale and purchase contract of 1999 with the members of the Society for Krishna Consciousness was cancelled, and 116 acres of land were returned to him as a former owner.
This action is an ongoing instance of the flawed judiciary and blatant breakage of rule of law of the nation.
In a previous hearing of the same court, the 116-acre land was returned to the land reserve of the Republic of Kazakhstan. The satisfaction of Abdykalykov’s appeal has again shown the ability to manipulate the Kazakh judiciary for the purpose of confiscation of properties.
It should be noted that Abdykalykov’s right of appeal expired 22 months ago.
During his visit to the Krishna farm, Abdykalykov was accompanied by Mr. Batyr, who had previously visited the Krishna farm and had introduced himself as “an interested party from Astana.” When formally requested to identify themselves, only Abdykalykov responded.
Walking freely on the property, they questioned how native Kazakhs, who are Muslims, have become Hindu Krishna believers. They then emphatically declared that, “Now, finally, we will finish the Krishna Society. At that point they left without waiting for the society chairman, who was on his way from the city.
On November 5, 2007, the chairman of the Krishna Society was informed by the Secretary of the Provincial Court that the decision of the October 23rd case has been written and is in the post.
Kazakh officials have repeatedly attempted to assure the world community that the Krishna land has been commissioned for usage as an orphanage. The Kazakh ambassador to the United States, Mr. E. Idrissov, presented this point during a congressional hearing in Washington in October.
The chairman of the Religious Committee, Mr. E. Tugzhanov, echoed the same point in a meeting with the officials of the Krishna Society in Astana on November 1, 2007. He stated, “Our government wants this property. Do you actually think that the government can give up this land so easily?”
The Religious Committee repeatedly states that the Krishna Society was offered 5 acres of land in Talgar District as compensation for the 116 acres confiscated by the government. When asked why the government does not place its orphanage in Talgar District and allow the Krishna Society to remain on their own property, the committee repeatedly states that the land was lost in the “courts of Kazakhstan.”
But if this committee and the Kazakh government have raised objection to the October 23rd court decision, why is it not possible for them to understand that all other cases in regard to the Krishna issue have been the products of procedural flaw, and biased judgments.
In one Provincial Court hearing the judge questioned if the Krishna Society was a “terrorist organization.” The officer of the government land committee replied yes, and the case was ruled against the Krishna Society.
The Krishna Society has been ordered to vacate the land within one week. The Hindu practitioners are fearful that they will be subjected to violent measures to evict them from their property. It is a common practice to engage gang members or mobsters to violently evict tenants.
If this situation arises only Abdykalykov will be responsible for the violence. The Kazakh government will remain uninvolved.
Thus, the Krishna Society will be driven out by Abdykalykov’s hands, and later the Prosecutor’s office will contest the October 23rd ruling and return the land to the Kazakh government.
That is the apparent cause of the government’s escalated actions. The Krishna member will be beaten and forcefully driven away, and their 116-acre property will be awarded for the noble usage as an orphanage.
By Felix Corley for Forum 18 News Service on 9 Nov 2007
A court in Kazakhstan decided on 23 October to hand a confiscated Hare Krishna farm near the commercial capital Almaty from the regional authority's ownership into the hands of the man who originally sold it in 1999. But since the court decision, Forum 18 News Service has learnt, a battle has emerged between the state and the new "owner".
The Hare Krishna commune fears that this conflict has made their community even more vulnerable. "Now the court has transferred the land to a private individual, the authorities will have a strong basis to argue that this is a purely economic issue," Maksim Varfolomeyev of the Hare Krishnas told Forum 18 from Astana on 1 November. "They can claim that any expulsion is a private matter between the owner and us. They have someone to do their dirty work for them. It is a very dangerous situation."
Varfolomeyev insists that religious factors are behind the long-running campaign to crush the commune. "The conflict is based upon the apparent and proven intolerance of a minority religious group," he told Forum 18.
Amongst other religious minorities facing Kazakh authorities' hostility are Presbyterians targeted by the KNB secret police, Baptists facing home confiscations for "illegal" worship and Jehovah's Witnesses fined for worshiping without state registration.
A new Religion Law is planned to even more severely restrict religious freedom. Presidential and Justice Ministry documents encourage intolerance of religious minorities including Ahmadi Muslims.
Ermek Abdykalykov, who sold the rights to use the 47.7 hectare (118 acre) farm in 1999, lodged a suit to have the sale annulled, eight years on. The Hare Krishna community claims the deadline for him to challenge the original sale had run out 22 months earlier. Yet his suit was upheld at the 23 October hearing in the Supervisory Division of Almaty Regional Court, overturning a 2006 court ruling that the land should be taken from the Hare Krishna community and handed to the local authority. The Hare Krishna community expressed astonishment that the three judges accepted Abdykalykov's claim based only on his oral presentation and with no documentation.
Abdykalykov in 1999 sold the rights to use the farm land (before the law allowed privatisation) to three individuals, who later sold it on to one individual (not a Hare Krishna devotee) who was prepared to hold legal title on behalf of the community. The land was privatised in 2004. The following year the community bought it from the owner in the name of the community, but the authorities repeatedly refused to register the community's formal ownership of the land.
Varfolomeyev said the latest court ruling was unprecedented. "It is very strange that the government took back the land and then gave it to another individual. In Kazakhstan this is incredible." He says that Abdykalykov will "definitely" expel the commune from the farm.
Yet Yerali Tugzhanov, Kazakhstan's senior religious affairs official, angrily rejected the 23 October court ruling. "The land still belongs to the authorities. Why should any private individual have any claim to it?" he told Forum 18 from Astana on 1 November. "I don't know what right this individual has, but that's his problem." He insisted that the General Prosecutor's Office "and other agencies" are already looking into the legality of the court decision.
But Tugzhanov, who has been deeply involved in the long-running state attempts to close down the commune, had little comfort for the Hare Krishna devotees. "The land doesn't belong to the Hare Krishna community either it's long been in the hands of a children's home," he insisted. He declined to answer any other questions, declaring that he does not "get involved in legal questions" and put down the phone.
No official has previously told Forum 18 that the land has been handed to a children's home. Forum 18 was unable to reach any officials at the Karasai District Akimat (administration) on 1 November to find out if this is true. The woman who answered the phone of Gulnara Sultanova, the head of the Akimat's Internal Policy Department, told Forum 18 that she was out. No other official was available to discuss the case.
Varfolomeyev of the Hare Krishna community regards the claims that the land has been given to a children's home as a "trick". "It's obvious that people will still be following what happens to the land," he told Forum 18. "The officials want to show they're not bad people, so they will say they confiscated the land from the Hare Krishna community to hand to a children's home."
