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F18News: Kazakhstan - The court hearing which never was?

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  • F18News: Kazakhstan - The court hearing which never was?

    FORUM 18 NEWS SERVICE, Oslo, Norway
    http://www.forum18.org/

    The right to believe, to worship and witness
    The right to change one's belief or religion
    The right to join together and express one's belief

    ========================================== ======
    Friday 30 January 2009
    KAZAKHSTAN: THE COURT HEARING WHICH NEVER WAS?

    Kazakhstan has barred the Hare Krishna community's leader in Central Asia
    from visiting the country, Forum 18 News Service has found. Kazakh
    officials have claimed that US citizen Seane Hobgood (religious name
    Govinda Swami) was found guilty of "illegal missionary activity" by Aktobe
    Regional court in 2008. The alleged "illegal missionary activity" was a
    private talk to devotees. However, Aktobe Regional Court, Aktobe City
    Administrative Court and City Civil Court all confirmed to Forum 18 that
    they did not hear any case relating to Govinda Swami (Seane Hobgood) in
    2008. Also, Govinda Swami had previously visited Kazakhstan since the
    alleged conviction, without being banned. Human rights defender Yevgeni
    Zhovtis pointed out to Forum 18 that describing Govinda Swami's talk to a
    registered religious community as "illegal missionary activity" is
    "absolute rubbish". Aktobe City Prosecutor's Office confirmed to Forum 18
    that police filmed the gathering. In 2006, an American university lecturer
    was fined and given a deportation order, after the authorities filmed him
    taking part in a Bible discussion at a Baptist church he attended.

    KAZAKHSTAN: THE COURT HEARING WHICH NEVER WAS?

    By Mushfig Bayram, Forum 18 News Service <http://www.forum18.org>

    The leader of the Hare Krishna community in Central Asia, Seane Hobgood
    (religious name Govinda Swami), was denied entry to Kazakhstan at Almaty
    airport on 27 January, his colleague Maksim Varfolomeev who had arrived on
    the same flight from Moscow told Forum 18 News Service. Officials told
    Govinda Swami, who holds a US passport and has a valid multi-entry Kazakh
    visa which runs out in April 2009, that he has been barred from the country
    in the wake of a conviction by Aktobe [Aqtobe] Regional Court in 2008.
    Ruslan Zhasanov, who covers religious cases at Aktobe City Prosecutor's
    Office, told Forum 18 on 28 January from Aktobe that Govinda Swami has been
    barred from the country because of his "illegal missionary activity" in
    Aktobe in May 2008. He said the Prosecutor's Office asked the Migration
    Police to impose the ban. However, Forum 18 has been unable to find that
    any legal case ever took place.

    Yevgeni Zhovtis, head of the Almaty-based Kazakhstan International Bureau
    for Human Rights and Rule of Law, said it is "nonsense" to say that the
    Migration Police has the authority whether or not to allow a foreign
    citizen into Kazakhstan. "It can only be done on the basis of a court
    decision by the State Border Service, which is under the auspices of the
    National Security Committee (KNB) secret police," he told Forum 18 on 29
    January.

    He added that under Kazakhstan's current Religion Law it is "absolute
    rubbish" to talk about Govinda Swami's "illegal missionary activity".
    Zhovtis said, according to the Law, propagation of a religion by an
    individual is only considered missionary activity if that religion does not
    already exist or is not registered in Kazakhstan. "As I understand, Govinda
    Swami was preaching in a registered Hare Krishna community."

    Kenzhebulat Beknazarov, the KNB secret police spokesperson, insisted that
    the KNB has nothing to do with the case but defended the ban. "The
    authorities acted lawfully while barring Seane Hobgood from entry," he told
    Forum 18 on 27 January from the capital Astana. He too claimed that Govinda
    Swami had engaged in illegal missionary activity in May 2008. "The decision
    to bar Hobgood's entry into Kazakhstan was made by the Migration Police on
    the claim brought by the Aktobe City Prosecutor's office."

    An official of Aktobe City's Migration Police, who did not give his name,
    refused to talk to Forum 18 on 27 January about the case. Forum 18 was also
    unable to discuss the case with the Justice Ministry's Religious Affairs
    Committee on 27 and 28 January.

    Aktobe Regional Court, Aktobe City Administrative Court and City Civil
    Court confirmed to Forum 18 on 27 January that they did not hear any case
    relating to Govinda Swami (Seane Hobgood) in 2008.

    Varfolomeev complained to Forum 18 that the community has not seen any
    court verdict. "This is the first any of us knew about this case against
    him," Varfolomeev told Forum 18. He said the border guards at Almaty
    Airport had initially told Govinda Swami merely that he was on the entry
    blacklist and refused to explain the denial of entry, claiming it was a
    "state secret". They then suggested Govinda Swami should ask the KNB secret
    police. It was only when the Hare Krishna devotees called Kayrat Tulesov of
    the Religious Affairs Committee in Astana that they were told of the
    conviction. Tulesov told them that the General Prosecutor's Office had
    denied that they had ordered Govinda Swami barred, but did not say who had
    ordered the bar.

