UNITED
NATIONS
General
Distr.
Assembly
GENERAL
A/FIRCI7I1O/Add. 1
28 February 2008
ENGLISH!FRENCHISPANISH
HUMAN RIGHTS COUNCIL
Seventh session
Agenda Item 3
PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS,
CIVIL, POLITICAL, ECONOMIC, SOCIAL AND CULTURAL
RIGHTS, INCLUDING THE RIGHT TO DEVELOPMENT
Report of the Special Rapporteur on freedom of religion or belief,
Asma Jahangir
Addendum
Summary of cases transmitted to Governments and replies received * **
* The present document is being circulated in the languages of submission only as it greatly exceeds the word
limitations currently imposed by the relevant General Assembly resolutions.
The present report was submitted later than the indicated deadline, in order to incorporate the latest available
information on the subject matter.
A
GE.08-1 1228
AIHRC/7/10/Add. 1
page 2
CONTENTS
Paragraphs Page
Introduction 1 - 3 4
SUMMARY OF CASES TRANSMITTED AND REPLIES RECEIVED 4- 325 5
Australia 4 - 10 5
Cambodia 11 - 20 6
China 21 - 78 9
Egypt 79 - 88 22
Eritrea 89-95 24
Guatemala 96 - 99 26
India 100- 104 26
Indonesia 105- 115 28
Islamic Republic of Iran 116- 129 30
Iraq 130- 136 33
Jordan 137- 139 34
Kazakhstan 140 - 147 35
Libya 148 - 154 36
Malaysia 155 - 173 38
Morocco 174- 177 43
Myanmar 178- 189 44
Nigeria 190- 191 46
Pakistan 192- 211 46
Philippines 212-218 50
Romania 219-221 52
Russian Federation 222 - 233 53
Saudi Arabia 234-240 55
Sri Lanka 241-244 57
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Paragraphs Page
Tajikistan . 245 - 249 58
Turkmenistan 250-254 59
Turkey 255-263 60
United Kingdom 264 - 274 62
United States of America 275 - 284 64
Uzbekistan 285 - 292 66
Vietnam 293-319 68
Yemen 320-325 73
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INTRODUCTION
This report gives an account of communications transmitted by the Special Rapporteur on
freedom of religion or belief between 1 December 2006 and 30 November 2007. It also contains
the replies received from Governments to her communications by 30 January 2008, as well as
observations of the Special Rapporteur where considered appropriate. Many of these observations
refer to the framework for communications (see E/CN.4/2006/5, Annex and AIHRC/6/5). The
various categories are as follows:
I. Freedom of religion or belief
1. Freedom to adopt, change or renounce a religion or belief
2. Freedom from coercion
3. The right to manifest one's religion or belief
a) Freedom to worship
b) Places of worship
c) Religious symbols
d) Observance of holidays and days of rest
e) Appointing clergy
f) Teaching and disseminating materials (including missionary activity)
g) The right of parents to ensure the religious and moral education of their
children
h) Registration
i) Communicate with individuals and communities on religious matters at the
national and international level
j) Establish and maintain charitable and humanitarian institutions/solicit and
receive funding
k) Conscientious objection
II. Discrimination
1. Discrimination on the basis of religion or belief/inter-religious discrimination/tolerance
2. State religion
III. Vulnerable groups
1. Women
2. Persons deprived of their liberty
3. Refugees
4. Children
5. Minorities
6. Migrant workers
IV. Intersection of freedom of religion or belief with other human rights
1. Freedom of expression including questions related to religious conflicts, religious
intolerance and extremism
2. Right to life, right to liberty
3. Prohibition on torture and other cruel, inhuman or degrading treatment or punishment
V. Cross-cutting issues
1. Derogation
2. Limitation
3. Legislative issues
4. Defenders of freedom of religion or belief and non-governmental organizations.
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2. The Special Rapporteur has developed this framework for communications into an online
digest, which illustrates the international standards with pertinent excerpts of the mandate-
holders' findings since 1986 according to the categories of the framework for communications.
The online digest is available on the website of the Office of the High Commissioner for Human
Rights ).
3. Owing to restrictions on the length of documents, the Special Rapporteur has been
obliged to summarize the communications sent and received. As a result, replies from
Governments could not be published in their entirety. The names of alleged victims are reflected
in this report, although exceptions may be made in relation to children and other victims of
violence in relation to whom publication would be problematic.
SUMMARY OF CASES TRANSMITTED AND REPLIES RECEIVED
Australia
Communication sent on 1 November 2007 jointly with the Special Rapporteur on the
situation of human rights and fundamental freedoms of indigenous people
4. The Special Rapporteurs brought to the attention of the Government information they had
received concerning the possible imminent destruction of a sacred indigenous rock art complex
situated in the Burrup Peninsula, Dampier Archipelago. The Dampier rock art and stone complex
is reportedly one of the world's largest concentrations of indigenous art and houses hundreds of
sacred sites for indigenous peoples, comprising at least 600,000 petroglyphs. The site has a deep
spiritual significance for the Ngarlumas and Western Ngarlumas (or Wong-Goo-Tt-Oo), and it is
still being used by the local indigenous communities for spiritual ceremonies and healing
practices.
5. According to the reports, in 1963, the Dampier Archipelago was selected as a site for a
harbor and industrial complex, leading to a first wave of destruction of the Dampier art complex.
After a brief suspension, industrial operations were resumed in 2001, leading to further
destruction of rock art. According to the information received, 24.4% of the original art was
reported to have been lost due to the construction of industrial sites. This includes the physical
destruction of the rock art complex to leave way to the construction of the industrial plants, as
well as the erosion of remaining art as a result of the acid rain caused by the emissions of these
plants. Other rock art has been reportedly relocated to temporary holding areas and consequently,
some of it has been irreversibly damaged. It is alleged that the removal of the rock art from the
original sites has the same effect as physical destruction from the perspective of the local
indigenous communities, as, to them, the rock art and the site are both sacred and inextricably
linked, and their separation involves the destruction of their spiritual essence.
6. According to the reports, the company Woodside Energy, in conjunction with Tokyo Gas
Co. Ltd. and Kansai Electric Power Co. Inc., was planning to build a new plant, the Pluto LNG
Project, to explore off shore natural gas field. The construction of the new plant affects the sites
“A” and “B” of the Dampier complex. It was reported that the Ngarluma and Western Ngaluma
(Wong-Goo-Tt-Oo) local communities had not been duly consulted with regard to the new
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industrial project, and that they had consistently opposed any further destruction of the sacred
sites at the Dampier complex.
7. On 5 February 2007, the Woodside Company started the physical construction of the plant
in site A, involving the destruction of rock art and stone arrangements, as well as the removal and
packing of petroglyph boulders. On 7 February 2007, the Ngarluma community reportedly held a
meeting with representatives of the Minister for Aboriginal Affairs in Karratha, in which they
stated their opposition to further destruction of the Dampier site. The community has reportedly
refused to accept compensation in exchange for further destruction of the sacred site. On 9 July
2007, the Environmental Protection Authority (EPA) rejected the application to build the Pluto
plant at the site B of Dampier, citing the negative impact of the planned industrial operation in
threatened and migratory species, ecological communities and marine environment. The EPA's
decision was subsequently overruled by the State Minister of the Environment. On 4 September
2007, the Western Ngarluma (Wong-000-Tt-Oo) reportedly lodged an application under the
Commonwealth Aboriginal and Tones Strait Islander Heritage Protection Act before the Federal
Environment Minister in order to prevent the further destruction of rock art. On 12 October 2007,
the Federal Minister of the Environment gave its final approval to the project, thus paving the
way for the immediate commencement of construction works at site B.
8. It was alleged that the new construction works at site B of Dampier would result in the
physical destruction or removal of an estimate of 200 art works with spiritual and religious
significance for the Ngarluma and Western Ngaluma (Wong-Goo-Tt-Oo) peoples. It was also
alleged that the operation of the new plant would contribute to the acidification of the
atmospheric environment, contributing to the rapid erosion of the remaining art.
Preliminary response from the Government dated 30 January 2008
9. The Australian Government informed that it is finalizing its response and regrets the delay,
which is due to the time required for appropriate consultation with the State of Western Australia
and all relevant federal agencies. The Australian Government will endeavour to transmit the
response to the question as soon as possible.
Observations
10. The Special Rapporteur is grateful for the Government's preliminary response and looks
forward to receiving the full response. She would like to refer to her predecessor's report after his
country visit to Australia (see E/CN.4/1998/6/Add. 1, para. 77): “The land and sacred sites hold a
fundamental significance for the Aboriginals, insofar as their beliefs are identified with the land.
A basic question is therefore the recognition of an Aboriginal religion intrinsically related to the
land within the framework of an Australian society essentially based on Judeo-Christian and
western values. In the view of the Aboriginals, maintaining the integrity of the land takes on a
religious dimension, which therefore has to be preserved.”
Cambodia
Communication sent on 2 August 2007 jointly with the Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression and the Special
Representative of the Secretary-General on the situation of human rights defenders
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11. The Special Procedures mandate holders brought to the attention of the Government
information they had received according to which, on 8 June 2007, the Ministry of Cult and
Religion and the Buddhist patriarch Non Nget issued a directive, which forbids all monks living
in the Kingdom of Cambodia from organizing or participating in any demonstration or strike or
carrying out Buddhist marches that affect public order. The decision also bars monks from
providing false information which may affect Buddhist religion. The directive states that monks
who do not respect the instructions strictly will be punished in accordance to Buddhist norms and
national law. The directive was adopted after Khmer Kampuchea Krom monks carried out a
series of peaceful demonstrations in Phnom Penh in February and April 2007 to advocate for the
protection of the rights of the Khmer Krom, particularly in Vietnam following the alleged
defrocking and arrest of five Kampuchea Krom monks in that country. It has been reported that
the monks who were defrocked and arrested in Vietnam were sentenced to 2-4 years of
imprisonment for disturbing traffic when they organized demonstrations to advocate for the
religious and cultural rights of the Khmer Krom in Vietnam to be respected. It is feared that the
Cambodian authorities will use the directive of 8 June 2007 to prevent monks from continuing to
carry out their peaceful protests in defence of human rights and to crack down on them if they go
ahead. Allegedly the directive is specifically aimed at restricting the activities of Khmer
Kampuchea Krom monks who protest regularly and who were under particular focus at the time
because of their activities in Vietnam.
Observations
12. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She would like to refer to her framework for
communications, more specifically to the international human rights norms and to the mandate
practice concerning the “Intersection of freedom of religion or belief with other human rights”
(see above para. 1, category IV.), especially the right to freedom of opinion and expression.
Furthermore, the Commission on Human Rights in its resolution 2005/40 “welcomes and
encourages the continuing efforts of non-governmental organizations and bodies and groups
based on religion or belief to promote the implementation of the Declaration on the Elimination
of All Forms of Discrimination Based on Religion or Belief, and further encourages their work in
promoting freedom of religion or belief and in highlighting cases of religious intolerance,
discrimination and persecution”.
Communication sent on 30 November 2007 jointly with the Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression and the Special
Representative of the Secretary-General on the situation of human rights defenders
13. The Special Procedures mandate holders brought to the attention of the Government
information they had received concerning the situation of Mr. Tim Sa Khorn, a member of the
Khmer Krom community. Mr Sa Khorn acquired Cambodian citizenship after he moved to and
settled down in 1979 in the commune of Phnom Denh in Kirivong District in Takeo Province
because of acts of harassment against him. According to the information received, Mr. Sa Khorn
was appointed as chief monk of North Phnom Denh temple in 2002. On 16 June 2007, Supreme
Patriarch Tep Vong issued a religious decree in both Cambodian and Vietnamese languages to
defrock Mr Sa Khorn, accusing him of conducting activities that were harmful to the Cambodia-
Vietnam friendship. Subsequently, the Vietnamese authorities allegedly circulated this decree to
Khmer Krom Buddhist temples. On 3 July 2007, a spokesperson of the Cambodian Minister of
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Foreign Affairs declared that Mr. Sa Khorn “had returned to Vietnam” after reportedly being
summoned to the office of the religious head of the Takeo Province in Cambodia and being
forced to enter a car. On 2 August 2007, Vietnamese authorities announced that he had been
arrested for having illegally entered the country.
Response from the Government dated 30 January 2008
14. The Government informed that Mr. Sa Khorn stayed at Baukhanaram Pagoda (North
Phnom Den Pagoda) at Phsar Village, Phnom Den Commune, Kirivong District, Takeo Province,
Cambodia. Mr. Sa Khorn is a Khmer Kampuchea Krom native and was born at Kla Krahim
village, Ba Chuk Commune, Tn Ton District (or so called Srok Svay Torng), An Giang Province,
Socialist Republic of Vietnam. Mr. Sa Khorn had used the location of the Pagoda to distribute
bulletins of the Khmer Kampuchea Krom union. Each bulletin contained inspiration propaganda
aimed at creating conflicts between Cambodia and Vietnam. Mr. Sa Khorn has a hard-line
personality with no respect for the rules of Buddhism and did not participate in religious activities
as required. He carried out activities such as raising an illegal flag in the Pagoda which contains
the same insignia as the flag as printed in the bulletins of the Khmer Kampuchea Krom
Federation.
15. Furthermore, Mr. Sa Khorn constructed a building in the Pagoda and ordained monks of
Khmer Kampuchea Krom origin without permission. He propagated monks and followers to
support activities of the foreign-based Khmer Kampuchea Krom Federation movement. These
activities made monks in the Pagoda unhappy and they moved out to other Pagodas. Currently in
the Pagoda only seven monks remain who have identity cards.
16. Mr. Sa Khorn and his followers twice organized an illegal demonstration in order to
inspire anti-sentiment against the Cambodia-Vietnam relationship. The demonstrations created
extreme confrontation and violence against the Buddhism disciples, monk students and
Buddhism followers. The monk demonstrators used axes and wooden sticks against the other
monks which injured many.
17. After a consideration of Mr. Sa Khorn's abnormal activities, the Supreme Patriarch
Buddhism Monk of Cambodia, Ven. Tep Vong, organized a special meeting in which 10 high-
ranking monks participated, to officially review Mr. Sa Khorn's case. As a result of his violation
of the disciplines, Mr. Sa Khorn's status was removed.
18. With reference to the Takeo Provincial Court Order, on 30 June 2007, the representatives
of the District authority, the Provincial Department of Cults and Religions, the Council of
Commune and the Committee of the Pagodajointly inspected the house of Mr. Sa Khorn on the
premises of the Pagoda. The Inspection Committee found some evidence such as bayonets, VCD
phonographs, two women and a letter written by Mr. Sa Khorn requesting to leave for his native
land Vietnam.
19. After a while, it was found that Mr. Sa Khorn was detained by Vietnamese authorities. Mr.
Sa Khorn is under the legal prosecution of the present laws of the Socialist Republic of Vietnam.
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Observations
20. The Special Rapporteur is grateful for the Government's response.
China
Communication sent on 29 December 2005 jointly with the Special Rapporteur on the
question of torture and the Special Rapporteur on violence against women, its causes and
consequences
21. The Special Rapporteurs brought to the attention of the Government information they had
received concerning two female Falun Gong practitioners. According to the information
received, on the night of 24 November 2005, one woman aged 51 was abducted by an estimated
seven policemen. Her home was ransacked and all Falun Gong materials were seized. She was
taken to Dongchengfang Town Police Station in Tunzhou City, Hebei Province, where she was
interrogated, beaten with rubber clubs and shocked with stun batons. At approximately 2 p.m. on
25 November 2005, a police officer took her to a room, where he lifted her shirt and touched her
breasts. He then shocked her breasts with a stun baton. Another police officer came into the room
and raped her. During the rape, he repeatedly slapped her in the face. He then brought another
woman aged 42 into the same room and raped her too. The two rapes took place in the presence
of another police officer, who made no attempt to intervene or prevent the incidents.
Response from the Government dated 28 June 2006
22. The Government informed that on 24 November 2005, two female Falun Gong
practitioners and other residents of Dongchengfang township in Tunzhou city, Hebei province,
were taken into the local public security office for questioning on suspicion of involvement in
illegal activities. They were released in the afternoon of the same day.
23. On 26 November 2005, the Dashiqiao criminal police team in the Tunzhou city public
security bureau received a complaint from one of the two female Falun Gong practitioners
claiming that she had been raped by a police officer. On 27 November 2005, the other woman
also filed a report with the Tunzhou public security bureau, stating that she too had been raped.
The public security authorities promptly summoned the accused police officer. In the ensuing
questioning and investigation, it was ascertained that he was a temporary employee in the
Dongchengfang township public security office. He admitted that in the afternoon of 25
November 2005, he had taken the two women in turn back to his hostel, where he had indecently
assaulted one and raped the other. On 9 December 2005, following approval from the
procurator's authorities, he was taken into custody.
24. On 29 April 2006, the Baoding city people's procurator in Hebei province instituted
criminal proceedings with the Baoding city people's intermediate level court against the police
officer for commission of the offences of rape and indecent assault of a woman. On 19 May 2006,
after hearing the case, the Baoding city people's intermediate level court, applying the principle
of aggregation of penalties for multiple offences, passed judgment at first instance, sentencing the
defendant to eight years' fixed term imprisonment. After judgment had been passed at first
instance, the defendant did not accept the verdict and lodged an appeal. On 17 June 2006, the
Hebei people's high court handed down its final judgment, dismissing the appeal and upholding
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the original judgment. The Chinese Constitution and law guarantee the exercise by all citizens of
their lawful rights. The Government emphasized that any conduct which harms citizens' lawful
rights and interests will be punished under law.
Observations
25. The Special Rapporteur is grateful for the Government's response and for providing
details of the investigations and conviction of a police officer in that case. She would like to
reiterate that women and detainees are in a particularly vulnerable situation and it is of the utmost
importance to ensure that the States' legislative and administrative systems provide adequate
protection to victims and effective remedies. The Special Rapporteur would also appreciate
further information about the allegation that the two rapes took place in the presence of another
police officer, who reportedly made no attempt to intervene or prevent the incidents.
