MINELRES: Arbitrary detention of Muslim leader in Moldova

[MINELRES moderator]

Original sender: Serghei Ostaf <sostaf@credo.mldnet.com>


Talgat Masaev had been released from 5 hours arbitrary detention by
Criminal police in relation to the links to "Calauza" charity
association of Muslim followers and "Spiritual Council of Muslims" �
Muslim religion
organization.

Message 1 (27.07.02) : 

Leader of local Muslim organization detained on charges of terrorism
threatening with expulsion from Moldova

Talgat Masaev, Moldovan citizen, leader of the Spiritual Council of
Muslims of Moldova, religion repeatedly denied registration by the
Government of Moldova had been detained on 27 July 2002 (Saturday),
14.00. Talgat Masaev had been detained by two police officers
presenting themselves Criminal Police Section of the Minister of
Interior who came with car license-plate CJE885 (blue) in his home
residence in Razeni, Ialoveni. One of the police officers presented
himself Banzari had threatened Masaev that if he refuses he would be
taken in by force and that he is investigated under the allegations of
illegal keep of armament in the mosque of the Spiritual Council of
Muslims. Officer mentioned links of the Council with the persons
originating from Chechnya. Masaev had been detained for interrogation
for 3 hours also on 26 of July 2002 in the offices of Criminal Police
of Chisinau being threatened and subjected to psychological harassment
to give up supporting the "Calauza" association and eventually the
registration of "Spiritual Council of Muslims".

Message 2 (28.07.02):

Police beaten two members and seized operations of "Calauza" �
association founded by a group of Muslim
followers in Moldova.

1. On 25 July 2002 police officer Veaceslav Banzari of Criminal Police
of Ministry of Interior requested Talgat Masaev to come to Ministry
office on 26 July (Friday) at 16.00 for a conversation with the chief
of section. Masaev showed in at the requested time where he also saw
the director of recreation passionate "Floricica" where "Calauza"
association held in June 2001 a summer camp on studying of Koran. 

2. Masaev had been deprived of his identification documents and had
been formally given many questions with regard of functioning of
non-governmental association �Calauza�. He is not the member of the
organization but an active member of the group. He had been forced
into saying who was the president of association (Rustam Ahsamov) and
other details about the activity of the organization. Masaev had been
forced to confess under threat. 

3. On 27 July, 2002 Saturday Ahsamov called in Masaev saying he had
been invited by the police and later taken in from his house against
his will and without the any legal order to do so. 

4. Same day at 12.30 Veaceslav Banzari, the criminal police officer
called Masaev that he comes urgently to the Ministry at 15.00. Masaev
refused saying he had to stay with his children and take of his ill
wife and can make it only next day. 

5. Same day at 14.00, V. Banzari and another policeman arrived at
Masaev's house in Razeni asking him to follow them at the Ministry. On
the way to Chisinau two policemen kept asking "who is responsible for
organizing and functioning of Calauza". Masaev had been threatened and
forced to say who are the other members of the organization.

6. Another two member of "Calauza" organization had been detained
shortly. 

7. Masaev had been brought to the Ministry, main building, searched.
When asked weather he was detained or what were the accusations he had
been given no answer only the threat if asking too many questions.
Masaev and the others had been forced to write the explanations of
what he and the other had been doing on particular days. The other two
detained were beaten severely. 

8. The other two members were beaten as our sources indicate. The
three detained were interrogated on the activities of the
organization, their links with Muslim terrorist networks (Bin Laden
mentioned as well). The organization documents were seized. 

9. The three members were filmed. The three were released after around
19.00 the same day. No explanations were given only that the detention
is provided by the art. 43 of Penal procedure Code and Law on Police.
(Art. 43 of the mentioned law states only the role of the defense
lawyer from the time of accusation or the moment of interrogation). 
 

Background on the case on registration of "Spiritual Council of
Muslims" as a religion:

Talgat Masaev had been complaining that on many occasions police
brutally intervene in the religious services in the middle of the
practices; undertake searches of private places where the services are
held. The Council had been seeking registration since 1999 and the
court hearings had been already taken place for couple of years. 

The State Religious Service (central authority reporting directly to
the Government of Moldova) had refused repeatedly to register the
Spiritual Council of Muslims. On September 18, 2000, Gh. Armasu the
head of the State Religious Service refused registration of the
Spiritual Council of Muslims on the grounds that "97% of population of
Moldova is Christians", "foreign citizens and persons without
citizenship temporary residing in Moldova are guaranteed religious
freedom without granting their association a juridical person". After
Muslims Council leadership was reorganized to include only citizens of
Moldova, the State Religious Service refused registration on the
grounds that "majority of persons belonging to the council are foreign
citizens" that allows according to art. 22(1) the Government of
Moldova to deny the registration. On 12 February 2001 Court of Appeal
ruled only on one of three claims stating that the Government of
Moldova to "respond to the petition
lodged by the Spiritual Council of Muslims". The ruling stated no
terms for response or the essence of the ruling. The Spiritual Council
of Muslims claimed that the Government gives the response in essence
to the petition on registration within time limits provided,
"recognize" the statute of the Spiritual Council of Muslims and repair
the moral prejudices resulted from the refusal. The Spiritual Council
of Muslims lodged an appeal with the Supreme Court of Justice on 30
May 2001 decided to send the case for re-examination in the to Court
of appeal. The Supreme Court of Justice did not explain the reasons
for re-examination nor did it dwell on the other requests. On 08
October 2001, Court of Appeal in a repeated examination of the case
dismissed the case and did not examine stating that the decision of
the Government of Moldova (a political body) cannot be contested in
the court of law. The Council appealed again the decision to Supreme
Court of Justice that later denied the appeal. The Council lodged
complains with the European Court of Human Rights. Consequently, the
Council lodged new requests for the registration and on both case
received denies on the grounds that the law on religions is being
amended.