E/CN.4/2006/5/Add.1
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-Decision of Aktobe city court dated 12 March 2003 in connection with an
offence contrary to article 375, paragraph 1, of the Code of Administrative
Offences (fined 4,360 tenge, three-month suspension of the activities of the
association);
-Decision of Aktobe city court dated 25 September 2003 in connection with
an offence contrary to article 375, paragraph 1, of the Code of Administrative
Offences (fined 8,720 tenge, six-month suspension of the activities of the
association).
228.
These judicial decisions were not reviewed by way of appeal or supervision.
The Government noted that no administrative measures have been taken against Mr.
Kliver under article 525 of the Code of Administrative Offences.
229.
The Taraz procurator’s office instituted proceedings against Mr. Petr F.
Panafidin, the leader of the local congregation of the Evangelical Christian/Baptist
Church, in connection with an administrative offence contrary to article 375,
paragraph 1, of the Code of Administrative Offences of the Republic of Kazakhstan
(carrying on activities without registering with the Ministry of Justice).
230.
By its decision of 15 April 2003, Taraz city court ruled that Mr. Panafidin
had committed an administrative offence contrary to the aforesaid article of the Code,
and cautioned him. In spite of this, Mr. Panafidin took no steps to register the
religious association with the Justice Department and persisted in carrying on his
unlawful activity. Accordingly, on 23 March 2004 the Taraz procurator’s office once
again instituted proceedings against him in connection with an administrative offence
contrary to article 375, paragraph 1, of the Code and referred the case to the courts.
By its decision of 6 May 2004, Taraz city court ruled that Mr. Panafidin had
committed the said administrative offence and fined him 1,838 tenge.
231.
Mr. Panafidin did not challenge the court’s decision in appeal or supervisory
proceedings.
232.
Thus, the Government stated that administrative proceedings were correctly
brought against the above -mentioned individuals for flouting the provisions of the
Religious Freedom and Religious Associations Act. Religious freedom and the
separation of church and State are guaranteed by Kazakh law. The cardinal points in
State policy towards religious associations are consistency and a balanced approach as
regards relations between different faiths, equal rights for all religions, tolerance, and
the prohibition of lobbying in the interests of a particular religion.
233.
Meanwhile, the activities of unregistered religious associations are becoming
a serious problem. Many of these associations are operating under the guise of
schools, healthy lifestyle groups, and religious educational and commercial
organizations. They have a significant impact on the overall religious situation and
have the potential to undermine the established yet fragile network of
interdenominational relations in Kazakhstan. Accordingly, the relevant State agencies
are obliged to monitor compliance with the laws and regulations on the activities of