Urgent appeal sent on 31 August 2006 jointly with the Special Rapporteur on the question
of torture
26. The Special Rapporteurs received information concerning Bu Dongwei (also known as
David Bu), aged 38, and Falun Gong practitioner. According to the allegations received, on 19
May 2006, he was detained by around seven police officers at his home in the Haidian district of
Beijing. On 19 June 2006, he was assigned to two and a half years re-education through labour in
connection with his activities as a member of the Falun Gong spiritual movement by Beijing's
Re-education through Labour Committee, which has the power to impose periods of arbitrary
detention without charge or trial. He was accused of “resisting the implementation of national
laws” and “disturbing social order” on the basis of evidence including a verbal confession he
made to the police and 80 copies of Falun Gong literature discovered in his home. He is due to be
released on 18 November 2008.
27. Despite repeated requests to the authorities, his family has not been told where he is being
detained although unconfirmed reports have been received that he may have been transferred to
Tuanhe Re-education through Labour facility in Beijing on 21 August 2006. There are concerns
that he is at risk of torture or other ill-treatment. Bu Dongwei had previously served a term often
months re-education through labour from August 2000 to May 2001 in Tuanhe for “using a
heretical organization to disrupt the implementation of the law” after he petitioned the authorities
asking them to review their ban on Falun Gong. During this period, he was reportedly beaten and
made to sit all day in a small chair. He was also subjected to sleep deprivation aimed at forcing
him to renounce his belief in Falun Gong.
Response from the Government dated 28 November 2006
28. Bu Dongwei, born on 11 March 1968, is an ethnic Han Chinese and university graduate.
In July 2000, he was ordered to serve a term of one year's labour re-education for using a
heretical cult to disrupt law and order. On 13 June 2006, Bu Dongwei was ordered by the Beijing
city labour re-education committee to serve a further two and a half years' labour re-education, to
run from 19 June 2006 to 18 November 2008, for using a heretical cult to disrupt law and order.
Bu Dongwei is currently serving this term in the Tuanhe labour re-education facility in Beijing.
29. Inquiries have established that, while being held in the Tuanhe labour re-education facility,
Bu Dongwei has not been subjected to any ill-treatment. The accusations in the letter that we
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have received that he was beaten by the police in the labour re-education facility and subjected to
sleep deprivation are without substance. The Chinese labour re-education facility operates a strict
management system, under which the ill-treatment of inmates undergoing labour re-education is
categorically prohibited, and any persons disobeying this rule shall be punished in accordance
with the law. Within the labour re-education facilities there are procurator representatives,
specializing in supervision of the conduct of law-enforcement activities by the police in the
labour re-education facility.
30. As to the question whether Bu Dongwei lodged an appeal or whether an appeal was
lodged on his behalf by a representative, Chinese laws and regulations stipulate that persons
undergoing labour re-education may, within 60 days of receipt of the labour re-education order,
submit an application for administrative review to the local government office that issued the
order or, within three months of receipt of the labour re-education order, lodge an administrative
appeal directly with the local people's court. This right is explicitly stated in the labour re-
education order that was issued to Bu Dongwei. On 5 May, Bu Dongwei presented a power of
attorney to the people's police in the labour re education facility, naming his wife as his legal
representative in dealing with all matters relating to his application for administrative review.
31. The Chinese Government wishes to draw the attention of the Special Rapporteur to the
fact that “Falun Gong” is not a religion, nor is it a spiritual movement. It is an anti-scientific, anti-
human, anti-social cult. “Falun Gong” poses a serious menace to Chinese society, leading great
numbers of its duped followers to cause harm to themselves and even to take their own lives. The
Chinese Government conducts patient persuasive counselling and educational work among rank-
and-file “Falun Gong” practitioners, fully upholds all their rights and helps them return to their
normal lives. A small number of “Falun Gong” practitioners receive punishments in accordance
with the law, but this is not because of their opinions or belief it is because their activities have
breached the law, harming the interests of the State, society and individuals. In the course of the
present case, the relevant departments have strictly observed due process and have guaranteed the
exercise by the parties involved of their lawful rights and interests.
Observations
32. The Special Rapporteur is grateful for the Government's response. With regard to the
question of “cults” or “sects”, she would like to refer to the chapter on “Religious minorities and
new religious movements” in her report to the fourth session of the Human Rights Council (see
A/HRC/4/2 1, paras. 43-47). The Special Rapporteur reiterates her predecessor's assessment that,
apart from the legal courses available against harmful activities, “it is not the business of the State
or any other group or community to act as the guardian of people's consciences and encourage,
impose or censure any religious belief or conviction” (E/CN.4/1997/91, para. 99). Similarly,
during the elaboration of general comment No. 22, Human Rights Committee member Rosalyn
Higgins was “resolutely opposed the idea that States could have complete latitude to decide what
was and what was not a genuine religious belief The contents of a religion should be defined by
the worshippers themselves; as for manifestations, article 18, paragraph 3, existed to prevent
them from violating the rights of others” (CCPRIC/SR. 1166, para. 48). The terms ‘belief and
‘religion' are to be broadly construed, bearing in mind that manifestations of this freedom may be
subject to such limitations as are prescribed by law and are necessary to protect public safety,
order, health, or morals or the fundamental rights and freedoms of others. The Special Rapporteur
continues to be very concerned by the continued violations of freedom of religion or belief
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suffered by Falun Gong practitioners (see E/CN.4/2005/61, paras. 37-38; E/CN.4/2006/5/Add. 1,
para. 109; AIHRC/4/21/Add.1, para. 88).
Urgent appeal sent on 1 December 2006 jointly with the Chairperson-Rapporteur of the
Working Group on Arbitrary Detention and the Special Rapporteur on the question of
torture
33. The Special Procedures mandate holders brought to the attention of the Government
information they had received regarding Mr. Zhang Hongwei, member of the “Falun Gong”,
detained in Jilin prison at the time the communication was sent. According to the information
received, Mr. Hongwei was arrested in Beijing and sentenced to 11 years of imprisonment in
2001. He was transferred to Tiebei Prison in Changchun city, where he went on a 53-day hunger
strike, and subsequently to Jilin Prison in March 2002. He was held in solitary confinement for
two years and five months and ill-treated. His conditions of health were severe. By the beginning
of 2006, Mr. Zhang was continuously coughing and type III tuberculosis was diagnosed. Body
fluid was accumulating in his chest and in March 2006 he also suffered from pleurisy, high blood
pressure and heart disease. Thereafter, he was transferred to the prison hospital, however, still ill-
treated by prison guards. Several applications by Mr. Zhang's family for medical parole and
access to his X-rays were refused. Further, his family was denied to visit him.
Response from the Government dated 26 February 2007
34. The Government informed that on 20 January 2001 Mr. Hongwei was sentenced to 13
years' fixed-term imprisonment by the Fangshan district people's court in Beijing for the offence
of using a heretical sect to engage in criminal activities and that he was stripped of his political
rights for 3 years. He is currently serving his sentence in Jilin city penitentiary in Jilin province. It
is not because he was a member of “Falun Gong” that Zhang was sentenced to a term of fixed-
term imprisonment, but he was rather sentenced because he had engaged in criminal activities
which were in breach of Chinese law.
35. In December 2005, when undergoing a health check-up in prison, Mr. Hongwei was
found to be suffering from tuberculosis, but he maintained his firm conviction that, as a “Falun
Gong” practitioner, when he fell ill he should not take any medicine or receive any injections,
and that, as he himself was a disciple of the “dafa” - the major law, the master's “dharma body”
would protect and save him, and for these reasons he refused medical treatment. In February
2006, the prison management found that his condition had taken a turn for the worse and only
after being repeatedly advised and encouraged he did agree to receive treatment. While in
hospital, Mr. Hongwei received meticulous medical treatment and nursing care. His condition has
now clearly improved and in clinical terms he has been cured of his illness. He has undergone
two medical examinations by Jilin City Central Hospital and showed no symptoms of fever. His
breathing was smooth, his heart rate normal and his ECG normal. The results of a frontal chest X-
ray show a calcification focus in the right pulmonary field.
36. Mr. Hongwei's family members enquired as to whether he could be released for medical
treatment outside the facility. The prison authorities deemed that his case did not meet the
conditions for seeking medical attention outside the facility but special dispensation was granted
to his family to be able to visit him outside regular visiting hours, with a view to fostering
stronger relations between him and his family. To summarize, Mr. Hongwei has now fully
recovered from his illness and has been discharged from hospital and his state of mind is stable.
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page 13
His family members make frequent visits and have expressed their satisfaction with the work of
the prison staff. There is no question here of Mr. Hongwei being subjected to ill-treatment or of
his family being refused permission to visit him.
Observations
37. The Special Rapporteur is grateful for the Government's response and she would like to
refer to her previous observations (see above para. 26).
Urgent appeal sent on 22 December 2006 jointly with the Chairperson-Rapporteur of the
Working Group on Arbitrary Detention
38. The Special Procedures mandate holders brought to the attention of the Government
information they had received concerning Mr. Cao Dong, a Falun Gong practitioner. According
to the information received, on 21 May 2006, Mr. Dong met with the Vice-President of the
European Parliament, Mr. Edward McMillan-Scott, in Beijing. Following this meeting, he was
arrested and transferred to the Gansu Province State Security Bureau Detention Centre. On 29
September 2006, Mr. Dong was charged with “producing Falun Gong material”. His current
whereabouts are unclear and his family has not been allowed to visit him since the arrest. Gansu
local authorities informed Mr. Dong's family that he will be on trial soon. Mr. Dong has
previously been placed in administrative custody for being a Falun Gong practitioner.
Observations
39. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She would like to refer to her predecessor's
conclusions and recommendations after his country visit (E/CN.4/1995/91, page 133): “The
Special Rapporteur considers that there must be no interference with religious activity falling
within the scope of the 1981 Declaration. At all events, there must not be any surveillance of a
kind to infringe the right to freedom of belief and to manifest one's belief With regard to sects,
the Special Rapporteur particularly wishes to point out that the 1981 Declaration protects not
only religion, but also theist beliefs and that article 1, paragraph 3, of that Declaration states that
freedom to manifest one's religion or belief may be subject only to such limitations as are
prescribed by law and are necessary to protect public safety, order, health or morals or the
fundamental rights and freedoms of others.”
Communication sent on 25 January 2007 jointly with the Special Rapporteur on the
question of torture.
40. The Special Rapporteurs sent a letter to the Government of the People's Republic of
China as a follow-up to a communication sent on 11 August 2006 (see AIHRC/4/2 1/Add. 1, paras.
107-111). To this communication China had sent a response on 28 November 2006 (see
AIHRC/4/2 1/Add. 1, paras. 112-118), in which however the following issue was not addressed. It
was reported that there were many more organ transplants than identifiable sources of organs,
even taking into account figures for identifiable sources. Moreover, the reportedly short waiting
times that had been advertised for perfectly-matched organs would have suggested the existence
of a computerised matching system for transplants and a large bank of live prospective donors. It
was alleged that the discrepancy between available organs and numbers from identifiable sources
was explained by organs harvested from Falun Gong practitioners, and that the rise in transplants
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page 14
from 2000 coincided and correlated with the beginning of the persecution of these persons. The
Special Rapporteurs noted reports that on 15 November 2006, Vice-Minister Huang reiterated at
a conference of surgeons in Guangzhou that most organs harvested come from executed prisoners.
Notwithstanding the reported stringent criteria in place for donors, including for those sentenced
to death, the Government informed in its response of 28 November 2007, that voluntary
donations and donations between relatives were the two other legitimate sources of transplant
organs. The Special Rapporteurs also noted that between the years 2000 and 2005 there were
60,000 transplantations performed, or approximately 10,000 per year for six years. This period
coincides with the alleged rise in the persecution of Falun Gong practitioners. In 2005, it was
reported that only 0.5% of total transplants were accounted for by donations by relatives; non-
relative brain dead donors were around nine in 2006; and estimates—given that the Government
does not make public statistics on executions—for 2005 indicate 1770 executions were reportedly
carried out, and 3900 persons sentenced to death. It was alleged that the discrepancy between the
number of transplants carried out and the number of available sources is made up from the
harvesting of organs from Falun Gong practitioners.
41. The Special Rapporteurs asked for a full explanation of the source of organ transplants
that would disprove the allegation of organ harvesting of Falun Gong practitioners, particularly if
they could be traced to willing donors or executed prisoners. Therefore, they reiterated their
request for an explanation for the discrepancy in the number of transplants between the years
2000 to 2005 and the numbers from identifiable sources of organs.
Response from the Government dated 19 March 2007
42. The Chinese Government informed that no Chinese authority has compiled official
statistics on organ transplants for the period 2000-2005. The allegations are drawn from
erroneous data cited in a report compiled by two Canadians investigating allegations of organ
harvesting of Falun Gong practitioners in China. The report claims that Professor Shi Bingyi,
vice-chair of the China Medical Organ Transplant Association, said that in the period between
2000 and 2005, since the persecution of Falun Gong began, there were 60,000 organ transplants.
However, in January 2007, Professor Shi Bingyi expressly clarified that he had never made such
a statement or given figures of this kind and that these allegations and the related figures are pure
fabrication.
43. The Government finds that given the above situation, the so-called “discrepancy” referred
to in the communication does not make sense. In addition, from the point of view of medical
science, during a person's lifetime that person may express the wish to donate one or more organs
after his or her death, so it is not possible to estimate the number of organ donors on the basis of a
one to one correlation with the number of organ transplants.
44. Second, the Government stated that as a State member of the World Health Organization
(WHO), in carrying out organ transplants China unswervingly respects the WHO Guiding
Principles on Human Organ Transplantation of 1991, strictly prohibits the buying and selling of
human organs and insists on the principle that donations of human organs may only be made on a
purely voluntary basis, with the prior written agreement of the organ donor.
45. On 1 July 2006, the Chinese Government promulgated its interim provisions on the
clinical application and management of human organ transplantation, reaffirming that human
organs may not be bought or sold; that medical establishments may only use transplanted human
AIHRC/7/1O/Add. 1
page 15
organs with the written agreement of the donors; that donors have the right at any time prior to
transplantation to refuse donation of their organs; that medical establishments conducting human
organ transplantation must be properly equipped to be able to ensure the quality and safety of
medical treatment; and that ethical principles must be respected. The aim of these provisions is to
standardize and strengthen the clinical application and management of human organ
transplantation, and to ensure the quality and safety of medical treatment.
46. In China, it is categorically prohibited to coerce persons sentenced to death into donating
their bodies or organs or for their bodies or organs to be resold for profit. The organs and bodies
of people sentenced to death may only be used in strict compliance with the relevant regulations.
Primary among these are: (a) they may only be used with the prior written agreement of the
prisoners themselves and of their family members; (b) they may only be used with the approval
of the health authorities at the provincial level and of the provincial high court; and (c) units
using such organs or bodies must secure the approval of the health authorities at the provincial
and higher level and must be properly equipped to conduct the applicable medical research or to
carry out the relevant transplantation surgery.
47. The Government informs that, notwithstanding strict regulations relating to organ
transplants, it is still hard to stop certain unlawful practices. As soon as the administrative bodies
discover such practices, the necessary legal action is undertaken to punish any perpetrators. Draft
regulations aimed to set in place a more standardized system for the management of organ
transplantation have been submitted to the State Council, who is soliciting the views of Chinese
and foreign experts and the WHO on the content of the draft.
48. Third, the Government informed that, drawing on current international practice, it is
exploring the possibility of creating a human organ transplantation allocation system and
applying the same organ allocation principles as WHO, the United States of America, the
European Union and other bodies. It must be noted that the allegation that China has “a
computerized matching system for transplants” is inaccurate. To date, there is no institution in
China responsible for coordinating and allocating organs and no network system in this area, nor
does it have a live organ donor base. Currently, the sourcing of organs and surgical operations
involving organs are the responsibility of medical institutions.
49. Fourth, the Government maintained that the situation and the figures alleged in the
communication are merely the product of agitation by Falun Gong. Furthermore, most of them
have already been revealed to be unfounded rumours.
Observations
50. The Special Rapporteur is grateful for the Government's response.
Urgent appeal sent on 31 January 2007 jointly with the Chairperson-Rapporteur of the
Working Group on Arbitrary Detention, the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression, the Special Rapporteur on the
question of torture and the Special Representative of the Secretary-General on the situation
of human rights defenders
51. The Special Procedures mandate holders brought to the attention of the Government
information they had received concerning Mr. Jamyang Gyatso, a monk at Bora Monastery in
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Xiahe, Northwest Gansu. According to the information received, he was arrested on 8 January
2007, by plain clothed Chinese security officials outside Bora Monastery. Officials at the
Monastery later discovered that Mr. Gyatso's room had been searched and that a bag full of
religious scriptures, including CDs, had been removed. Several calls made to the publicly listed
number for the local police were dismissed as a wrong number or the recipient hung up when
enquiries were made as to Mr. Gyatso's whereabouts. Mr Gyatso was at that moment being
detained at an unknown location.
52. Before his arrest Mr. Gyatso had served as custodian of the gardens and forests in Bora
Monastery and encouraged local Tibetans to listen to foreign radio broadcasts. He had also
worked on making copies of a book written by a Tibetan poet, Hortsang Jigme, who lives abroad.
His work as a human rights defender was carried out peacefully in the form of religious teachings
and providing information to local Tibetans on how to receive images and writings of Tibetans
living abroad. Concerns were expressed that the arrest and detention of Mr. Gyatso forms part of
an ongoing campaign against Tibetans advocating for the human rights of Tibetans, such as the
right to freedom of expression and freedom of religion. In view of the reported detention at an
undisclosed location, further concern is expressed that Mr. Gyatso might be at risk of ill-
treatment.
Response from the Government dated 23 March 2007
53. The Chinese Government informed that Mr. Jamyang Gyatso is a male Tibetan, born 30
April 1981, and is a monk at Bora monastery in Gansu province. The Government stated that on
9 January 2007, in accordance with the law, Mr. Gyatso was placed under investigation by the
State security authorities, on suspicion of having conducted unlawful acts which endangered
State security. In the course of the investigation Mr. Gyatso confessed in full to having
committed the offence of incitement to separatism. On 3 February 2007, the Chinese security
authorities ordered that he be placed under restricted freedom of movement, on his own
recognizance, pending trial.
Observations
54. The Special Rapporteur is grateful for the Government's response and she would be
appreciative to be informed of recent developments in that case.
