Гонение в Казахстане — осужден пастор за молитву за исцеление

November 9, 2011 · Adam Bondaruk, Baptists, Victor Belykh, AUCECB, Persecution, Interview, KGB, Books, Unregistered Pentecostals, Nikolay Kotyakov, On Emigration, United Church of Evangelical Christians, Vestibule, Petr Saenko, Pentecostals, Religious Mafia, Slavik Radchuk, Contemporary Persecution, Security Services

Several criminal cases have been initiated in Kazakhstan against Protestant pastors who prayed for the healing of the sick. Yerzhan Ushanov, pastor of the Protestant church “New Life” in Taraz, faces up to two years in prison in a criminal case opened by the KNB (Committee for National Security) on charges of causing harm to citizens’ health, reports Mushfig Bayram, a correspondent for the organization “Forum 18.”

According to KNB officials, a church member’s health was damaged after Pastor Yerzhan Ushanov prayed over him using hypnosis.

“This is already the second time that the authorities in South Kazakhstan have brought such absurd accusations against pastors for allegedly using hypnosis, when in reality they merely prayed for the healing of the sick,” members of the “New Life” church told “Forum 18” correspondents, speaking on condition of anonymity.

The Zhambyl regional police division for countering extremism, separatism, and terrorism raided the “New Life” church on June 19 during a Sunday service after receiving a complaint about an alleged case of food poisoning. On Saturday, June 25, 2011, KNB officers conducted a search at Yerzhan Ushanov’s home.

According to one church member, Yerzhan Ushanov is charged under Article 111 of the Criminal Code (“Causing grave harm to health through negligence”) for allegedly inflicting serious harm to Alexander Kereyev’s health through his prayers. This article provides for punishment in the form of a fine ranging from 100 to 200 monthly calculation indices, or community service of 180 to 200 hours, or imprisonment for up to two years.

“In some cases the authorities even demanded our pastors obtain special permission from the Ministry of Health in order to pray for the healing of the sick,” church members say.

At the Zhambyl regional KNB department, the officer on duty who answered the phone and refused to give his name told correspondents of the human rights organization “Forum 18” on June 30 that he could not comment on the case, that department chief Kayrat Baibakov was busy, and asked them to call back in three or four days. When they called again on July 4, 2011, the same duty officer refused to connect the correspondent with the chief or anyone else and hung up the phone.

In another similar case, also occurring in the Zhambyl region, Vissa Kim, pastor of the Protestant church “Graceful Light of Love,” was found guilty under the same Article 111 of the Criminal Code for causing harm to a woman’s health during prayer.

In April 2010, Taraz City Court No. 2 fined him 100 monthly calculation indices (141,300 tenge) plus five thousand tenge for court costs.

The Zhambyl regional court dismissed the appeal, after which Vissa Kim paid the fine. The complaint filed with the Supreme Court was upheld on December 14, 2010, but only because the prosecutor’s office initiated the case after the statute of limitations had expired. The money paid as a fine has still not been returned.

On June 25, 2011, at 7 a.m., five KNB officers, including Captain Alexander Bychko and Captain Galymzhan Zhumashev, burst into Yerzhan Ushanov’s home with a search warrant. He was shown the search warrant and a complaint from a woman named Nauryzbayeva alleging that her husband, Alexander Kereyev, “fell ill after hypnosis” conducted by Yerzhan Ushanov in the church. The pastor was not given a copy of these documents.

In the opinion of church representatives, the case was fabricated, and the search was conducted “for the purpose of planting evidence.”

“During the search, the officers asked the pastor to go outside and tell the church members who had come to see him not to disturb him. When he returned to the room, he saw on a shelf a Russian-language book titled ‘Modern Hypnosis’ that was not his,” community members say.

KNB officers confiscated two laptops, an external hard drive, about 150 discs containing Christian films and materials, about 20 Christian books, and the book “Modern Hypnosis.” Community membership cards containing personal data such as names, church attendance records, telephone numbers, and addresses were also seized.

During the search, Captain Galymzhan Zhumashev and his colleagues threatened the pastor. They suggested he “change his profession and leave Taraz for good if he doesn’t want problems,” community members told the human rights organization “Forum 18.”

When contacted by phone, Captain Galymzhan Zhumashev told a correspondent that he could not talk because he was driving and asked to be called back. All subsequent calls went unanswered.

Police conducted a raid on the “New Life” church on June 19 during a Sunday service held there. The reason given was a complaint from citizen Olesya Kotlyarova claiming she had recently suffered food poisoning after eating in the church’s canteen.

