Portuguese parliament petitioned to extinguish the legal entity that represents Jehovah's Witnesses due to their shunning practiceBy Bible Speaks
Based on legal arguments that revolve around violations of several articles of the Portuguese Constitution and the Religious Freedom Act, a petition has been launched to the Portuguese parliament to extinguish the legal entity that represents the Jehovah's Witnesses in Portugal and eliminate this community from the national registry of religions recognized and protected by law.
The petition does NOT seek to prohibit Jehovah's Witnesses as a whole in the country. The petition denounces the institutional policy of shunning former members as a violation of basic human rights and psychological torture, and asks lawmakers and Portuguese judicial authorities to take measures to stop this abuse and suspend legal recognition of the entity. the branch until the shunning policies are changed.
The petition is now gathering votes. 1000 votes assure that the author (s) of the petition will receive a hearing in parliament to present their case; 4000 votes ensure that the parliament will debate the petition during its session.
You can see the petition here: http://peticaopublica.com/mobile/pview.aspx?pi=ExtRegistoATJ
By Guest Nicole
Born to a family of Jehovah’s Witnesses, Baek Jong-keon realized the price of his faith in South Korea at an early age.Â
His father had gone to jail for refusing to take up arms, and his three older brothers chose the same path when the time came for them to serve their mandatory military service.Â
Baek Jong-keon works as an assistant at a law firm in Seocho-dong, southern Seoul. Bak Se-hwan/The Korea Herald
In a country where all able-bodied men are required to serve in the military to defend against North KoreaÂ’s 1.2 million-strong armed forces, it seemed like a bleak future awaited him, too.Â
Â“I grew up watching my father -- and my three brothers -- go to jail for objecting to the mandatory military service. It was hard to overcome the fear and the pain as a kid,Â” said Baek, 33, in an interview with The Korea Herald.Â
Â“ThatÂ’s why I wanted to become a lawyer -- to change the situation.Â”Â
Baek also chose the life of a conscientious objector in South Korea -- or the life of a convicted Â“draft dodger.Â” He was sentenced to 18 months in jail by the Supreme Court in 2016.Â
He served his prison term and was released in May this year. The Korean Bar Association suspended his lawyerÂ’s license for five years, a possibility that he had known since he was preparing for the bar exam.Â
All this, however, does not mean Baek is accepting things as they are. Now working as an assistant at a small law firm, he is fighting to regain his license. He has been rejected once, but is still fighting.Â
He is also fighting for the sake of other conscientious objectors to have the government and society recognize their freedom of conscience and offer them alternative ways to serve the country.Â
Â“Roughly 400 young conscientious objectors are currently in jail. I think that we should seriously consider giving them alternative forms of military service instead of just treating them as outlaws,Â” he said.Â
Since 2013, nearly 2,500 people were prosecuted for failing to enlist in the military, according to data from the Military Manpower Administration. The military service law mandates a prison sentence of up to three years for men who avoid the draft.Â
A majority of the 2,500 are JehovahÂ’s Witnesses, who object to any form of militarism. Of the total, 15 are unreligious, objecting conscription based on their personal beliefs and the principles of Â“no violenceÂ” and Â“no war.Â”Â
But there are growing signs that the judicial system may be easing its stance on conscientious objectors. This year alone,Â 40 acquittals were made at lower courts for conscientious objectors, five times more than in 2016, reflecting a possible change in legal perceptions.Â
Although no final decision by the Supreme Court to uphold the acquittals has been made yet, the repeated rulings in favor of the objectors are pressing the government to react.
The Constitutional Court is currently reviewing the constitutionality of the conscription law, with several complaints filed regarding conscientious objection.
During his confirmation hearing at the National Assembly last month, new Constitutional Court chief Lee Jin-sung hinted at the need to change the long-entrenched judicial practice against conscientious objection.Â
Â“We should take the situation seriously where people endure being sent to prison for their adherence to their conscience,Â” Lee said.Â
Views on conscientious objection seem to be changing as well.
According to a survey by the National Human Rights Commission, 46.1 percent of people said last year the government should allow conscientious objection, up 12.8 percentage points from 33.3 percent in a 2011 poll.Â
Â“The answer is simple,Â” Baek said. Â“We just have to adopt legislation that allows conscientious objectors to carry out an appropriate alternative service of a length comparable to that of military service.Â”Â
Three bills are pending at the National Assembly seeking to add alternative options to the mandatory military service system.Â
Critics argue it is premature to adopt an alternative service program, especially amid ongoing threats from North Korea. It would also affect the morale of conscripted soldiers to see those citing faith -- which is hard to prove -- being allowed to avoid the tough life in barracks.Â
Â“We do not ask for special treatment,Â” Baek said.Â
Â“Some people wrongly assume that we would be exempted from the national duty mandated to all male citizens of South Korea once the court rules in favor of conscientious objection.
Â“But we are willing to serve our country once an alternative service for objectors is introduced. That will allow us to contribute to the community in a way that does not conflict with our conscience, for instance, in the areas of public health, social welfare, the environment and labor,Â” Baek added.Â
He also believes that religious conscientious objectors have an important role to play.Â
Â“It is our part not to give up and to keep hope alive. I hope they do not resign themselves to be sent to jail, but keep appealing against the prison term to bring about change,Â” Baek said.Â
By Bak Se-hwan (firstname.lastname@example.org)
By Guest Nicole
Jeong Chun-guk, who served the longest time in Korea for conscientious objection, seven years, is now a farmer. [KIM SEONG-TAE]
For 69-year-old Jeong Chun-guk, whose seven years and 10 months in jail is still the longest time ever served by a conscientious objector to mandatory military service in Korea, the struggle for peace has finally led him to a tranquil plot of land in Geumsan County, South Chungcheong, where he can focus on farming and his faith.
Â“I believed that it was more important to spread the new world I discovered within the Bible,Â” he says of his decision not to serve in the military. He had followed his motherÂ’s footsteps, becoming a JehovahÂ’s Witness when he was a freshman studying medicine at Chungnam National University in Daejeon.Â
JehovahÂ’s Witnesses have traditionally held a view that worship should be only to the Â“Kingdom of God,Â” therefore banning allegiance or participation in any national government or politics among their faithful. Though taught to obey the laws of where they inhabit, JehovahÂ’s Witnesses have been known to disobey the laws that conflict with their doctrines, such as denying blood transfusion and refusing to serve military duties.Â
His father, a prison officer, was at a loss for words upon hearing that Jeong had dropped out of school after only one semester.Â
Â“The watchtower my father climbed with his lunch box seemed like a great dungeon from some novel,Â” he says. Â“I never imagined that I would live in such a place.Â”Â
When Jeong turned 21 in 1969, he was incarcerated for 10 months, at the height of anti-communist sentiment following the Blue House raid on Jan. 21, 1968, when North Korean commandos attempted to assassinate then-President Park Chung-hee.Â
After the October Restoration of 1972, in which Park assumed dictatorial powers, conscientious objectors and their families were publicly shamed and the penalty was sharply increased with amendments to the Military Service Law and the new Special Acts for Violation of Military Service Law.Â
At 26, Jeong received another draft notice and arrest warrant. He sent Daejeon District court a seven-page appeal, but the appeal judge sentenced him to three years in prison, twice the initial sentencing.Â
Prison guards, he came to learn, were particularly brutal towards JehovahÂ’s Witnesses. Â“Fearing that JehovahÂ’s Witnesses might proselytize, they did not make us work. Instead we were forced to sit down for the whole day. The only times we could stand up were during our three meals and 15-minute exercise sessions,Â” says Jeong. Â“We prayed so that we may work standing.Â”Â
In those days, the Military Service Law did not allow exemptions from service until three years of penal labor had been served. The Supreme Court deemed it legal to repeat this punishment every time military service was declined, so Jeong was sentenced again in 1974.Â
Upon completing his second sentence at 29, he asked the Military Manpower Administration why a university dropout like himself was being drafted.Â
The Military Service Law back then considered candidates eligible for active duty from the time they graduated high school until the age of 28. But for undergraduates, this was extended to 30.Â
The administration replied that even freshman dropouts were considered undergraduates.Â
One day in February 1977, as he was waiting to finally go home, Jeong was taken to the 32nd Infantry Division.Â
He received another four years in jail from the military court on the conviction of Â“disobeying orders.Â” Â“I thought this was the end,Â” says Jeong, Â“I remember crying at the sight of my motherÂ’s tear-filled eyes.Â”Â
His punishment ended in 1981 at the age of 33.Â
Â“It was strange to see no one stalking me from behind as I walked home,Â” he says.Â
Recently, a lawyer advised him to re-open his case, but Jeon has decided against this. Â“ItÂ’s not impossible to empathize with those who try to protect society by policing those who step out of line,Â” he says, Â“even if they have the strangest reasons.Â”Â
BY MOON HYEON-KYUNG [email@example.com]
'Religious Freedom in Russia is Dead': Jehovah's Witnesses Ban As Extremists Upheld in Russian Supreme Court of AppealsBy The Librarian
It is now possible JW's will appeal again to the European Court of Human Rights in Strasbourg, however, Vladimir Putin has already said Russia need not abide by external rulings of non-Russian courts.