Communication sent on 9 May 2007
55. The Special Rapporteur brought to the attention of the Government information she had
received according to which Mr. Gedhun Choekyi Nyima, then aged 6, disappeared together
with his parents from Lhari, their home village in Tibet on 17 May 1995, three days after having
been recognized as the eleventh reincarnation of the Panchen Lama by the Dalai Lama.
According to the Gelugpa school of Tibetan Buddhism, the Panchen Lama is the second highest
ranking religious figure after the Dalai Lama. Mr. Gedhun Choekyi Nyima was reported to
remain in isolation and concerns were expressed about his whereabouts, well-being and fate. It
was further alleged that the Chinese Government interfered in the identification and training of
significant reincarnations in order to control the political loyalties of these important figures in
Tibetan society, weaken the influence of the traditional religious authorities and use the
reincarnates' influence among Tibetans.
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page 17
56. In a letter dated 7 September 2005 (E/CN.4/2006/5/Add.1, paras. 96-98), the Chinese
Government indicated that Mr. Gedhum Choekyi Nyima “is leading a normal, happy life and
receiving a good cultural education” and that his family and he do not want their “normal routine
to be disturbed”. Given the fact that Mr. Gedhum Choekyi Nyima has most recently turned 18,
there have been calls that he should have the right to speak on his own behalf The Special
Rapporteur requested further information on measures envisaged by the Government to ensure
that the Tibetan Buddhists may exercise the freedom to train, appoint, elect or designate by
succession their religious leaders. Furthermore, she asked what measures the Government has
taken to implement the concluding observations of the Committee on the Rights of the Child,
adopted on 30 September 2005, where the Committee recommended that your Government
should “ [ aillow an independent expert to visit and confirm the well-being of Gedhun Choekyi
Nyima while respecting his right to privacy, and that of his parents.” (CRC/C/CHN/CO/2, para.
45 ).
Response from the Government dated 17 July 2007
57. The Chinese Government informed that respect for and the safeguarding of citizens'
freedom of religion and belief has been a long standing and fundamental policy of the Chinese
Government. The Chinese Government has invariably attached utmost importance to and
respected the distinguishing features of traditional Tibetan Buddhism, the religious rites and
historical precepts of the Tibetan Buddhist tradition. Furthermore, it has respected the traditional
method whereby the living Buddha is reincarnated from generation to generation and has
formulated the necessary safeguards and standards in the country's regulations on religious
matters and other legal instruments.
58. The titles of Dalai Lama and Panchen Erdeni in the Gelug school of Tibetan Buddhism
have been conferred since the time of the Qing dynasty. Since 1792, when the Chinese central
government promulgated the system of “drawing lots from the golden urn”, the process of finding
the Dalai and Panchen reincarnated soul boys must always, in accordance with religious rites,
start with the identification of a number of candidate soul boys, then the chosen soul boys are
confirmed by the ritual of drawing lots from the golden urn before the statue of Sakyamuni, and
finally a report is submitted to the central government for ratification. This historical convention
and established practice has already lasted for more than 200 years and constitutes the sole
method of finding and confirming the Dalai and Panchen soul boys. The eleventh Panchen Lama
Erdeni Qoigyi Gyaibo was sought out and confirmed in full compliance with precisely this
historical convention and established practice.
59. Following the enthronement rite for the reincarnated living Buddha, a training plan was
drawn up by the temple's management organization, in accordance with its own teaching
methods, and a Buddhist teacher carefully selected, then the training was administered. Thus, in
accordance with historical precepts and established religious rites, the eleventh Panchen Lama
Erdeni Qoigyi Gyaibo was duly confirmed before the statue of Sakyamuni in the Jokhang temple
in Lhasa, by the ceremony of drawing lots from the golden urn, and is now, in full compliance
with religious tradition, being educated in religious tradition and initiated to Buddhist monastic
life.
60. In accordance with the historical precepts and religious rites of the Tibetan Buddhist
tradition, the Dalai emphatically does not have the authority to appoint the Panchen reincarnated
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soul boy. The Dalai's actions in confirming Mr. Gedhun Choekyi Nyima as the eleventh Panchen
showed utter contempt for the historical precepts and religious rites of the Tibetan Buddhist
tradition and were completely illegitimate and invalid. The Government further stated that Mr.
Gedhun Choekyi Nyima is a perfectly ordinary Tibetan boy, in an excellent state of health,
leading a normal, happy life and receiving a good education and cultural upbringing. He is
currently in upper secondary school, he measures 1 m 65 cm in height and is easy-going by
nature. He studies hard and his school results are very good. He likes Chinese traditional culture
and has recently taken up calligraphy. His parents are both State employees, and his brothers and
sisters are either already working or at university. The allegation that he disappeared together
with his parents and that his whereabouts remain unknown is simply not true.
Observations
61. In a letter dated 11 October 2007 the Special Rapporteur thanked the Government for its
detailed reply of 17 July 2007. However, as she has received further information that the State
Religious Affairs Bureau has subsequently issued Order No. 5 on “Management measures for the
reincarnation of living Buddhas in Tibetan Buddhism,” she addressed some follow-up questions
on this issue to the Government:
— What is the legal status of State Religious Affairs Bureau Order No. S and has it been
implemented?
— Is it correct that State Religious Affairs Bureau Order No. S establishes or expands
Government procedural control of the principal stages of identifying and educating
reincarnated Tibetan Buddhist teachers and that such control would allegedly include:
a) Determining whether or not a reincarnated teacher who passes away may be
reincarnated again and whether a monastery is entitled to have a reincarnated teacher
in residence; b) Conducting a search for a reincarnation; c) Recognizing a
reincarnation and obtaining government approval of the recognition; d) Installing a
reincarnation in a monastery and issuing of approval documents; e) Providing
education and religious training for a reincarnation.
— Does State Religious Affairs Bureau Order No. S provide for administrative or
criminal punishment to individuals or offices that are responsible for a failure to
comply with the measures or that conduct activities pertaining to reincarnation
without Government authorization?
— Have there been any administrative or criminal sanctions imposed on individuals or
groups according to State Religious Affairs Bureau Order No. 5?
— Have any complaints been lodged against State Religious Affairs Bureau Order No. 5?
62. So far, the Special Rapporteur has not received a response from the Government
addressing the questions in her communication dated 11 October 2007.
Communication sent on 28 June 2007
63. The Special Rapporteur brought to the attention of the Government information she had
received concerning the reported demolition by the Chinese People's Armed Police in May 2007
AIHRC/7/10/Add. 1
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of a very large near completed gold and copper plated statue of Guru Padmasambava known
as Guru Rinpoche of the Samye Monastery, Lhoka prefecture, Tibet autonomous region. It is
the Special Rapporteur's understanding that rubble from the statue has been transported to
unknown locations. Samye Monastery is believed to be the first monastery ever built in Tibet.
According to information received “Measures for the Regulation of Religious Affairs” came into
force on 1 January 2007. These provide in article 13 that “Religious organizations or venues for
religious activities that plan to build a religious structure such as an open-air religious statue,
stupa, or Mani Lhakhang [ Prayer (wheel) Templel outside a venue for religious activities must
petition the Autonomous Region's government religious affairs department for examination and
approval after receiving consent from the prefectural (city) administrative office (people's
government) religious affairs department where the venue is located”. Article 48 of the above
Measures provides: “Where, in violation of provisions in Article 13 of these measures, a religious
structure such as an outdoor religious statue, stupa, or mani lhakhang [ prayer (wheel) templel is
built without authorization outside of a venue for religious activity, the people's government
religious affairs department at the county level or above orders redress, suspension of
construction, and demolition within a specified time limit, in accordance with relevant laws and
regulations.”
Response from the Government dated 15 August 2007
64. The Government informed that in February 2006 a company director from Hainan
donated a 9.8 metre-high copper statue of Guru Rinpoche Padmasambhava to the Samye
monastery. In November, acting without authorization, the monastery erected this statue on the
monastery grounds. On 14 March 2007, the Shannan prefectural office of the Department of
Religious Affairs instructed the monastery to halt erection of the statue. On 7 May 2007, under
the supervision of the relevant prefectural and district authorities, the monastery itself removed
the statue and the monastery had the statue sent out of Tibet on 8 June 2007.
65. The Chinese Cultural Properties (Protection) Act states, in its article 11, that no new
construction project may be undertaken at a site that comes under protection of cultural properties
and that, if the scale or layout of an original architectural complex is to be altered, consent must
be obtained from the local government at the level of the province, autonomous region or city of
provincial status and of the State Cultural Properties Bureau. Article 12 of the Act stipulates that
no new buildings or structures may be erected in protected areas which impair the characteristics
and environment of the protected area.
66. In 1994, the Religious Affairs Bureau of the Chinese State Council, the Ministry of
Construction and the Chinese Tourism Office promulgated the “Notice regarding the prohibition
of the erection of statues of Buddha”, article 2 of which stipulates that no other departments or
units may, for any reason, erect statues of Buddha outdoors in scenic spots or other places and
that people's governments at all levels may not approve investment projects which are made
conditional on the erection of outdoor statues of Buddha. if an agreement to this end has already
been concluded, it must be cancelled.
67. The Samye monastery is a protected area of national significance and a grade AAAA
listed scenic site. There are legal safeguards to ensure that the original scale and appearance of
the protected cultural site are preserved. By erecting the outdoor statue of Buddha without
authorization, the monastery was violating the relevant laws and regulations. The removal, of its
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own volition, of the statue by the monastery citizens' management committee was in compliance
with the laws and regulations. The Government stated that the allegation that the armed police
has demolished the statue is a sheer fabrication. It has been ascertained that no claim for
compensation has been made by the monastery, nor has it submitted any appeal. The monks and
the congregation have shown both understanding and support for the removal of the statue by the
monastery.
Observations
68. The Special Rapporteur is grateful for the Government's response.
Communication sent on 14 August 2007 jointly with the Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression
69. The Special Rapporteurs brought to the attention of the Government information they had
received concerning Mr. Runggye Adak, of the Yonru nomadic group, as well as reportedly 200
people allegedly involved in a protest to release him from prison. According to the information
received, on 1 August 2007, Mr. Adak took the stage during the annual horse racing festival in
Lithang, in the Kanze autonomous prefecture in the Suchuan province. He allegedly made a
statement defending the Dalai Lama's return and the release of Gedhun Choekyi Nyima who has
been recognized as the eleventh reincarnation of the Panchen Lama by the Dalai Lama.
Furthermore, he stated that the people of Lithang should have freedom of religion or belief
70. Mr. Adak was reportedly arrested by the People's Armed Police as soon as he made these
comments and subsequently taken into custody. According to the reports received, a large crowd
proceeded to the police station and gained access to the compound. The crowd was dispersed
after the authorities assured that Mr. Adak would be released the following day. On 2 August
2007, as people gathered in the police station again to demand the release of Mr. Adak, 200
protesters were allegedly taken into custody by the People's Armed Police, including several
other members of the Yonru nomadic group.
Response from the Government dated 20 November 2007
71. Mr. Runggye Adak, aged 53, is an ethnic Tibetan and farmer from Kahui village in Benge
rural district, Lithang county, Garzê prefecture. On 1 August 2007, he was taken into criminal
custody, in accordance with the law, by the Lithang county public security bureau on suspicion of
unlawful activities intended to foment the division of the State. On 25 August 2007, in
accordance with the provisions of article 103, paragraph 23, of the Criminal Code of the People's
Republic of China, his detention was authorized by Garzê prefecture people's procuratorate.
After measures of restraint had been imposed against Runggye Adak by the public security
bureau, he did not submit any complaint to the judicial authorities. The case is still at the pre-trial
inquiry and preliminary investigation stage and has not yet been referred to the procurator's
office.
72. The Chinese Constitution protects citizens' freedom of religious belief and freedom of
expression. No one may be prosecuted because of their expression of their views or the legitimate
exercise of their right to freedom of religious belief The Universal Declaration of Human Rights
and the International Covenant on Civil and Political Rights, together with other international
human rights instruments, clearly stipulate that the exercise of rights and freedoms must be
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subject to restrictions under the law. In accordance with its law, China punishes actions intended
to divide the country and other illegal and criminal activities, in conformity with the relevant
provisions of international human rights conventions.
73. In the present case, there was no statement by Runggye Adak, as alleged, demanding
steps by the Chinese Government to guarantee the safety of the Dalai Lama's return to China and
the release of Gedhun Choekyi Nyima, appointed by the Dalai Lama as the eleventh Panchen
Lama, or that the people of Lithang should have freedom of religion or belief, nor is it true that
assurances were given that Runggye Adak would be released the following day or that some 200
protesters were taken into custody by the armed police.
Observations
74. The Special Rapporteur is grateful for the Government's response and she would be
appreciative to be informed of recent developments in that case. According to further reports, Mr.
Runggye Adak was indicted on 29 October 2007 by the Garzê Intermediate Court and sentenced
to eight years of imprisonment on 20 November 2007.
Urgent appeal sent on 4 October 2007 jointly with the Chairperson-Rapporteur of the
Working group on Arbitrary Detention and the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression
75. The Special Procedures mandate holders brought to the attention of the Government
information they had received regarding Kunkhen, an artist, and Mr. Lobsang Phuntsok, a 30
years old monk of the Lithang Monastery. According to the information received, Mr. Lobsang
Phuntsok was arrested on 15 September 2007 following a raid carried out at his residence in the
monastery by officials from the Lithang County Public Bureau Security. He was arrested on
allegations of having established close ties with an artist named Kunkhen. Kunkhen was arrested
on 22 August 2007 by Lithang County Public Bureau Security officials for having taken pictures
of Mr. Runggye Adak on 1 August 2007 when he was addressing a large Tibetan crowd gathered
for the annual Lithang horse-race festival. The exact whereabouts of Kunkhen and Mr. Lobsang
Phuntsok and the charges held against them remain unknown. In view of their incommunicado
detention concern was expressed as regards their physical and psychological integrity.
Response from the Government dated 21 December 2007
76. At the time this report was finalized, the Special Rapporteur was not in a position to
reflect the content of the reply from the Government of China dated 21 December 2007 as she
had not received the translation of its content from the relevant services.
Communication sent on 30 November 2007
77. The Special Rapporteur brought to the attention of the Government information she had
received regarding Ms. Jin Meihua, 48 years old, from Hangzhou who was sentenced, on 15
November 2007, to five years of prison for practicing Falun Dafa. She had been arrested by 17
police officers from Hangzhou City Xiacheng District Police Sub-Bureau on 5 June 2007.
Subsequently, her family members were not allowed to visit her in detention. Furthermore, the
police refused to meet with her lawyer and did not file his complaint. On 18 June 2001, Ms.
Meihua had already been sentenced to 4 years in jail because of distributing Falun Dafa literature.
AIHRC/7/10/Add. 1
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Observations
78. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. Furthermore, she would like to refer to her previous
observations (see above para. 26).
Egypt
Communication sent on 16 April 2007
79. The Special Rapporteur brought to the attention of the Government information she had
received concerning the obligation to indicate one's religious affiliation on birth certificates
and identity cards. According to the information received, the forms contain three religious
affiliations to choose from (Islam, Christianity and Judaism) and it is impossible for members of
other religious groups or non-believers to indicate their religion or leave the space blank. The
new computerized system has also been programmed to allow only three alternatives.
80. The Special Rapporteur was also informed of a ruling issued on 4 April 2006 by the
Administrative Court that had upheld the right of two Baha'I believers, Mr. Housam Ezzat
Moussa and his wife, Mrs. Rania Rushdy, to receive government-issued identity documents in
which their religion was specified as “Baha'I”. However, the Supreme Administrative Court on
16 December 2006 overturned the lower court's decision. It is alleged that members of religious
minorities are forced either to lie about their religious beliefs, an offence punishable by law, or to
give up their rights of citizenship.
81. In this regard, further cases concern the following Bahá'I believers in Egypt. Mr. Nayyir
Nabil Ali Taha El Hamamsy was dismissed from the College of Physical Education at Suez
Canal University in February 2006, after the college asked for his proof of military service
exemption. It is reported that the military told him they could not issue the standard exemption
certificate, because he did not have a computerized ID card (National Number Card).
82. Mr. Hossein Hosni Bekhit is unable to continue his studies owing to his inability to
define his military conscription status, which requires obtaining the National Number Card.
83. Mr. Bassem Wagdy Nassif, hired by the German University in Cairo as a junior teacher of
physics, was required by the university to open a bank account in order to receive his salary — but
could not do so because the bank required the National Number Card to open an account.
Observations
84. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. Questions relating to the obligation in Egypt to
indicate one's religious affiliation on birth certificates and identity cards have already been the
subject of previous communications (see E/CN.4/2004/63, paras. 40-41; E/CN.4/2005/61/Add.1,
para. 85; E/CN.4/2006/5/Add.1, para. 117). In a letter dated 21 July 2003, the Government
indicated that the law did not permit an identity card (or family or social security card) to be
issued to a person who was not a follower of one of the three religions recognized by the
Constitution. According to the Government, this was a public policy rule that cannot be
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circumvented on grounds of freedom of religion or belief as guaranteed by the Constitution.
Since 2004, the Government has not responded to the last three communications concerning the
situation of Baha'I believers.
85. The Special Rapporteur would like to recall the concluding observations of the Human
Rights Committee (CCPR/CO/76/EGY, para. 17) where the Committee emphasized that the
“State party must see to it that its legislation and practice are consistent with article 18 of the
Covenant as regards the rights of the Bahai community and reinforce its legislation”. She also
wishes to reiterate her predecessor's concerns (see E/CN.4/2004/63, paras. 42) that “the mention
of religion on an identity card is a controversial issue and appears to be somewhat at variance
with the freedom of religion or belief that is internationally recognized and protected. Moreover,
even supposing that it was acceptable to mention religion on an identity card, it could only be
claimed that the practice had any legitimacy whatsoever if it was non-discriminatory: to exclude
any mention of religions other than Islam, Christianity or Judaism would appear to be a violation
of international law.” The Special Rapporteur intends to deal with the issue of religion and
citizenship, including the compulsory mentioning of selected religions on official ID cards or
passports, in more detail in one of her future reports.
