Human Rights

Bhakta David Nollmeyer

The current emphasis on economics has delineated external operations as a suprasystem to manage moral ideals which should form the assumptions for undertaking the maintenance of the individual and collective body.

Kazakhstan currently has opted for an emergence in the community of nations while still maintaining old school power play tactics. The current stand off between Hare Krishnas and the government clearly demonstrates a lack of good faith on the sovereign's side.

The episode is best understood from the respondent's perspective.

Kazakhastan has recently been the site of systematic abuse under the color of law. Hare Krishna devotees have seen the demolishing of properties at the hands of the authorities as recently as November 20, 2006.

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December 1, 2008

Kazakh Government Withdraws Claim for Demolition of Krishna Temple

Kazakh government withdraws the claim for demolition of the only Temple of the Krishna Society in Kazakhstan

On December 1, 2008 the Karasai district court Judge Shakirov informed the directors of the Krishna Society that the Karasai government had withdrawn its claim to invalidate the purpose of usage and demolition of the Temple and barn at the Krishna community in Kazakhstan.

From the beginning of the case the Kazakh government failed to produce documentation requested by the court and the Krishna Society. Judge Shakirov expressed that he did not wish to rule on this case and openly requested the Karasai government to withdraw its case and establish an amicable settlement.

Independent observers from OSCE and the United Nations attended the hearings.

The Krishna Society now fears that the Kazakh government will develop a stronger case to complete the systematic destruction of the Krishna community in the Karasai District.

The directors of the Krishna Society met the deputy Hakim of Almaty province, S. Mukanov and requested to use the land that they legally purchased in 2004.

Mukanov replied, "Three hundred percent we will never allow you to stay there. Developers have already made their plans for the area. He suggested searching for 5 hectares of alternative land in the Iliysk district of Almaty province.

Since 2005 court procedures by the Kazakh government have resulted in the demolition of 26 homes of Hindu practitioners of the Krishna Society as well as the confiscation of the Society's 116 acre scenic property on the edge of Almaty city.

The property was transferred to the national land reserve, for the purpose of resale, without any compensation given to the Society.

The Krishna Society is registered at the address of their Temple. The forced eviction of the Society from this property would most likely result in the loss of the legal registration of the Society.

The conflict surrounding the Krishna Society is an example of the Kazakh governments will and intent in honoring its commitments to OSCE standards of freedom of religion and belief in light of its OSCE Chairmanship in 2010.

http://kazakhkrishna.com/en-news/335.html

November 25, 2008

The Court Suggests Out-of-Court Settlement

Karasai district court supported peace initiative of the Society for Krishna Consciousness and suggested that the parties make an amicable agreement

Hearings in the Karasai district court regarding the demolition of the only Hare Krishna temple in Kazakhstan continue. The plaintiff, Hakim of the Karasai district, demands that the buildings of the Society should be declared illegal and be demolished.

For a number of court hearings the plaintiff has failed to present documents to support his main charges.

Earlier, the representatives of the Society for Krishna Consciousness repeatedly offered peaceful settlement of the conflict. At the court session of November 25, 2008, the judge came forward with an initiative of out-of-court settlement. It rests with the Hakim of the Karasai district to decide whether to accept this initiative.

The representative of OSCE, the national deputy of the UN High Commissioner of Human Rights, and an officer of the US embassy in Kazakhstan take part in the court sessions as observers. Mass media covers the hearings.

The attempt of the Karasai district hakim to declare the Krishnas' buildings illegal and demolish them leads to the destruction of the only Hare Krishna temple in Kazakhstan. This will be the final act in the planned campaign for the liquidation of the Society for Krishna Consciousness.

For the 4 years of trials the authorities of the Karasai district have destroyed 26 homes of the faithful and confiscated 47 hectares of land which was transferred to the national land reserve without any compensation.

The next court session is scheduled for Monday, December 1, 11:00.
The court address: Tole Bi St. 52, Kaskelen.
Tel. of the court clerk: 8 (72771) 2-10-30.
Judge Mr. Taken Shakirov.

Court Hearings Regarding Demolition of Krishna Temple in Kazakhstan

Hearings of the case about demolition of the only Hare Krishna temple in Kazakhstan continue

At the session that took place on November 17, 2008, the Karasai district court found that the buildings of the Society for Krisna Consciousness had been constructed and passed commissioning lawfully.

The plaintiff, Hakim of the Karasai district, did not present any documents to support the prosecution case both this time and at the previous hearings.

The Karasai district hakim demands in his plaint that the buildings of the Society for Krishna Consciousness should be declared illegal and therefore demolished.

However witness E. Abdykalykov, who sold the land with a house and a barn to members of the Society for Krishna Consciousness in 1999, testified in court that it was him who constructed all those buildings, not the Hare Krishnas as the prosecution claims. The buildings were constructed on the strength of authorization documents.

Another witness, an architect of the Karasai district, R. Elamanov, testified in the court that he had examined the buildings of the Krishnas in
2001 and signed the act of putting them into service in accordance with the juridical norms. Thus the house and the barn were accepted for usage in conformity with the law, while the prosecution claims that it was a result of an error.

The attempt of the Karasai district hakim to declare the Krishnas' buildings illegal and demolish them leads to the destruction of the only Hare Krishna temple in Kazakhstan. This will be the final act in the planned campaign for the liquidation of the Society for Krishna Consciousness.

For the 4 years of trials the authorities of the Karasai district have destroyed 26 homes of the faithful and confiscated 47 hectares of land which was transferred to the national land reserve without any compensation.