On 28 October, Forum 18 visited the Sri Vrindavan Dham commune - located in the village of Seleksia in Zhetisu rural area of Karasai district and named after the "beautiful forest of Vrindavan" in India where Krishna spent his youth. The commune's temple is located in the two-storey former farmhouse.
Some 40 devotees live crammed into buildings on the farm since 26 Hare Krishna-owned homes on separate plots near the farm were demolished by the authorities in November 2006 and June 2007. No compensation was ever offered for the seized farm or for the 26 bulldozed homes. Similar homes owned by non-Hare Krishna devotees on the same basis have not been touched. In September, Migration Police accompanied by the police and Akimat officials raided the commune.
The commune has decided not to plant any new crops on the farm because of the uncertainty, but it retains its herd of some 30 cows, an animal considered sacred by Hindus. Hare Krishna devotees told Forum 18 that Abdykalykov, the new "owner", had telephoned commune members several times and harassed them. He told the devotees the most he could do is to pay for the buildings on the farm. Forum 18 tried repeatedly to reach Abdykalykov on 1 and 2 November, but his mobile phone was switched off.
Azamat Aitzhan, an Almaty-based lawyer who represented the member of the Hare Krishna community in whose name the farm was owned, told Forum 18 on 1 November that he was present at the 23 October hearing, but was not allowed to participate. "In accordance with the Civil Procedure Code I should have been allowed to participate, but the judge refused to allow this. I'm going to lodge a complaint about that."
Aitzhan admitted that the hearing was "strange". "It was fairly one-sided in court I was the only one there on behalf of the Hare Krishna devotees." He said the representative of the Almaty Regional Prosecutor's Office had urged that the land continue to be held by the regional administration, but that the court had rejected this.
The Organisation for Security and Co-operation in Europe (OSCE) has found that court proceedings in Kazakhstan do not offer the guaranteed right to a fair trial. In a February 2007 report on trial monitoring, the OSCE found that Kazakh court proceedings needed to offer "the right of the public to attend court, equality between the parties and the presumption of innocence".
Hare Krishna community lawyer Aitzkhan declined to speculate on who the farm should ultimately belong to. "The law covering land ownership is contradictory, and anyone who wants to can find a pretext for questioning any transaction," he told Forum 18. "No land-owner in Kazakhstan has a guarantee that tomorrow their land might not be taken away from them. But I can't say that either the 2006 court decision to take the land away from the Hare Krishna devotees and hand it to the local authority, or the latest decision to hand it to the original user is legal. We consider neither decision to be legal."
Aitzhan said that the decision to transfer the land to the original user came into force immediately it was announced, though the court has up to one month to issue the decision in writing. He said he would lodge an appeal on behalf of the member of the Hare Krishna community as soon as he has been able to study the written decision. He said he did not know if the prosecutor's office will also appeal against the decision.
The lawyer added that now the land has officially been transferred to the original user Abdykalykov, he could now remove the Hare Krishna devotees from what is now officially his land.
Varfolomeyev and fellow devotees were in Astana, the capital, on 1 November to meet officials. They believe the order in late October by the Prime Minister Karim Masimov to remove from office a number of akims (administration chiefs), including Karasai District Akim Bolat-bi Kutpanov over alleged corruption, makes the time right for officials in the capital to review all decisions over the commune.
"Now the Prime Minister himself is confirming the fact of the corrupted actions of the ex-Akim," Varfolomeyev told Forum 18. "It would be nice if the government would not stop at verification of this fact, but would take concrete steps to eliminate the consequences of the ex-Karasai Akim's malpractice in regard to the Krishna community."
By BB Govinda Swami
On November 8, 2007, the Supervisory Panel of the Almaty Provincial Court cancelled its decision on the transfer of 116-acre Krishna Society farm to Mr. E. Abdykalykov. The court ruled that the land be again returned to the Kazakhstan Government.
This is the second time the court has returned the property to the government of Kazakhstan.
In April 2007, by decision of the provincial court, the property which was legally owned by the Krishna Society was transferred to the state land reserve. This decision was enacted without consideration of compensation to the Society.
On October 23, 2007 Abdykalykov presented an appeal to the provincial court to regain ownership of the property.
The panel of judges satisfied his appeal despite his right of appeal having expired twenty-two months earlier. When the land was returned to his ownership he appeared at the Krishna farm demanding the society to vacate the territory within one week.
But, during the November 8th hearing, a joint protest of the decision was presented by the prosecutors of Karasai District and Almaty Province.
The protest was based on new evidence which stated that the disputed
116-acre property was offered, on a lease of five years, to an orphanage,
for camping in the summer.
Abdykalykov was not present on the court hearing. The panel of judges ruled in favor of the government and transferred the land back to the land reserve of the Karasai district.
On November 10, 2007 Abdykalykov became aware of the decision. He explained that he had not been informed of the hearing and still considered himself to be the rightful owner of the property.
Karasai District was represented by the Hakimat’s hired advocate and Ryskul Zhunisbayeva, the Hakimat’s expert on religious issues.
Zhunisbayeva was last seen leading a migration police raid at the Krishna farm in September. She has also presented inflammatory statements regarding the Krishna Society on the national television.
Her xenophobic attitude to the Krishna followers, and her presence at the hearing, only solidified the doubt that the Krishna issue is an economic dispute with no traces of religious discrimination.
The Prime Minister of Kazakhstan, Mr. Karim Masimov, has issued a directive to dismiss Karasai District Hakim BS Kutpanov on charges of corruption related to property deals. Kutpanov is the government official who illegally acted as the plaintiff in every case against the Krishna community.
As the Prime Minister has ordered the dismissal of the official responsible for this tragedy, why can’t the government acknowledge that things have gone terribly wrong in the handling of the Krishna issue.
For three years the government has procrastinated in fairly resolving the issue. Now, the government has placed the Krishna community and camping orphans on a collision path. This further complicates the unresolved issue.
The land was properly purchased, privatized, and cultivated by the Krishna Society for eight years. This provided food for the members, and dairy cattle, of the community.
On that property, forty Kazakh citizens, faithful Krishna devotees, still worship in their small temple. They still cultivate the land, and still care for their cows. They do this despite the fact that the government has destroyed twenty-six of their homes.
They stay because the government has made no fair offer of compensation for the destruction that has taken place due to discrimination and corruption in the Karasai District.
More than 500 members of the Krishna faith from Almaty city and province have been deprived of their place of worship.