Communication sent on 31 August 2007 jointly with the Special Rapporteur on
independence of judges and lawyers
86. The Special Rapporteurs brought to the attention of the Government information they had
received regarding Mr. Amr Thanvat, Mr. Abdel-Latif Mohamed Ahmed and Mr. Abdel-
Hamid Mohamed Abdel-Rahman. Mr. Tharwat, who is a member of the Quranic group (a
movement reportedly advocating for peaceful reform in the Muslim world), was arrested on 30
May 2007 by the State Security officers at his family's home in the Matrya neighborhood in
Cairo, pursuant to an administrative detention decree issued by the interior minister under the
emergency law. He was accused of “exploiting religion to promote extreme ideas in contempt of
Islamic religion, denying the sunna and considering the Quran to be the main source of
legislation”. Further charges included “rejecting the penalty for apostasy” and “rejecting the
stoning of adulterers”. In addition to Mr. Tharwat, the authorities arrested further people staying
at the house, including Mr. Abdel-Latif Mohamed Ahmed and Mr. Abdel-Hamid Mohamed
Abdel-Rahman.
87. Allegedly, during their detention, the detainees were not allowed to contact their families
or lawyers until 21 June 2007, four days after their interrogations before the State Security
Prosecution officer began. Reportedly, during the interrogations, questions were confined to the
detainees' religious views. An appeal was filed against the administrative detention of the
defendants, as they were detained for more than 30 days. On 12 and 14 July 2007, the
Emergency State Security Court ordered the release of the three persons. However, the interior
Ministry appealed their release order. On 7 and 8 August 2007, the court decided to release them
immediately. Despite the release order, the three individuals remained detained in preventive
detention by the State Security Prosecution Office.
Observations
88. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She would like to take the opportunity to refer to her
framework for communications, more specifically to the international human rights norms and to
AIHRC/7/10/Add. 1
page 24
the mandate practice concerning “Persons deprived of their liberty” (see above para. 1, category
III. 2.) and with regard to “Freedom of expression including questions related to religious
conflicts, religious intolerance and extremism” (see above para. 1, category IV. 1.).
Eritrea
Communication sent on 25 May 2007 jointly with the Chairperson-Rapporteur of the
Working Group on Arbitrary Detention, the Special Rapporteur on freedom of religion or
belief and the Special Rapporteur on the question of torture
89. The Special Rapporteurs brought to the attention of the Government information they had
received concerning Mr. Zecharias Abraham, Mr. Miliias Mekonnen and 76 churchgoers.
According to the information received, police forces arrived at the Mehrete Yesus Evangelical
Presbyterian Church in Asmara during a service on 29 April 2007 and arrested Mr. Abraham, the
pastor of the church, Mr. Mekonnen, an elder, and 78 other persons attending the service.
Amongst those arrested were a man and woman from the United States of America and a number
of school teachers from India. On 3 May 2007, the two United States citizens were released. Mr.
Abraham, Mr. Mekonnen and the other 76 persons, however, remain detained at an undisclosed
location without access to their families and legal counsel. Considering their reportedly
incommunicado detention, concerns were expressed that the 78 individuals might be at risk of
torture or other ill-treatment.
Observations
90. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She would like to refer to her framework for
communications, more specifically to the international human rights norms and to the mandate
practice concerning “Freedom to worship” (see above para. 1, category I. 3. a.). The Special
Rapporteur wishes to emphasize that the right to freedom to worship is not limited to members of
registered religious communities, since registration should not be a precondition for practising
one's religion, but only for the acquisition of a legal personality and related benefits.
Communication sent on 30 May 2007 jointly with the Chairperson-Rapporteur of the
Working Group on Arbitrary Detention
91. The Special Procedures mandates holders brought to the attention of the Government
information they had received regarding Mr. Abune Antonios, the 79-year-old Patriarch of the
Eritrean Orthodox Church. Mr. Antonios was placed under house arrest in Asmara in January
2006. The reason for the house arrest would appear to be that he protested against the arrest of
three Orthodox priests from the Medhane Alem Orthodox Church and refused to cooperate with
the authorities in closing down this church. The Special Procedures mandates holders expressed
particular concern over reports that Mr. Antonios had been held incommunicado for the last five
months, which had prevented him from receiving adequate medical attention for his diabetes. As
a consequence, his health is reportedly at serious risk.
AIHRC/7/10/Add. 1
page 25
Observations
92. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She would like to recall that the Human Rights
Council in para. 9 of its resolution 6/37 of 14 December 2007 urged States “(h) to ensure that, in
accordance with appropriate national legislation and in conformity with international human
rights law, the freedom of all persons and members of groups to establish and maintain religious,
charitable or humanitarian institutions is fully respected and protected; (i) to ensure that, on
account of religion or belief or the expression or manifestation of religion or belief, no one
within their jurisdiction is deprived of the right to life, liberty or security of person, subjected to
torture or arbitrary arrest or detention”.
Communication sent on 11 October 2007 jointly with the Special Rapporteur on the
question of torture
93. The Special Rapporteurs brought to the attention of the Government information they had
received regarding Mr. Paulos Eyassu, Mr. Isaac Mogos, Mr. Negede Teklemariam, Mr. Aron
Abraha, Mr. Mussie Fessehaye, Mr. Ambakom Tsegezab, Mr. Bemnet Fessehaye, Mr. Henok
Ghebru, Mr. Kibreab Fessehaye, Mr. Bereket Abraha Oqbagabir, Mr. Yosief Fessehaye, Mr.
Asmeron Beraki, Mr. Tesgabirhan Berhe, Mr. Yemane Tsegay, Ms. Akberet Ghebremichael,
Ms. Rebka Ghebretinsaye, Mr. Fesseha Ghebrezadilj, Mr. Tekle Kebede, Mr. Hagos
Woldemichael, Mr. Worede Kiros, Mr. Tekle Tesfai, Mr. Yonathan Yonas, Mr. Ghebrenigus
Habte, Mr. Ghebru Birhane and Mr. Tekleab Tesfamichael.
94. According to the information received these 25 Jehovah's Witnesses were detained solely
on the basis of their religious beliefs in the Eritrean prisons of Sawa Camp, Mai Serwa and
Sembel Prison Asmara. The eleven first-named persons have been imprisoned for conscientious
objection to military service whereas the others were arrested while attending religious meetings
or sharing their faith with people in public. The Government had not designed any service
alternative to military service, which would permit Jehovah's Witnesses and others whose faith
prevents them from serving in the army to satisfy the requirement of doing national service. Mr.
Paulos Eyassu, Mr. Isaac Mogos and Mr. Negede Teklemariam have been imprisoned since 24
September 1994 in the Sawa prison for conscientious objection although the maximum legal
penalty for refusing to perform national service is two years. Furthermore, they were denied any
visitors, including their families. No specific charges have been filed against them and they have
never been given a trial. The conditions of detention in Sawa Camp are harsh with overcrowding
and extremely restricted access to medical care. Most of the prisoners are said to be held in metal
containers and underground cells.
Observations
95. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She wishes to stress that the right of conscientious
objection is a right which is closely linked with freedom of religion of belief The Special
Rapporteur would like to draw the Government's attention to paragraph S of resolution 1998/77
of the Commission on Human Rights, which emphasizes that States should take the necessary
measures to refrain from subjecting conscientious objectors to imprisonment. Imprisoning
conscientious objectors for more than 13 years is clearly a disproportionate measure which
violates the individuals' right to freedom of thought, conscience and religion as laid down in
AIHRC/7/10/Add. 1
page 26
article 18 of the Universal Declaration of Human Rights as well as article 18 of the International
Covenant on Civil and Political Rights (ICCPR).
Guatemala
Liamamiento urgente enviado el 20 de enero de 2006
96. La Relatora Especial quiso llamar la atención urgente del Gobierno de Guatemala
respecto a la informacion que recibio en relacion con el lugar para ceremonias maya Tulam Tzu.
SegUn la informacion, el 27 de diciembre de 2005 se emprendio la construcción de condominios
en el lugar sagrado maya Tulam Tzu, ubicado en la 40 a avenida, final del Naranjo, Zona Cuatro
de Mixto, Guatemala. La Conferencia Nacional de Ministros de la Espiritualidad Maya de
Guatemala OxlaJuJ Ajpop utiliza este lugar para practicar sus rituales espirituales y tradicionales.
OxlaJuJ Ajpop ha demandado al Ministro de Cultura y Deportes y al alcalde del municipio de
Mixto la interrupción de la construcción, dado que su continuación podrIa traer como
consecuencia la destruccion (parcial o total) de este lugar sagrado maya.
Respuesta del Gobierno enviada el 12 diciembre de 2007
97. Ademas de la respuesta enviada el 4 de abril de 2006 (AIHRC/4/2 1/Add. 1, paras. 160-
166), el Gobierno informo asimismo que desde eli de agosto del 2006 viene implementando las
medidas cautelares decretadas el 14 de Julio de 2006 por la Ilustre Comisión Interamericana de
Derechos Humanos, las cuales tienen por finalidad suspender definitivamente las labores de
construcción y preservar el Centro Arqueologico de Rosario-Naranjo. El dIa 25 de septiembre del
2006, la ProcuradurIa General de la Nación realizo una reunion de trabajo en las instalaciones de
COPREDEH con elfin de darle una solucion al conulicto; sin embargo, los peticionarios se
retiraron al momento de empezar las negociaciones. El estado de Guatemala ha seguido
promoviendo el proceso relacionado en la via ordinaria civil.
98. El Estado de Guatemala seflalo la adopcion de las medidas cautelares dictadas por la
Ilustre Comisión Interamericana de Derechos Humanos.
Ob se rv a ci on es
99. La Relatora Especial agradece la respuesta que el Gobierno de Guatemala ha enviado.
India
Joint urgent appeal sent on 26 September 2007 with the Special Rapporteur on the question
of torture
100. The Special Rapporteurs brought to the attention of the Government information they had
received regarding Mr. Sabir Ali, Mr. Iqbal Shahi, Ms. Anisa Abdul Jabbar, Mr. Muhammad
Allauddin Syed, Ms. Zill Gohar, Mr. Asad Gohar, Mr. Muhammad Ashfaque, Ms. Shaista
Gohar, Mr. Ayoub Gohar, Mr. Muhammad Irshad, Mr. Muhammad Sajjad Babar, Ms.
Shabana Gohar, Mr. Zaheer-ud-din Bukhari, Mr. Muhammad Faheem Jaffar, Ms. Rozina
Faheem, Mr. Farooq Azam, Mr. Muhammad Khalid, Mr. Sarfaraz Hussain, Mr. Muhammad
AIHRC/7/10/Add. 1
page 27
Fiaz, Mr. Muhammad Furqan Uddin Syed, Mr. Muhammad Yasir, Mr. Shehzaib Gohar, Ms.
Gulnaz, Ms. Samreen Shahzadi, Mr. Muhammad Ikhlaq, Ms. Kulsoom Khan, Mr. Imran
Saeed, Ms. Zakia Imran, Mr. Imran Pasha, Mr. Muhanunad Maqsood, Mr. Irshad Au, Ms.
Rakhshanda Asim Syeda, Mr. Javaid Iqbal, Ms. Qazmi Begum, Mr. Muhammad Muzammil,
Mr. Shahzad Mukhtar, Mr. Muhammad Zafar Iqbal, Mr. Mansoor Khan, Ms. Bushni
Mansoor, Ms. Misbah Nisa, Ms. Ashraf Nisa, Mr. Moin-ud-din Ahmed, Ms. Noreen Shahzadi,
Mr. Abdul Rashid, Ms. Maqsooda Bibi, Ms. Sana Riaz, Mr. Hassan AlGohar, Mr.
Muhammad Shafi, Ms. Safia Shafi, Mr. Tanveer Younus, Mr. Asim Ilyas, Mr. Tahir Rasheed,
Mr. Usman Rashid, Mr. Abdul Waheed, Ms. Sajida Waheed, Ms. Farah Naz Gohar, Mr.
Waqas Ahmed Gohar, Ms. Samira Wasim, Mr. Muhanunad Wasim, Mr. Aurangzeb, Ms.
Qamar Parveen, Mr. Akhtar All Ansari, Ms. Abhaya Gohar, Ms. Mary Gohar, Mr. Muir
Gohar. These 65 persons have Pakistani nationality and are currently detained in Central Jail
Tihar, New Delhi, India. The three last-named persons were born during the past three months in
Central Jail Tihar. Currently, a total often detainees are under six years of age.
101. According to the information received, the first-named 62 persons are members of the
Mehdi Foundation International (MFI), a multi-faith institution utilizing mystical principles of Mr.
Ra Gohar Shahi. They claim that in Pakistan MFI members are not allowed to practice their
beliefs, that they were tortured there and that blasphemy cases against 250 MFI members have
been initiated in Pakistan. In early 2007, they travelled from Pakistan to India intending to seek
asylum. On 23 April 2007, they staged a protest demonstration at Jantar Mantar, New Delhi, at
which they burnt the Pakistani flag as well as their passports and visa papers. In the absence of
valid visa and other travel documents, they were arrested by the local police and sent to Central
Jail Tihar.
102. Subsequently, their application for bail was denied with the reasoning that without local
address it would not be possible to secure their presence during the trial once released on bail. On
22 June 2007, 31 July 2007 and 24 August 2007, three women of the group gave birth to Ms.
Abhaya Gohar, Ms. Mary Gohar, Mr. Amir Gohar in detention; another detained woman is
pregnant. Several other detainees suffer from severe depressions and their constant screaming and
weeping frightens the children who are detained in the same ward. Their requests to the jail
authorities to provide separate accommodation for the female detainees with children have been
denied by the Additional Chief Metropolitan Magistrate of New Delhi on 28 May 2007.
103. The 65 above-mentioned persons are at risk of imminent forcible return to Pakistan. In
view of blasphemy and treason charges they may face there, the Special Rapporteurs expressed
their concern that their life and physical integrity may be at risk should they be returned to
Pakistan.
Observations
104. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She would like to take the opportunity to refer to her
last report to the General Assembly where she has dealt with the vulnerable situation of refugees,
asylum-seekers and internally displaced persons (see A162/280, paras. 38-63).
AIHRC/7/10/Add. 1
page 28
Indonesi a
Urgent appeal sent on 2 August 2007 jointly with the Special Representative of the
Secretary-General on the situation of human rights defenders
105. The Special Procedures mandate holders brought to the attention of the Government
information they had received regarding Rev. Socratez Sofyan Yoman who is the President of
the Communion of Baptist Churches in West Papua. He is also an active spokesman on the issue
of human rights, in particular relating to human rights violations allegedly committed by
Indonesian police and military forces in West Papua. On 29 July 2007 at approximately 5.30 p.m.,
following the Sunday service of the Baptist Church in Jayapura, Rev. Yoman was allegedly
subject to threats and intimidation at gunpoint by members of the Indonesian police force
(Brimob) and members of the military intelligence service. The policeman holding the gun was
reported to have been a member of Abepura local police force whose name is known to the
Special Representative and the Special Rapporteur. According to some reports, this behaviour
represents part of a campaign to force Rev. Yoman's resignation from his position as the
President of the Communion of Baptist Churches in West Papua. Rev. Yoman is reported stating
that military intelligence has infiltrated the Baptist church and are trying to subvert the work of
the church in relation to protecting the human rights of the West Papuan people.
Response from the Government dated 27 September 2007
106. The Government of Indonesia informed that Rev. Yoman was reportedly threatened at
gunpoint by a police officer as he was standing outside the Baptist church in Jayapura. Allegedly,
Rev. Yoman had told the officer he should not be at the church, because the Reverend suspected
police involvement in disturbing the work of the church with regard to human rights. Furthermore,
it was alleged that the officer was a member of the local police in Abepura and that he had the
support of the Brimob and the members of the Indonesian military (TNT) intelligence, who were
also reported to have been present.
107. The Government decries this incident which is in effect as unusual as it is unacceptable.
Furthermore, the Government indicated that the protection of all persons in Indonesia is
fundamentally entrenched in article 28(G) subsection 2, Article 28 (I) subsection 2, and other
provisions of the 1945 Constitution (and its subsequent amendment) as well as in the norms of
the Indonesian legislation. Indonesia as a country supports the endeavours of its numerous civil
societies and works equitably with non-governmental organizations to promote human rights
from the grassroots level upwards. Indonesia therefore recognizes the efforts of human rights
advocates as an important part of the process of human rights protection and promotion.
108. Furthermore, with regard to the allegation that this incident was religiously motivated, the
Government wished to point out that it recognizes and respects the freedom of religious belief
This is evident in the provisions of Article 28 E subsections (1) and (2) of the second amendment
of the Constitution, which respectively state “Every person shall be free to adhere to his/her
respective religion and to worship according to his/her religion” and “Every person shall have the
right to the freedom to believe his/her faith and to express his/her views and thoughts, in
accordance with his/her conscience”.
109. Indonesia's commitment to the promotion and protection of human rights and fundamental
freedoms is, among others, also reflected in its National Plan of Action of 2004-2009 and Article
AIHRC/7/10/Add. 1
page 29
28 (I) subsection 5 of the Constitution, which both embody the effort that is geared towards
ensuring a full and applicable protection of human rights and fundamental freedoms. The former
also allows for the training of local authorities and law enforcement officials to this end.
Notwithstanding this, it should be noted that the police is not permitted to use coercion or force
as an intimidation tactic on individuals, whether for religious, racial or other reasons.
110. The Government emphasized that therefore, whilst this matter is being investigated to
determine the veracity of the facts, it is important that the authorities be allowed the space to
establish who is responsible for this incident as well as the exact facts leading up to the
allegations. The Government set out that when this is determined and only following the decision
of appropriate authorities can a punitive judicial trail and ruling be carried out.
Observations
111. The Special Rapporteur is grateful for the Government's response and she would be
appreciative to be informed of recent developments in that case.
Communication sent on 26 November 2007
112. The Special Rapporteur brought to the attention of the Government information she had
received regarding the local Bahá'I community in Pablo, Donggala district, Central Sulawesi.
On 7 November 2007, the Governmental Office of Religious Affairs in Pablo attempted to force
members of the local Baha'I community to recant their faith. Camera crews from national TV
stations were present while the Baha'I were called in, intimidated and pressured to recant their
beliefs. Two of them gave in to the pressure and recanted, agreeing to return to Islam, while the
others refused to do so. Furthermore, the local Office of Religious Affairs in Pablo told the
Baha'Is that their houses would be burned and that their safety could not be guaranteed. Prior to
the incident, local and national media had focused attention on the issues of conversion and
apostasy, explicitly referring to 31 residents of Banpers village in Pablo sub-district who had
converted their belief in Islam into that in Baha'I.
