KAZAKHSTAN: Fines for “extremist” books
ICC Note:
In Kazakhstan all religious books are considered illegal unless a court deems them legal. However, at the same time there is a supposed list of “illegal” books that no one has ever seen. This leaves Christians and people of faith always wondering if the Bible, Christian book or religious object they have is legal or not.
 
By Felix Corley
1/6/2014 Kazakhstan (Forum 18)-Two Protestants in Kazakhstan’s capital Astana were fined nearly four weeks’ average wages in December 2013 for possessing Christian texts which the court found to be “extremist”, according to court documents seen by Forum 18 News Service. One of the books had been banned as “extremist” one month after it was seized from one of those fined. However, Forum 18 can find no court decision banning any of the other texts as “extremist”.
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Because court hearings to rule whether materials are “extremist” take place unannounced and because no published list of banned books appears to exist, people in Kazakhstan remain unaware of what has and has not been banned.
The unannounced nature of court hearings also makes it impossible for book publishers, distributors, readers or free speech advocates to challenge court-ordered bans.
The government’s Agency of Religious Affairs (ARA) – which is often represented in “extremism” court hearings – does not publish on its website a list of religious books banned by the courts as “extremist”. Forum 18 has repeatedly asked the ARA for such a list, most recently on 6 January, but has not received a copy. Saktagan Sadvokasov, the ARA spokesperson, refused to tell Forum 18 that day where people can get a copy of the list. He insisted that such bans were imposed by the courts, not by his Agency.
Bans and “bans”
Kazakhstan has three levels of banned religious literature: items banned by courts as “extremist”; items which the ARA has refused to approve for publication, import and distribution; and items which it has not given a response on or has not considered. Even senior ARA officials appear confused about how the censorship system operates (see F18News 15 November 2013 http://www.forum18.org/archive.php?article_id=1896).
Courts have included some religious publications in the numerous materials they have banned as “extremist”. Once a work has been banned, those distributing it risk prosecution under Criminal Code Article 164, Part 1, or Code of Administrative Offences Article 344, Part 4.
However, under Kazakhstan’s strict system of state-imposed religious censorship, all religious books are in any case illegal unless the ARA has declared them as legal. Some titles (but not all) which have successfully passed the ARA censorship are then included on the ARA website as having been approved for publication and distribution. However, distribution can only take place in approved venues (registered places of worship and state-licensed shops).
The Astana fines came as Bibles and 12 icons seized by officials from a shop in the city of Oral (Uralsk) in October 2013 have still not been returned three months later. The shop owner is to be brought to court for selling religious materials without the required state licence (see forthcoming F18News article).
Raids and literature seizures
Prosecutors raided two Protestant organisations in Astana in October 2012. During the raid on the Bible League of Kazakhstan, they seized the computer belonging to its head, Igor Voronenko. During the raid on one of the city’s Baptist churches, they seized copies of five books, according to separate court decisions seen by Forum 18.
Both raids were part of the same criminal case against retired Presbyterian Pastor Bakhytzhan Kashkumbayev. Under arrest since 17 May 2013, the 67-year-old pastor remains in the medical unit of Astana’s Investigation Prison (see F18News 15 November 2013http://www.forum18.org/archive.php?article_id=1896). The criminal case against him appears to have been completed and he is likely to face trial soon. A charge of distributing “extremist” materials appears to be part of the charges (see forthcoming F18News article).
Following the October 2012 raids, both Voronenko and Baptist pastor Gennadi Vrublevsky were accused of distributing “extremist” literature. Prosecutors deemed that their actions should not be subject to Criminal Code Article 164, Part 1. This punishes “inciting religious hatred”, among other offences, with a fine or a prison term of up to seven years.
Prosecutors instead brought cases against Voronenko and Pastor Vrublevsky under Administrative Code Article 344, Part 4. This punishes “production, storage, import, transport and distribution” of non-media publications containing “propaganda or agitation for a violent change to the constitutional order, violation of Kazakhstan’s territorial integrity, subversion of state security, war or the incitement of social, racial, ethnic, religious, class or clan discord, the cult of brutality, violence and pornography” with fines of 50 to 200 Monthly Financial Indicators (MFIs).
At separate hearings on 7 December 2013, Judge Beibit Nurzhan of Astana’s Specialised Inter-District Administrative Court found them guilty and fined each 50 MFIs, 86,550 Tenge (3,500 Norwegian Kroner, 400 Euros or 550 US Dollars). This represents nearly four weeks’ average wage for each, according to the government’s Statistics Agency. Voronenko and Pastor Vrublevsky both admitted that they had the specified literature, according to the court decisions.
Voronenko and Pastor Vrublevsky chose not to appeal against the judgments and reluctantly paid the fines in the hope that they can avoid further pressure from the state, Protestants who asked not to be identified for fear of state reprisals told Forum 18 from Astana.
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