Truly, the Kazakh government’s efforts to give children a summer camp, even if only for five years, is noble. But after five years of summer camp, what will happen to this multi-million dollar property? Who will camp on it next?
The real question is why should this be done at the expense of peaceful citizens who have purchased property, made sizable investments, and who are ultimately left with no compensation?
Press-service,
Society for Krishna Consciousness Kazakhstan
+7 701 7407943
+7 72771 34287
Visit www. kazakhkrishna. com to see the tragedy of the Hare Krishna community in Kazakhstan.
See the video of the destruction of the Krishna Community:
http://www.kazakhkrishna.com/en-video/4.html
Asian Image (UK) on 24 Oct 2007
The British government is being urged to speak to the Kazakhstan President to stop the harassment and human rights abuse against minority Hindu communities in that country.
British MP's this week said they would pressure the Foreign Secretary to act after attending an event organized by the Hindu Forum of Europe at the House of Commons.
At the event two Kazakh human rights activists, Yevgeniy Zhovtis and Ninel Fokina made a presentation on how Hindu houses have been selectively targeted for demolition and a Hindu temple confiscated by a Kazakh Government that they claim is increasingly modeled on the totalitarian style of the older Soviet Union'.
Despite international pressure, the local Government in Kazakhstan has decided to demolish houses belonging to 100 Hindus without following any procedure, protocol or observance of human rights.
Riot police moved into Hindu properties and demolished them on 21 November 2006 and again on 15 June 2007 to render Kazakh citizens homeless simply because they were Hindu, while people of other faiths living in the same area have no problems and continue to live without any form of discrimination.
This was followed by an official order of the government to demolish the Hindu Temple and the dairy farm of the community.
The Temple continues to be under threat and the authorities could come at any time to demolish it.
Despite flagrant disregard for minority faith communities and blatant violation of human rights, Kazakhstan is seeking to Chair the Organisation of Security and Cooperation in Europe (OSCE), a body that safeguards human rights in Europe.
British MPs have now promised to take up this issue with the Foreign Secretary as well as the Foreign Affairs Select Committee. They plan to table an Early Day Motion to seek support from other MPs.
"The human rights abuse against Kazakh Hindus is shocking," said Virendra Sharma MP, who was one of the hosts of the event. "It is important that international institutions and world governments begin to understand the scale of abuse against minorities like Hindus and Baptists that is taking place in this country."
"Freedom to practise one's religion is an absolute right," said James Clappison MP who was also hosting the event. "We cannot just stand back and do nothing when women and children are being rudely thrown out of their homes into the streets during freezing winter conditions."
Referring to the Kazakh Government's official stand that the dispute was a legal matter, Sarah Teather MP, another Parliamentary host for the event commented, "Laws are made to uphold human dignity. If they allow minority communities to be persecuted, then it is clear that they need to be changed."
Faith leaders form the Sikh, Buddhist and Christian communities responded to the presentations made on the abuse in Kazakhstan.
Anne Noonan from the Catholic Bishop's conference said, "Catholics have also faced plenty of problems in Kazakhstan. UK has made a huge progress in dialogue between faith communities and we have a real model here which we can present."
"How can Kazakhstan bid to Chair the OCSE when its human rights record is so appalling?" asked Sudarshan Bhatia, President of the Hindu Forum of Europe.
"The judicial system of the Republic of Kazakhstan has passed rulings which do not reflect the constitution of the Republic of Kazakhstan and severely affects the lives of the Kazakh Hindu community. These rulings allow the government to evacuate the Hindus from their home, destroy their homes, and confiscate their properties."
"We want the world to wake up and hear what is happening to the Hindu community in Kazakhstan," declared Hari Halai, Vice President of the Hindu Forum of Europe.
"The Kazakh government is determined to grab the land belonging to the temple because of the property is now worth twenty times more than it originally was.
Human rights activist have pointed to a growing nexus between the mafia and the government in which the vulnerable Hindu community has been made a victim."
Ramesh Kallidai, secretary general of the Hindu Forum of Britain said that the Kazakh Government had set up a Commission to enquire into these issues. "But it reached no conclusion, had no representation of Hindus and collapsed without any just discussion," he added.
"The Supreme Court heard cases about Kazakh Hindus in their absence without serving them notice or allowing their lawyers to argue their case in complete viloation of their human rights.
"We hope that this discussion in the House of Commons will focus attention on the women and children who were dragged out of their lawful homes and left out in the cold winter for the simple reason that they were Hindus."
"We do need to do something more proactive," said Raj Joshi from the Society of Black Lawyers.
"An Early Day Motion is not going to achieve much. We need to ask the Foreign Secretary to consider imposing economic sanctions and political isolation on rogue nations like Kazakhstan. They will only listen if it hurts."
C B Patel, Chair of the Hindu Forum of Britain's Patrons Council requested the Members of Parliament to take up this issue in earnest. "We have seen what can be done when Hindus come together as they did for the Hare Krishna Temple Defence Movement. We must gather our forces in a similar way for this event is just the beginning of this fight."
The Defend Kazakh Hindus campaign is supported by the Hindu Forum of Europe, Hindu Forum of Britain, Hindu American Foundation, Hindu Forum of Belgium, Hindu Council of Holland, Italian Hindu Union, Federation of Hindu Temples in France, Hindu Council of Africa, Hindu Council of Australia, Hindu Conference of Canada, National Council of Hindu Temples UK, Vishwa Hindu Parishad and the International Society for Krishna Consciousness..
By Amanda Abrams on 25 Sep 2007
Police in Kazakhstan bulldoze the home of devotees.
The future of Hare Krishna devotees in Kazakhstan is still in doubt months after the government demolished two dozen homes of believers. Widespread human rights abuses by the government have mobilized human rights organizations in the US to oppose the Kazahk bid to chair an important international organization, the OSCE.
Freedom House, together with six of the U.S.’s most prominent human rights organizations, issued a letter today to Secretary of State Condoleezza Rice, urging her to strongly oppose a bid by Kazakhstan to chair the Organization for Security and Cooperation in Europe (OSCE) in 2009.
Despite a well-documented record of undemocratic governance, Kazakhstan has continued to push to lead the OSCE, an organization with a respected track record in human rights promotion and election monitoring. After years of lobbying by the Kazakhstani government, most European countries now support Kazakhstan’s bid. Only the U.S. and the U.K. are still in opposition, and a change of position by the U.S. may be imminent.
“A chairmanship by Kazakhstan would irreparably damage the OSCE’s legitimacy and ability to defend those working on the front lines for democratic change,” wrote the groups in the letter. “It would render the organization powerless in promoting vibrant civil societies and human rights, and will assure a solidly undemocratic government that democratic credentials do not matter. We strongly urge that the United States government reconsider a tacit endorsement of Kazakhstan’s bid.”