Play-by-play details of the courtroom scene earlier today here:
By Guest Nicole
The U.S. Commission in International Religious Freedom (USCIRF) sounded the alarm about the "worsening" state of affairs for religious freedom across the globe in its report for this year, the Christian News Network reported.
The report, released on Wednesday last week, urges the U.S. Department of State to designate 16 more nations as Countries of Particular Concern (CPC), citing particular instances in those countries that merited their inclusion in the list.
"Overall, the Commission has concluded that the state of affairs for international religious freedom is worsening in both the depth and breadth of violations," said USCIRF Chairman Thomas Reese in a statement.
"The blatant assaults have become so frightening—attempted genocide, the slaughter of innocents, and wholesale destruction of places of worship—that less egregious abuses go unnoticed or at least unappreciated," he pointed out.
Kristina Arriaga de Bucholz, a USCIRF member, said during a panel discussion on Wednesday in Washington D.C. that the commission "specifically name names so that those stories are lifted and people gain the strength that they need in order to continue fighting for their faith," CBN News reported.
The commission urged the State Department to designate six nations—Russia, Central African Republic, Nigeria, Pakistan, Syria, and Vietnam as countries of concern.
The commission blew the whistle on Russia due to worsening religious freedoms in that country, which became even more evident with the recent ban of Jehovah's Witnesses.
Once again, North Korea topped the USCIRF list of countries with the most repressive regimes, noting that freedom of religion is non-existent in that communist nation.
North Korea is also Number 1 on Open Doors USA's World Watch list of the top 50 Christian-persecuting countries in the world.
The Commission urged both Congress and the Trump administration to continually speak up about religious freedom abuses around the world, both in public and in private meetings.
"You cannot have religious freedom without the freedom of worship, the freedom of association, the freedom of expression and opinion, the freedom of assembly, protection from arbitrary arrest and detention, [and] protection from interference in home and family," the report states.
Read more at http://www.christianpost.com/news/assaults-on-religious-freedom-worsening-worldwide-says-u-s-annual-report-184494/#4lzIKswKL2TVtmGV.99
By Guest Nicole
Emmanuel Thomas l Monday, May, 08, 2017 ASTANA, Kazakhstan – A 61 year old Jehovah’s Witness, Teymur Akhmedov has been sentensed to five year jail term in Kazakhstan for sharing his religious beliefs with others. He was sentenced May 2, 2017 in Astana, Kazakhstan. At the time he was sentenced.
GENEVA (4 April 2017) – Moves by the Russian Government to ban the activities of Jehovah’s Witnesses using a lawsuit brought under anti-extremism legislation have been condemned as “extremely worrying” by three United Nations human rights experts*.
“This lawsuit is a threat not only to Jehovah’s Witnesses, but to individual freedom in general in the Russian Federation,” the experts said.
“The use of counter-extremism legislation in this way to confine freedom of opinion, including religious belief, expression and association to that which is state-approved is unlawful and dangerous, and signals a dark future for all religious freedom in Russia,” they stressed.
The condemnation follows a lawsuit lodged at the country’s Supreme Court on 15 March to declare the Jehovah’s Witnesses Administrative Centre ‘extremist’, to liquidate it, and to ban its activity.
A suspension order came into effect on that date, preventing the Administrative Centre and all its local religious centres from using state and municipal news media, and from organizing and conducting assemblies, rallies and other public events.
A full court hearing is scheduled for 5 April and if the Supreme Court rules in favour of the authorities, it will be the first such ruling by a court declaring a registered centralized religious organization to be ‘extremist’.
Concerns about the counter-extremism legislation have previously been raised in a communication by the three experts to the Russian authorities on 28 July 2016.
The Suspension Order imposed on 15 March is the latest in a series of judicial cases and orders, including a warning sent to the organization last year referring to the ‘inadmissibility of extremist activity’. This has already led to the dissolution of several local Jehovah’s Witness organizations, raids against their premises and literature being confiscated.
“We urge the authorities to drop the lawsuit in compliance with their obligations under international human rights law, and to revise the counter-extremism legislation and its implementation to avoid fundamental human rights abuses,” the UN experts concluded.
(*) The experts: Mr. David Kaye (USA), Special Rapporteur on freedom of opinion and expression, Mr. Maina Kiai (Kenya), Special Rapporteur on freedoms of peaceful assembly and of association, and Mr. Ahmed Shaheed (the Maldives), Special Rapporteur on freedom of religion or belief.
The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.
UN Human Rights, country page: Russian Federation
- See more at
By Guest Nicole
A performance criticizing the government’s handling of conscientious objectors, at Seoul’s Gwanghwamun Square by Amnesty International Korea, the Center for Military Human Rights, World Without War, and People’s Solidarity for Participatory Democracy (PSPD) to call for an end to the publishing of personal data on military service evaders, Mar. 28. (by Kim Tae-hyeong, staff photographer)
Objectors and civic groups calling for government to introduce alternative forms of service, instead of punishment
On Feb. 23, the Military Manpower Administration (MMA) sent a notice to 23-year-old Park Sang-wook informing him that his personal details were to be made public as a military service evader. Park’s failure to report to the training center on his reported enlistment date of Dec. 26 was defined by the MMA as “evasion of active military service.” Barring special grounds, the notice informed him, his name, age, address, and other personal details would be published online at the end of the year.Park is a conscientious objector. His decision not to perform military service was motivated not by religious reasons, but by his pacifist convictions. On Mar. 28, he took the microphone at a press conference organized at Seoul’s Gwanghwamun Square by Amnesty International Korea, the Center for Military Human Rights, World Without War, and People’s Solidarity for Participatory Democracy (PSPD) to call for an end to the publishing of personal data on military service evaders.“What is evasion? It means deliberately avoiding a task because of laziness,” he said.“Under the guise of ‘protecting the public,’ the state has established a rigid military state and is massacring its own citizens or deploying them as hired soldiers,” he continued. “Tarnished as it is by defense industry corruption and suspicious deaths, isn‘t it the military itself that is really full of evasion?”Park is awaiting trial after being indicted this month for violating the Military Service Act. Unless he can present special grounds, he will have to spend eighteen months in prison. Barring other circumstances, he will have his name, address, and other personal data made public in December as a military service evader.As a fellow conscientious objector, PSPD secretary Hong Jeong-hoon is in a similar position.“Publishing personal data for someone undergoing trial defies common sense,” Hong said at the press conference.“We need to recognize individuals’ conscience and convictions and institute a system for alternative forms of military service,” he continued.Last year, the MMA began publishing personal information about military service evaders, including their name, age, address, and the nature of their evasion. The Ministry of National Defense instituted the system to prevent evasion at higher echelons in particular and promote an atmosphere of diligent military service compliance. In late 2016, it published the first list of 237 military service evaders who had not reported by December since an amendment to the Military Service Act went into effect in July 2015.The group World Without War noted that “at least 160 of the 237 people were conscientious objectors as Jehovah’s Witnesses, suggesting conscientious objects represent the majority of the system’s targets.”“As a system that seeks to use shaming to force compliance with military service duties, this system has no effect whatsoever on conscientious objectors who feel they cannot defy the dictates of their conscience, even if it means going to prison,” the group said.Speaking at the press conference, Amnesty International Korea secretary Park Seung-ho explained, “The United Nations Human Rights Committee previously said it was a breach of protocol for the South Korean government to impose prison sentences on conscientious objectors without giving them an opportunity for alternative service.”“Now the South Korean government has built up the conscientious objection issue so much that we can talk about conscientious objection being a right in itself,” Park added.“Instead of infringing more on human rights by releasing personal information, what the South Korean government should be doing is honoring its promises to the international community.”By Park Su-ji, staff reporterPlease direct questions or comments to [firstname.lastname@example.org]
7 MARCA 2017
Korea Południowa niesprawiedliwie traktuje Dong-hyuk Shina
Władze Korei Południowej wtrącają do więzienia setki osób odmawiających służby wojskowej ze względu na sumienie. Karze podlegają również mężczyźni, którzy odmawiają stawienia się na ćwiczenia wojskowe po odbyciu zasadniczej służby wojskowej i przeniesieniu do rezerwy.