The next court session is scheduled for Tuesday, November 25, 11:30.
The court address: Tole Bi St. 52, Kaskelen.
Tel. of the court clerk: 8 (72771) 2-10-30.
Judge Mr. Taken Shakirov.

http://kazakhkrishna.com/en-news/331.html

U.S. Embassy urges Kazakh authorities to end harassment of Hare Krishna

http://www.palaceofthesoul.com/news/index.php

The Associated Press
Thursday, December 7, 2006

ALMATY, Kazakhstan

The United States on Thursday urged Kazakhstan's authorities to end what it called an "aggressive" campaign against the country's tiny Hare Krishna community.

The U.S. Embassy said it had "several concerns" regarding the legal basis for the demolition last month of Hare Krishna's 13 summer houses outside the Kazakh commercial capital, Almaty.

In April, Kazakh courts found the Hare Krishna members guilty of illegally acquiring land and ordered that the houses be destroyed and the land confiscated.

"Regardless of the merits of the underlying case, the forceful eviction of homeowners in freezing temperatures and the destruction of their possessions, contradicted principles of due process and fairness," the Embassy said in a statement.

Laborers with crowbars and bulldozers destroyed the community's 13 country houses at their farm on Nov. 21, while police prevented community members from interfering.

The Hare Krishna community denies breaking property laws and says it is a victim of religious intolerance.

The Organization for Security and Cooperation in Europe said in a statement after the demolitions that the move "suggests they have been targeted on the basis of their religious affiliation."

The U.S. Embassy urged the Karasai district authorities who were behind the legal action against the Hare Krishna community "to refrain from any further aggressive actions ... and to work toward a fair, lawful, and peaceful resolution of the ongoing legal dispute."

Kazakh authorities have long been seen as being more tolerant of other religions than other governments in mostly Muslim ex-Soviet Central Asia, but in recent years they have tightened laws governing religious organizations, citing concerns about Islamic extremism.

Written By: BB Govinda Swami

Date: 07 Dec 2006

Ways To Help In Kazakhstan
by Sundara nanda-gopala dasa
Posted May 12, 2006

This situation must end. We must all get involved and we must do it now.

Please consider doing any of the following:

(1) Contact your local branch of Amnesty International ( www.amnestyusa.org or www.amnesty.org ) and describe the situation to them. Ask what can be done and speak with their advisors to determine how to take, and inspire, action for restoration of the Kazakhstan devotees' religious and human rights.

(2) See the below list of telephone and fax numbers and make an endeavour to contact the government of Kazakhstan and its associated branches, to voice your protest. The numbers are often difficult to get through to. Keep trying! When you do get through, INSIST on speaking to someone who speaks fluent English (unless, of course, you are fluent in Russian or Kazakhstani).

Presidential Office: +7 (3172) 152634, 152920, 152107 +7 (3172) 324558 Presidential PR department: +7 (3172) 744051

Administration of the President: +7 (3172) 151203, fax +7 (3172) 324480

Prosecutor's office of RK +7 (3172) 712868, 214025, 712500

Senate +7 (3172) 153195, 153239, 327710

Senate PR department: +7 (3172) 153295, 153505 fax +7 (3172) 334639

Committee on Religious Affairs Mr. Yeraly Lukpanovich Tugzhanov +7 (3172) 152497, 152217, 152690 fax +7 (3172) 328356

Prime Minister Mr. Danial Akhmetov +7 (3172) 152035, 152027

Almaty Regional Land Department Mr. Nauryzbai Asanbayevich Taubayev +7 (3272) 270125

Almaty Regional Hakim Mr. Serik Abikenovich Umbetov +7 (3282) 271753

Karasai District Hakim Bolat-bi Satynbayevich Kutpanov +7 (32771) 21142, 21709

Karasai District Court: +7 (32771) 20899

Court executive Ms. R. Baimukhanbetova +7 (32771) 22030

As earlier communiques from Kazakhstan have already explained, the following arguments may be presented:

"(A) Law-obedient citizens are deprived of their homes and thrown to the street. All of them have lawfully acquired the right of ownership for their plots of land, they have paid all the taxes and membership charges.

(B) The Hakim (Governor) of the district accuses the owners that they never had their property privatized. However the members of the community repeatedly applied to the Hakim for his permission to make the acts of ownership for their cottages and plots but he repeatedly refused. Without his sanction for privatization one cannot make needed documentation for the cottages.

(C) The devotees' houses are located on the territory of a Consumers Cooperative. There are 120 members of this Cooperative. However the claims are brought only against the members of the religious society. In each and every claim the connection of the defendants to the Religious Organization Society for Krishna Consciousness has been illustrated. This is a direct and flagrant violation of human rights and freedoms which are guaranteed by the Constitution of Kazakhstan.

(D) Confiscation of property without compensation is possible only in a criminal case. Ours is a civil case. It is not a criminal case.

(E) According to the law, the citizens whose property is confiscated are given at least 5 days to prepare for the execution of the court decision. In our case we have another transgression of the law as we were given less than one day."

(3) Please contact any media connections you may have. Public knowledge of conspiracy and exploitation often serves well to eliminate it.

Please also contact the government of Kazakhstan in writing at:

*Presidential Headquarters*

To the President of the Republic of Kazakhstan

Mr. Nazarbayev N.A.

Government Palace, Levoberezhye,

Astana, 010000, Republic of Kazakhstan

*Presidential Residence*

To the President of the Republic of Kazakhstan

Mr. Nazarbayev N.A.

Akorda, Astana, 010000, Republic of Kazakhstan

Or, by e-mail at:

President's e-mail: sitePRK@global.kz

Please contact Sri Vrindavana Dhama/Palace of the Soul directly, at: director@palaceofthesoul.com

Thank you for your immediate attention to this very serious problem."

http://www.chakra.org/