The letter was signed by representatives of Amnesty International USA, Global Rights, Human Rights First, Human Rights Watch, Jacob Blaustein Institute for the Advancement of Human Rights, and Physicians for Human Rights, as well as Freedom House.
The text of the letter is below.
September 21, 2007
The Honorable Condoleezza Rice
Secretary of State
U.S. Department of State
2201 C Street, N.W.
Washington, DC 20520
Dear Secretary Rice:
We understand that a U.S. decision to concur in the selection of Kazakhstan to preside over the Organization for Security and Cooperation during the 2009 term is imminent. Due to the Kazakhstani government’s poor record on democracy, we believe that its chairmanship will be a disaster for the OSCE’s ability to be a guarantor of human rights among its member states and that the U.S. should therefore continue to oppose it.
Kazakhstan’s anti-democratic record is well-documented. Kazakhstan has yet to hold a national election that meets OSCE standards. President Nazarbayev’s sweeping victory in the December 2005 presidential election came against a backdrop of government pressure on the country’s civil society and political opposition, charges of electoral fraud, and a highly critical report by poll monitors from the OSCE. The brutal February 2006 murder of opposition leader Altynbek Sarsenbayev highlighted the country’s disturbing tendency toward political violence. President Nazarbayev’s welcoming of the single-party parliament that resulted from the August elections as “a wonderful opportunity toi speed up our country’s economic and political modernization" speaks volumes to his respect for institutions promoting pluralism.
Over the years, the OSCE has established a respected track record of credibility in election monitoring and human rights defense. In fact, it is one of the few remaining serious intergovernmental bodies that advocates for democracy and human rights. A Kazakhstan chairmanship would irreparably damage the OSCE’s legitimacy and ability to defend those working on the front lines for democratic change.
In 2005, President Bush said that “one day this untamed fire of freedom will reach the darkest corners of our world.” Kazakhstan is one such dark corner that remains. Rewarding Kazakhstan with the OSCE chairmanship will only serve to assure a solidly undemocratic government that democratic credentials do not matter, while sending a stark message to human rights defenders around the world. At this crucial time, the countries of Europe cannot afford to ignore the defense of liberty and human rights, nor can the U.S. We strongly urge that the United States government reconsider this tacit endorsement of Kazakhstan’s bid.
Sincerely,
Robert Arsenault, President
International League for Human Rights
Mr. Salih Booker, Executive Director
Global Rights
Ms. Maureen Byrnes, Executive Director
Human Rights First
Ms. Felice D. Gaer, Director
Jacob Blaustein Institute for the Advancement of Human Rights
Mr. Tom Malinowski, Washington Advocacy Director Human Rights Watch
Robin Phillips, Executive Director
Minnesota Advocates for Human Rights
Len Rubenstein, President
Physicians for Human Rights
Ms. Jennifer Windsor, Executive Director Freedom House
27 Sep 2007
Warsaw--ISKCON Leader, BB Govinda Swami, addressed an international conference of the Organization for Security and Cooperation in Europe (OSCE), commonly known as the Helsinki Commission, on September 26th. The Swami is the spiritual head of the Hare Krishna community in Kazakhstan, where repeated abuses of believers by the government authorities have drawn international protests [see article here].
The issue is drawing increased attention at this time, because Kazakhstan is up for election to the Chair of the OSCE, and many governments are opposing due to the poor history of humanitarian rights in Kazakhstan.
The speech is printed below in its entirety.
Thank you Mr. Moderator,
Yesterday there was fine discussion on combating intolerance and discrimination.
I would like to present examples of how governments quite unfortunately use intolerance and discrimination to impede the freedom of thought, conscience, religion, and belief.
Since the 2006 HDIM (Human Dimension Implementation Meeting) the Kazakh Government has destroyed the Krishna commune in Kazakhstan.
Demolition of 14 homes of Krishna Hindu practitioners, and eviction of families, took place in November 2006.
Homes were destroyed one by one. Mothers with infants were thrown from their homes into the snow. Family belongings were loaded on trucks and driven away.
Kazakhstan has been requested by numerous organizations to address the issue of those who suffered due to demolitions. But nothing has been done to improve the situation.
The situation has become worse. New cases, and, another demolition conducted in June 2007, at 5 AM while people were still in bed. Twelve more homes destroyed, bringing the grand total of 26 homes.
Now, that's quite an alarm to wake up to, and, I feel it is a strong alarm that we should all be hearing today.
Only Krishna homes were targeted. Other homeowners with identical legal status, but different religious affiliation, have not had their ownership disturbed.
The government calls the issue a "property dispute," citing infractions committed by the community. But there are more than 40 examples of violation of due process and rule of law, committed by the government. This is never acknowledged.
Mr. Moderator, when a religious community is targeted by a campaign to prevent them from privatizing their land, drive them from their residences, seize their rightfully purchased homes, community land, and place of worship, it is more than a "property issue".
It is an example of an OSCE state using the nation's laws and judicial system for implementing discrimination and violence against a minority religion.
After procuring the list of names of the Krishna Hindus, authorities
began selective discrimination stopping privatization of their residences
and land plots.
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August 19th, 2007 Editor
The corruption continues…
By OLESSYA IVANOVA, Associated Press Writer Sun Aug 19, 3:03 PM ET
ASTANA, Kazakhstan - The authoritarian president’s party swept Kazakhstan’s
parliamentary election, winning all the seats in a vote that was rejected
Sunday by the opposition and deemed flawed by international observers.
ADVERTISEMENT
Nursultan Nazarbayev’s Nur Otan party received 88 percent of Saturday’s vote, and no other party cleared the 7 percent barrier needed to win a seat in the legislature, according to preliminary results released Sunday by the Central Elections Commission.
The two largest opposition groups condemned the results, saying they had been manipulated.
Nazarbayev, who has ruled the oil-rich Central Asian country since 1989 when it was still a Soviet republic, had pledged the elections would be free and fair. He is pushing for Kazakhstan to become chairman of the Organization for Security and Cooperation in Europe in 2009, and the group has delayed making a decision because of concerns over Kazakhstan’s commitment to democracy.
The election, which was called two years early after Nazarbayev pushed through constitutional amendments in May, was widely seen as a maneuver by him to try to improve Kazakhstan’s democratic image while maintaining his grip on power. But there had been some hope that he would be willing to loosen his hold a bit.