Dorastając w Korei Południowej, Dong-hyuk Shin wiedział, że pewnego dnia otrzyma powołanie do wojska. Stawił się do odbycia służby wojskowej, a w 2005 roku został automatycznie przeniesiony do rezerwy. Rezerwiści są przez kolejne osiem lat regularnie wzywani do odbycia ćwiczeń wojskowych.
Krótko po zwolnieniu ze służby Dong-hyuk Shin zaczął studiować Biblię. Jej pokojowe przesłanie poruszyło jego sumienie i pobudziło go do zmiany stosunku do służby wojskowej. Gdy w marcu 2006 roku został wezwany na ćwiczenia dla rezerwistów, poinformował władze wojskowe, że nie może zgodzić się na szkolenie, ponieważ byłoby to sprzeczne z jego sumieniem.
Brak poszanowania wolności sumienia
Korea Południowa nie uznaje prawa do podyktowanej sumieniem odmowy pełnienia służby wojskowej. Obecnie wzywa na ćwiczenia dla rezerwistów ponad 40 Świadków Jehowy, którzy odmawiają służby wojskowej ze względu na sumienie.
Wojsko zignorowało przyczyny, dla których Dong-hyuk Shin odmawiał wzięcia udziału w ćwiczeniach rezerwistów, i w ciągu roku kalendarzowego 2006 skierowało do niego w sumie 30 wezwań. Dong-hyuk Shin otrzymywał wezwania przez kolejne siedem lat. Od marca 2006 do grudnia 2013 roku odebrał ich łącznie 118 *. Ponieważ za każdym razem z szacunkiem odmawiał stawienia się na ćwiczenia, 49 razy był sądzony i uznany za winnego, 69 razy stawał przed sądami pierwszej i drugiej instancji oraz otrzymał w sumie 35 wyroków.
„Nie miał innego wyjścia”
Sądy nie miały wątpliwości, że Dong-hyuk Shin szczerze trzymał się głosu swojego sumienia. W swojej decyzji z 7 października 2014 roku Sąd Rejonowy w Ulsan orzekł: „To zrozumiałe, że gdy [Dong-hyuk Shin] został Świadkiem Jehowy, w tej sytuacji nie miał innego wyjścia, jak tylko złamać prawo, ponieważ nie mógł pogodzić służby wojskowej ze swoim wewnętrznym sumieniem i przekonaniami religijnymi”.
Chociaż Sąd Rejonowy ze zrozumieniem odniósł się do trudnego położenia Dong-hyuk Shina, możliwości sądów południowokoreańskich są ograniczone przepisami prawa o służbie wojskowej. Dong-hyuk Shin został ukarany przez sądy grzywnami w wysokości ponad 16 milionów wonów (około 55 000 złotych) i sześć razy skazany w zawieszeniu na pozbawienie wolności na okres przynajmniej sześciu miesięcy. W jednej sprawie sąd skazał go na 200 godzin prac społecznych.
Dong-hyuk Shin mówi: „Byłem tym strasznie udręczony. Miałem wrażenie, że ta próba nigdy się nie skończy. Moje częste wizyty w sądzie martwiły też moją rodzinę. Myślę, że przez te dziewięć lat tak samo jak ja cierpiała moja mama, a cały ten stres wpłynął niekorzystnie na jej zdrowie. Serce mi pękało, gdy widziałem, jak zadręcza się ona z powodu mojej sytuacji. Ucierpiałem też pod względem finansowym. Ciągłe wezwania, późniejsze postępowania sądowe i wyroki zmusiły mnie siedem razy do zmiany miejsca zatrudnienia, ponieważ z powodu obowiązku stawiania się w sądzie rosła moja absencja w pracy”.
Naruszenie umów międzynarodowych
Dong-hyuk Shin bezskutecznie odwoływał się od każdego z wyroków do sądów południowokoreańskich — Sąd Najwyższy czterokrotnie odrzucił jego skargi. Po wyczerpaniu środków prawnych w Korei Południowej w czerwcu 2016 roku Dong-hyuk Shin wniósł skargę do Komitetu Praw Człowieka ONZ. Stwierdził w niej, że poprzez ciągłe wezwania, postępowania sądowe i wyroki skazujące Korea Południowa nie wywiązała się z obowiązku przestrzegania Międzynarodowego Paktu Praw Obywatelskich i Politycznych. Skarga dotyczy trzech zagadnień:
Wielokrotne powoływanie do wojska osób odmawiających służby wojskowej ze względu na sumienie i ponownie karanie ich za tę odmowę jest jednoznacznie uznane w prawie międzynarodowym za pogwałcenie prawa do rzetelnego procesu.
Wielokrotne wezwania do odbycia ćwiczeń wojskowych i idące za tym procesy karne potwierdzają oczywisty cel działania urzędników państwowych, którym jest przymuszenie do służby wojskowej. Życie Dong-hyuk Shina wypełniły nękające oskarżenia i przewody sądowe, a lekceważenie i uznawanie trzymania się swoich przekonań religijnych za przestępstwo stanowiło upokarzającą karę.
Ponieważ Dong-hyuk Shin sprzeciwia się odbyciu służby wojskowej z powodu mocnych przekonań religijnych, uważa on, że naruszono jego prawo do wolności sumienia i wyznania.
Oczekiwanie na ulgę
Dong-hyuk Shin jest pełen optymizmu, że jego skarga zostanie rozpatrzona pozytywnie, ponieważ Komitet wielokrotnie orzekał, iż Korea Południowa powinna przestrzegać podyktowanego sumieniem prawa do odmowy służby wojskowej *. Z nadzieją oczekuje na decyzję, która uwzględni szczególną sytuację osób przeniesionych do rezerwy. Dong-hyuk Shin mówi: „Nie żałuję, że muszę bronić moich przekonań religijnych i sumienia, ale sprzeciwiam się temu, jak byłem traktowany. Mam nadzieję, że władze Korei Południowej uznają to, że ludzie mają prawo odmówić wypełnienia obowiązku nałożonego przez państwo, jeśli jest on sprzeczny z nakazami sumienia”. Podobne stanowisko zajmują Świadkowie Jehowy w Korei Południowej i na całym świecie.
„Wielokrotne karanie osób odmawiających służby wojskowej z powodów sumienia za niezastosowanie się do ponownego wezwania do służby oznacza powtórne karanie za ten sam czyn, jeśli kolejna odmowa wynika z tych samych niezmiennych przyczyn opartych na sumieniu” (Orzeczenie Komitetu Praw Człowieka, Zafar Abdullayev v. Turkmenistan, Communication No. 2218/2012, U.N. Doc. CCPR/C/113/D/2218/2012, 25 marca 2015)
NAJCZĘŚCIEJ ZADAWANE PYTANIA
Dlaczego Świadkowie Jehowy nie idą na wojnę?
Świadkowie Jehowy są znani z tego, że nie uczestniczą w wojnach. Dowiedz się dlaczego.
By The Librarian
Hi brothers!!! Really need your help to send these pictures to Bethelite couple in Korea. Don't know how to send it because I forgot their names, I think the name of the name of the sister is Cendy/Cindy? I want to thank them for their hospitality when I was touring the branch. Hope you can help me. Thank you and regards. - Clifford Abalos, Philippines
Support for conscientious objection increases
By Kim Se-jeong
The number of people in Korea who support conscientious objection has risen significantly over the last decade, a recent survey showed, Monday.
