onday 8 February 2010
KAZAKHSTAN: WOMEN'S PRAYERS LEAD TO MASSIVE FINE - AND MORE?
Kazakhstan has fined Zhanna-Tereza Raudovich 100 times the minimum monthly
wage for hosting a Sunday morning worship service in her home, attended by
local Baptist women and their children, Forum 18 News Service has learned.
Police who raided Raudovich's homedrew up an official record that "they had
discovered an illegally functioning religious community", local Baptists
complained to Forum 18. An appeal is due to be heard on 11 February. It
remains unclear how Raudovich could pay the fine, as she has six children
and does not have paid work. She has been warned that she will face
criminal charges if she does not pay the fine. Meanwhile, Kazakh police
have told Forum 18 that Kazakh-born Baptist Dmitry Leven will be deported
for "illegal missionary activity" unless an appeal to Kazakhstan's Supreme
Court against his conviction is successful. As the Supreme Court has
refused to even consider an appeal, it is unclear what will happen to
Leven. "I just want to be able to remain here," Leven told Forum 18. "I
don't want to go anywhere else."
Unless she succeeds in her appeal on 11 February, Zhanna-Tereza Raudovich
will be due to pay a massive fine for hosting a Sunday morning service in
her home attended by several local Baptist women and their children,
Baptists and court officials told Forum 18 News Service. Meanwhile, the
Migration Police have told Forum 18 that fellow-Baptist Dmitry Leven will
be deported for "illegal missionary activity" unless a final appeal to
Kazakhstan's Supreme Court is successful.
Also, the government version of a new Code of Administrative Offences, now
in Parliament, continues almost unchanged the penalties for religious
activity in the current Code (see forthcoming F18News article).
Police discover "an illegally functioning religious community"
The 17 January worship service in Raudovich's home was raided by local
police and she was fined three days later. She belongs to the Council of
Churches Baptists, who reject state registration in all the former Soviet
republics where they operate. They insist that such registration represents
unwarranted state interference in their internal affairs.
Forum 18 was unable to reach anyone at the Justice Ministry's Religious
Affairs Committee in the capital Astana on 8 February. Officials either put
the phone down or passed Forum 18 to other officials.
The police who raided Raudovich's home in the village of Ayteke Bi in
Kazalin District of Kyzylorda Region drew up an official record that "they
had discovered an illegally functioning religious community", local
Baptists complained to Forum 18 on 5 February.
Raudovich was found guilty on 20 January by Judge M. Zhubanganov at Kazaly
District Court of violating Article 374-1 Part 1 of the Code of
Administrative Offences (leadership or participation in the activity of an
unregistered social or religious organisation) by conducting the Sunday
service, according to the verdict seen by Forum 18. She was fined 100 times
the minimum monthly wage or 141,300 Tenge (5,713 Norwegian Kroner, 699
Euros or 955 US Dollars). She appealed against the fine to Kyzylorda
Regional Court, where her appeal will be heard on 11 February, a court
official told Forum 18 on 8 February.
Even though her appeal has not been heard, Baptists told Forum 18 that on
21 January she received a written warning from the court executor
Sermagambetov (first name unknown) that if she does not pay the fine she
will face criminal trial.
It remains unclear how Raudovich could pay the fine. She has six children
and does not have a job, Baptists pointed out to Forum 18. "This is the
sixth such fine she has faced. The family has no items of value, so court
executors have not been able to confiscate anything up till now to pay off
the earlier fines."
Police and Prosecutor defend raid and prosecution
Defending the police raid on Raudovich's home was a man at the Kazaly
District Police who did not identify himself when Forum 18 asked to speak
to the Chief. "No-one raided her home," he insisted on 8 February. Asked
whether several police officers entering a private home to break up a
religious meeting constituted a raid, the man responded: "The court said
all the police actions were legal." He then put the phone down.