The stability of Kazakhstan, the most prosperous nation in ex-Soviet Central Asia, is of particular importance to regional powers Russia and China because of its substantial oil and gas reserves. The United States has also sought greater access to Kazakh energy resources.
The OSCE, which had sent more than 400 election observers to Kazakhstan, said there were irregularities in the vote count in more than 40 percent of the polling stations visited, mainly due to procedural problems and lack of transparency.
Lubomir Kopaj, who heads the long-term election observation mission of the OSCE Office for Democratic Institutions and Human Rights, said the results showed Kazakhstan still needs to improve its election process.
“I have never seen a democratic country with one political party in parliament,” Kopaj said at a news conference in the capital, Astana.
However, the head of the OSCE observer mission, Canadian senator Consiglio Di Nino, noted there was some progress in the vote.
“Notwithstanding the concerns contained in the report, I believe that these elections continue to move Kazakhstan forward in its evolution toward a democratic country,” he said in a statement.
The election had been expected to slightly improve the position of the opposition, which held only one seat in the outgoing parliament. Instead, the largest opposition groups were shut out.
“We don’t recognize the results of the election. They absolutely do not reflect the actual alignment of political forces and the social support they draw,” Burikhan Nurmukhamedov, a leader of the Ak Zhol party, was quoted as saying by the Russian news agency Interfax.
The elections commission said Ak Zhol received 3.25 percent of the vote, but Nurmukhamedov said the party’s own surveys indicated it had won about 12 percent.
“We have definitely won those votes,” he said, adding the party was preparing reports on voting irregularities to be given to the elections commission and the prosecutor-general, Interfax said.
“The elections have been utterly profaned,” said Ualikhan Kaisarov of the National Social Democratic Party, which received less than 5 percent of the vote, according to Interfax.
The OSCE mission expressed concern over the requirement that a party garner at least 7 percent of the vote in order to be represented in parliament. The same threshold has been introduced in Russia, where parliamentary elections are scheduled for December.
An observer mission from the Commonwealth of Independent States, a group comprising Russia, Kazakhstan and other former Soviet republics, said the Kazakh elections were “free and transparent,” the ITAR-Tass news agency reported, quoting CIS secretary Vladimir Rushailo.
The CIS observers consider the elections “a reflection of the stable social and economic development of Kazakhstan,” said Rushailo, a former Russian interior minister.
Nazarbayev has brought relative prosperity to the nation of 15 million, where economic growth has been in the double digits in recent years. But his rule has been marred by accusations of autocratic policies and the slayings of two vocal critics of his policies, which opposition leaders said were politically motivated.
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At an Osce conference, the countries religious authorities vaunt Astana’s religious freedom and tolerance. At the same time Jehovah Witnesses are sentenced for having gathered in prayer and the temple of the Hare Krishna is demolished. The systematic persecution of religious minorities.
Astana (AsiaNews/F18) – In a conference in Romania against religious discrimination, the Kazak delegate vaunted his countries promotion of religious freedom and tolerance. At the same time in the homeland the Hare Krishna are ordered to tear down their temple and the Jehovah’s witnesses are sentenced for having held a prayer meeting.
June 7th in Bucharest, at a conference sponsored by the Organisation for security and cooperation in Europe, Yeraly Tugzhanov, Chief of the Kazk Committee for religious affairs, said that his country is “an oasis of stability and religious harmony” and that religious discrimination does not exist.
But Forum 18 reveals that on June 5th the Hare Krishna in Seleksia village, Karasai district, was ordered to demolish their temple and dwellings by Sri Vrindavan Dham twon council, as they were deemed to have been illegally built. The commune originally had 66 Hare Krishna-owned homes, plus the 47.7-hectare (118 acre) farm. Amid an international outcry, the authorities bulldozed 13 of the 66 homes in November 2006 and have repeatedly threatened to resume demolitions, most recently in early May. The faithful protest that the temple and homes are not illegal, and the arbitrary treatment at the hands of the authorities who have cut off water and electricity supplies.
On 4 June, six Jehovah's Witnesses in the Caspian Sea port of Atyrau were given huge fines – between 50 and 100 times an average salary - to punish them for their community's unregistered religious activity.
In Kazakistan non registered religious groups are forbidden to meet or hold religious activities. But the Jehovah’s witnesses requested to be registered in 2001 and have so far received no response, even if a January 30th law sets down that all request must be processed within 60 days.
The Osce does not allow limitations on religious freedom and Tughzhanov says his country wants to change the law but has neither said when or how. Since 1992 religious legislation has been amended on various occasions, but always in a more restrictive sense. In the interim there is a rising tide of intolerance towards religious minorities in Kazakhstan, comprising Protestants and Armadi Muslims, to which state media contributes with damaging propaganda.
The Council of Baptist Churches refuses to register, a move it sees as being against the concept of religious freedom and merely a means for the government to gain control. The government sentences faithful who meet to heavy fines. Aleksandr Rozinov, leader of Atyrau’s Jehovah’s witnesses tells F18 that “public official’s mentality is still that of the soviet regime”.
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Submitted by jswami on July 29, 2007 - 1:58pm.
A July 25 article in the Washington Post gives a good update on the campaign by officials in Kazakhstan to demolish the homes and temple and seize the land of the local Hare Krishna community outside the city of Almaty. The article doesn’t tell the worst of it, but does quite a fair job.
The article is called “Local Property Dispute Grows Into International
Issue for Kazakhstan.”
Local Property Dispute Grows Into International Issue for Kazakhstan
By Peter Finn
Washington Post Foreign Service
Wednesday, July 25, 2007; Page A09
SELEKSIA, Kazakhstan -- The house where Maya Salakhutdinova lived is now a shell of ruined walls with broken cinder blocks and splintered wood spilling in a heap onto a narrow lane. Last month, her house and 11 others in this village, a secluded enclave about an hour from Almaty, Kazakhstan's commercial capital, were bulldozed by court order.
All the destroyed homes belonged to members of a Hare Krishna community, which has a temple in a converted farmhouse here, as well as 116 acres of farmland. A bulldozing in November leveled 14 Hare Krishna homes.
Maya Salakhutdinova stands by a wall of her house, one of 12 Hare Krishna homes razed last month by the government in Seleksia. The issue threatens Kazakh ambitions at the Organization for Security and Cooperation in Europe. (By Peter Finn -- The Washington Post)
"I was shocked," said Salakhutdinova, 43, a Kazakh who joined the Hare Krishna movement 12 years ago. "The day before, I got a notice that I had to leave, but with no date or time. I wasn't prepared."
What began as a property dispute between the Hare Krishna community and the local authorities has ballooned into an international controversy that threatens Kazakhstan's ambition to chair the 56-country Organization for Security and Cooperation in Europe in 2009.