According to the survey conducted by the National Human Rights Commission on 2,556 people aged 15 or older from May to December, 46.1 percent of respondents said the country should allow conscientious objection.
The commission has conducted the survey regularly and the support ratio has increased from 10.2 percent in 2005 to 33.3 percent in 2011.
"Tolerance has improved, but it is clear that conscientious objection is still a contentious issue in Korean society," the commission said in a report. "The number shows it is time for open discussion about it."
The survey didn't mention what contributed to the change in public opinion.
All able-bodied men aged 18 or older in Korea are obliged to serve in the military. Objectors are subject to prison terms. According to statistics, almost 600 men are punished every year for refusing to serve.
Most objectors in Korea cite religion or personal belief in peace as reasons for refusal. Many of them are Jehovah's Witnesses, a Christian denomination.
They demand the government give them an opportunity to serve the country in other ways by introducing alternative services. But the government has refused to accommodate their request, saying no exception is allowed for compulsory military service.
The survey results came out hours before a local court ruling in favor of conscientious objection.
Siding with a 23-year-old conscientious objector surnamed Park, the Jeonju District Court in North Jeolla Province said, "We recognized that the defendant refused to serve on the basis of his religion and values, which is an individual freedom given to all."
Park, a Jehovah's Witness, was taken to court by the government in June last year after refusing to comply with the mandatory service.
A dozen other local courts and an appeals court in Gwangju have also ruled in favor of conscientious objectors.
The Constitutional Court has been reviewing petitions from such people and is expected to make a ruling sometime early this year on whether compulsory military service infringes on individuals' freedoms and whether the country needs to allow alternative services.
The ruling was originally due by the end of last year, but was put off as the court has been focusing on the review of President Park Geun-hye's impeachment.
In 2004 and 2011, it ruled against objectors.
THE KOREAN TIMES
Posted : 2017-01-10
By Kim Se-jeong
By Guest Nicole
By Jon Steingart
Nov. 15 — Murphy Oil USA Inc. violated federal religious discrimination law when it fired a Jehovah’s Witness who refused to comply with a district manager’s command to wish customers a merry Christmas, a new lawsuit in Tennessee alleges ( Appleyard v. Murphy Oil USA, Inc. , W.D. Tenn., No. 1:16-cv-01290, complaint filed 11/10/16 ).
Many employers deal with religious diversity in their workforce and customer base. About 71 percent of the U.S. population identify as belonging to some form of Christianity, with the rest being of another religion or unaffiliated, government data show.
Jehovah’s Witnesses don’t celebrate Christmas, plaintiff Richard Appleyard said in the complaint. Their faith also prohibits them from wishing others a merry Christmas.
“Civil rights laws require employers to provide religious accommodations for the religious practices of their workers and that includes accommodating religious objections to performing job duties,” Daniel Mach, director of the American Civil Liberties Union’s Program on Freedom of Religion and Belief, told Bloomberg BNA Nov. 15.
Manager Belittled Worker’s Religion
A Murphy Oil district manager made disparaging remarks about Appleyard’s faith before the Christmas season, according to the complaint, filed Nov. 10 in the U.S. District Court for the Western District of Tennessee. Appleyard said the company’s stated reason that it fired him from his position as a gas station cashier because his register was short was a pretext for religious discrimination.
Murphy Oil USA Inc. is a subsidiary of Murphy USA Inc. that operates gasoline stations. In 2013, Murphy USA was spun off from parent company Murphy Oil Corp., which is an oil and gas exploration and production company.
‘A Lot of Different Options.’
Accommodations may come in different forms, the head of another religious freedom organization told Bloomberg BNA. An employee who can’t perform a job duty because of a religious objection may be able to direct customers to a colleague, Mat Staver, founder and chairman of Liberty Counsel, said Nov. 15. Liberty Counsel says it’s a Christian ministry whose purpose is to preserve religious liberty.
Asked whether there could be situations when sending customers to a co-worker might not be an feasible accommodation, Staver said it would only be a problem “if you only have one single source of information communicating to the public, maybe a single receptionist.” He added, “Even then it would seem as though a reasonable accommodation would be to allow the person to say season’s greetings.”
“It seems like there’s a lot of different options,” Staver said.
Michael Weinman of the Weinman Thomas Law Firm in Jackson, Tenn., who represented Appleyard, didn’t immediately respond to a Nov. 15 request for comment.
An attorney hasn’t entered an appearance for Murphy Oil USA. Parent company Murphy USA didn’t immediately respond to a Nov. 15 request for comment.
To contact the reporter on this story: Jon Steingart in Washington email@example.com
To contact the editors responsible for this story: Peggy Aulino firstname.lastname@example.org; Terence Hyland at email@example.com
For More Information
The complaint is available at http://www.bloomberglaw.com/public/document/Appleyard_et_al_v_Murphy_Oil_USA_Inc_Docket_No_116cv01290_WD_Tenn.
By Guest Nicole
By Guest Nicole
Just teenagers at the time, all three are Jehovah's Witnesses, and they refuse to compromise their integrity.
On September 24, 1994, three young men, all teenagers, were rounded up and sent to a concentration camp. Their crime? They refused military service on the grounds of their strongly held religious convictions – an entitlement that ironically, one year later, the United Nations Commission on Human Rights reinforced as an acceptable concession that all world nations should adhere to.
Nevertheless, down to this very day, Paulos Eyassu, Negede Teklemariam and Isaac Mogos – all Jehovah’s Witnesses – remain jailed in the Sawa prison camp in the country of #Eritrea, eastern Africa. Without the benefit of any legal framework, the men were detained without cause, without due process and incredulously, have never been formally charged with any crime.
The prisoners have spent their youth behind bars.
The three detainees are all now in the 40s. They have given up the primes of their lives – the chance to wed and start a family – and their opportunity to worship their God shoulder to shoulder with fellow believers. They quietly remain steadfast in their determination to endure for what they know in their hearts is pleasing in God’s eyes.
“It is in Eritrea, more than anywhere else in the world, that Jehovah’s Witnesses experience the most intense persecution,” says a report on the Jehovah’s Witnesses web site, JW.org. The three men are among 55 other Jehovah’s Witnesses jailed in Eritrea for either conscientious objection to conscription military service or for their peaceful religious activity.
By this, all will know you are my disciples...
In a country like Eritrea – where a citizen and a solder and perceived as one and the same – Jehovah’s Witnesses stand out in stark contrast. They will endure prison camps, beatings and torture, but they will not join military ranks. They steadfastly believe in “beating their swords into plowshares” and not “learning war anymore,” says the book of Isaiah. Their international brotherhood practices love for one another. (John 13:34, 35) No Jehovah’s Witness would ever be found in a battlefield, looking across at a fellow Witness, waiting to kill one another or anyone else. Jesus said in the verse cited above that all would know who his disciples are, if they have "love among themselves." If only all major religions practiced what they preached.
US Department of State report.
According to a US Department of State commentary on religious freedoms in Eritrea, citizens there are generally “tolerant of those practicing other religions; exceptions included negative societal attitudes toward Jehovah's Witnesses… and conscientious objectors to military service based on religious beliefs.” Jehovah’s Witnesses are the largest recognized religious organization whose members welcome disciplinary alternatives as opposed to taking up arms in wars.
The State department report also details how government officials actively and intentionally single out Witnesses of Jehovah and subject them to unlawful actions and targeted discrimination. “Although members of several religious groups were imprisoned in past years for failure to participate in required national military service, the government singled out Jehovah's Witnesses to receive harsher treatment than that given to others,” the report cites, adding that many of the religion’s members have been detained for more than a decade and a half – a term “far beyond the maximum legal penalty of two years for refusing to perform national service.”
In addition, Jehovah's Witnesses in Eritrea have had their business licenses revoked without cause, been evicted out of government-subsidized housing units and been denied common government paperwork needed for travel, such as passports and visas.
Philip Brumley, general counsel for Jehovah’s Witnesses: “It is our fervent hope that the government of Eritrea will release all Witness prisoners, including these three men who have been detained for 20 years, and bring an end to the persecution of our fellow believers.”
By Guest Nicole
By Felix Corley, Forum 18
Police raided Jehovah's Witness Mansur Masharipov's home in Dashoguz in July 2014, seized religious literature (subsequently destroyed), beat him, placed him in a Drug Rehabilitation Centre where he was injected with unknown drugs (from which he fled). Arrested in June 2016, he was imprisoned for one year.
