KAZAKHSTAN: Two months’ jail for religious meetings without state permission?

Human rights activists cast a worried eye on Kazakhstan, as it considers a newly proposed Criminal Code and Code of Administrative Offences. The Codes strengthen existing penalties for religious belief and association without state permission, as well as guidelines for treatment of prisoners (including a categorical ban on building places of worship in prisons). The new Codes have already passed through the Majilis (lower house of Parliament) and are currently in Senate.

By Felix Corley

5/16/2014 Kazakhstan (Forum 18) – Those who lead meetings for religious purposes without state permission could face up to 60 days’ imprisonment under provisions of the new Criminal Code now in the Senate, the upper house of Kazakhstan’s Parliament. Those who participate in but do not lead this exercise of the human right to freedom of religion or belief could face up to 45 days’ imprisonment, according to the current text seen by Forum 18 News Service.

These “offences” are currently punished with fines under the Code of Administrative Offences.

Human rights defenders and members of religious communities remain highly concerned about such proposed punishments in the Criminal Code and the Code of Administrative Offences which has also passed through the Majilis. Both these new Codes – together with the new Criminal Implementation Code, which covers the treatment of prisoners and specifically bans building places of worship in prisons – are now being considered in the Senate.

“Significant changes to these Codes are unlikely now at this late stage,” one human rights defender closely following developments told Forum 18 on 16 May. “…We say it’s better for them not to be adopted at all, and if they are, we hope the harsh measures punishing religious activity won’t be used.”

A total of 119 local human rights groups, individuals and international human rights groups signed a joint statement condemning the proposed new Codes as “considerably restricting and harming human rights”. The statement, posted on the website of the Kazakhstan International Bureau for Human Rights and the Rule of Law on 22 April, noted that “the reasoned proposals from civil society were ignored.”

The human rights defenders’ statement also condemned provisions of the proposed Administrative Code which would punish even those social and religious groups which have state permission to exist, but which commit “even the slightest violation of a technical nature,” with suspension of their activity.

…Article 13 Part 6 [of the new Criminal Implementation Code] states categorically: “The construction of places of worship (buildings) on the territory of institutions or organs implementing punishments is banned.”

Forum 18 notes that the Code’s controls on exercising the right to freedom of religion or belief in places of detention mirror those in the country more widely. Religious literature must be censored in advance by the government’s Agency of Religious Affairs, while only registered religious communities are recognised.

However, as many of these provisions appear to be vaguely worded, how they are implemented will determine whether Kazakhstan’s prisoners will be able to avail themselves of their right to freedom of religion or belief.

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