113. Furthermore, although the Bahá'I Faith is currently not included in a list of banned
“Islamic sects”, the Government reportedly mandated the Council of Ubemas to watch over
movements not on the list and to propose those that, in its view, should be banned in future.
Observations
114. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She would like to emphasize that Article 18,
paragraph 2, of the International Covenant on Civil and Political Rights states that “ [ n b one shall
be subject to coercion which would impair his freedom to have or to adopt a religion or belief of
his choice”. Furthermore, each State also has the positive obligation of ensuring that the persons
on their territory and under their jurisdiction, including members of religious minorities, can
practise the religion or belief of their choice free of coercion and fear. Violations and limitations
of the freedom to adopt, change or renounce a religion or belief are unacceptable. The Special
Rapporteur has dealt with the question of conversion in her 2005 report to the General Assembly
(see A160/399, paras. 40-68), in which she identified situations, where State agents try to convert,
reconvert or prevent the conversion of persons as one of the issues of concern.
AIHRC/7/10/Add. 1
page 30
115. Furthermore, the Special Rapporteur would like to reiterate (see AIHRC/6/5, para. 19)
that no religious group should be empowered to decide about the registration or ban of another
religious group.
Islamic Republic of Iran
Urgent appeal sent on 20 December 2006 jointly with the Chairperson-Rapporteur of the
Working Group on Arbitrary Detention
116. The Special Rapporteurs brought to the attention of the Government information they had
received regarding Ms. Shirin Sadeg Khanjani, residing in Tehran, and her father Mr. Shahin
Taghizadeh, City of Rasht, Mr. Behrooz Sadeg Khanjaui, Tehran, and his father Mr. Yoosuf
Noorkhani, Mr. Hamid Reza Tolooinia, Tehran, and his father Mr. Parviz Khalajzamaui, City
of Rasht, Mr. Bahman Irani, Karaj County, Province of Tehran, Mr. Behnam Irani, Karaj
County, Mr. Mohammad Ballad, City of Rasht, Mr. Payman Salarvand, City of Rasht, and Mr.
Sohrab Sayadi, City of Rasht, all Iranian nationals and of Christian belief
117. According to the allegations received, on 10 December 2006, they were arrested by
officers of the internal security forces in Tehran, Karaj County, and the City of Rasht, together
with Mr. Mathias Hagnejad, Mr. Davood and Mr. Amin, who have since been released. The
arrests were made to prevent them from engaging in religious ceremonies for Christmas. Security
officers also searched the homes of the persons concerned and seized books, CDs and
photographs. Following their arrests, family and friends gathered peacefully in front of the prison,
in which the above named persons have been detained. Their request for release was met with
excessive force by both inland security forces and police officers. Furthermore, according to the
allegations received, Iranian inland security forces have also pressured members belonging to
religious minorities to return their identification documents to the Iranian Ministry of hiformation
and Security.
Response from the Government dated 4 April 2007
118. The Government maintained that the individuals mentioned in the urgent appeal had
established illegal gatherings according to the current regulations in the Islamic Republic of Iran.
Their detention was based on their illegal activities and has nothing to do with their participation
in Christmas Ceremonies. They have all produced letters confirming their illegal activities and
have been subsequently released.
119. The Government also wished to draw the Special Rapporteur's attention to the opinion
expressed by the Council of Assemblies of God Churches, which is a recognized association of
Christians in Iran. That Council has dissociated itself from the activities of this group and their
association to the Iranian Christians has been denied by the latter.
AIHRC/7/10/Add. 1
page 31
Observations
120. The Special Rapporteur is grateful for the Government's response. She would like to take
the opportunity to emphasize that freedom of religion or belief is not limited to members of
registered religious communities and does not depend on the approval of recognized religious
associations.
Communication sent on 24 April 2007
121. The Special Rapporteur brought to the attention of the Government information she had
received according to which Bahá'I students in several primary, middle and high schools across
the Islamic Republic of Iran were subjected to harassment, vilification and other forms of abuse
by their teachers and school administrators. These Baha'I students have allegedly been forced to
identify their religion and then they were insulted, degraded, threatened with expulsion and, in
some cases, summarily dismissed from school. In January/February 2007 some 150 such
incidents were reported from ten different cities across the country. At high school level, most
attacks were directed against female students, i.e. 68 out of 76 reported incidents. Moreover, 94
out of 178 Baha'I students accepted into universities for the current academic year are reported to
have been summarily dismissed. Many of these students were told verbally that they had been
expelled because of their adherence to the Bahá'I faith.
122. Furthermore, it was reported that Bihnam SaltanatAkhdari, an 85 year old Baha'I
woman, was murdered in her home on the night of 16 February 2007. She had been bound,
gagged and brutally assaulted. The following night, Shah Baygum Diqhani, a 77 year old Baha'I
woman, was lured out of her home by a masked intruder and was attacked in her garden with a
rake. Her screams caused the assailant to flee and she crawled to a neighbour's house. Although
Mrs Diqhani received medical attention for broken hands, broken ribs, head injuries and critical
damage to her kidneys and liver, she died 17 days later.
Response from the Government dated 20 June 2007
123. The Government stated that the information required to enable the Judiciary of the Islamic
Republic of Iran to take the necessary action and pursue the case, such as details and
particularities of the people referred to in the allegation letter, was lacking. The Government
reiterated its willingness to cooperate with OHCHR and the Special Rapporteur, howevei it
wished to respectfully remind that letters of allegations lacking details should not have been
included in the procedure. The Government requested further information regarding the students,
schools and universities involved as well as address and the dates of the passing away of Ms.
Akhdari and Ms. Diqhani, including any information on the legal action taken by the families and
relatives of the deceased individuals.
Observations
124. The Special Rapporteur is grateful for the Government's response. She has provided
details and further related allegations in a communication dated 12 February 2008 which will be
covered in her next report summarizing the cases transmitted to Governments and replies
received.
AIHRC/7/10/Add. 1
page 32
Urgent appeal sent on 2 May 2007 jointly with the Special Rapporteur on violence against
women
125. The Special Rapporteurs brought to the attention of the Government information they had
received regarding the arrest of 278 women on 21 April 2007 alone for wearing overly loose
headscarves or tight coats. 231 of these women were released after they signed papers promising
they will not appear again “inadequately dressed in public”. Allegedly, until 29 April 2007,
police in various cities of the Islamic Republic of Iran have also stopped and warned at least
16,000 women who were showing too much hair or wore a headscarf deemed too colourful. The
Iranian Police Chief, Mr. Esmaeil Abmadi-Moqaddam, reportedly stated on 18 April 2007 that in
2006 more than one million women were stopped relating to the way they wear the hilab (Islamic
veil) and 10,000 charged for violating the dress code.
Observations
126. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She has already covered the question of religious
symbols in detail in her 2006 report to the Commission on Human Rights and she would like to
reiterate that “ [ flhe fundamental objective should be to safeguard both the positive freedom of
religion or belief as manifested in observance and practice by voluntarily wearing or displaying
religious symbols, and also the negative freedom from being forced to wear or display religious
symbols” (see E/CN.4/2006/5, para. 60).
Urgent appeal sent on 30 August 2007 jointly with the Chairperson-Rapporteur of the
Working Group on Arbitrary Detention, the Special Rapporteur on the independence of
judges and lawyers, the Special Rapporteur on the question of torture and the Special
Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of
physical and mental health
127. The Special Rapporteurs brought to the attention of the Government information they had
received regarding Shi'a cleric Ayatollah Sayed Hossein Kazemeyni Boroujerdi, Iranian citizen,
aged 49. According to the information received, Mr. Boroujerdi's trial was held on 10 June 2007
before the Special Court for the Clergy. He was denied legal counsel. It was unclear whether he
was sentenced to death or whether his case is still under consideration. Allegedly the trial was
related to Mr. Boroujerdi's religious views since he supports freedom of religion and the
separation between religion and politics.
128. Mr. Boroujerdi is currently detained in Evin prison, where, on top of the severe conditions
of detention, he has been beaten and had cold water spilled on him while he was sleeping.
Although he suffers from Parkinson's disease, diabetes, high blood pressure and heart problems,
Mr. Boroujerdi had reportedly been denied permission to seek treatment at the prison's medical
facility until he started a hunger strike on 22 July 2007.
Observations
129. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She would like to refer to her framework for
communications, more specifically to the international human rights norms and to the mandate
practice concerning “Freedom of expression including questions related to religious conflicts,
AIHRC/7/10/Add. 1
page 33
religious intolerance and extremism” (see above para. 1, category IV. 1.).
Ir aq
Urgent appeal sent on 6 June 2007 jointly with the Independent Expert on minority issues
130. The Special Procedures mandate holders brought to the attention of the Government
information they had received regarding attacks on members of Christian minority
communities in Baghdad. They were informed that attacks on Christian communities had
recently intensified in Baghdad, in particular in al-Dora areas of Altu'ama Al-Mua'alimeen, Abu-
Taiara, Mechanich and Asia, all of which witnessed campaigns of intimidation, threats,
kidnappings and killings by various criminal armed groups. Allegedly, Iraqi official security
forces did not have a regular presence or patrol in al-Dora and were seen only during official
house searches/raids, and when people called to report dead bodies on the streets, left for 3-5
days before being collected.
131. According to the information received, between 15 April and 20 May 2007, churches in
the Rusafa district of Baghdad received 300 displaced families, all of whom needed immediate
support. This number reportedly does not reflect the total number of all displaced Christians in
Iraq in the past two months, as many of them have either left Iraq or sought shelter in the
northern parts of the country. Interviewed families reported family members killed and that their
bodies were left on the streets for days, before Iraqi police or members of the Multi-National
Force — Iraq (MNF-I) were able to collect them. Residents understood that if they went to collect
the bodies, they themselves would be killed. By the time the bodies were collected by the MNF-I
or Iraqi security forces, they were in a much decomposed state.
132. The family of Arkan Wadeea represents one example. lii December 2006, Mr. Wadeea's
wife was killed meters from their rented house in al-Dora, in violence following reports
concerning the Pope's alleged comments on Islam. He was unable to collect her body for five
days until MNF-I troops came to do so. Upon his collecting her body from al-Yarmouk hospital it
was evident that dogs had attacked the body. Mr. Wadeea then moved to live with his father who
resides in a house where he worked as a guard. On 8 May 2007 at 10 p.m., five armed men with
covered faces stormed the house and ordered them to leave. The next day he left together with his
father.
133. In April, 2007, a Christian man owning a stationery shop was kidnapped in the al-Dora
District and his family paid a ransom to secure his release. In early May, an armed group stormed
their house and kidnapped his four daughters.
134. In May 2007, Um Rana, also a Christian, found a threatening letter at her home in al-
Dora advising that her family had three choices: convert to Islam, pay “jizya” of 250,000 Iraqi
Dinars or leave the house on the same day without taking their belongings, failing which her
family would be killed. The family left and now lives with relatives in Baghdad's al-Baladiyat
area.
135. In April 2007, churches in al-Dora were allegedly threatened with attack if their crosses
were not removed. Priests obeyed and cancelled Easter ceremonies to avoid attacks. Later threats
against Christians increased and some families found messages demanding that they leave their
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houses inscribed on the walls of their houses. Those who refused to leave were subsequently
reportedly killed.
Observations
136. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She wishes to emphasize that States have an
obligation under international human rights law to guarantee the right of minorities to profess and
practise their own religion. The State remains responsible even when abuses are committed
against minorities by non-State actors and States are also required to encourage conditions for
promoting the identity, including the religious identity, of minorities.
Jordan
Communication sent on 23 October 2007 jointly with the Special Rapporteur on
extrajudicial, summary or arbitrary execution and the Special Rapporteur on the question
of torture
137. The Special Rapporteurs brought to the attention of the Government information they had
received regarding Mr ‘Ala' Abu ‘Utair and approximately 2100 prisoners held at Swaqa
correction and rehabifitation centre. According to the information received, in July and August
2007, they were subjected to repeated beatings with truncheons, electrical cables and steel balls
attached to steel chains by about 300 officers of a “Special Police Force”. The officers entered the
cells, dragged out the prisoners and beat them in the adjacent courtyard. The prisoners did not
receive any medical care following these beatings, although some were severely injured. Several
prisoners were unable to walk because of injuries to their legs. Two prisoners, one of them ‘Ala'
Abu ‘Utair, died as a result of the ill-treatment.
138. During the same period, the Muslim prisoners who had beards were forcibly shaved and
subjected to other restrictions, e.g. they were not allowed to leave their cells 24 hours per day.
Starting in September, the situation improved slightly in terms of access to food and access to
family members, and exercise. The prison director, named Majed, was removed. Howevei
reportedly, no investigations into the allegations of the deaths in custody or torture were initiated
and none of the perpetrators were brought to justice.
Observations
139. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. Persons deprived of their liberty are in a particularly
vulnerable situation, also with regard to freedom of religion or belief The Special Rapporteur
would like to emphasize that it is crucial to provide the personnel of detention facilities with
adequate training, raising awareness and enhancing their sensitivity about their duty to promote
and respect international human rights standards for the treatment of prisoners, in particular the
right to freedom of religion or belief
AIHRC/7/10/Add. 1
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Kazakhstan
Communication sent on 4 December 2006
140. The Special Rapporteur brought to the attention of the Government information she had
received according to which on 21 November 2006 state authorities began bulldozing five Hare
Krishna-owned country houses at their commune in Karasai district on the outskirts of Almaty.
Concern has been expressed that only houses which are owned by Hare Krishna believers have
been targeted for confiscation and destruction. It was reported that Hare Krishna devotees formed
the commune after buying a 47.7-hectare piece of land with a farm in 1999. Confiscation of the
land allegedly may lead to disintegration of one of the largest communities of Hare Krishna
devotees in Central Asia. According to further allegations, the district authorities have also
refused to allow the Hare Krishnas to celebrate a religious festival.
Response from the Government dated 28 November 2007
141. The Government referred to the findings of the interdepartmental commission for land
disputes in the case involving the religious association “Society for Krishna Consciousness”. This
decision confirmed the lack of any religious discrimination in this conflict. The commission
found that the court proceedings were instituted against specific individuals for violations of
current legislation (improper use of plots of land; forgery of titles by unauthorized modification
of the indicated purpose of a plot of land; failure to comply with government rules relating to
architecture, town planning and construction, as well as fire safety and health) and accordingly
decided that there is only a dispute of an economic nature.
142. The commission reported that the “Society for Krishna Consciousness” had not requested
the local authorities to grant plots of land for the installation of religious structures. In the cities
of Astana and Almaty as well as in six oblasts, a total of 10 communities of the “Society for
Krishna Consciousness” have been registered without hindrance and are currently operating.
They are playing an active part in activities designed to strengthen inter-confessional concord and
there are no conflicts in their relations with State agencies.
143. The leadership and representatives of the “Society for Krishna Consciousness”, who are
attributing a religious character to this dispute, have reported the alleged destruction of a Hindu
temple and persecution of followers of the Hindu faith. The commission found this to be at
variance with the facts and defined the matter as demolition of houses erected without permission
and following the improper use of plots of land. None of the houses erected without permission
had been registered as a religious structure in accordance with Kazakhstan legislation. The Office
of the Procurator-General, which is the highest State supervisory body responsible for ensuring
the precise and uniform application of the law, found that all the judicial decisions handed down
in this matter are well-founded and lawful.
144. The representatives of the “Society for Krishna Consciousness” accuse the local
authorities of withholding consent to the privatization of the plots of the religious association.
The commission pointed out that to date the members of the Society lawfully own 19 housing
plots in the Eltai rural territory of Karasai district. According to the commission, this
demonstrates that the local authorities have no claims against members of the “Society for
Krishna Consciousness” whose house-building is in keeping with Kazakhstan legislation relating
AIHRC/7/10/Add. 1
page 36
to land, architecture and town planning, and this also shows the unfounded nature of the
accusations made by the representatives of the association.
145. In Almaty oblast over 330 religious structures, including 222 Muslim mosques, 39
Orthodox churches, S Catholic churches, 85 Protestant temples and other places of worship and 1
Jewish synagogue, have been built and are operating. For this reason the Commission
recommended that the leadership of the “Society for Krishna Consciousness” contacts the local
authorities in connection with the allocation of a plot of land for the construction of a religious
structure. The leadership of the religious association was originally offered a choice of three plots
of land in Almaty oblast. Later, in the light of the wishes of the community's leadership, a plot of
land in the village of Ostemir in Nura rural territory, Talgar district, 60 kilometres from Almaty,
was offered. The settlement, which has 2,000 inhabitants, enjoys all amenities (electric power,
water supply, roads), a 300-place secondary school, etc. Despite the interest expressed in
obtaining the plot referred to, the leadership of the religious association has not so far lodged the
corresponding application with the local authorities. It should be pointed out that over 5,000
persons are on a waiting list to obtain plots of land in the district.
146. The commission also considered it essential to refer to a note from the Embassy of
Kazakhstan in India concerning the official position of the Government of India on this issue.
The Indian Ministry of Foreign Affairs maintains the following position: “This matter affects
citizens of Kazakhstan and should be resolved within the framework of domestic legislation in
Kazakhstan. The interests and rights of Indian citizens have not been infringed, and accordingly
the Government of India has no grounds for interfering in the internal affairs of the friendly State,
and no intention of doing so.”
Observations
147. The Special Rapporteur is grateful for the Government's response.
Libya
Urgent appeal sent on 13 February 2007 jointly with the Special Rapporteur on the human
rights of migrants and the Special Rapporteur on the question of torture
148. The Special Rapporteurs brought to the attention of the Government information they had
received concerning 430 Eritrean nationals, including over 50 women and children. 130
detainees, including several women and children, are detained at a detention centre in al-Marj,
1,000 km from Tripoli, while the remaining 300 are detained in Misratah, about 200 km from
Tripoli.
149. Allegedly, the majority of the detainees are conscripts who fled Eritrea to avoid military
service. The right to conscientious objection is not recognized in Eritrea. Military service in
Eritrea is compulsory for men aged 18 to 40 and for women aged 18 to 27. Military offenders are
punished without due process. The 430 individuals are facing imminent deportation to Eritrea.