Jehovah's Witness Mansur Masharipov has appealed against a one-year prison term handed down on 18 August in the northern city of Dashoguz for allegedly assaulting a police officer back in July 2014. Police subsequently destroyed Bibles and other religious literature seized from him during a raid on his home, according to the verdict seen by Forum 18. His fellow-Jehovah's Witnesses insist the 32-year-old Masharipov is innocent of any wrongdoing and was targeted for his faith.
Masharipov had fled in July 2014 from forcible detention in a Drug Rehabilitation Centre in Dashoguz, where he was injected with harmful unknown drugs, "out of fear for my life and my health". He was arrested in the capital Ashgabad [Ashgabat] on 30 June 2016 and was transferred to Investigation Prison in Dashoguz ahead of his trial.
Other prisoners of conscience
Masharipov is one of two known Jehovah's Witness prisoners of conscience. The 53-year-old Bahram Hemdemov is serving a four-year sentence on charges of inciting religious hatred, charges he denies (see F18News 5 July 2016http://www.forum18.org/archive.php?article_id=2196).
An unknown number of Muslims are also believed to be imprisoned to punish them for exercising freedom of religion or belief. One of those apparently being held incommunicado in Turkmenistan's high-security Ovadan-Depe prison in the desert north of Ashgabad is Bahram Saparov, a fellow Muslim told Forum 18. He had led a Hanafi Sunni Muslim community in the eastern city of Turkmenabad [Turkmenabat] (formerly Charjew) until his imprisonment in late 2013. About 20 others were sentenced to long prison terms with him. Their fate remains unknown (see forthcoming F18News article).
Another Muslim reportedly imprisoned for exercising freedom of religion or belief died in labour camp near Turkmenabad in 2013. Artur Atayev, who used the first name Ali, was imam of an unregistered Sunni Muslim mosque in the Khitrovka district of Ashgabad, someone familiar with his work told Forum 18. His body was never returned to relatives for a funeral. Imam Atayev was arrested in September 2008 soon after an armed clash between a local gang and security forces. The individual familiar with his work insisted he had not been involved in the gang (see forthcoming F18News article).
In addition to those imprisoned for exercising the right to freedom of religion or belief, the authorities regularly hand down corrective labour sentences to those unable to perform compulsory military service on grounds of religious conscience. The men must live at home under restrictions and a fifth of their wages are seized by the state. The most recent such known corrective labour sentence was handed down to Jehovah's Witness Dayanch Jumayev in Ashgabad in February 2016. He was sentenced to one year of corrective labour (see F18News 5 July 2016 http://www.forum18.org/archive.php?article_id=2196).
Masharipov – who is unmarried – is an ethnic Uzbek who lived in Dashoguz until he moved away from the city in 2014 to avoid arrest. In May 2004 he was sentenced to 18 months' imprisonment for refusing compulsory military service on grounds of his religious faith. He was among four Jehovah's Witness conscientious objectors freed from prison under amnesty in April 2005 (see F18News 22 April 2005 http://www.forum18.org/archive.php?article_id=548).
Police officers arrested Jehovah's Witness Masharipov on 30 June 2016 in a park in Ashgabad, Jehovah's Witnesses told Forum 18. He was then transferred back to his home city of Dashoguz, where he was held in the city's Interior Ministry's Investigation Prison (DZD/7).
Police had been hunting for Masharipov since summer 2014 to punish him for exercising the right to freedom of religion or belief. On the morning of 3 July 2014, six police officers and officials had come to his home in Dashoguz as part of "preventive measures" because of his "adherence to the Jehovah's Witness religion", the August 2016 court verdict notes.
One of those raiding Masharipov's home was Hudainazar Artykov, an official of the Religious Affairs Department of the Regional Hyakimlik (administration)
The police officers asked Masharipov to hand over all his literature about religion. He "voluntarily" gave them 22 copies of the New Testament and other books, 15 religious leaflets, 42 religious discs, 7 exercise books with religious notes, 304 pages of religious notes, a religious calendar and a computer notebook containing six or seven Jehovah's Witness films. Masharipov told the officers he had been given these items by an unknown individual on a visit to Uzbekistan. Officers also seized his mobile phone.
The officers then demanded that Masharipov go with them to the police station for – in the words of the verdict - "explanatory work" and "preventive measures in connection with his adherence to the Jehovah's Witness movement", but he refused.
Police officer Gurban Khanov claimed that once outside the block of flats, Masharipov tried to run away. Officers then grabbed him by the arm to try to put him in the police car. Khanov claimed Masharipov tore the lower button and left epaulette from his police uniform before they managed to get him into the car.
Masharipov was charged under Criminal Code Article 211, Part 1 with assaulting a police officer, "although it was the police officers who had subjected him to rough physical mistreatment," Jehovah's Witnesses told Forum 18. "Mansur Masharipov has previously endured abuse, even torture, for his peaceful religious activities."
Criminal Code Article 211, Part 1 punishes "The threat of murder or use of violence not dangerous to life or health in relation to a law-enforcement or military officer or those close to them in connection with the carrying out of their duties in protecting law and order". Punishment is corrective labour or a prison term of up to two years.
Did police assault and lodge false charges against Masharipov?
Masharipov's fellow Jehovah's Witnesses gave Forum 18 in late July 2014 a different account of what happened on the day he was detained (see F18News 1 August 2014 http://www.forum18.org/archive.php?article_id=1981).
Once the search was complete, one of the plain-clothed police officers grabbed Masharipov from behind by the neck, "choking him so he could not breathe, and then dragged him into a waiting vehicle". Once in the vehicle, the officers "began to beat him repeatedly on his head and on his body above his kidneys".
At 12 noon the police took Masharipov to Dashoguz City Police Station, where he was again beaten. From there he was taken to a supervisor's office where the police began to openly discuss what pretext they would use to justify placing him in detention. They brought in police officer Ruslan Jumaniyazov (who had been present during the raid), who said he would claim that Masharipov had ripped off his shoulder insignia while resisting arrest.
At 1 pm Masharipov was returned to Dashoguz City Police Station, where he was again beaten. "The police threatened they would place him in a 'harem' cell with male prisoners where he would be raped," Jehovah's Witnesses told Forum 18 back in July 2014.
The police gave Masharipov a document in Turkmen, which he does not understand, and forced him to sign it. They claimed the document contained a report that they had seized religious books during the search of his flat. The officials included three officers from the Ministry of State Security (MSS) secret police and one representative of the religious affairs department of the Regional Hyakimlik.
Police again threatened that they would charge Masharipov with ripping off the insignia of a police officer. Local policeman Merdan Khanov (also present during the raid) stated that he would testify to this effect.
In the afternoon, the police took Masharipov to Dashoguz City Prosecutor's Office. The prosecutor took a statement from Masharipov and he was then returned to Dashoguz City Police Station and again beaten.
Some of the same police officers in Dashoguz were also involved in accusing another local Jehovah's Witness of tearing off the insignia from an officer's uniform. The same Artykov from the regional religious affairs department testified that Bibi Rahmanova had assaulted the officer in July 2014 within days of Masharipov's detention. She received a four-year prison term the following month, but had her sentence suspended on appeal in September. This meant she was ordered to serve the rest of her sentence at home under travel restrictions (see F18News 28 October 2014 http://www.forum18.org/archive.php?article_id=2009).
The duty officer at Dashoguz City Police refused to discuss with Forum 18 in August 2014 the treatment of Masharipov by its officers.
Tortured with drugs
At 6 pm on 3 July 2014, police took Masharipov to the Drug Rehabilitation Centre in Dashoguz. "This was done as a pretext to justify his detention," Jehovah's Witnesses told Forum 18. "The medical staff administered four injections to Mansur Masharipov, one in each buttock and two below his shoulder blades." His arms and legs became paralysed and he vomited throughout that evening and the following day. He also began to suffer a high fever and severe headaches.
Fearing further torture, Masharipov escaped from the Drug Rehabilitation Centre on 5 July 2014 and fled from Dashoguz.
