Wednesday, March 21, 2012

Note 4. Felix Corley about Bhagavad Gita Trial


Source:
RUSSIA: "I've never encountered the practice of destroying religious literature before"
By Felix Corley, Forum 18
21 March 2012

Tomsk appeal victory for Hare Krishna community

Human rights defenders and Russia's Hare Krishna community have welcomed the 21 March decision by Tomsk Regional Court to reject prosecutors' appeal against the lower court decision to have the third Russian edition of The Bhagavad-gita As It Is declared extremist. The work – a translation of and commentary on the ancient Sanskrit text by Swami Prabhupada, founder of the International Society for Krishna Consciousness – is a fundamental text for the Hare Krishna community. They feared that if the work was declared "extremist", bans on their communities might follow.

In December 2011, amid widespread Indian outrage, Russia's Ambassador to India Aleksandr Kadakin described those seeking to ban the work as "madmen". On 28 December 2011, Tomsk's Lenin District Court rejected the prosecutor's suit.

The prosecutors' appeal against the December 2011 ruling was heard on 20 and 21 March by a panel of three judges led by Larisa Shkolyar at Tomsk Regional Court. Yelena Selezneva from the Regional Prosecutor's Office insisted to the court that all the "expert analyses" from Kemerovo and Tomsk "without exception" consider that the book contains extremist statements, local observer Nikolai Karpitsky, who attended the hearing, noted.

Marina Osipova of the Tomsk City Prosecutor's Office insisted to the Court that not the Bhagavad-gita per se but Swami Prabhupada's comments were under question. Karpitsky dismissed such claims – previously made by Russia's Foreign Ministry and General Prosecutor's Office – as "an attempt to misinform those present".

The ruling rejecting the prosecutors' appeal was met by applause in the court, Russia's Hare Krishna community declared. "I believe the decision is just and sensible," their lawyer Aleksandr Shakhov noted after the hearing. "I applaud both the Tomsk District and Regional Courts."

Will Tomsk prosecutors appeal?

Officials of Tomsk City Prosecutor's Office refused to put Forum 18 through on 21 March to its head, Viktor Fedotov, to Osipova who had led the case in both hearings, or anyone else.

Tomsk Regional Prosecutor's Office will decide whether to appeal against the latest decision only once the Regional Court has issued its full decision in writing, spokesperson Svetlana Krimskaya told Forum 18 from the Prosecutor's Office after the court hearing had concluded.

Krimskaya declined to comment on how the FSB – which did the preparatory work for the suit to be lodged – will react and whether it will instruct prosecutors on any next move. She also declined to comment on Ambassador Kadakin's characterisation of those seeking to ban The Bhagavad-gita As It Is as "madmen". "We work exclusively within the terms of the law," she insisted to Forum 18.

The telephone went unanswered at the Tomsk Regional FSB's press office. Forum 18 was thus unable to ask why it had intervened in the way local newspaper Tomskaya Nedelya had covered the case.

On 16 March, the paper ran an article by local journalist Zinaida Kunitsyna entitled "How did Tomsk become the centre of a worldwide scandal?", criticising the case to ban the book. The same issue of the paper also ran an anonymous commentary defending the case which was billed as "the Viewpoint of the Law Enforcement Agencies".

Tomskaya Nedelya's editor, Nikolai Grigoryev, told Forum 18 on 20 March that before the issue was published, Rustam Kamarov of the FSB press office had telephoned and visited his office to warn the paper not to run Kunitsyna's article. In discussion, Grigoryev insisted that they would run the article, but agreed to publish the view of the FSB alongside. "We did what we thought was reasonable," Grigoryev told Forum 18. "We ran one article in favour of the case and one against. They can't now complain as their viewpoint was heard."