One of the fundamental principles of the organization, founded during
the Cold War to foster East-West dialogue, is religious freedom. The standoff
with the Hare Krishna movement threatens the image of a harmonious, multidenominational
country that this Central Asian nation has been cultivating to press its
goal at the organization's headquarters in Vienna.
A week before last month's action, the head of the Religious Affairs Committee at the Kazakh Justice Ministry told an OSCE gathering in Romania that his country had the "most liberal" religious laws in the "entire post-Soviet area."
But a statement by the OSCE's Advisory Council on Freedom of Religion or Belief after the first houses were demolished said, "It appears that state-sponsored action has been focused upon members of the Hare Krishna community in a manner that suggests they have been targeted on the basis of their religious affiliation."
Privately, some Western diplomats say they are mystified why Kazakhstan would tarnish its reputation just as it is seeking support from OSCE member states for the prestige of chairing the organization. The energy-rich country, which is dominated by President Nursultan Nazarbayev, was already having difficulty convincing some OSCE members of its democratic credentials. In May, in a further blow to the country's standing, Kazakhstan issued an arrest warrant for its ambassador to the OSCE and Austria, Nazarbayev's former son-in-law, who was accused of kidnapping and assault.
Officials in the capital, Astana, say this is a legal matter that has nothing to do with religious persecution. By their account, the Hare Krishna devotees acquired the property illegally. The land, they say, was not legally registered and the homes were purchased from people who did not hold proper title. The Kazakh courts have ruled that the property belongs to the local administration.
"We understand that this is a small but very important issue, and if
we had not understood that, we wouldn't have been running around trying
to solve this," said Yeraly Tugzhanov, head of the Religious Affairs Committee.
"The most dangerous thing here -- and we should not let it happen -- is an attempt to turn this issue into a political one. If now every believer in Kazakhstan tries to solve his or her personal problems or property problems through religious organizations, by attaching a religious meaning to it, this will be ridiculous, it will be absurd."
Human rights advocates say the demolitions may be motivated both by religious bias and by hidden economic interests. Property values in the region have soared since the 1990s, and the area has become a choice location for Almaty residents seeking to buy country homes. The U.S. State Department noted in a report this year that a special commission convened to resolve the situation was still deliberating when the homes were destroyed in November.
"Many people in that village could be in the same situation as the Hare Krishna because their property deeds are not perfect, but they are not targeted. The target is the Hare Krishna," said Ninel Fokina, head of the Almaty Helsinki Committee, a human rights group. "Someone gave an order to get that community out."
Kazakhstan's ombudsman, Bolat Baikadamov, said the destruction of homes is commonplace across the Almaty region because of the illegal privatization of land and houses. "Hundreds or maybe even thousands of houses were demolished," he said.
Local officials, who Baikadamov said could provide lists of homes destroyed within the locality, declined to comment. In Seleksia, there appeared to be only one demolished house that was not currently owned by a Hare Krishna, and that house had recently been sold by a member of the religious community.
Fokina and the Hare Krishna community dispute that there has been any major leveling of homes outside Seleksia. "There is an unofficial policy to push out a non-mainstream, religious group," said Maxim Varfolomeev, a spokesman for the Hare Krishna community in Seleksia.
The group numbers about 30 in the village, down from about 100 because people who lost homes were forced to leave. "This is religious discrimination," Varfolomeev said.
On a recent morning, more than a dozen devotees chanted mantras in what had been the living room of the farmhouse. Kazakh officials said the early morning prayers disturb non-Krishna neighbors, but the service was not audible outside the farmhouse. Officials also said the Krishna devotees wash their cows in a nearby pond where local children swim, an accusation denied by members of the Krishna community.
"We have very good relations with our neighbors," Varfolomeev said.
In interviews in the village, no one expressed any objections to the presence of the Krishna community. "They're very quiet people," Chakin Tolubev said. "To be honest, the problem is that [the authorities] just want to get rid of them."
Tugzhanov, the Religious Affairs head, objects to such accusations. He said the central government has offered the Krishna community several sites where they could relocate. "All religious groups and organizations in Kazakhstan are equal before the law and that is why we continue to work with them," he said. "We have offered a number of alternatives, but they keep saying no."
He also said 16 Krishna homes in Seleksia have been legalized and will not be touched. "If it had not been for this, you could say that we are persecuting them for their religion," he said. "But this is a question of the law and everyone being equal before the law."
Varfolomeev, the Hare Krishna spokesman, said none of the proposed relocation sites compares to the pastoral setting where the community is currently located, and so people insist on staying.
The community, he said, now fears that the authorities will destroy the temple. That is a step that the government appears reluctant to take. It would likely sink whatever remaining chance Kazakhstan has of chairing the OSCE.
Kazakhstan Today
ALMATY. July, 10. Kazakhstan Today. Great Britain Hinduists came out
to support Kazakhstani Krishna followers, reports the agency with reference
to the information distributed by "Krishna Consciousness Community".
"On Tuesday, July 4, in London opposite to Kazakhstan embassy in the UK building gathered people who are indignant with continuing prosecution of Hinduists in Kazakhstan. The petition with 10 thousand of signatures to support Krishna Community was handed over to Kazakhstan attache on political questions", - stated in the information.
"Kazakhstani government does not want to hear anybody. This is a rude violation of human rights, and we will oppose any tries of the country to hold presidency in OSCE", - stated the president of Hinduists Forum in Europe Sudarshan Bhatia, whose words were quoted.
"This is direct violation of religious minority rights in Kazakhstan, non-stop prosecution of Hinduists in Kazakhstan causes a big anxiety of our community here, in the UK", - stated the president of Hinduists Forum in the UK Ishwer Taylor, also quoted "Krishna Consciousness Community".
As reported earlier, a piece of land in Karasai district in Almaty oblast was bought by "Krishna Consciousness Community" in 1999. In 2005 local administration brought a suit against Krishnaits blaming them in changing the end use of the bought land. In November 2006 local authorities destroyed 14 houses belong to the community, on June 15, 2007, - 12 houses more.
This information may not be reproduced without reference to Kazakhstan Today
ALMATY: Police raids on Hare Krishna followers in Kazakhstan reflect a broader increase in religious intolerance in the Central Asian state, human rights groups said on Thursday.