Following the arrest of Masharipov in Ashgabad on 30 June 2016, police and prosecutors revived the criminal case against him. As well as accusing him under Criminal Code Article 211, Part 1, Dashoguz City Prosecutors' Office also considered accusations under Criminal Code Article 177 ("Incitement of social, ethnic or religious hatred"). However, on 1 August Prosecutors abandoned charges under this Article.
On 18 August, Judge V. Amanov of Dashoguz City Court heard the case against Masharipov not in the court, but at a hearing held in the city's Housing Trust. Judge Amanov found Masharipov guilty under Criminal Code Article 211, Part 1. He sentenced him to one year in a general regime labour camp, according to the verdict seen by Forum 18. Masharipov denied the allegations against him in court.
Police officer Gurban Khanov, described as the "victim", testified in court and called for Masharipov to be punished. The verdict notes that a 5 July 2014 medical report on Gurban Khanov had not found any injuries.
Also testifying in court was regional religious affairs official Artykov. He told the court that Police had already destroyed the New Testaments and other religious literature confiscated from Masharipov during the raid on his home in July 2014. However, the verdict also quotes an 8 July 2016 letter from the Muftiate representation in Dashoguz Region to say that the confiscated books had been handed over to the government's Commission for Work with Religious Organisations and Expert Analysis of Resources Containing Religious Information, Published and Printed Production before being destroyed.
Forum 18 has been unable to obtain a copy of the Muftiate letter, which is Page 118 of the case file.
The Commission was established in summer 2015 to replace the Gengesh (Council) for Religious Affairs, the government body controlling religious communities (see F18News 18 April 2016 http://www.forum18.org/archive.php?article_id=2169).
The verdict does not explain why Masharipov's religious literature was destroyed.
The verdict ordered that his confiscated computer and mobile phone should be transferred to the state.
The prison term was deemed to run from 30 June, the date of his arrest, with each day in pre-trial detention counting as the equivalent of two days' labour camp.
Forum 18 was unable to reach Judge Amanov at Dashoguz City Court on 21 September. It was also unable to reach regional religious affairs official Artykov the same day.
On 30 August, Masharipov lodged an appeal against his conviction – seen by Forum 18 - to Dashoguz Regional Court. He denied the police account that he had used force against them, noting that because of his faith "for me an individual, their worth, life, rights and freedom are of great value". He added that "my religion teaches and helps me to relate to other people with deep respect and love".
Masharipov recounted the beatings and rape threats from police officers after his 3 July 2014 detention. He added that later that afternoon, when he was brought out of the Prosecutor's Office, he tried in vain to run away. He was then beaten again "right on the street". Beatings continued once officers had taken him back to the police station.
Masharipov also recounted that at the Drug Rehabilitation Centre, staff gave him four injections "after which I felt sick, I had a headache and a high temperature and it was almost impossible for me to move". "On 5 July 2014, out of fear for my life and my health, and with the aim of preserving them, I fled from the Drug Rehabilitation Centre."
Masharipov – who says he does not smoke or drink alcohol – questions why he was sent to the Drug Rehabilitation Centre with no court decision. He notes that on 7 July 2014 he sent complaints about the Police conduct to the Interior Ministry and, the following day, to the General Prosecutor's Office. On 30 March 2015 he sent a complaint to President Gurbanguly Berdymukhamedov.
In his appeal Masharipov also complained about procedural violations. He said he had not been given the opportunity to acquaint himself with the accusations against him, and that the July 2014 house search had been conducted without a search warrant from the Prosecutor's Office.
Masharipov insists that the case against him violates the protection of the right to freedom of religion or belief outlined in Turkmenistan's Constitution and the International Covenant on Civil and Political Rights, to which Turkmenistan is a party.
No-one at Dashoguz Regional Court would confirm to Forum 18 on 21 September whether any appeal hearing has yet been set in Masharipov's case.
If Masharipov's appeal is rejected, he is likely to be sent to serve his sentence at the general regime labour camp in the desert just outside the eastern town of Seydi in Lebap Region.
Jehovah's Witnesses lodged an urgent appeal on 11 July 2014 about Masharipov's case to the United Nations (UN) Working Group on Arbitrary Detention and the Special Rapporteur on Freedom of Religion or Belief in Geneva.
The appeal – seen by Forum 18 – gives details of the abuses in Masharipov's case and includes photographs of scars on his arms, legs, stomach, back and one cheek which Jehovah's Witnesses say were inflicted on him in police detention.
The appeal also covered abuses against three other Jehovah's Witnesses (see F18News 1 August 2014http://www.forum18.org/archive.php?article_id=1981).
No charges against police officers
The verdict in Masharipov's case also reveals that Prosecutors considered criminal cases against two police officers involved in the July 2014 raid. Dashoguz City Prosecutors' Office considered criminal charges against Gurban Khanov and Jumaniyazov under Article 181 ("Misuse of official powers"), Article 182 ("Exceeding official powers") and Article 182-1 ("Torture").
Dashoguz City Prosecutors' Office dropped these charges on 1 August 2016. The verdict gives no reason for the decision.
Under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Turkmenistan is obliged to arrest and try under criminal law any person suspected on good grounds of having committed torture. (END)
By Guest Nicole
By Kim Se-jeong
An Jung-hyun, 23, is a Jehovah's Witness on trial for refusing to fulfill his compulsory military service. He was found guilty twice in lower courts, and appealed to the Supreme Court in July. Lawyers told him his chances of winning were low given the highest court's precedents, but he is cautiously hopeful.
This year alone, district courts acquitted nine fellow Jehovah's Witnesses of violations of the Military Law. The most recent ruling came one week ago from the Cheongju District Court which stated, "There are many ways to contribute to the nation without violating a person's basic rights such as social service or alternate work. It is unjust to punish military objectors by criminal law without even making efforts to provide alternatives."
Another hopeful sign comes from Kim Jae-hyung, a Supreme Court justice nominee who recently expressed his support for such objectors and alternative ways to serve the country. His confirmation hearing will begin in September, and if confirmed, he is expected to add a different opinion on the 13-justice court.
Ahn Se-young from Amnesty International Korea also showed cautious optimism.
"These developments certainly reflect growing public support for conscientious objectors," Ahn said.
While the government has claimed that conscientious objectors do not enjoy public support, Amnesty International Korea and Gallup recently conducted a survey in which more than 70 percent of respondents expressed support for conscientious objectors, according to Ahn.
"But, the appeals court and highest court are still conservative," Ahn said. She also doubts Kim will be influential enough to change the opinion of the entire top court.
Kim Dong-in, another Jehovah's Witness, claimed it's time for the Korean government to take a stance.
"If you look at the world, fewer countries refuse to recognize conscious objectors. It will eventually happen in Korea. It's time for Korea to voluntarily recognize them instead of being coerced to do so under pressure," he said.
But those against conscientious objectors claim if they are recognized, many people will abuse the system. "If Jehovah's Witnesses are found not guilty and are allowed alternative services, many young men will join the religious group only to avoid military duty," a blogger said. "There will be no way to sort out whether they are really believers or just misusing the system."
Now, eyes are on the Constitutional Court, which is expected to rule on an appeal by a conscientious objector later this year. Two previous rulings found it unconstitutional to skip military service because of personal beliefs.
Between 1950 and 2011, more than 16,000 conscientious objectors have been imprisoned in Korea, according to Amnesty International Korea. Every year, hundreds of objectors, mostly Jehovah's Witnesses, are put on trial for their rejection of military service based on their beliefs. Those convicted are sentenced to imprisonment for up to 18 months.
"There will be so much I won't be able to do if I have a criminal record," An said. "I am not saying that I will avoid my service to the country altogether. I would like to serve my country, but in a different form."
By Jack Ryan
Crisis of Conscience is a book written by a former member of the Governing Body, Raymond Franz
By Guest Nicole
Russian President Vladimir Putin signed legislation this week that severely restricts freedom of religion by prohibiting any religious speech or evangelization outside of places of worship.
“This new situation resembles the Soviet Union in 1929. At that time confession of faith was permitted only in church,” said Dr. Hannu Haukka, president of Great Commission Media Ministries, reports National Religious Broadcasters (NRB). “Practically speaking, we are back in the same situation. These anti-terrorist laws are some of the most restrictive laws in post-Soviet history.”