    Govinda Swami then asked the community's lawyer to come to the holding
    area at Almaty Airport, but security staff refused to allow him access to
    the area where Govinda Swami was being held, Varfolomeev added. Govinda
    Swami told Forum 18 on 29 January from Dubai that he was detained at the
    airport for twelve hours and forced to buy a return ticket to Moscow on the
    evening flight. He was accompanied on the flight by Kazakh border officials
    who returned his passport to him only at Sheremetyevo Airport in Moscow.

    Govinda Swami said their lawyers are now in the process of trying to get a
    written official declaration giving the cause of deportation. "As I
    understand it, the deportation can be ordered only by a court decision," he
    told Forum 18.

    Govinda Swami visited the registered Hare Krishna community in Aktobe on
    28 May 2008. "As soon as we arrived in Aktobe's Airport, we took him
    directly to the Regional Akimat (administration) to get permission for his
    planned activity," Varfolomeev said. He reported that Yermek Tauanov, the
    Regional Akimat's Chief Expert on religious affairs, did not give
    permission for public meetings but said that Govinda Swami "could meet with
    his fellow-believers in Aktobe in private."

    Zhasanov of Aktobe City Prosecutor's Office confirmed to Forum 18 that
    Hare Krishna devotees had asked the Akimat for permission but that this was
    refused. However, Tauanov denied ever speaking about permission for Govinda
    Swami. "I have worked in this office for almost 10 years but I have never
    seen or talked to Seane Hobgood," he told Forum 18 on 28 January.

    In the wake of the refusal, Govinda Swami addressed devotees in a private
    house, Varfolomeev reported. However, two people not recognised by the
    community were also present. "They filmed the meeting on their mobile
    phones, to which we made no objection," Varfolomeev told Forum 18. "Soon
    they left and officers from Aktobe city Police arrived, telling Govinda
    Swami that he was engaged in illegal activity." He said officers forced
    Govinda Swami to sign a document which he did not understand and appear at
    the Prosecutor's Office the following morning.

    Zhasanov of the Prosecutor's Office also confirmed that the police checked
    up on and filmed the gathering. "Based on the video materials, and the
    refusal of the Akimat, we evaluated his actions as illegal missionary," he
    told Forum 18. Asked why Govinda Swami's activity was illegal if he was
    talking to a private gathering, Zhasanov was vague. "Of course he could
    have avoided the problem if he just came to the prosecutor's office back in
    May and explained what happened." Zhasanov said in the worst case he might
    have been fined. But he said Govinda Swami did not come and instead left
    the city the next day for Almaty.

    Varfolomeev said Govinda Swami was advised by his lawyer to go to Almaty
    and sort out the incident by a help of a professional interpreter and
    inform the US consulate about the issue, which he did. Govinda Swami spoke
    to the US Consul and gave his contacts in case the authorities in Aktobe
    had any questions. Varfolomeev said Govinda Swami stayed in Almaty until 5
    June and then left Kazakhstan, but that the Aktobe authorities never tried
    to reach him.

    Varfolomeev pointed out that Govinda Swami had been in Kazakhstan in
    mid-January without problem and had even had to show his passport and visa
    to three Migration Police officers who questioned him one night after he
    left his birthday party in Almaty. "Everything was in order then, so we
    don't understand why this has happened."

    Later, Varfolomeev added, local Hare Krishna members heard rumours that
    Aktobe city Prosecutor's Office was seeking to ban Govinda Swami's entry
    into the country. "We did not want to believe this then," he said.

    Varfolomeev said they understood the rumours of the-sought-for ban could
    be true when they saw an article by Alina Pak in Megapolis, an Almaty-based
    national newspaper, on 7 July 2008. The article, entitled "Like an
    Englishman, Without Saying Goodbye", claims that an unnamed American
    Buddhist preacher, instead of appearing before the Prosecutor, "ran away"
    from Aktobe. The author reported that prosecutors were insisting on a ban
    of his entry into Kazakhstan.

    Zhaslan Zhugunisov, head of a division of the State Agency of Oversight of
    Prosecution Bodies, told the newspaper that the foreigner was invited to
    the city Prosecutor's Office to testify about his activity in Aktobe, but
    instead "he packed up, and left the city." Zhugunisov claimed that had the
    visiting American asked for a registration from the local Akimat, without
    which he said it is illegal to engage in missionary activity, he would not
    have had any troubles.

    Varfolomeev told Forum 18 that before this article they did not even worry
    about the incident in Aktobe, because they "received no phone calls, or
    inquiries from the authorities on Govinda Swami's visit to Aktobe."

    Zhasanov of Aktobe City Prosecutor's Office defended the refusal to give
    Govinda Swami reasons for the deportation. "Imagine that I go to the United
    States," he said, "if I am stopped at the border and deported, the
    officials will not explain to me the reasons." He added that just like
    America, Kazakhstan is a sovereign state with its own rules and
    regulations. "Even though we are a secular state, the issue of religion is
    a very sensitive one in Kazakhstan where the majority of population is
    Muslim," he said.

