Legal Report The apostle Paul urged Christians: “Keep in mind those in prison, as though you were imprisoned with them.” (Heb. 13:3) As Jehovah’s servants, we keep remembering our faithful brothers and sisters and pray concerning “all those who are in high positions, so that we may go on leading a calm and quiet life with complete godly devotion and seriousness.”—1 Tim. 2:1, 2, ftn.; Eph. 6:18. The following are some of the legal issues that Jehovah’s Witnesses have been dealing with during the past year: Our brothers in Russia continue “without letup teaching and declaring the good news” despite an ongoing campaign by the Russian Orthodox Church and some government officials to stop our activity. (Acts 5:42) Russian authorities persist in misapplying—to our publications and to our brothers individually—a vague law on extremism that they originally framed to counteract terrorism. As a result, Russian courts have declared that about 70 of our publications contain “extremist” expressions, and government officials have added these publications to a national list of banned extremist literature. On the basis of this alleged danger, some local authorities raid Kingdom Halls and the homes of our brothers in order to find the publications. Police detain, photograph, and fingerprint many Witnesses for engaging in the ministry. They often attempt to intimidate our brothers while holding them at the police station. Beginning May 2013, sixteen brothers and sisters in the city of Taganrog stood trial for organizing, attending, and participating in Christian meetings and engaging in the preaching work. This is the first time since the fall of the Soviet Union that Witnesses are facing criminal charges for practicing their faith. Authorities elsewhere in Russia are trying to get the courts to declare our literature “extremist” and to charge our brothers as criminals guilty of religious hatred. Conditions for our brothers and sisters in Eritrea have not improved. As of July 2013, there were 52 in prison, including eight brothers who are at least 70 years of age, as well as six sisters. Three brothers, Paulos Eyassu, Isaac Mogos, and Negede Teklemariam, have been in prison since September 24, 1994, for their neutral stand on military service. Over half of those imprisoned are in the Meiter prison camp, located in the desert north of the capital, Asmara. From October 2011 to August 2012, the authorities punished 25 of our brothers by putting them in a corrugated metal building half-buried in the ground. In the summer months, the guards let the prisoners out during the day to escape the building’s intense heat. However, they receive inadequate food and insufficient water, so the brothers’ health suffers greatly. Sadly, Yohannes Haile, a 68-year-old brother, died in August 2012 because of this mistreatment, as did Brother Misghina Gebretinsae in 2011. Conscientious Objection to Nonneutral Service Based on Isaiah 2:4 and John 18:36. ARMENIA The European Court of Human Rights (ECHR) rendered a favorable judgment on November 27, 2012, in the case of Khachatryan and Others v. Armenia. The government had brought unlawful criminal proceedings against 17 Witnesses for refusing to perform alternative civilian service under the control of the military. Armenia has paid compensation as well as legal expenses to the victims of this unlawful action. Despite the favorable ruling in Khachatryan and the earlier landmark judgment in Bayatyan v. Armenia, as well as subsequent ECHR judgments, the Armenian government continued to prosecute and convict young Witness conscientious objectors. However, on June 8, 2013, the government passed amendments to the Alternative Service Law that seem to eliminate military control and supervision of alternative service. All imprisoned Witness conscientious objectors were released by November 12, 2013, and young Witness men who apply for alternative service are having their applications granted. SOUTH KOREA As of October 31, 2013, there were 602 brothers in prison. Since 1950, authorities in South Korea have sentenced 17,605 of Jehovah’s Witnesses to a total of 34,184 years in prison for conscientiously refusing to perform military service. Until recently, many imprisoned Witnesses shared prison cells with criminals, even serious offenders. However, a delegation of brothers called on the chief of the Korea Correctional Service to ask prison administrations to separate our brothers from other prisoners. Prison authorities acted promptly and separated the majority of our brothers from criminals, so that by April 2013, at least 75 percent of the imprisoned brothers were four or five brothers to a cell. What impact has this change had on our brothers? “We are away from such negative influences as immorality and abusive speech,” said one brother. Another said, “Now we have an interchange of encouragement and can hold all five meetings each week.” In the meantime, 56 men who were discharged from military service into the reserve forces and who later became Witnesses are being repeatedly prosecuted, fined, and detained for objecting to military training call-ups. Since they receive several call-ups a year for up to eight years, the ongoing injustice is particularly difficult to deal with. SINGAPORE Despite repeated requests to perform alternative civilian service, 12 brothers are being held in the Armed Forces Detention Barracks, each serving a 39-month prison sentence. Another brother is serving a year in prison for declining reserve military duty. TURKMENISTAN Nine male Witnesses imprisoned as conscientious objectors are serving prison sentences of 18 months to two years and often face merciless beatings by prison guards and soldiers. When these Witnesses are released, the authorities often prosecute them again as “repeat offenders” and place them on a stricter prison regimen. Advocates for ten Witnesses who have refused to do military service have filed complaints with the United Nations Human Rights Committee. Conscientious Objection to Patriotic Ceremonies Based on Daniel 3:16-18. TANZANIA The Court of Appeal at Dar es Salaam, Tanzania’s highest court, unanimously found impermissible the actions of a school board that expelled five students and suspended another 122 for refusing to sing the national anthem. In a decision