The new law, which goes into effect July 20, is actually an amendment to a package of laws against terrorism and extremism approved by the Russian Parliament’s upper chamber. As a result of the legislation, faith sharing in homes, in the media, online, or any place other than a government recognized church is prohibited.
The measure is expected to especially affect evangelical groups and Jehovah’s Witnesses who often share faith in homes rather than traditional churches.
In a column at the Daily Signal, U.S. Sen. Ben Sasse (R-NE) wrote the new law is “an affront to free people everywhere.”
“We need to begin telling the truth about an increasingly aggressive actor in global affairs,” he said. “This Russian law would be an affront to free people everywhere—at home and abroad—who believe that rights of conscience—the rights to free speech and to freedom of religion—are pre-political.”
Religious freedom attorneys and human rights groups are already preparing an appeal to Russia’s Constitutional Court, reports Forum 18. The legislation drew widespread protests and religious leaders are uncertain how they can fulfill the law’s obligations.
“Today is indeed a black day on the calendar,” lawyer Vladimir Ryakhovsky of the Slavic Centre for Law and Justice posted on his Facebook page. “Hope was that Vladimir Putin would not in the end sign this law. A law which openly contradicts the gospel command ‘go and make disciples’ and, in addition, violates the constitutional rights of citizens.”
Mikhail Fedotov, chairman of the Presidential Council on Civil Society Development and Human Rights, protested the new amendments directly to Putin, asserting that they “create unjustified and excessive restrictions on the freedom of conscience of believers of all religions, and encroach upon the fundamental constitutional principle of non-interference by the state in the internal arrangements of religious associations.”
Financial penalties for violating the law are reportedly up to 50,000 roubles for individuals and up to one million roubles for organizations.
“We are distressed by the law and see it as repressive for believers in our country, because the law contradicts the Bible,” said a spokeswoman for the Council of Churches – Baptists. “We must assume there will be repression and persecution.”
“The United States government and all other nations that profess a commitment to religious freedom should urge Russia to repeal this unjust law, NRB President Dr. Jerry A. Johnson said. “Let’s pray this new iron curtain of Christian persecution in Russia will be lifted quickly and without harm to our brothers and sisters in Christ.”
By Guest Nicole
The European Court of Human Rights (ECHR) has ruled that Turkey violated the right to freedom of religion of a group of Jehovah Witnesses in İzmir and Mersin through “direct interference” by refusing to grant them appropriate places of worship.
The Association for Solidarity with Jehovah Witnesses and others appealed against the ECHR against Turkey in June 2010 and complained that national authorities refused to grant a place of worship status to their houses of worship while also rejecting their requests to provide access to places of worship.
In the appeal, the association claimed Turkey violated the group’s right to freedom of religion (Article 9), right to a fair trial (Article 6) and freedom of assembly and association (Article 11). The group added that they did not benefit from the right to an effective remedy (Article 13) and were discriminated against over their membership to a minority religious community – a violation of prohibition of discrimination (Article 14).
The aforementioned difficulties arose from a Turkish Law No. 3194 on Urban Planning which prohibits the opening of places of worship on sites which were designated for other purposes in local development plans.
The same law also established a number of conditions to build places of worship. Accordingly, even a small place of worship must have a surface area of at least 2,550 square meters.
The private premises which were used by Jehovah’s Witnesses in the southern province of Mersin and the Aegean province of İzmir were closed down by authorities for being “unlawful.” Appeals by the believers for the allocation or use of alternative premises as places of worship were also turned down by courts.
In its decision, the ECHR ruled that “the impugned rejections by the authorities amounted to such a direct interference with their freedom of religion that it was neither proportionate to the legitimate aim pursued nor necessary in a democratic society.”
Noting that states are largely free to implement urban planning policies, the court nevertheless underlined that the needs of minority communities were not taken into consideration by state authorities.
“Domestic courts had taken no account of the specific needs of a small community of believers,” the ECHR said, adding that Turkey’s practices were in violation of Article 9 of the convention.
Violations of the remaining articles on which the Jehovah Witnesses complained should also be declared admissible, the court said, but found no need to examine their merits because they were already sufficiently covered.
Turkey was ordered to pay 1,000 euros to the applicants in non-pecuniary damages in addition to 4,000 euros to cover their costs and expenses.
By Guest Nicole
Stanislav Kim could be jailed for up to three years if convicted of having "illegal" religious literature in his home in Urgench. In Bukhara, two Jehovah's Witnesses were jailed for ten days and, with 28 others, fined for "illegal" literature and worship meeting.
Police in Urgench [Urganch] in Uzbekistan's north-western Khorezm Region appear about to hand to court a criminal case against a local Baptist to punish him for "illegal possession" of religious literature in his home. Stanislav Kim could face up to three years' imprisonment if convicted. The Investigator who prepared the indictment refused to tell Forum 18 if Nikolai Serin, another Baptist questioned as a witness in the case, also faces prosecution. Courts routinely punish people for "illegal" religious literature as well as holding meetings for worship.
Khorezm authorities also raided a Baptist worship meeting in February. In late March the host and her non-believing husband were fined for possessing "illegal" literature in their home when the meeting was raided.
Meanwhile in the southern Bukhara Region on 27 January, 30 Jehovah's Witnesses were punished for meeting for worship and possessing religious literature officials claimed was "illegal". They received fines totalling more than 1,050 times the minimum monthly wage or 136,752,000 Soms (390,000 Norwegian Kroner, 42,000 Euros or 47,000 US Dollars at the inflated official exchange rate). Two of the Jehovah's Witnesses - Andrei and Yelena Yu - were fined 30 times the minimum monthly wage each and given 10-day jail terms for exercising their freedom of religion and belief.
Against its international human rights obligations, Uzbekistan imposes strict censorship on all religious publications and all aspects of their distribution. There is a de facto ban on religious literature of any faith in homes and if found such literature is frequently ordered to be destroyed. State pressure is so great that for their own safety some religious believers have destroyed their own sacred texts (see Forum 18's Uzbekistan religious freedom survey http://www.forum18.org/archive.php?article_id=1862).
Imprisonment for religious literature?
On 27 June Investigator Lieutenant Sarvar Artykov of Urgench City Police in Khorezm Region prepared and signed the indictment (seen by Forum 18) against local Baptist Stanislav Kim. He is accused of "illegal possession" of Christian literature under Criminal Code Article 244-3.
Article 244-3 punishes "Illegal production, storage, import into the territory of Uzbekistan with a purpose to distribute or distribution of religious materials, committed after enforcement of an administrative penalty for a similar violation" with a fine of 100 to 200 times the minimum monthly wage or corrective labour of up to three years.
"The Investigator warned us that Stanislav might be fined or even jailed for up to three years," Nikolai Serin, Kim's fellow-Baptist from Navoi Region, told Forum 18 on 27 June. Police told Serin and Kim that Urgench City Court will hear the case in up to fifteen days (by about 10 July), Serin added.
Both Kim and Serin are members of separate Council of Churches Baptist congregations. Council of Churches Baptist churches do not – as Uzbekistan against its human rights obligations requires – seek state permission to exist (see Forum 18's Uzbekistan religious freedom survey http://www.forum18.org/archive.php?article_id=1862).
Urgench Police questioned Serin on 26 June as a witness in the case, he noted. On 19 June Police in Navoi had already raided his home there and confiscated his Christian books. Navoi Police told him that a case had been opened against him under Administrative Code Article 184-2, which punishes "Illegal production, storage, import or distribution of religious materials" with a fine for individuals of 20 to 100 times the minimum monthly wage, as well as confiscation of the materials and any equipment used to produce them.
"We've done nothing criminal, but only exercised our Constitutional rights which allow us peacefully to practice our faith, which does no harm to anyone," Serin insisted to Forum 18. He said that when he told Investigator Artykov, who is leading the case, that he refuses to be a witness, the Investigator warned him that "I also may be punished with up to three years' imprisonment unless I cooperate with the Police."
Serin did not sign any Police reports or statements prepared by Urgench Police during questioning either on 17 May or 26 June, he told Forum 18.
Investigator Artykov argues in the 27 June indictment that the materials found in Kim's home "contain ideas of converting believers of one confession to another, which is against Article 5, Part 3 of the Religion Law". He concludes therefore that Kim "stored illegal religious materials in his private flat".