“Over the past few years we have witnessed rising pressure on religious minorities in Kazakhstan,” Ninel Fokina, head of the Almaty Helsinki Committee, told a news conference. “There are religions in Kazakhstan that have de facto state approval, such as Islam, Russian Orthodoxy, Judaism, Catholicism... But many others are considered non-traditional and there have been efforts to squeeze them out of society.” A Hare Krishna village near the financial capital Almaty has been raided several times since last year and last week police knocked down 12 houses. The group, which follows a form of Hinduism, is accused of acquiring the land illegally. The Organisation for Security and Cooperation in Europe has criticised Kazakhstan for destroying houses belonging to followers of Hare Krishna, who practice yoga and vegetarianism.
Hare Krishna says its problems started after it bought a 48-hectare piece of land for about $25,000 several years ago. It calculates its value now at $10 million reflecting a rise in land prices due to high oil revenues, and says authorities are using religion as an excuse to take over the asset. “This is barbarity,” said Yevgeny Zhovtis, head of the Kazakhstan International Bureau for Human Rights and Rule of Law. “It’s a big blow to Kazakhstan’s image.” Kazakhstan has said the dispute is purely commercial. “The whole dispute over the land issue ... has nothing to do with religious discrimination, as the Hare Krishna community (has) tried to portray it,” Kairat Abdrakhmanov, the Kazakh deputy foreign minister, told the International Helsinki Federation in a June 15 letter shown to reporters on Thursday. reuters
17th June 2007 - Devastating news from Kazakhstan. It is hard for me to express exactly how I am feeling, except to say that my head is reeling and I feel like I have just been kicked in the stomach. Suddenly, the reality of what has been going on there is hitting home. Hard.
Please pray for these innocent devotees, that they may manifest the strength to overcome this ordeal and that they may be blessed with justice and protection.
I will try to update and include some more personal stuff here in the future, but right now I have my hands pretty full. Here is the official letter to ISKCON I wrote on the situation:
Early today, the officials in Kazakhstan demolished more homes belonging to Hare Krishna devotees at the farm in Almaty.
This ten minute video gives an overview on the background of the situation in Kazakhstan.
[]Preliminary reports are placing the number of homes demolished today at twelve (added to the demolitions last November, that would bring the total to twenty-six homes destroyed). As before, the officials brought busloads of laborers and police officers with them, indiscriminately taking crowbars and sledgehammers to the homes. They threw personal possessions out into the street, even as the horrified devotees pleaded with them and begged for mercy. Mechanical diggers then moved in, literally "crushing the houses to dust."
[]We do not think that the (makeshift) temple or cow-barn have been demolished yet. However, local officials have included these buildings on their list of buildings to be demolished. This is especially troubling because the temple is the official site linked to ISKCON's registration as a religion in the country. Because of the way Kazakh law is structured, there is a possibility that if the temple structure is demolished, ISKCON will simply lose its right to exist legally in the country at all.
The latest report is available at http://www.Forum18.org, a religious freedom watchdog news agency.
Please keep checking the following sites for updates:
http://www.Forum18.org
http://www.KazakhKrishna.com
http://www.iskconcommunications.blogspot.com
His Holiness BB Govinda Maharaj is in the United States right now in order to raise awareness about (and funds for) the crisis in Kazakhstan. He is in Washington, D.C. right now with Anuttama Prabhu and they have had several successful meetings with high-ranking US officials and human rights advocates.
I will try my best to let you know more details as they emerge; right now, please inform everyone you know about the situation and request their prayers. Organized kirtan is always a nice idea in situations such as this.
Also, now it appears certain that the devotees will have to relocate very quickly and this requires substantial funds, so any financial help would be most welcome. You may help by contacting your local ISKCON temple about how to give donations, or by visiting http://www.palaceofthesoul.com and clicking on "Donate Online."
Please do NOT stage any protests or contact any officials without first coordinating it with our office.
on behalf of ISKCON Communications,
your servant,
Vyenkata Bhatta dasa
PS: BB Govinda Swami's inspirational words to the devotees in Kazakhstan:
"Take shelter of Krishna. Everyone should remain very brave and remain fixed in chanting the holy name. Pull together and take care of the devotees whose homes have been destroyed. What is being done is cruel and certainly not fair but we still have our lives….so tthose lives should be focused on serving Krishna and our consciousness should certainly not become like that of the people who are doing this. We are witnessing a rude exhibition of material consciousness – never beecome like that. Pull together, even more than you did last November. Make sure the homeless devotees have shelter and try to gather together their belongings. And by this try to understand how special devotee association really is…"
By BB Govinda Swami
MEDIA RELEASE - ISKCON COMMUNICATIONS
KAZAKH GOVERNMENT DEMOLISHES HINDU HOMES Persecution of Hindu minority continues despite international outcry, condemnation
FOR IMMEDIATE RELEASE; Date: June 15, 2007
Almaty The government of Kazakhstan demolished twelve homes belonging to members of the Hare Krishna religion early this morning, leaving several families homeless. Government officials and twenty police officers observed while two busloads of hired laborers used sledgehammers and crowbars to systematically dismantle the homes. Later, industrial mechanical diggers reduced what remained of the structures to rubble.
Today’s attack virtually mirrored the government’s bulldozing of fourteen homes belonging to members of the Hindu minority group last winter. Both demolitions are part of what human rights advocates have characterized as blatant religious persecution.
“The authorities are showing that they will do what they want, despite the international outrage at the earlier demolitions,” human rights activist Yevgeny Zhovtis told Forum 18. According to Zhovtis, none of the other home owners in the village many of whom have identical legal status as the Hindus have had their homes destroyed. “Clearly they are attacking only the Hare Krishnas,” he said.
Despite their claims to the contrary, Kazakh officials appear fueled by religious intolerance. When Forum 18 asked Serik Niyazbekov, a senior religious affairs official, the basis for the government’s conflict with the Hindus, he responded by asking “Why did they choose to move here? They’re from India.”
Witnesses to the demolition described a grisly scene, with laborers breaking windows and tearing down walls even while residents including several women and children cried and pleaded for them to stop. Officials present ordered workers to continue the attack and to throw the homeowners’ possessions into the street.
“The houses were literally crushed into dust,” said shaken community spokesperson Maxim Varfolomeyev, who witnessed the horrific demolition.
Incredulously, today’s attack came a few days after an open letter from Aaron Rhodes, executive director of the International Helsinki Federation for Human Rights, chided the Kazakh government for “discriminatory attitudes towards the religious minority” and beseeched the Deputy Foreign Minister of Kazakhstan to “ensure that no demolition of their homes be carried out.”
“New demolitions would mean that dozens of members of the community are rendered homeless,” Mr. Rhodes warned in his prophetic letter, dated June 8. “This would make Kazakh authorities liable for violations of international human rights provisions that guarantee the right to housing and protection against forced evictions.”