“These are outrageous and biased accusations against our church,” says one community member. “We merely rent this building; we do not serve food to people here.”

Department officials refused to comment on the case.

Pastor Yerzhan Ushanov personally delivered complaints to the head of the regional KNB department, Kayrat Baibakov, and to the regional prosecutor, Bagban Taimbetov, on June 28 and 29.

Deputy Prosecutor Yernat Sybankulov told “Forum 18” correspondents on July 4 that the complaints were under review and asked them to call back the following day. His secretary said on July 5 that he had left and would return in two days.

At the end of April and beginning of May, police raids targeted branches of the “New Life” church throughout Kazakhstan.

Maxim Maximov, senior pastor of the “New Life” church in Almaty, told “Forum 18” that this campaign was aimed at preventing the community from holding meetings.

In Aktobe, police officers who burst into a community meeting told those present that they were a “dangerous sect.” The pastor, his wife, and three young children were taken to a police station and subjected to questioning that lasted several hours.

In response to the subsequent complaint by the community, the city police department stated that the officers’ actions were “inappropriate and that a reprimand had been issued.”

In Aktau, police officers attempted to force the pastor to come to the police station to testify, but he refused.

In Kokshetau and Petropavlovsk, police tried to disrupt community meetings by intimidating the owners of premises rented by the community.
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On September 5, the final court hearing took place in the case against Erzhan Ushanov, pastor of the Christian Protestant church “New Life.” Alexander Kireev accused Erzhan Ushanov of praying for his healing and thereby causing serious harm to his health. In addition, Kireev, in a private prosecution, demanded that the pastor pay moral damages of about 70,000 dollars.

Earlier, on May 30, 2011, the wife of the accuser Kireev, Aigul Nauryzbekova, filed a complaint with the DKNB (National Security Committee) of the Republic of Kazakhstan for Zhambyl region. In her statement she indicated that her husband Alexander Kireev’s health had deteriorated as a result of attending worship services at the Christian Protestant church “New Life.” Questioned as a witness, the accuser Kireev’s wife Aigul Nauryzbekova could not give a concrete answer to the question of what was negative about the services.

Aigul Nauryzbekova, wife of accuser Alexander Kireev: “I was there (in the church) for just one day, and I didn’t like it. It went on for two and a half hours. They talked about God, sang songs about God. Well, I didn’t like it, that’s all.”

As it turned out, DKNB officers had been conducting covert video recording of “New Life” church services since 2009. The regional DKNB suspected Erzhan Ushanov of inciting religious hatred. According to DKNB officer Galymzhan Zhumashev, these suspicions were not confirmed.

Interestingly, Kireev began attending exactly the “New Life” church where the DKNB had earlier carried out covert filming. The question arises: was there any connection between Kireev and DKNB officers before his wife approached the DKNB? Law enforcement officers answer this question: “No.” But Erzhan Ushanov’s wife is convinced of the opposite.

Zulfiya Ushanova, wife of pastor Erzhan Ushanov: “I don’t know… it’s my opinion. Something links Kireev and the DKNB. Why, when they came home, they told my husband: ‘Relax, Erzhan. This criminal case, a 300,000 fine – nothing terrifying.’ Erzhan says: ‘I don’t have that kind of money. What am I supposed to pay for?’ And DKNB officer Zhumashev says: ‘I’ll pay for you.’ How can that be understood? If there’s no connection with Kireev, why is Zhumashev so concerned for Kireev?”

At one of the court hearings, DKNB officer Galymzhan Zhumashev admitted that the search had been illegal, because a search may be conducted only upon application to the prosecutor’s office by the injured person himself. Strangely, DKNB officer Zhumashev explained this by his own ignorance of the law. Moreover, during the search, DKNB personnel violated the requirements of the Criminal Procedure Code of the Republic of Kazakhstan. DKNB officers allegedly found the book “Modern Hypnosis” in the Ushanovs’ home. Erzhan Ushanov, however, is certain that the book was planted by DKNB workers because the practice of hypnosis directly contradicts Christian principles and, according to Christian doctrine, is forbidden. While the protocol was being drawn up, DKNB officer E. Uralbekov pressured Erzhan to renounce his Christian faith, violating the individual’s right to freedom of religion.

Zulfiya Ushanova, wife of pastor Erzhan Ushanov: “They didn’t give us the chance to call anyone, consult, or request legal advice from a lawyer – they allowed us nothing. They even took our phone and threatened us.”