The indictment says that among the items officers seized from Kim was a Russian-language book "To Mecca", which "propagates the Protestant religion". The book is a "testimony of a former [non-Uzbek] Muslim man who became a Christian", Serin told Forum 18. He confirmed that Kim had a copy.
The "expert analysis" by the government's Religious Affairs Committee says that the book "does not contain ideas against Uzbekistan's Constitutional order, or of an extremist or separatist nature". But it claims that the book "can be used for missionary purposes", Serin noted.
Arslan Ruzimov, Chief of Khorezm Regional Police Criminal Investigation Department, adamantly defended the charges against Kim. Asked on 28 June why the authorities want to imprison him, he told Forum 18 from Urgench: "The religious expert analysis found the materials confiscated from Kim to be extremist."
Told that the confiscated literature consisted of Christian magazines, children's stories, song-books and Kim's personal notes, and asked what specifically is "extremist" in those materials, Ruzimov could not answer. "They have a lawyer, they can ask him to defend them," he retorted. Asked why Serin was pressured to be a witness against Kim, his co-believer, he did not answer. He then declined to talk to Forum 18.
Investigator Artykov also used a July 2001 conviction in a non-religious criminal case to justify the unrelated new case. Kim was sentenced that year to 20 years' imprisonment as an alleged accomplice in an intentional killing. Artykov argues that although Kim was freed from his sentence, "he continued violating the Law".
Serin told Forum 18 that Kim was released from prison in 2009, and that "he became a believer while in prison." He said that "it looks like the authorities want to imprison him again, which is why they bring up his criminal conviction from the past in the indictment."
Investigator Artykov told Forum 18 on 28 June that the case against Kim has not yet been handed to the Court, but refused to answer Forum 18's other questions. Asked whether any charges were brought against Serin, as well as why a criminal case was opened against Kim simply for having Christian books and materials in his home, Artykov replied: "If you want to know the answers then send your representative to our office. I will not answer your questions over the phone." Artykov also did not say when the Police will refer the case to the Court.
Why criminal charges?
The indictment explains that police opened a criminal case against Kim because this is the second case against him within one year for possessing "illegal" religious literature.
Urgench City Criminal Court fined Kim ten times the minimum monthly wage, 1,184,000 Soms, on 8 August 2015 under Administrative Code Article 184-2, according to the June 2016 indictment. The Court ordered part of the Christian literature confiscated from him to be destroyed and the rest to be handed over to the Khorezm Department of the state-backed Muslim Board.
Secret police and anti-terrorism police raid and confiscations
The latest trouble began for Kim on 17 May, when Major Shukhrat Masharipov of Urgench Anti-Terrorism Police and two unidentified officers raided his home in the city, Serin told Forum 18. The indictment indicates that the two officers represented the National Security Service (NSS) secret police. The officers pretended to be conducting a passport inspection.
Without showing a search warrant, officers confiscated Christian literature, including the book "To Mecca", one copy each of "Herald of Truth" magazine, two Baptist song books ("Hold on to Christ" and "Youth for Christ"), a book of Christian children's stories, and several notebooks with personal notes.
Serin told Forum 18 that he was present during the Police raid on Kim's home, since he happened to be visiting him that day.
Six hour interrogation
Officer Masharipov and the other officers took Kim's and Serin's passports and left, demanding that the two appear at Urgench Police Station the next morning.
On 18 May, Major Masharipov and Police Investigator Shavkat Bekjanov questioned the two Baptists for six hours, Serin told Forum 18. "They suggested that we write statements but we refused." The Police told the Baptists that as Kim had been found for the second time "illegally possessing" Christian literature in his home, this time he may be jailed. The two were released from the Police Station that evening.
February Khorezm raid and fines
On 17 February in Gullanbog, in Yangiaryk District of Khorezm Region, two plain-clothes Anti-Terrorism Police officers and the local ordinary police officer raided the home of Oybek and Gulnara Rahimov as 15 Council of Churches Baptists were meeting for worship.
"When the local police officer saw we were worshipping, he called for a police squad," Baptists told Forum 18 on 15 April. Police then began filming those present and took down their names. Police also confiscated a Bible, a children's Bible, one other Christian book and two Baptist song-books.
All the meeting participants were taken to Yangiaryk District Police Station, where they were questioned for three hours.
Oybek Rahimov is not a Baptist and was not at home during the raid. But that did not stop Judge Yerpolat Berdiyev, Chair of Bogot District Criminal Court, on 22 March fining both wife and husband 10 times the minimum monthly wage each. Baptists have particularly expressed outrage at the fine imposed on Oybek.
Judge Berdiyev also ordered the destruction of Christian literature confiscated from the Rahimovs' home. Courts frequently order that such confiscated religious literature be destroyed (see Forum 18's Uzbekistan religious freedom survey http://www.forum18.org/archive.php?article_id=1862).
Asked why the Baptists were raided, Bogot District Police on 8 June referred Forum 18 to Anti-Terrorism Police officer Dilshot Fayzullayev. However, asked the same day why officers conducted the raid, fines and confiscations, he refused to answer.
Neither Bogot District Court, nor Judge Berdiyev, answered their phones on 9 June.
Two short-term prisoners of conscience, 30 large fines
Meanwhile, in Kogon in Bukhara [Bukhoro] Region on 27 January, 30 Jehovah's Witnesses received fines totalling more than 1,050 times the minimum monthly wage or 136,752,000 Soms (390,000 Norwegian Kroner, 42,000 Euros or 47,000 US Dollars at the inflated official exchange rate). Two of the Jehovah's Witnesses - Andrei and Yelena Yu - were fined 30 times the minimum monthly wage each and given 10-day jail terms for exercising their freedom of religion and belief.
The fines and jailing of the two prisoners of conscience followed an early January raid by Kogon Anti-Terrorism Police and the ordinary police on the home of Aziz Pulatov. Jehovah's Witnesses were meeting together for worship, they told Forum 18 on 8 June.
Numon Tukhtayev, Deputy Head of Kogon Anti-Terrorism Police, refused on 8 June to explain why the raid took place. The same day the ordinary police similarly refused to explain their actions.
Judge Zarif Sherov, Chair of Kogon Criminal Court, found the accused guilty under Administrative Code Articles 184-2 ("Illegal production, storage, or import into Uzbekistan, with the intent to distribute or actual distribution, of religious materials by physical persons") and Article 240 ("Violation of the Religion Law"), Part 1 ("Carrying out of unauthorised religious activity, evasion by leaders of religious organisations of registration of the charter of the organisation, the unauthorised organisation and conduct of worship by religious ministers, and the organisation and conduct of special children's and youth meetings, as well as vocational, literature and other study groups not relating to worship").
Aziz Pulatov and Fazliddin Tukhtayev were fined 100 times the minimum monthly wage each; Akpar Pulatov, Shahzoda Pulatova, Mukaddas Rakhmatova, Zuhra Tashayeva, and Malyuda Kuldasheva were fined 50 times the minimum monthly wage each; Shahnoz Gulomova, Shahzoda Mavlyanova, Mukhabbatkhon Mirzayeva, Mokhidil Zairova, Gulnora Norova, Dilfuza Kobilova, Orom Khaydarova, Soliya Niyazova, Mahliyo Zhurayeva, Ibodillo Zhurayev, Gulchehra Ibadova, Shoista Mamedova, Shahin Norov, Zarina Kosimova, Munavvar Mardonova, Azamzhon Ismatilloyev, Farida Amonova, and Zarina Amonova were fined 30 times the minimum monthly wage each; and Gulbahor Mavlonova, Nilufar Ibrohimova, and Mizhgona Ismatillayeva were fined 5 times the minimum monthly wage each.
Judge Sherov denied that he had jailed prisoners of conscience Andrei and Yelena Yu. "I do not know about the jailing," he claimed to Forum 18 on 9 June.
However, the Judge admitted that he had imposed fines totalling 1,050 times the minimum monthly wage. Asked why he did this to people exercising their freedom of religion and belief, Sherov stated: "I explained to them during the hearing that the fines were given based on the existing law."
Asked about the restrictions the Religion Law, Administrative and Criminal Codes put on the exercise of freedom of religion and belief, the Judge replied: "I cannot comment on that". He then said "let them appeal if they do not agree with our decision" before declining to talk further to Forum 18. (END)
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