Kazakhstan’s past persecution of Hindus also elicited condemnation from
the U.S. Embassy in Kazakhstan, the U.S. Commission on International Religious
Freedom, and even British Prime Minister Tony Blair. It was one reason
Kazakhstan was refused in its bid to chair the Organization for Security
and Cooperation in Europe (OSCE) in 2009. The latest attack, however, seems
to indicate that local Kazakh officials are unfazed by a tarnished image.
Human rights activist Yevgeny Zhovtis told Forum 18 that the local Hakim
(governor) “doesn’t care about the political damage to Kazakhstan’s
reputation or to its desire to chair the OSCE.”
In an ironic twist, a few hours before the demolition took place in Kazakhstan, at a Washington D.C. reception last night, representatives of the OSCE and human rights groups directly appealed to the Kazakh ambassador to protect the Hindu religious minority. Those appeals seem to have fallen on deaf ears.
For Hindu leader Govinda Swami, currently meeting with U.S. government agencies and human rights groups in Washington D.C., the need of the hour was to remind the Krishna devotees back in Kazakhstan to hold steadfast to their faith and take the moral highroad.
“What is being done is cruel and certainly not fair but we still have our lives,” he counseled them over the phone, “and our consciousness should certainly not become like that of the people who are doing this. We are witnessing a rude exhibition of material consciousness never become like that. Pull together, even more than you did last November. Make sure the homeless devotees have shelter and try to gather together their belongings. And by this try to understand how special the power of community really is.”
For more information about the persecution of Hindus in Kazakhstan visit: http://www.KazakhKrishna.com
Hindu's Problems in Kazakhstan
Pictures of the destruction of Hindu homes and temple
in
http://kazakhkrishna.com/en-fotoarchive/
News links:
http://kazakhkrishna.com/en-main/
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The Karasai district Hakimat demands that the Krishna temple and other buildings in the Hare Krishna community be demolished in 10 days. In the morning of June 6 the local police officer handed a notification to the chairman of the Society for Krishna Consciousness. The document said that the land of the farm community of the Society for Krishna Consciousness had been transferred to the district land reserve according to court rulings. Based on that, the Karasai district Hakimat demanded that all the "illegally constructed buildings" situated on this land including the temple of the Society for Krishna Consciousness and the cowshed be demolished in 10 days.
This Karasai district Hakim's order is itself illegal because
- the Hakim does not have the right to demand demolition of buildings;
- the court rulings only say about confiscating plots of land, there is no mention of demolishing buildings on the farm community's land;
- the Hakim calls the buildings situated on the community's land "illegally constructed." However both the building currently used as a temple and the cowshed had existed even before the land was acquired by the Hare Krishnas.
The Hare Krishnas are going to appeal against the lawless actions of the Karasai district Hakimat to the prosecutor's office and the Almaty provincial Hakimat.
At the present time officials in Astana and Almaty province make declarations that the conflict around the Hare Krishnas will be resolved by giving the community an alternative piece of land. However no piece of land has been given so far. Until it happens the Krishna temple with 50 faithful and 30 cows just have no place to go. Besides, the temple building is the place where the Society for Krishna Consciousness is legally registered, and its demolition will lead to the liquidation of the Society.
The chairman of the Religious Affairs Committee, E. Tugzhanov, promised to the representatives of the Society during their last meeting that the community would get a plot of land before May 26. It is quite possible that Astana makes show that the Krishna's problem is being carefully attended to, while in reality nobody is going to do anything with it. The actions of the local Hakimat confirm this assumption.
The conflict around the Krishna community has been going on since 2004. The RK President's Administration has defined this situation as a result of bad governance on the part of the local authorities. As a result of this conflict 14 houses of the faithful were demolished in the community in November of 2006.
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Head of Hare Krishna community tells of unjust proceedings
by the Kazakhstan Supreme Court
http://www.jswami.info/head_of_hare_krishna_community_tells_of_unjust_proceedings_by_the_kazakhstan_supreme_court
Submitted by jswami on May 18, 2007 - 6:58am.
The head of the Hare Krishna community in Kazakhstan, His Holiness B.B. Govinda Swami, has issued this statement:
With the judgment passed by the Republic of Kazakhstan Supreme Court on May 8, 2007, the land of the Hare Krishna community in Almaty province may be confiscated in favor of the government at any moment.
The Supreme Court reversed its own judgment made on June 30, 2005, which had enabled the community to use 116 acres of land and receive the right of ownership after processing of relevant documents by the registering bodies of the Karasai district. These bodies have never registered the plots in favor of the RO [religious organization] Society for Krishna Consciousness because the land was arrested by the Karasai District Court at the request of the local Hakim.
The chairman of the RO Society for Krishna Consciousness explained to the Panel of the Supreme Court that the religious organization had never been informed of the proceedings. Furthermore, the courts of the first and second instance did not even take the trouble to send their decisions to the defendant, i.e. the religious organization.
The chairman of the RO requested the court to postpone the hearing, as she needed time to study the case and invite lawyers. However, the court decided to conduct the hearing immediately and only gave the RO chairman a few hours to study the rulings of the courts of the first and second instances. Thus the defendant was left without legal protection, unable to retain an attorney.
During the hearing the RO chairman again demanded that the court session should be postponed for her to have time to retain an attorney and properly study the case. However, the Civil Panel of the Supreme Court dismissed this motion and decided to reverse its own judgment of June 30, 2005, which had given the right of land use to the Society for Krishna Consciousness.
The judgment of the Supreme Court came into force from the moment it was read. This means that at any moment the land of the main center of the RO Society for Krishna Consciousness can be confiscated and transferred to the Karasai district land reserve.
The conflict around the community has been going on since 2004. At that time the administration of the Karasai district started a series of trials against the members of the Hare Krishna community. As a result of these trials, 13 homes of the faithful were demolished last November.
In March of 2007 the government of Kazakhstan showed an intention to resolve the conflict by way of negotiation with the community and declared the situation to be the result of bad governance by the local authorities. However, till the present moment no practical steps have been taken by the government to resolve the situation.
Thirteen more houses of the faithful may be demolished at any moment. With this court judgment, any day the faithful may be forced to vacate the land wherein the Society is registered. Fifty faithful and thirty cows will be left roofless. Their temple will cease to exist. And the loss of the legal address actually means that the Society for Krishna Consciousness will be liquidated in Almaty province.
Visit www.kazakhkrishna.com to learn more about the tragedy of the Krishna community in Kazakhstan.
See a video on YouTube about the tragedy. http://www.youtube.com/watch?v=ysMEGhuSzDE