Kazakstan: Fined for a Book of Bible Stories

Friday, 13 January, 2023

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Daniyar Sadvakassov

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Tatiana Trubacheva

Contributor

Last July, just before the Muslim holiday of Kurban Ait – often known as the feast of Eid al-Adha – Kazak journalist Rufiya Mustafina published a video interview with Khamzat Adilbekov, the head imam of the local Kyzylzhar mosque.

“In the interview, the imam described the traditions and culture of celebration of the official holiday of Kurban Ait. The video was posted on my Facebook account,” Mustafina, from Petropavlovsk, wrote on Instagram.

Since 2006, Kurban Ait and Orthodox Christmas have been official days off in Kazakstan, so there seemed little untoward in marking the occasion.

However, soon after she posted the video, the police brought an administrative case against Mustafina for dissemination of religious material in an “inappropriate place”.

A court found Mustafina guilty under article 490 of the Code of Administrative Offences which allows the distribution of religious materials only in places of worship, education or premises specifically designated by the authorities.

Mustafina was fined 50 minimum calculation indexes (MCIs), equal to 153,000 tenge or 338 US dollars - for legal entities, the fine is 200 MCIs, 636,000 tenge or 1,360 dollars. Later, the court of appeal waived the punishment “due to de minimis infraction”. But the fact of the offence remained.

The case illustrated a paradoxical situation in Kazakstan whereby citizens can be punished for dissemination of religious materials, even if they are of a non-extremist nature. This even extends to selling a copy of the Quran or the New Testament on classified sites.

“If we look at internet sites as media, we can be fined for greetings on Easter or Kurban Ait,” said religious expert Aleksandr Antipin.

Mustafina’s case was the most high-profile of 2022, but far from the only one. According to the supreme court of Kazakstan, 107 administrative cases were brought in 2022 under article 490. There were 103 in 2021 and 118 in 2020.

Tatiana, a resident of Ust-Kamenogorsk, was fined for selling a book of biblical stories via the OLX private classifieds site. The woman told her court hearing that she was selling the book because she no longer needed it, and had no idea that to do so was forbidden.

Zarina, the owner of a Muslim clothing boutique in Akzhaik district in western Kazakstan, was also taken to court for selling books about prayer and bringing up children in the Islamic faith which she bought on the website kitapal.kz.

“I did not know that I would be fined for selling them,” she said. “I was warned by religious experts, they said I may not sell them and that I should get a permit. But I did not think that an administrative case would be opened and they would take it seriously. I sold the books alongside Islamic clothing…. and then there was a trial and I was fined 500 MCIs (340 dollars).”

Government officials argue that such punishments could easily be avoided if people obtained special permits from the authorities.

“It is not difficult now to get the permit for the dissemination of religious literature from the public development office or via egov.kz. It is free of charge in all cases,” said Nazerke Kopenova, head of interaction with religious associations in the domestic policy department of Ust-Kamenogorsk.

And the committee for religious affairs, part of the ministry of information, maintained that the public was aware that it was illegal to disseminate religious literature without the proper authorisation.

“We organise roundtable discussions, meetings, sessions, live broadcasts, lectures, interviews, briefings, and other events with the participation awareness-raising groups on a regular basis,” the committee said in a statement. “To cover the maximum number of people, we publish relevant materials on the media and internet resources, place information billboards in crowded places, disseminate brochures, booklets and magazines.”

STIGMA OR PROTECTION?

The ban on free dissemination of mainstream religious materials reflected the nature of the country’s consolidated authoritarian regime, according to Evgeny Zhovtis, director of the Kazakstan International Bureau for Human Rights and Rule of Law.

Such regimes traditionally tried to control all public spaces, he continued, adding “The overwhelming majority of religious literature has no illegal content, but the fact that it is religious stigmatises its owners and believers as a whole in the eyes of the state.”

Zhovtis said that the 2011 law on religious activity and associations and its related regulations were repressive and in fact constituted censorship, explicitly forbidden by the Kazakstan’s constitution.

“Therefore, the attitude in our country to religious literature is discriminatory,” he said, adding, “Why doesn’t anyone check fiction or other non-religious materials before publication that can also contain banned content or be provocative?”

The authorities argue that these measures are necessary to counteract religious extremism and terrorism, especially given the growing interest in religion and the influence of sometimes untrustworthy spiritual leaders.

“Very often people with a low level of religious and legal literacy take information from internet resources, including dubious channels,” the committee for religious affairs said in a written response.

Despite the government’s efforts, religious literature is still routinely sold on classifieds sites and online bookstores.

“From time to time, [the sellers] get caught for distribution of religious literature, but [the authorities] in my opinion, act selectively,” Zhovtis said. “Maybe some are engaged in extorting money from some sellers when monitoring objects and platforms for religious literature selling, and ignoring others.”

Legislation needed to limit the influence of extremists while making life easier for law-abiding religious communities, he continued, adding, “It’s necessary to fight real threats and not to impose criminal or administrative sanctions on those people who express their opinions, their religious views and exercise their right to freedom of conscience, religion or opinion.