Kazaly District Prosecutor Amandyk Aybosynov, who was also involved in the
case, defended the prosecution of Raudovich. "The Law says she must have
registration with the Justice Ministry to be able to function," he told
Forum 18 on 8 February. Asked who she had harmed by meeting with friends to
pray in her own home, Aybosynov responded: "It's the Law. Anyway, the
Regional Court is hearing her appeal and they will take the final
decision." Asked why Raudovich had been warned that she risks criminal
trial if she fails to pay the fine, he replied: "Who said she will be
imprisoned?" He then put the phone down.
Citizenship application rejected
Viktor Leven - who lives in the town of Esil in Akmola Region - was ordered
deported after being found guilty under Article 375 Part 3 of the Code of
Administrative Offences (carrying out missionary activity without local
registration), which prescribes a fine and deportation for foreigners or
people without citizenship found guilty under this Article. Although he
succeeded in overturning the punishment on appeal, it was reinstated after
prosecutors complained (see F18News 1 December 2009
<http://www.forum18.org/Archive.php?article_id=1380>).
The Kazakh-born Leven lived in Germany between 1992 and 2000, when he
returned with his wife to live in his homeland. Their six children were all
born in Kazakhstan. He has insisted that he was not sent as a missionary by
anyone and is merely practising his faith with his fellow-Baptists in
accordance with Kazakhstan's Constitution. Like Raudovich, Leven belongs to
the Council of Churches Baptists, who reject state registration.
In early 2009 Leven and his family applied for Kazakh citizenship. The
Department of Migration Police of the Interior Ministry of Akmola Region
gave him a certificate to say they did not oppose granting citizenship. On
4 January 2010 he received confirmation that his renunciation of German
citizenship, required before he could gain Kazakh citizenship, had been
processed by the German authorities.
The following day - on which his residence permit to live in Kazakhstan
expired - Leven went to the Migration Police to lodge all his documents to
gain citizenship. They took his documents, but refused to grant him
citizenship, telling him they had instructions to remove him from the
register and deport him to Germany. "So from that moment Viktor has been
deprived of any citizenship and has no identity documents," Baptists
complained to Forum 18.
How can a Supreme Court appeal be made?
Leven told Forum 18 from Esil on 8 February that he had tried to lodge his
appeal to Kazakhstan's Supreme Court in Astana in person on 14 December
2009, but the Court had refused to accept the appeal. It told him that his
only avenue was to appeal to the General Prosecutor's Office in Astana.
On 29 January Leven received a reply from the General Prosecutor's Office
rejecting his complaint. It insisted that on 9 September 2009, when he was
caught preaching at a Baptist service in a private home in Esil and thus
conducting unlawful missionary activity, he was a German citizen. "In such
circumstances, the conclusions of the court of the presence in your actions
of the given violation of the Law are correct," it declared. "There are no
reasons to uphold your complaint."
Bulat Iskakov of the Deportation Department of the Akmola regional
Migration Police told Forum 18 on 8 February that he has information that
Leven has appealed against the deportation order to the Supreme Court. "As
long as the case continues there, he has the right to remain and we have no
right to take action to remove him. But if he loses in the Supreme Court
his deportation will happen."
As the Supreme Court refused to accept Leven's appeal, it remains unclear
what will happen now. "I just want to be able to remain here," Leven told
Forum 18 on 8 February. "I don't want to go anywhere else."
Deportation "will happen"
The Department of Citizenship Questions at the Akmola Regional Migration
Police told Forum 18 on 8 February that Leven's citizenship application was
rejected because of the court-ordered deportation. The official said that
it knows that he has already renounced German citizenship and thus has no
citizenship. The official then referred Forum 18 to the Deportation
Department.
Iskakov of the regional police Deportation Department told Forum 18 the
same day that it has copies of the court verdict ordering Leven's
deportation. "Our Constitution guarantees freedom of conscience, but
conducting missionary activity is something else," he insisted. "But we
don't decide on what basis to act. Courts are independent and they took the
decision."
Only Leven is subject to deportation, Iskakov told Forum 18, not Leven's
wife or their children. Asked whether this means he will have to live apart
from his family, he responded: "He could take his family with him." He
declined to say what country Leven could be deported to, given that he has
no citizenship. (END)