During their detention, Libyan authorities have reportedly beaten and raped or sexually abused
some detainees. Concerns were expressed that, should they be forcibly returned to Eritrea, they
may be at risk of torture or ill-treatment, as well as for potential persecution with regard to their
AIHRC/7/10/Add. 1
page 37
freedom of thought, conscience and religion. Further concern was expressed for their physical and
mental integrity while in detention.
Response from the Government dated 10 May 2007
150. According to the Government, the information received by the Special Rapporteurs is not
true. It is taken from sources whose credibility is doubtful, relying as it does on reports from
some Eritrean nationals and non-governmental organizations. There are 164 Eritreans currently
being held in centres for illegal migrants after being caught attempting to migrate illegally to
Europe. They are being well-treated and are provided with humanitarian and health assistance, as
witnessed by many foreign media representatives and delegations from States and non-
governmental organizations which have visited these camps.
151. The Government further stated that Eritrean nationals come to the Great Jamahiriya, either
because they are fleeing from compulsory military service or for other reasons. Most of them
enter Libya as a transit zone and are bound for the northern shores of the Mediterranean Sea. This
is a breach of the laws in force in the Great Jamahiriya. The Special Rapporteurs should therefore
address this outrageous situation, in accordance with their mandates, with the State of origin,
instead of directing insults and rash accusations at the Great Jamahiriya. The repatriation of these
Eritrean nationals is an appropriate step to take, especially as this is what most of them want after
failing in their attempt to migrate illegally to European shores.
152. The Government wished to add that it is important to distinguish between persons who
enter the Great Jamahiriya illegally with a view to migrating to other States and those who enter
as refugees seeking protection from persecution on account of their political views, race, religion
or social status. Many people tend to confuse the two. Act No. 6 of 1987 regulates alien entry,
residence and departure from Libya. Anyone who breaches this Act will be arrested and detained
in designated places of detention and the competent authorities shall take legal proceedings
against them. According to the Great Green Document on Human Rights, the Promotion of
Freedom Act and the relevant laws, and pursuant to the International Covenant on Civil and
Political Rights and the Convention against Torture, to which Libya is a party, the competent
Libyan authorities have no right to extradite or repatriate an individual where there is evidence to
show that that individual will be subjected to torture or an unfair trial.
153. The Great Green Document and the Freedom Act guarantee freedom of conscience,
expression and opinion and freedom of worship. Everyone is entitled to security of person and
not to be subjected to cruel, degrading or inhuman treatment. Article 431 of the Criminal Code
prescribes a sentence of imprisonment for public officials who use violence against individuals.
Article 435 of the Code prescribes a term of imprisonment for any official who commits or orders
torture. Some members of the police may use force during arrests in order to deal with
individuals who resist arrest. One police officer has been convicted for abuse of authority. These
are isolated cases and those responsible face the most severe criminal and disciplinary penalties
when evidence of their guilt is presented.
Observations
154. The Special Rapporteur is grateful for the Government's response. She would like to take
the opportunity to refer to her last report to the General Assembly where she has dealt with the
vulnerable situation of refugees, asylum-seekers and internally displaced persons (see A162/280,
AIHRC/7/10/Add. 1
page 38
paras. 38-63). A refusal to perform military service in the refugee's country of origin may give
rise to a well-founded fear of persecution and relevant UNHCR documents (see/bid, para. 58)
provide that refugee status may be established if the refusal to serve is based on genuine political,
religious or moral convictions or valid reasons of conscience. In conscientious objector cases, a
law purporting to be of general application in the country of origin may be persecutory where it
impacts differently on particular groups, where it is applied in a discriminatory manner or where
the punishment is excessive or disproportionately severe or where it cannot reasonably be
expected to be performed by the individual because of his or her genuine beliefs or religious
convictions.
Malaysia
Urgent appeal sent on 22 December 2005
155. The Special Rapporteur brought to the attention of the Government information she had
received regarding Mr. Everest Moorthy. According to the allegation received, Mr. Moorthy is
scheduled to be buried on 23 December 2005 according to Islamic religious rites because he
allegedly converted to Islam a few weeks before he died. However, it is also reported that the
family of the deceased is opposing such funerals because they contest the genuineness of the
conversion. They, inter alia, claim that they were not informed of the conversion by the deceased
himself although they had been continually in contact with him before he died. Moreover, the
conversion of Mr. Moorthy did allegedly not take place under the usual procedure. It is also
reported that while the case has been brought to the High Court of Malaysia to determine the
genuineness of the conversion, its first hearing would only take place on 29 December 2005
without having stayed the funerals.
Response from the Government dated 16 March 2007
156. The Government declared that the facts concerning Mr. Moorthy's death were as follows.
Mr. Moorthy was a member of the Malaysian Army, Special Forces. Following an accident at the
Sungai Udang Army Camp in 1998, he became paralyzed from the waist down, confining him to
a wheelchair. He became interested in Islam and for months, he learned about the religion from
officers from the Religious Corp at the Kementah Camp. At least five army officers visited Mr.
Moorthy regularly at the Kementah Camp to teach him about the religion of Islam.
157. On 11 October 2004, Mr. Moorthy made an official application to Captain Shukri bin Haji
Yahya, Religious Army Officer of the Kementah Camp, to convert him to Islam. However, Mr.
Moorthy had made an explicit request that his conversion be kept a secret from his wife and
family members. Already for several months before the application date, Mr. Moorthy had
learned and been exposed to the religion of Islam. He had also uttered the two clauses of the
Affirmation of Faith (Syahadah) prior to the official application to verify the conversion. After
the verification of his conversion by the Religious Army Officer of the Kementah Camp, Mr.
Moorthy attended the mosque a few times to perform his duties and obligations as a Muslim.
Nevertheless, the registration of Mr. Moorthy's conversion to Islam with Maijis Agama Islam
Wilayah Perseketuan (MAIWP), a formal requirement under the law, had to be postponed due to
his condition. He was only brought to the office of the registrar of Muallafs, MAIWP on 8 March
2005. After interviewing Mr. Moorthy, the Deputy Director of the Muallaf Unit, MAIWP, was
satisfied that the requirements of section 85 of the Administration of Islamic Law had been
AIHRC/7/10/Add. 1
page 39
fulfilled. Mr. Moorthy's conversion was duly registered, in accordance with the standard
procedure.
158. On 11 November 2005, Mr. Moorthy fell from his wheelchair and was admitted to
hospital in a comatose state. On 1 December 2005, Mr. Moorthy's wife, Ms. Kaliammal, was
informed that her husband had converted to Islam and should be given an Islamic burial in the
event of death. She was shocked that she had not been informed about her husband's conversion.
According to Captain Shukri, Ms. Kaliammal had admitted that her husband had informed her of
his intention to convert to Islam and asked to join him, which she declined. Although Mr.
Moorthy did not inform his wife, not wanting to cause her grief, there was evidence of Islamic
religious books at their residence, which were frequently read by Mr. Moorthy.
159. Mr. Moorthy passed away on 20 December 2005. The officers from the MAIWP wished
to claim the body, to which the wife and family members had strongly objected. Ms. Kaliammal
wanted to bury her late husband according to Hindu rites however the Director of the hospital had
refused to hand over the body without a court order ordering the release of the body to a specific
party. On 22 December 2005, MAIWP obtained an cx parte order from the Kuala Lumpur
Shariah High Court, a competent court with jurisdiction to determine the validity of the
deceased's conversion to Islam, which inter al/a affirmed that Mr. Moorthy had converted to
Islam and thus ordered the release of his body to MAIWP for an Islamic burial. By virtue of the
court order, the hospital released the body to MAIWP on 23 December 2005. However, because
Ms. Kaliammal and her family members had objected to such release, the director of the hospital
and MAIWP consented to wait for a decision by the Kuala Lumpur High Court on the
Originating Summons filed by Ms. Kalliammal.
160. In the Originating Summons filed by Ms. Kaliammal on 21 December 2005, she prayed
for the following declaratory orders: a) that she is the lawful wife of the deceased at the time of
his death on 20 December 2005; b) that the deceased was a Hindu who practiced the Hindu way
of life prior to his death; c) that the deceased was not a Muslim at the time of his death; d) that all
documents pertaining to the conversion of the deceased to Islam were illegal, null and void; e)
that the Director of the KL Hospital was to release the deceased's body for the wife for burial;
and f) an interim injunction to stop MAIWP from claiming the body of the deceased until the
determination of this application.
161. MAIWP, the director of the hospital and the government of Malaysia conceded with a)
but objected to the rest. In its decision of 28 December 2005 the Kuala Lumpur High Court
allowed the prayer in a), however rejected the remaining prayers. The Court also decided not to
disturb the declaration that the deceased was a Muslim on the ground that the matter was under
the jurisdiction of the Shariah High Court. This decision was based on previous cases decided by
the higher courts in Malaysia, to which the Kuala Lumpur High Court was bound. Finally, the
Court also found that, according to Article 121(1 A) the civil court had no power to exercise
judicial review on the Shariah Court order, and could not ignore or nullify it.
162. Mr. Moorty's burial took place following the High Court decision of 28 December 2005,
even though the Shariah High Court, the court of competent jurisdiction, had delivered its
decision on 22 December 2005. Thus the Government found that the release of the body to the
MAIWP was done pursuant the order of a competent court and after giving Ms. Kaliammal every
AIHRC/7/10/Add. 1
page 40
opportunity to exhaust all available remedies. Ms. Kalliammal filed an appeal to the Court of
Appeal against the Kuala Lumpur High Court's decision. The appeal is still pending.
Observations
163. The Special Rapporteur is grateful for the Government's response. She would like to take
the opportunity to refer to her framework for communications, more specifically to the
international human rights norms and to the mandate practice concerning “Freedom to adopt,
change or renounce a religion or belief' (see above para. 1, category I. 1.).
Urgent appeal sent on 23 August 2006 jointly with the Special Rapporteur on the
independence of judges and lawyers and the Special Representative of the Secretary-
General on the situation of human rights defenders
164. The Special Procedures mandate holders brought to the attention of the Government
information they had received concerning Mr. Malik Jmtiaz Sarwar, one of two lawyers currently
representing Ms. Lina Joy, in the Federal Court of Malaysia. Ms. Joy is a Malay woman who has
renounced her Muslim faith and embraced Christianity, and the court proceedings are concerned
with whether she can renounce Islam and has the right to have the religious affiliation on her
identity card deleted. According to the information received, Mr. Sarwar is the subject of death
threats by an unknown group, which openly calls for the death of Mr. Sarwar because of his role
as a lawyer in the Lina Joy court case. Such threats include posters, titled “Wanted Dead”, which
describes Mr. Sarwar as a betrayer of Islam for his involvement in the Lina Joy court case and an
email message circulating on the Internet offers a monetary reward to anyone willing to kill him.
Concern is expressed that such threats are linked to the lawful professional activity of Mr. Sarwar
as a lawyer and may represent an attempt to intimidate lawyers who take on cases in defence of
right to freedom of religion or belief
Response from the Government dated 16 March 2007
165. The Government informed that Mr. Sarwar had lodged a police report about the threat
against him following a meeting with the Inspector-General of the Royal Malaysian Police on 21
August 2006. During that meeting, Mr. Sarwar informed the Chief of Police that two posters
were being circulated through c-mails which incited actions towards his death, thus constituting a
direct threat to his life. The police assigned Assistant Superintendant Sohaimi as the
Investigating Officer of that case. Following initial investigations carried out by the Royal
Malaysian Police, it was found that a poster entitled “Islam Denigrated! Muslims Threatened!”
had been disseminated at the Kuala Lumpur Federal Territory Mosque on 23 July 2006. The
same poster appeared on the Anti-Apostasy Action Front (FORKAD) website. The police has
classified the case under Section 507 of the Penal Code (criminal intimidation by an anonymous
communication), and is currently conducting further investigations to determine the identity of
the person who has uploaded the posters on the website. The police has also recorded statements
from 13 witnesses about the case thus far. At the same time, the police has also sought the
assistance of Telekom Malaysia to ascertain the identity of the source of the c-mails circulated.
Mr. Sarwar has expressed satisfaction with the level of cooperation extended to him by the Royal
Malaysian Police in finding a resolution to the case.
AIHRC/7/10/Add. 1
page 41
Observations
166. The Special Rapporteur is grateful for the Government's response.
Urgent appeal sent on 18 July 2006 jointly with the Special Rapporteur on the promotion
and protection of the right to freedom of opinion and expression
167. The Special Rapporteurs brought to the Government's attention information they had
received according to which over the previous month the Internal Security Ministry of Malaysia
had banned eighteen books, mainly devoted to the study of inter-religious matters, on the
grounds that they could have “disrupted peace and harmony”. Twelve of these books were printed
in English and the rest in Malay. The books have been banned under the Printing Presses and
Publications Act 1984 section 9(1), by which the Internal Security Ministry of Malaysia may
forbid any publication, article, caricature, photograph, report, notes, writing, sound, music,
statement or any other expression which it considers: a) To be prejudicial to public order, morality,
security, the relationship with any other country; b) To alarm public opinion or be contrary to any
law; or c) Is otherwise prejudicial to public interest or national interest.
168. The ban was enforced despite the recent approval, by the Malaysian Government, of the
Media Council Bill (2006) which seeks to ameliorate the most restrictive provisions included in
the Printing Presses and Publications Act 1984. It was also reported that more than forty-five
books have been banned by the Malaysian authorities since 2003.
Response from the Government dated 29 May 2007
169. The Government informed that the right of every Malaysian citizen to freedom of opinion
and expression is guaranteed by article 10(1) of the Federal Constitution, the highest authority
and source of law in Malaysia. This provision is in line with Article 19 of the Universal
Declaration of Human Rights. When elaborated in the International Covenant on Civil and
Political Rights, the right to freedom of opinion and expression was subject to the following
limitation, that”... in the exercise of his rights and freedoms, everyone shall be subject only to
such limitations as are determined by law solely for the purpose of ... meeting the just
requirements of morality, public order and the general welfare in a democratic society”. In line
with this, the Constitutional guarantee of the right to freedom of opinion and expression in
Malaysia is subjected to the same limitations. Article 10(2) of the Constitution states that
Parliament may by law impose restrictions on these rights in the interest of the security of the
Federation, friendly relations with other countries, public order and morality.
170. In Malaysia, all matters relating to the use of printing presses and the printing,
importation, production, publishing and distribution of materials are regulated by the Printing
Presses and Publications Act 1984 (hereinafter referred to as the PPPA). Under Section 7(1) of
the PPPA, it allows for the banning of a publication which is prejudicial or likely to be prejudicial
to public order, morality, security, the relationship with any foreign country or government, or
which is likely to alarm public opinion, or which is likely to be contrary to any law or is
otherwise prejudicial to public or national interest.
171. The publication of 18 books of various titles was banned bythe Malaysian authorities as
the content of the books were found to be inaccurate and contradicting the true teaching of Islam.
Such deviations may be prejudicial to public order and security. The Government also attached a
AIHRC/7/10/Add. 1
page 42
list of the banned publications. In essence, these publications contain one or more of the
following elements:
a) Theories, ideologies, statements or opinions with the purpose to influence readers on their
aqidah (faith), laws and teachings which contradict with the Ahl Sunnah Wal-Jamaah, observed
by Muslims in Malaysia;
b) Caricatures or illustrations of Prophets, the Four Caliphs and Angels, which are forbidden
in Islam;
c) Articles and alleged facts which conflict with the historical facts of Islam and its Ummah,
as agreed by Islamic historians;
d) Elements of Isra'iliyat — tales with ludicrous cultures, which are forbidden in Islam;
e) Quranic writings in languages other than Arabic, which may lead to different
interpretations of their true meaning.
172. The Government stated that publications which are in conflict with the true teachings of
Islam, if it is made available to the public without a certain amount of regulation, would create
confusion and misunderstanding about the religion. This could lead to the establishment of
deviant movements, which in turn could cause apprehension, stir strong emotional reactions and
create a detrimental environment within a plural society. The provisions contained in relevant
domestic legislation seek to ensure that Malaysia's multi-ethnic and multi-religious society
continues to grow and thrive without unnecessary friction caused by virtue of insensitive and
irresponsible publications. The Government maintained that the action it has taken in this matter
is in full compliance with the provisions of relevant domestic legislation and in keeping with the
provisions of the Universal Declaration of Human Rights.
Observations
173. The Special Rapporteur is grateful for the Government's response. She would like to
reiterate that all human rights are universal, indivisible and interdependent and interrelated. The
Special Rapporteur on freedom of religion or belief, the Special Rapporteur for the promotion
and protection of the right to freedom of opinion and expression as well as the Special
Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related
intolerance issued ajoint press release on 8 February 2006. The three mandate holders recalled
that religion or belief, for anyone who professes either, is one of the fundamental elements in his
or her conception of life and that freedom of religion or belief is protected as one of the essential
rights by article 18 of ICCPR. They also recalled that respect for the right to freedom of
expression, as articulated in article 19 of ICCPR, constitutes a pillar of democracy and reflects a
country's standard of justice and fairness. Peaceful expression of opinions and ideas, either orally,
through the press or other media, should always be tolerated. The press must enjoy large editorial
freedom to promote a free flow of news and information, within and across national borders, thus
providing an arena for debate and dialogue. Nevertheless, the use of stereotypes and labelling that
insult deep-rooted religious feelings do not contribute to the creation of an environment
conducive to constructive and peaceful dialogue among different communities.
AIHRC/7/10/Add. 1
page 43
Maroc
Lettre d'allégation envoyée le 18 janvier 2007 avec le Rapporteur special sur la promotion
et la protection du droit a la liberté d'opinion et d'expression
174. Les Rapporteurs spéciaux ont attire l'attention du Gouvernement Maroc sur la situation
concernant l'hebdomadaire <> et <>.
176. Le 8 janvier 2007, a l'issue de la premi Cre audience, le procureur du roi aurait requis une
peine de trois a cinq ans de prison ferme ainsi que l'interdiction d'exercer et une amende allant de
10 000 a 100 000 dirhams a l'encontre de M. Driss Ksikes et de Mme Sanaa Elaji. Ii aurait
egalement réclame la fermeture definitive dujournal.