    A source from Kazakhstan, who preferred to remain unnamed, told Forum 18
    on 28 January that in June 2008, Aktobe City Prosecutor's Office officials
    had contacted them to "broker a deal" between the Hare Krishna devotees and
    the authorities. If the Hare Krishna community was "prepared to pay five
    thousand US Dollars each to the Aktobe's City's Prosecutor, KNB secret
    police and Migration Police" then the case would be closed. Zhasanov
    vigorously denied to Forum 18 that Aktobe City Prosecutor's Office had
    demanded any bribe since he was appointed to the post in October 2008.

    Asked how long the ban would remain in force, Zhasanov told Forum 18 that
    although the ban on his entry into Kazakhstan was permanent, Govinda Swami
    might get his ban lifted. "Let him write letters to the Migration Police,
    General Prosecutor's office, KNB, and the Border Service explaining why he
    did not appear before the Prosecutor back then," he said, "and promise in
    the letter that he would not in the future violate Kazakhstan's law, then
    it might be possible to lift his ban."

    Varfolomeev said they remained pessimistic over the success of the
    community's efforts to bring a legal appeal against the denial of entry.
    "Govinda Swami is our spiritual master and the community wants to hear from
    him," he told Forum 18. "He is also our administrative leader. The
    community had invited him and paid for his ticket."

    The Kazakh authorities have previously spied on and expelled foreigners
    involved in religious activity. In 2006 Dan Ballast, an American working as
    a university lecturer in Oskemen, was deported after officials secretly
    filmed him participating in a Bible discussion at a Baptist church he
    attended (see F18News 12 December 2006
    <http://www.forum18.org/Archive.php?articl e_id=886>).

    Still barred from entry into Kazakhstan is Aleksei Ledyayev, chief pastor
    of the New Generation Pentecostal church which has congregations in the
    country. Ledyayev - who was born in Kazakhstan, and is a permanent resident
    of Latvia - told Forum 18 from the Latvian capital Riga on 28 January that
    he remains barred from Kazakhstan, Russia, Belarus and Armenia, and often
    encounters problems when he applies to visit Ukraine. "There are no changes
    - I am persona non grata," he told Forum 18. He said he believes he was
    placed on the Kazakh blacklist after being blacklisted by Russia in 2002.
    "The Russians dictate to Belarus, Armenia and Kazakhstan."

    Kazakhstan denied Ledyayev a visa in 2005, which led the New Generation
    Church to cancel a conference due to have been held in Almaty. The Kazakh
    consulate in Riga told him he was on a blacklist and that his presence in
    Kazakhstan was "not desirable" (see F18News 8 June 2005
    <http://www.forum18.org/Archive.php?articl e_id=578>).

    Varfolomeev of the Hare Krishna community also told Forum 18 that the
    authorities are now pressuring the Hare Krishna commune near Almaty to
    vacate their land by 1 May. The authorities have long been seeking to close
    down the commune and seize the land (see F18News 9 January 2009
    <http://www.forum18.org/Archive.php?articl e_id=1238>).

    "Officials from the Religious Affairs Committee in Astana told us by phone
    we have a deadline of 1 May to leave. They sounded very angry that we have
    not written to say that we are happy to accept the rubbish dump that has
    been offered to us." He speculates that officials are desperate to have in
    writing a letter from the community renouncing any claims against officials
    and accepting the loss of their land. He said officials' promises in late
    December that they would help the community try to exchange the rubbish
    dump for a more suitable alternative site have now been abandoned. "They
    are now telling us they cannot help us exchange the site. This completely
    contradicts their earlier statements." (END)

    For a personal commentary on how attacking religious freedom damages
    national security in Kazakhstan, see F18News
    <http://www.forum18.org/Archive.php?art icle_id=564>

    For more background, see Forum 18's Kazakhstan religious freedom survey at
    <http://www.forum18.org/Archive.php?article_ id=701>

    More reports on freedom of thought, conscience and belief in Kazakhstan
    can be found at
    <http://www.forum18.org/Archive.php?query=&a mp;religion=all&country=29>.

    A survey of the religious freedom decline in the eastern part of the
    Organisation for Security and Co-operation in Europe (OSCE) area is at
    <http://www.forum18.org/Archive.php?article_ id=806> and a survey of
    religious intolerance in Central Asia is at
    <http://www.forum18.org/Archive.php?article_ id=815>.

    A printer-friendly map of Kazakhstan is available at
    <http://www.nationalgeographic.com/xpedition s/atlas/index.html?Parent=asia&Rootmap=kazakh& gt;.
    (END)

    © Forum 18 News Service. All rights reserved. ISSN 1504-2855
    You may reproduce or quote this article provided that credit is given to
    F18News http://www.forum18.org/

    Past and current Forum 18 information can be found at
    http://www.forum18.org/
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