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Wednesday 7 October
LUTHERAN MISSION IN KHAKASSIA DEPRIVED OF REGISTRATION
By Tatyana Titova, Keston News Service
As Keston News Service has already reported, the persecution of
the Lutherans in Khakassia by the local procurator has not
stopped. The community led by PASTOR PAVEL ZAYAKIN has already
suffered many attacks. On 3 June Keston News Service reported on
the court examination being prepared for July. The court rejected
the procurator's demands that the community cease its
distribution of religious literature, that its educational and
other programmes be suppressed and that its foreign contacts be
halted. Nevertheless, the subsequent court session went ahead two
months later and ruled that the community be deprived of
registration.
The procurator of Shira district read a statement to the court
calling for points 4-9 of Article 3, Article 8, points 2 and 4
of Article 14, and Article 21 of the statute (`Ustav') of the
Evangelical-Lutheran Mission of the village of Tuim to be ruled
invalid. He argued that `in accordance with point 3 of Article
27 of the Federal law of 26 September 1997 on freedom of
conscience and religious organisations, statutes and other
founding documents of religious organisations established before
the entry into force of the current Law are valid only in those
parts that do not contradict the Law.' The procurator argued that
the points of the Lutherans' statute he cited contradicted the
1997 law as the community did not have documents proving their
existence on the given territory for at least 15 years.
In reply, the representative of the community, V.N. NOSOV,
presented two documents signed by the head of the administration
of the town of Borets and the head of the administration of the
Shira district declaring that the religious organisations had
existed in the town of Borets and in the district since 1972.
Countering the procurator's assertion that the community was
registered as a juridical person only in 1978 and that therefore
the documents had no legal validity, Nosov explained that until
the adoption of the 1990 law on freedom of religious confession,
if registration of religious organisations took place at all it
was only unofficially by the organs of the KGB. Therefore he
doubted whether even the Orthodox Church could provide such
registration documents. The presence of communities of Lutherans
was clearly linked to the resettlement there of a large number
of Volga Germans during the Second World War.
Having heard the arguments of the procurator and the
representative of the Lutheran community and having reviewed the
documents presented, the court ruled: `The application by the
procurator of Shira district to recognise as invalid points 4-9
of Article 3, Article 8, points 2 and 4 of Article 14, and
Article 21 of the statute of the Evangelical-Lutheran Mission of
the village of Tuim is REJECTED.'
However, it was not time for the community to celebrate a
victory. On 10 September Pastor Zayakin received a summons to
appear on 15 September at the Supreme Court of the Republic of
Khakassia `for a conversation'. It was not until Pastor Zayakin
presented himself on that date that it emerged that the procuracy
of the Republic of Khakassia had again filed a suit to have the
state registration of the Lutheran Mission declared invalid.
The regular court session took place on 22 September and ruled
that the registration of the mission was invalid.
An appeal is to be launched to the Supreme Arbitration Court of
the Russian Federation, the court of highest instance. The case
is likely to be heard in two or three months.
Pastor Zayakin told Keston News Service in a telephone
conversation on 24 September that this time the procuracy
contested the central provision of the Evangelical-Lutheran
Mission statute, claiming that 7 of the 10 founders of the
community were not Lutherans. This conclusion was based on
statements which were extracted from members of the parish in the
presence of a policeman and an officer of the Federal Security
Service. 'We said that this was a question of a person's
conscience, in accordance with the constitution. They asked
during the hearing: "What is your confession?". One witness went
pale and fainted, and I was not even allowed to help him.
Witnesses declared: "We will not reply, as it is our own personal
business." The plenipotentiary for religious affairs, NIKOLAI
STEPANOVICH VOLKOV, declared that the Americans were paying us
a wage. People in the court were saying that they had been put
under such pressure that they were afraid. But the judges did not
seem to pay any attention to this.'
Zayakin summed up the feelings of the Lutheran community in the
wake of the court ruling. `We have 100 people, many of them
children. I simply cannot explain in words how painful it is for
us. It is such a trampling of our freedoms and rights! We told
the people: "Don't be afraid. You have the right to choose any
faith."' (END)
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