published July 12, 2013, the court recognized the genuineness of the faith of the Witness students and their constitutional right to have their freedom of conscience and religion protected. The determination of these young ones to remain loyal to God resulted in a victory that upholds Jehovah’s name and our freedom of worship in Tanzania. Freedom of Expression Based on Acts 4:19, 20. KAZAKHSTAN An “expert study” conducted by the Regional Department of Religious Affairs declared a number of our publications “extremist,” alleging that they incite social and religious discord. On April 6, 2013, police in the city of Karabalyk seized literature during an unauthorized raid of a congregation meeting held in a private home. On July 3, 2013, the Astana Economic Court upheld a decision to ban ten of our publications, thus continuing to censor and restrict the importation of our literature. Further, in December 2012, state officials commenced a series of arrests and convicted our brothers for so-called illegal missionary activity. On March 28, 2013, the Agency for Religious Affairs directed the Regional Religious Center of Jehovah’s Witnesses to inform Jehovah’s Witnesses in Kazakhstan that it is illegal to preach outside their registered places of worship. As of July 2013, authorities have initiated cases against 21 of our brothers and sisters. Freedom of Assembly and Association Based on Hebrews 10:24, 25. AZERBAIJAN In January 2010 the State Committee for Work with Religious Associations refused to reregister the Religious Community of Jehovah’s Witnesses because of alleged technical flaws in the application. Despite numerous attempts by Jehovah’s Witnesses to rectify the alleged deficiencies, the authorities continue to refuse reregistration. On July 31, 2012, our brothers brought this case to the attention of the ECHR, claiming that the government violated our freedom of religion when, without legal basis, it refused to grant reregistration as a religious association. Without reregistration, our brothers do not have the benefits of full legal status. Liberty and Security of Person and Property Based on Philippians 1:7. UKRAINE Although the Witnesses enjoy freedom of worship in Ukraine, physical assaults, arson, and acts of vandalism on Kingdom Halls have been perpetrated against them. Law enforcement agencies do not effectively investigate and prosecute these incidents. It is not surprising that this gives opposers a sense of impunity. Hence, our brothers have experienced an increase in criminal acts against them in 2012 and 2013. The 5 reported incidents of vandalism and arson in 2010 grew to 15 in 2011, 50 in 2012, and through the first five months of 2013, there were 23 incidents. The branch office is taking these injustices to the United Nations Human Rights Committee. Right to Self-Determination Based on Acts 5:29 and Acts 15:28, 29. ARGENTINA In the spring of 2012, Pablo Albarracini, an innocent bystander during an attempted robbery, suffered multiple gunshot wounds and was unconscious when he was rushed to the hospital. He had previously signed a durable power of attorney in which he refused treatment that involves the use of blood products. Although the hospital was willing to respect his clear decision, a non-Witness family member attempted to obtain a court order to transfuse Brother Albarracini, arguing that a blood transfusion was necessary to save his life. However, Argentina’s Supreme Court ruled in favor of Brother Albarracini, respecting his right to direct his medical care even while he was in an unconscious state. He did not receive a blood transfusion and recovered fully from his ordeal. He was grateful that Jehovah helped him to keep his integrity on this important issue. Victims of Religious Discrimination Based on Luke 21:12-17. KYRGYZSTAN On April 16, 2013, a court made a favorable ruling in behalf of our brothers in Toktogul, where a Kingdom Hall was destroyed twice by local residents. The court convicted the perpetrators and ordered them to pay compensation. Prosecution of those chiefly responsible for the first attack is under way, giving hope that problems in that area will end. In the meantime, the congregations will rebuild the Kingdom Hall. Kyrgyzstan: This Kingdom Hall was destroyed twice by local residents Outstanding Legal Victories The issue: Must a religious group obtain permission to hold conventions and congregation meetings? The decision: On December 5, 2012, the Constitutional Court of the Russian Federation affirmed that the Russian Constitution guarantees freedom of religion and ruled that our brothers may hold religious meetings without giving prior notice or getting permission from the authorities. The issue: Do citizens have the right to privacy of personal medical records? Background: In 2007 a deputy city prosecutor in St. Petersburg, Russia, ordered all medical institutions in the city to forward every refusal of blood transfusions by Jehovah’s Witnesses to the prosecutor’s office—but without notifying the patient. When Russian courts failed to uphold the patients’ right to privacy, the brothers made application to the European Court of Human Rights (ECHR). The decision: On June 6, 2013, the ECHR ruled that the prosecutor’s order violated fundamental privacy rights and confirmed that there existed no “relevant or sufficient reasons” for disclosing private information to public officials. The decision was final as of October 7, when the Grand Chamber of the ECHR rejected Russia’s request for referral.—Avilkina and Others v. Russia. Updating Previous Yearbook Legal Reports The government of France has complied with the settlement ordered by the ECHR on July 5, 2012, in a case of unjust taxation. The government has repaid the previously confiscated money with interest, as well as legal expenses, and has removed all liens on the branch property.—2013 Yearbook, page 34. Jehovah’s Witnesses in India continue to experience opposition in different parts of the country. However, they have not been detained or had to face false charges as in the past. Currently, there are about 20 pending cases of litigation to redress the wrongs committed against our brothers.—2013 Yearbook, page 35.
Posted on: Thu, 29 May 2014 14:55:42 +0000
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