Thus, a criminal case was opened against Erzhan Ushanov, pastor of the Christian Protestant church “New Life.” However, it was soon annulled as unlawful. Then Alexander Kireev filed a private complaint in court, as a result of which a criminal case was again opened against Erzhan Ushanov, pastor of the Christian Protestant church “New Life” in Taraz. In an effort to prove pastor Ushanov’s guilt, accuser Kireev underwent a forensic psychological and psychiatric examination.

However, according to Ilyas Adilbayev, defense counsel for the accused Ushanov, the examination was conducted improperly, since a number of the conclusions of the forensic psychological and psychiatric assessment were based solely on interviews with Kireev, his wife, and her friends. Medical documents about Kireev’s state of health before he attended the church were not examined.

Ilyas Adilbayev, member of the Association of Religious Associations of Kazakhstan (AROK), defender of E. Ushanov: “This conclusion is inadmissible as evidence for the following reasons: the examination was conducted in a biased manner, contains only the personal subjective assumptions of the experts without indicating results based on applied methods, and is based solely on Kireev’s own testimony. The examination did not identify a mental disorder taking into account the time of onset, did not identify personality traits prior to the illness, and I draw attention to the fact that the specifics of reacting to various everyday circumstances, in particular, were not examined. This circumstance, which is directly envisaged by the instruction, was not addressed by the examination.”

The forensic experts’ investigations were carried out without the participation of a religious expert. Ilyas Adilbayev is convinced that a comprehensive examination of Kireev was absolutely necessary.

Ilyas Adilbayev, member of the Association of Religious Organizations of Kazakhstan (AROK) and defender of E. Ushanov: “According to Article 241, a religious studies examination involving a specialist in psychology and religion was mandatory here, since this constitutes another circumstance that cannot be reliably established by other evidence. A comprehensive examination (Article 250) is appointed when establishing circumstances relevant to the case requires research based on different branches of knowledge. This does not refer specifically to medical fields, but to different branches of knowledge. In this case, these are medicine, religion, psychology, and other fields. And it is conducted by experts of various specialties within the limits of their competence. In my opinion, the examination was also carried out in violation of this norm. The comprehensive examination report must indicate what research each forensic expert conducted, to what extent, and the conclusions they reached. A psychiatrist was engaged in the forensic-medical examination, yet there is no description of his findings and no mention of his conclusions. Therefore, the examination was not comprehensive, and I believe it was conducted in violation of this instruction.”

It became clear that the conclusions of the forensic-medical examination were based solely on the psychological-psychiatric evaluation. The accuser Kireyev himself, as well as his primary medical documentation, were not presented. According to Ushanov’s defender Ilyas Adilbayev, this constitutes a violation of the norms of the Code of Criminal Procedure. Forensic medical expert Ramil Mashanlo could not state with one hundred percent certainty; he only allowed for the possibility that Kireyev’s mental disorder arose from attending the Protestant Christian church “New Life.” Forensic medical expert Akhmetov gave similar testimony.

According to Ushanov’s defender Ilyas Adilbayev, accusing a person of illegality or of conducting prayer and rites violates the rights of Ushanov and other citizens to freedom of religion and the free exercise of religious rites. The words “session,” “hypnosis,” “criminal activity,” and “destructive religious organization” offend religious feelings, sow religious enmity and intolerance, and contradict our state’s policy aimed at building a tolerant society of interfaith peace and harmony. This could generate social tension and negatively affect the country’s image as a whole.

Ilyas Adilbayev, member of the Association of Religious Organizations of Kazakhstan (AROK) and defender of E. Ushanov: “In the examination of the facts themselves, there is absolutely no evidence that someone supposedly experiences mass psychosis, that people fall down and cry. The video recording was not presented by the prosecution. Therefore, when Kireyev’s lawyer referred to the existence of a video recording, it had not been examined. I consider this reference to be incorrect. We believe that the charge itself is absurd, since a person is being accused who performed no actions that could even remotely foresee the possibility of causing harm (I would specify, through negligence), especially prayers for healing. Moreover, in its essence, it contains no hint of negative consequences and is based on a person’s personal faith. The arguments for Ushanov’s innocence are confirmed both by the evidence presented by Kireyev and by the defense.”

Judge Nurlan Daulbayev found the pastor of the “New Life” church, Yerzhan Ushanov, guilty and delivered a guilty verdict. In accordance with this, Yerzhan Ushanov must pay a fine of about 1,400 dollars.

Now, Yerzhan Ushanov’s defender, Ilyas Adilbayev, intends to appeal the court’s decision.

CNL-NEWS News Agency

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