Observations
177. La Rapporteuse speciale regrette qu'elle n'a pas reçu de rCponse du Gouvernement. Elle
voudrait souligner que tous les droits de l'homme sont universels, indissociables, interdependants
et intimement lies. La Rapporteuse speciale sur la liberte de religion ou de conviction, le
Rapporteur special sur la promotion et la protection du droit a la liberte d'opinion et d'expression
et le Rapporteur special sur les formes contemporaines de racisme, de discrimination raciale, de
xenophobie et de l'intolerance qui y est associée ont publie un communiqué de presse commun le
8 fevrier 2006. Les trois titulaires de mandat ont rappele que la religion ou la conviction
constituait, pour celui qui la professait, un des elements fondamentaux de sa conception de la vie
et que la liberte de religion ou de conviction devait être integralement respectée et garantie en
tant que l'un des droits fondamentaux consacrés par l'article 18 du Pacte international relatifaux
droits de l'homme. Ils ont egalement rappele que le respect du droit a la liberte d'expression, tel
qu'il est énoncé a l'article 19 de cet instrument, constituait un fondement de la democratic et
donnait la mesure du respect de lajustice et de l'impartialite dans un pays. L'expression pacifique
des opinions et des idees, que cc soit oralement, par le biais de la presse ou d'autres medias
devrait être toujours toleree. La presse doitjouir d'une vaste liberte editoriale pour pouvoir
promouvoir une libre circulation des informations a l'interieur des fronti Cres et par-dela les
fronti Cres, de façon a creer un cadre propice au debat et au dialogue. Toutefois le recours a des
stereotypes et des clichés qui heurtent des sentiments religieux profondement ancres ne contribue
pas a l'instauration d'un climat propice a un dialogue constructif et pacifique entre differentes
communautes.
AIHRC/7/10/Add. 1
page 44
Myanmar
Urgent appeal sent on 10 May 2007
178. The Special Rapporteur brought to the attention of the Government information she had
received concerning violations of the right to freedom of religion or belief in Myanmar,
particularly regarding members of religious minorities. According to the information received,
the State Peace and Development Council actively restricts freedom of assembly and does not
take action to prevent or punish the use of violence against those who manifest their religious
beliefs or question the religious persecution they are subjected to. Concerns have been expressed
about the requirement to obtain a permit for any gathering of more than five people.
179. With regard to Christians, some of their members reported having been forced to destroy
both their churches and public symbols of their religion. It has also been reported that at the
direction of the Government they have been forced to construct Buddhist pagodas, even in areas
where there is no Buddhist population. In addition, translations of the Bible in indigenous
languages are forbidden, and it is likewise illegal to import Bibles from abroad.
180. Muslims claim that they are not allowed to build new mosques and to extend or repair
existing mosques and madrassas. As a result, many mosques are left in a state of dilapidation. In
certain places, the land of the mosque was confiscated by the authorities such as in Sittwe where
a Buddha museum was built on the land of the mosque. Furthermore, under the 1982 Citizenship
Law, the Rohingyas were denied Myanmar citizenship, which has curtailed the full exercise of
their civil, political, economic, social and cultural rights and led to various discriminatory
practices.
181. Besides, Rohingya couples need to obtain a permission to marry and, if they get married
only in a religious way, which is not considered as an official marriage, they can be imprisoned.
These measures are only reportedly imposed to Rohingya Muslims and only in North Arakan.
According to two new regulations from October 2005, Muslim men, with the exception of
religious leaders, must shave their beard to be allowed to marry and couples need to sign a
declaration they won't have more than two children.
Observations
182. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She would like to refer to her framework for
communications, more specifically to the international human rights norms and to the mandate
practice concerning “Minorities” (see above para. 1, category III. 5.).
Urgent appeal sent on 28 September 2007 jointly with the Working Group on Arbitrary
Detention, the Special Rapporteur on extrajudicial, summary or arbitrary executions, the
Special Rapporteur on the question of torture, the Special Rapporteur on the situation of
human rights in Myanmar and the Special Representative of the Secretary-General on the
situation of human rights defenders
183. The Special Procedures mandate holders brought to the attention of the Government
reports they have received indicating that, in the course of the past week or more, the military
had dispersed demonstrations, peacefully initiated by Buddhist monks, in Yangon and other
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cities by use of force, including teargas and beatings. According to the information received, the
armed forces had also fired indiscriminately into the crowds, thereby killing and injuring a
significant number of persons. The mandate holders had also received allegations that raids on at
least six monasteries have resulted in numerous monks being beaten and arrested. About 200
monks are said to be detained in two monasteries in Yangon alone.
184. In the light of these allegations, the mandate holders appealed to the Government of
Myanmar not to use excessive force on the protesters. Excessive or disproportionate use of force
can amount to cruel and degrading treatment and could, under certain circumstances, also
amount to torture.
Observations
185. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She would like to refer to resolution 5-5/1 the
Human Rights Council adopted at its fifth special session on 2 October 2007 and to the
comprehensive report of the Special Rapporteur on the situation of human rights in Myanmar
(AIHRC/6/14).
Urgent appeal sent on 21 November 2007 jointly with the Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression, the Special
Rapporteur on the situation of human rights in Myamnar and the Special Representative
of the Secretary-General on the situation of human rights defenders
186. The Special Procedures mandate holders brought to the attention of the Government
information they had received regarding Mr. U Gambira, Mr. Aung Kyaw Kyaw, Mr. Miii
Lwin and Ms. Su Su Nway. Mr. U Gambira is a Buddhist monk and human rights activist. He
was one of the leaders of the peaceful demonstrations that began in August 2007 in reaction to an
increase in fuel prices. He has also led the All-Burma Monks Alliance (ABMA). Mr. Aung Kyaw
Kyaw and Mr. Mm Lwin are, respectively, the brother and father, of Mr. U Gambira. Ms. Su Su
Nway is also a human rights activist, campaigning for workers' rights in Myanmar.
187. Mr. U Gambira has allegedly been charged with treason due to his leading role in the
August demonstrations, for which he faces either life imprisonment or the death penalty, and his
name also reportedly appears on a list of those individuals wanted by the authorities. As a result,
he went into hiding and he published an article indicating that hundreds of monks and nuns have
been beaten and arrested, that thousands of clergy have disappeared and that monasteries have
been looted or destroyed. Reportedly he was arrested on 4 November 2007 in Singaing. His
brother, Mr. Aung Kyaw Kyaw, and his father, Mr. Mm Lwin, were arrested in October 2007 in
an attempt to force him out of his hiding. Both Mr. Aung Kyaw Kyaw and Mr. Mm Lwin are still
being detained.
188. Ms. Su Su Nway was arrested on 13 November 2007, during the visit of the UN Special
Rapporteur on the situation of human rights in Myanmar. Ms. Su Su Nway was reportedly
arrested in the city of Yangon following an attempt to distribute leaflets near the hotel where the
Special Rapporteur was staying. Ms. Su Su Nway also took part in the August 2007
demonstrations and had been in hiding since the arrests of the suspected leaders of the protests.
She has been previously charged with criminal intimidation and given 18 months' imprisonment
in October 2005, following a successful lawsuit she brought against village authorities for the use
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of forced labor. On 9 May 2006, the Working Group on Arbitrary Detention rendered its Opinion
No. 4/2006 indicating that the detention of Ms. Su Su Nway is arbitrary, being in contravention
of articles 9, 10 and 19 of the Universal Declaration of Human Rights (AIHRC/4/40/Add. 1, pp.
50-5 1). Ms. Su Su Nway was released in June 2006.
Observations
189. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She would like to refer to the comprehensive report
of the Special Rapporteur on the situation of human rights in Myanmar, where the cases of Mr. U
Gambira, Mr. Aung Kyaw Kyaw, Mr. Mm Lwin and Ms. Su Su Nway are also mentioned (see
AIHRC/6/14, para. 51).
Nigeria
Urgent appeal sent on 4 September 2007 jointly with the Special Rapporteur on
extrajudicial, summary or arbitrary executions and the Special Rapporteur on the right to
education
190. The Special Rapporteurs brought to the attention of the Government information they had
received regarding the persecution of members of the Shia community in the Nigerian state of
Sokoto. According to information received, on 18 July 2007, Mr. Umar Danmashiyya, a Sunni
cleric was shot while he was leaving his local mosque. The Shia community, which is a minority
in the Nigerian state of Sokoto, has been collectively blamed for the killing of the Sunni cleric.
Shia groups were attacked in residential areas by mobs carrying machetes. As of 21 August 2007,
more than 70 homes have been destroyed, six Shia members have been murdered and more than
50 women and children are missing. Furthermore, the community's centre, clinic and schools
were also destroyed. Subsequent to street fights, the police arrested and detained 115 members of
the Shia community, including its leader Mr. Kasimu Rimin Tawaye. Allegedly, those acts
were carried out by a combined force of federal military, state police and mobs under police
protection, which use this assassination to discriminate against the Shia community of Sokoto.
Observations
191. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She wishes to emphasize that States have an
obligation under international human rights law to guarantee the right of minorities to profess and
practise their own religion. With regard to inter-faith and intra-faith conflicts, the State remains
responsible even when abuses and violence are committed against religious minorities by non-
State actors.
Pakistan
Joint urgent appeal sent on 15 February 2006 with the Chairperson-Rapporteur of the
Working Group on Arbitrary Detention
192. The Special Procedures mandate holders raised their concerns about the case regarding
Mr. Younis Masih, a citizen of Pakistan of Christian faith, resident in the Chunngi Amar Sadu
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area of Lahore. According to the information received, Younis Masih was arrested on charges of
blasphemy on 11 September 2005 and taken to Kot Lakhpat jail, in Lahore, where he is still
detained. Apparently, on 10 September 2005 a Muslim cleric filed a complaint against Younis
Masih, accusing him of blasphemy under Section 295C of the Pakistan penal code for having
allegedly made derogatory remarks about the Prophet Mohammed at a religious service.
Blasphemy charges carry the death penalty or life imprisonment. A first bail petition was rejected
by the session's court in Lahore in November 2005 and a second petition is currently pending in
the Lahore High Court.
193. The Special Procedures mandate holders are aware that people detained on blasphemy
charges in Pakistani prisons have been killed by fellow detainees or prison wardens, including at
Kot Lakhpat, the prison where Younis Masih is currently held. The mandate holders are
concerned that Younis Masih's life would thus appear to be in danger.
Responses from the Government dated 16 May 2006 and 7 September 2007
194. The Government indicated on 16 May 2006 (see AIHRC/4/21, para. 241) that Mr.
Younas Masih, son of Wason Masih, was admitted in Central Jail Lahore on 11 September 2005.
The Government stated that Mr. Younas Masih has been provided with all security jail facilities
according to jail rules. Special security arrangements have been put in place to ensure that there
is no threat to his life.
195. An additional response was sent to the Special Procedures mandate holders on 7
September 2007. The Government indicated that Mr. Masih's bail application was turned down
by the Lahore High Court on 30 May 2007. He was given the death penalty by the Additional
District and Session Judge Lahore. An application to the Lahore High Court against the decision
was filed by Mr. Masih's lawyer on 31 May 2007. Mr. Masih is presently in Central Jail Lahore
where he has been provided all facilities admissible underjail rules. The Government has issued
specific instructions to the Inspector General of Prisons of Punjab Province to ensure the safety
of Mr. Masih.
196. Under the law, the accused is provided every opportunity to prove his innocence, even
after his conviction in the trial court. The offender can exercise the right of appeal against the
conviction to the higher court. A sentence is carried out only when the convict has exhausted the
right of appeal provided bylaw. Mr. Masih's appeal is pending before the Lahore High Court.
197. The Government clarified that the Blasphemy law in Pakistan does not discriminate
against any specific individual or community. Also the Government has refined the law by an
amendment, whereby a case under Blasphemy Law cannot be registered against any alleged
offender, without a thorough preliminary investigation carried out by a senior police officer. This
safety clause guards against the misuse of this law.
Observations
198. The Special Rapporteur is grateful for the Government's responses. She would like to
stress the risk that efforts to combat blasphemy may be manipulated for purposes contrary to
human rights and that any blasphemy legislation should not be used to censure all inter-religious
and intra-religious criticism (see E/CN.4/2000/65, para. 111 and A162/280, paras. 75-77).
Furthermore, she would like to make reference to her predecessor, who stated in his country
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page 48
report on Pakistan that “applying the death penalty for blasphemy appears disproportionate and
even unacceptable” (see E/CN.4/1996/95/Add.1, para. 82).
199. International human rights law provides that States which retain the death penalty can only
impose it for “the most serious crimes”. In interpreting Article 6(2) of the International Covenant
on Civil and Political Rights, the Human Rights Committee has consistently rejected the
imposition of a death sentence for offences that do not result in the loss of life, finding only cases
involving murder not to raise concerns under the “most serious crimes” provision. As observed in
the last report to the Human Rights Council of the Special Rapporteur on extrajudicial, summary
or arbitrary executions, the conclusion to be drawn from a thorough and systematic review of the
jurisprudence of all of the principal United Nations bodies charged with interpreting the “most
serious crimes” provision, is that a death sentence can only be imposed in cases where it can be
shown that there was an intention to kill which resulted in the loss of life (AIHRC/4/20, para. 53).
Communication sent on 15 May 2007
200. The Special Rapporteur brought to the attention of the Government information she had
received concerning the arrest of four members from the Christian minority, Mr. Salamat Masih,
Mr. Sheela Masih, Mr. Green Masih and Mr. Iffefaq Masih from Toba Tek Singh in Punjab
province. According to the allegations received, on 1 April 2007, a report was filed with the Toba
Tek Singh police, claiming that Mr. Salamat Masih and four other Christian persons were
responsible for the desecration of posters containing Islamic verses. Blasphemy charges against
these Christians were made in a First Information Report (FIR) although no inquiry by a police
officer with a ranking of District Police Officer or above had been undertaken. Subsequently,
about 80 young Muslims attacked the Christian homes close to Bakhshi Park and several
Christians received injuries. When arriving at the scene of the incident, the city police did not
take any action to intervene. Mr. Salamat Masih and Mr. Sheela Masih have been arrested, while
the other people mentioned in the FIR have fled. Although Mr. Green Masih and Mr. fffefaq
Masih are not referred to in the FIR, they allegedly have also been detained by the police. The
police has indicated that they will not be released until all those mentioned in the FIR are arrested.
Observations
201. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She would like to refer to her framework for
communications, more specifically to the international human rights norms and to the mandate
practice concerning “Freedom of expression including questions related to religious conflicts,
religious intolerance and extremism” (see above para. 1, category IV. 1.).
Urgent appeal sent on 16 May 2007
202. The Special Rapporteur brought to the attention of the Government information she had
received regarding the members of the Christian community in Charsadda, North-West
Frontier Province. According to the information received, on 9 May 2007, Mr. Michael Masih
from Charsadda received an anonymous letter which threatened the entire Christian community
in Charsadda to “treat them with bombs” if they failed to either convert to Islam or leave the area
within the next ten days. Members of the Christian community in Charsadda take this threat very
seriously because additional threatening letters addressed to several video stores, girls' schools
and barbershops in the area have recently been followed by bomb attacks. The Christian
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community leader demanded of the federal and provincial governments to provide security for
the fifty Christian households living in Charsadda. Several members of the Christian community
already fled from Charsadda.
Response from the Government dated 19 July 2007
203. The Government indicated that the Christian community resides peacefully in the district
of Charsadda and practices its faith with freedom. There are about 45-50 Christian families (with
350-400 individuals) in Tehsil Charsadda, 14-15 families (with 100-120 individuals) in Tehsil
Shabqadar and one family (with 8-10 individuals) in Tehsil Tangi of the Charsadda district.
Chaudary Saleem Masih is an active member of the Christian community in the area. There are
three churches in the district: St. Peters Church at Charsadda Bazaar, Bible Church in the Sugar
Mills area, Charsadda and Frontier Church at the Christian Colony/Essa Abad near FC Fort
Shabqadar.
204. On 9 May 2007, a hand-written note was found near St. Peters Church, threatening the
Christian community to convert to Islam or leave the district within 10 days. However, no one
claimed responsibility for the note. A few days later, wall-chalking also appeared near the Bible
Church, against Christians. At the same time some unknown religious extremists sent threatening
letters to CD/Video/music centres, barber shops and girls schools. They targeted the businesses
for non-compliance of their instructions to close down. These activities were directed against the
locals and not against minorities.
205. In view of the attacks on the businesses, the Christian community took the letter seriously.
They immediately held a press conference on the issue. Some members of the Christian
community also tried to exploit the situation to further their interests.
206. The local Police made arrangements for the protection of Christians and their
establishments in the district. Security guards were also provided to notables of the community
and an inquiry was initiated into the matter under Section 156 Cr.PC. During the course of the
investigation, two teenagers confessed to the wall-chalking. On 31 May 2007, the police arrested
two students for sending threatening letters to the Christian community. Both confessed to have
sent the letters to frighten a school mate.
207. The Government stated that the cell of extremist elements that had sent the threatening
letters to the businesses has since been dismantled and arrests have been made. Since then, no
business has been targeted. Security arrangements for the Christian community and its important
buildings are still in place.
208. Furthermore, the Government added that it was clear from the text and hand-writing of
the letter sent to the Christian community that it was a prank, though with potentially serious
consequences. The text and hand-writing was different from the threatening letters sent to owners
of shops and girls schools. The letter was placed close to the Bible Church with a ten day
deadline; however no incident has occurred since. There is no overt threat to Christians. They are
living peacefully in the area and are satisfied with the security arrangements made by the local
police.
AIHRC/7/10/Add. 1
page 50
Observations
209. The Special Rapporteur is grateful for the Government's response. She would like to take
the opportunity to refer to Article 18(2) of the ICCPR which states that “ [ n b one shall be subject
to coercion which would impair his freedom to have or to adopt a religion or belief of his choice”.
Furthermore, each State also has the positive obligation of ensuring that the persons on their
territory and under their jurisdiction, including members of religious minorities, can practise the
religion or belief of their choice free of coercion and fear.
Communication sent on 18 October 2007 jointly with the Special Rapporteur on the
question of torture
210. The Special Rapporteurs brought to the attention of the Government information they had
received regarding Mr. Raja Fiaz, Mr. Muhammad Bilal, Mr. Nazar Zakir Hussain, Mr. Qazi
Farooq, Mr. Muhammad Rafique, Mr. Muhammad Saddique and Mr. Ghulam Hussain.
According to the allegations received, they are members of the Mehdi Foundation International
(MFI), a multi-faith institution utilizing mystical principles of Mr. Ra Gohar Shahi. They were
arrested on 23 December 2005 in Wapda Town and the police confiscated posters on which Mr.
Gohar Shahi was shown as “Imam Mehdi”. On 13 July 2006, the Anti-Terrorism Court No. 1 in
Lahore sentenced each of these persons to five years of imprisonment, inter alia, under section
295A of Pakistan's Penal Code for having outraged others' religious feelings. Since 27 August
2006, the seven men have been detained in Sahiwal Jail, Punjab, where they were forced to
parade naked, hung up in the air and beaten. Their prisoners' records are posted outside the cell,
falsely indicating that they had been sentenced on charges of blasphemy under section 295C of
the Penal Code. For this reason, they are constantly threatened and intimidated by prison staff as
well as by other detainees. One MFI member was targeted by several other inmates and sexually
assaulted. Subsequently, also staff members sexually abused him and pushed burning cigarette
butts in his anus, which left scars that can still be seen.
Observations
211. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegations. They show that persons deprived of their liberty and
members of religious minorities are in a particularly vulnerable situation and that the risk of
abuse may even increase if individuals are members of several vulnerable groups. The Special
Rapporteur would like to take the opportunity to refer to her framework for communications,
more specifically to the international human rights norms and to the mandate practice concerning
“Persons deprived of their liberty” (see above para. 1, category III. 2.) and “Minorities” (see
above para. 1, category III. 5.).
Philippines
Urgent appeal sent on 13 June 2007 jointly with the Chairperson-Rapporteur of the
Working Group on Arbitrary Detention and the Special Rapporteur on the question of
torture
212. The Special Procedures mandate holders brought to the attention of the Government
information they had received regarding V. Berlin Guerrero, 46 years old, pastor assigned at
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Malaban in the United Church of Christ in the Philippines (“UCCP”), currently in the custody of
the Philippine National Police at the Camp Pantaleon Garcia in Cavite. According to the
information received, on 27 May 2007 at 5.45 p.m. the pastor was arrested in front of Seven Star
gas station at Bgy. Casile, Binan, Laguna, by a sub-unit of the Philippines Armed Forces on
board of two L 300 FB vans whose plate numbers were covered. He was then handcuffed and
taken to a place he did not know and interrogated. He was forced to give names and addresses of
family members, colleagues and of leaders of non-governmental organizations in Southern
Tagalog as well as his password to enter his computer and c-mails. During the interrogation he
was severely beaten on his head with blunt objects, such as a water bottle and fists. Plastic bags
were put over his head and tightened until he could not breathe any more. He was forced to shake
his head for about an hour and was beaten when he stopped. He was threatened that his family
would suffer if he did not cooperate. He was also threatened with death, burning or burial. He
continued to be beaten throughout the whole interrogation session. He was also called “Pastor-
Impostor”, which offended his religious feelings. After about twelve hours, he was put back on
the van, still handcuffed and blindfolded, and taken to Camp Pantaleon Garcia. Mr. Guerrero has
been charged in connection with a murder case of 1990 and with inciting to sedition. Mr.
Guerrero's abduction is said to be linked to the fact that the UCCP has been included in a
military orientation document called “Knowing the Enemy” and listed as a leftist front
organization. About 30 UCCP pastors, lay workers have been killed since 2001.
Responses from the Government dated 26 July 2007 and 8 November 2007
213. Concerning the accuracy of the allegations, the Government indicated that Pastor Guerrero
was arrested at Binan, Laguna by elements of the Naval Intelligence and Security Force (NISF).
The arrest was carried out by virtue of Warrants of Arrest for Murder and Incitement to Sedition
issued by the Regional Trial Court (RTC) Branch 19 — Bacoorm Cavite and the Municipial Trial
Court (MTC) — Calamba City. The Government further added that Pastor Guerrero is a suspected
high ranking member of the Communist Party of the Phillipines/New People's Army (CCP/NPA)
operating in the Southern Tagalog region.
214. Upon his arrest, he was turned over to the Cavite Police Provincial Office and was
temporarily held at the Provincial Intelligence and Investigation Branch quarters in Cavite. He was
visited immediately by members of his family and friends including politicians. He was also
visited by the Special Investigators Quiteves and Abago of the Commission on Human Rights of
the Philippines (CHRP) together with a physician who conducted medical examinations on him.
215. The Government maintained that the alleged torture committed against him is an
exaggerated accusation concocted by the National Democratic Front (NDF) to articulate and
propagate the essence of their propaganda offensive. There was no complaint lodged by or on
behalf of Pastor Guerrero. There were no disciplinary or administrative sanctions imposed on the
alleged perpetrators.
216. An update was provided by the Government in a letter dated 8 November 2007. The
Government informed that Pastor Guerrero's case was pending before the Regional Trial Court
Branch 18 in Bacoor, Cavite, under Criminal Case No. B-91-254. Judge Garcia of the Regional
Trial Court has reset arraignment to 14 November 2007 and he ruled on 2 August 2007 that there
was no basis for Mr. Guerrero's release since he is charged with a non-bailable offense.
AIHRC/7/10/Add. 1
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217. The Government attached reports of the CHRP's investigation and of the Medico-Legal
examination. The Medico-Legal report's Interpretation of Findings stated the following: “The
above physical injuries sustained by the subject Lar d related to the ill-treatment dealt [ afl him.
Because the subject was being forced to admit that he is the head of a certain COM.PROV, or
Comiteng Provincia ng Cavite while being detained against his will [ thisi satisfies the criteria for
torture as defined under the UN Convention Against Torture.” The CHRP indicated that it will
further look into the case of torture as contained in the Medico-Legal report. It will continuingly
monitor the development of the case with the Court and provide regular updates.
Observations
218. The Special Rapporteur is grateful for the Government's responses and she would be
appreciative to be informed of recent developments in that case.
Romania
Communication sent on 5 January 2007
219. The Special Rapporteur brought to the attention of the Government information she had
received concerning a new Religion Law that was promulgated by President Traian Basescu on
27 December 2006. Concerns have been expressed that the law's three-tier system of state
recognition is inconsistent with fundamental human rights as it contravenes the principles of
equality and non-discrimination. There are said to be high thresholds to enter the most
preferential category of “recognized religious denominations” both in terms of the required
number of adherents and of the waiting period for new applications. Further concerns relate to
provisions that bar religious communities with similar names to existing recognized communities
from gaining recognition. It is also feared that the law's provisions concerning State funding to
recognized clergy and religious workers will make religious communities dependent on the state
and increase Government control over them. Moreover, the bans on “religious defamation” and
“public offence to religious symbols” might prevent people of one faith speaking about other
faiths.
220. Furthermore, reports indicated that the process of adoption of the law violated
parliamentary processes since the members of the Chamber of Deputies allegedly did not have
the required five days to consider the report and amended text from the Chamber's Juridical and
Human Rights committees before the text was debated and voted on in plenary session.
Observations
221. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. Her predecessor, Mr. Abdelfattah Amor, had already
commented on earlier drafts in the report of his country visit to Romania (see
E/CN.4/2004/63/Add.2, paras. 94-99). In addition, the current mandate holder also had sent an
urgent appeal on 21 October 2005 (see E/CN.4/2006/5/Add.1, paras. 306-312) but has not yet
received any reply. The Special Rapporteur wishes to receive further information from the
Government, including regarding the compatibility of its measures concerning religious
communities with relevant international human rights law.
AIHRC/7/10/Add. 1
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Russian Federation
Urgent appeal sent on 16 May 2007 jointly with the Chairperson-Rapporteur of the
Working Group on Arbitrary Detention, the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression and the Special Rapporteur on
the right of everyone to the enjoyment of the highest attainable standard of physical and
mental health
222. The Special Procedures mandate holders brought to the attention of the Government
information they had received regarding Mr. Dias Rafikov, a Russian national born in 1986,
currently in pre-trial detention in Kazan city, Tatarstan. According to the information received,
Mr. Rafikov, a practicing Muslim, was arrested by police officials on the early morning of 7
December 2006, and accused under articles 205, part 1, 272, and 282-1, parts 1 and 2, of the
Criminal Code of the Russian Federation, for involvement in terrorist activities, establishment of
an extremist organization, participation in an extremist organization and preparation of a change
of the constitutional order by violence.
223. Upon his arrest, the police conducted a search and seized several copies of Islamic
literature, films, and other documents. Mr. Rafikov was accused of having acted on behalf of
Hizb ut-Tahrir al-Islami, a party whose activities were banned in the Russian Federation by a
decision of the Supreme Court in 2003. However, Mr. Rafikov allegedly had no links with this
organization or with Islamic extremism. The police seized only Islamic literature, whereas in his
home there were also Christian and Hindu materials. Mr. Rafikov was interested in religion in
general and is a first-year student in psychology. Many of the witnesses during the seizure did not
pay attention to the police acts and it is not certain that all the materials recorded as seized had
actually been present in his house prior to the seizure.
224. Mr. Rafikov suffered from several diseases. His father requested a copy of his medical
record from the district medical unit to show it to the pre-trial detention centre authorities in order
for his son to receive the necessary medical treatment. The medical personnel refused to issue a
copy of the medical record, claiming that Mr. Rafikov was an extremist. This refusal was
reportedly due to acts of intimidation against the medical personnel carried out by members of
the Security Services, who had visited the medical unit earlier than Mr. Rafikov's father. Mr.
Rafikov's arrest and detention were ordered by a court and his pre-trial detention was extended
by courts on two occasions.
225. Concern is expressed that the arrest and detention of Mr. Rafikov is solely connected to
his peaceful exercise of his rights to freedom of opinion and expression and to freedom of
religion or belief Further concern is expressed as regards Mr. Rafikov's state of health and the
fact that the proceedings against him may have been instigated in order to enhance statistics
relating to activities in the fight against terrorism.
Response from the govermnent dated 30 July 2007
226. The Government informed that regarding the circumstances surrounding the arrest of Dias
Albertovich Rafikov, it has been ascertained that, following investigations by the authorities of
the Russian Federal Security Service, the above-mentioned citizen of the Russian Federation was
charged under the following articles of the Criminal Code of the Russian Federation: 205. 1
(Abetting terrorism); 282.1 (Setting up an extremist organization); 282.2 (Organizing the
AIHRC/7/10/Add. 1
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activities of an extremist organization); and 279 (Armed insurrection), also taking into
consideration article 30 (Preparing to commit an offence and attempted commission of an
offence). On 5 December 2006, criminal proceedings No. 606008 were instituted against Mr.
Rafikov by the investigations branch of the Republic of Tatarstan office of the Federal Security
Service. In accordance with the rules of the Russian Federation Code of Criminal Procedure, as a
measure of restraint imposed on the defendant, the court of the Republic of Tatarstan ordered
remand in custody, and this custody has since been extended by the court to 5 August 2007.
227. During detective operations, it was established that, when Mr. Rafikov learned of the 14
February 2003 decision of the Supreme Court of the Russian Federation declaring the so called
“Islamic Freedom Party” (“Hezb'-ut-Tahrir al-Islami”) a terrorist organization and banning it
from the territory of the Russian Federation, he had systematically organized and conducted
extremist activities in the interests of the said banned organization in the Republic of Tatarstan,
laying the groundwork for the perpetration of acts designed to bring about violent change of the
constitutional order of the Russian Federation. These activities led to his being charged with the
commission of the offence covered by article 278 (Preparations for the forcible seizure of power
or forcible retention of power) of the Criminal Code of the Russian Federation.
228. Mr. Rafikov's involvement in the perpetration of offences with which he is charged is
corroborated by the evidence gathered on his case. Pursuant to a judicial order of 7 December
2006, Mr. Rafikov's home was searched and extremist materials seized. During the search, books,
leaflets, pamphlets and other publications on the activities of the Islamic Freedom Party were
found. The search was conducted in compliance with the requirements of criminal procedure law.
Other searches carried out in the homes of 13 active members of the “Islamic Freedom Party”
revealed material containing information on the activities of the said organization. In addition,
plans and 1 kilogram of aluminium powder, which serves for the manufacture of home-made
explosive devices, were found. The searches of the homes of the accused, including Mr. Rafikov,
were carried out by a detective from the investigations branch of the Republic of Tatarstan office
of the Russian Federal Security Service. During these searches, no comments or statements by
the investigative officers were recorded in the search report.
229. Mr. Rafikov was transferred to pre-trial detention centre No. 1 of the State headquarters
of the Russian Federal Corrections Service for the Republic of Tatarstan and, upon admission to
this facility, underwent a medical check-up and examination. He did not report any health
complaints.
230. On 21 March 2007 and 11 April 2007, Mr. Rafikov sought medical attention from the
medical service of the pre-trial detention centre, in response to which he was given medical
examinations and prescribed the appropriate treatment for his conditions. He was placed under
medical observation by specialists at the medical service of pre-trial detention centre No. 1 for
the illnesses from which he was suffering. Currently, Mr. Rafikov is in satisfactory health and
shows no sign of aggravation of these chronic illnesses. The allegations that obstacles have been
placed in the way of Mr. Rafikov receiving medical assistance are unfounded. No requests for
medical checks have been submitted to the authorities at the pre-trial detention centre or to the
investigative authorities either by the accused or by his relatives.
231. The claims that staff at the district medical unit refused to issue medical records to Mr.
Rafikov's relatives have been investigated and found to be baseless. Upon his request, Mr.
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Rafikov's father was given a transcript from his son's outpatient card on 14 December 2006. A
second request based on Mr. Rafikov's alleged poor health and need of extensive treatment was
refused in early February 2007, on the grounds that there were no records of Mr. Rafikov's state
of health. The claims that medical personnel at the clinic had been intimidated by officials from
the Tatarstan headquarters of the Federal Security Service were checked and also proved to be
unfounded.
232. It was also established that Mr. Rafikov was admitted to Kazan pre-trial detention centre
No. 1 on 14 December 2006 and detained in cells which are furnished in accordance with the
requirements of Federal Act 103 of 15 July 1995, the Criminal Suspects and Defendants (Remand
in Custody) Act. Every cell is fitted with a sufficient number of sleeping places for the detainees
confined within it, the essential sanitary facilities, a television, a cabinet for storing food, proper
ventilation and adequate lighting. The check brought to light no evidence of failure by the staff of
the criminal corrections system to protect Mr. Rafikov's right to personal safety.
Observations
233. The Special Rapporteur is grateful for the Government's detailed response.
Saudi Arabia
Communication sent on 12 January 2007
234. The Special Rapporteur brought to the attention of the Government information she had
received concerning a group of 46 Ahmadiyya believers including women, minor children and
infants. According to the information received, Mr. Shamsuddin Koduvazhakkal, Mr.
Bashiruddin Shams, Mr. Basil Shamsuddin, Mr. Rehan Ahmad, Ms. Zainab Rehan, Ms.
Hiba Rehan, Ms. Faiza Rehan, Mr. Asad Ullah, Ms. Ramlah Asadullah, Mr. Shaheer Ahmad
Asad, Mr. Shaheen Ahmad Asad, Mr. Rafi Ahinad Qureshi, Ms. Arifa Qureshi, Ms. Anaam
Qureshi, Mr. Umair Ahinad Qureshi, Mr. Aziz Ahmad Qureshi, Mr. Mahinood Koorumban,
Mr. Shamsuddin C. K., Mr. Bashir Ahmad Panoolan, Mr. Mahmood Ahmad K. T., Mr.
Mohammad Athar, Mr. Suleman Ahinad, Mr. Sharaf-u-din, Mr. Abdul Aziz, Mr. Mushtaq
Ahmad, Mr. Ahmad Hussain Sun, Mr. Mohammad Fazil, Ms. Amtul Wadood, Mr. Malik
Ali Ahmad, Mr. Malik Mohammad Ahsan, Mr. Mahinood Ahmad Zafar, Ms. Shahida
Mahmood, Ms. Sandas Mahinood, Ms. Kamil Mahmood, Ms. Israa Mahmood, Mr. Asim
Ahmad Amar, Mr. Bashir Ahmad, Mr. Tanveer Ahmad, Mr. Amjad Ahmad Cheema, Mr.
Saghir Ahmad, Mr. Muzaffar Ahmad Cheema, Mr. Malik Abdul Razzaq, Mr. Muhammad
Sarwar, Mr. Qamar Ahinad, Mr. Naveed Ahmad, Mr. Muhammad Tahir have been taken
into custody on 29 December 2006 and were detained at the Bruman Tauqeef Al Ittehaad
Detention Centre in Jeddah.
235. These Ahmadiyya believers, who initially come from India, Pakistan and Syrian Arab
Republic, have reportedly been working and living in Saudi Arabia for years with valid residence
and work permits. They were apparently arrested without being given any reason and the
authorities are preparing their deportation to their countries of origin. Subsequent to the
interrogation of the detainees, seven additional male members of the Ahmadiyya community
were arrested on S and 6 January 2007. While many of the detainees apparently have been
released in the meantime, it is alleged that members of the religious police verbally requested the
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detainees' “kafils” (sponsors/employers) to ensure the departure of the Ahmadiyya believers to
their countries of origin. These events are reported to cause a sense of insecurity and discomfort
among the Ahmadiyya believers in Saudi Arabia.
Response from the Government dated 6 February 2007
236. The Government indicated that the persons concerned were arrested after more than 150
members of the Ahmadiyya (Qadiani) community held an unauthorized assembly which
disturbed and alarmed other people living in the neighbourhood. They were released when bail
was posted in respect of their violation of the Kingdom's regulations and after undertaking to
refrain from causing further disturbance to other residents.
Observations
237. The Special Rapporteur is grateful for the Government's response.
Urgent appeal sent on 22 November 2007 jointly with the Special Rapporteur on the
independence of judges and lawyers, the Special Rapporteur on the question of torture and
the Special Rapporteur on violence against women, its causes and consequences
238. The Special Rapporteurs brought to the attention of the Government information they had
received concerning regarding a 19-year-old Shilte woman from Al-Qatif. According to the
allegations received, in 2006, the Shiite woman and a male companion were kidnapped at
knifepoint by a gang of seven Sunni men. The male companion was attacked by the gang, and
later released. The woman, however, was repeatedly raped by the gang. Four members of the
gang were at the time sentenced by the Qatif General Court to prison terms ranging from one to
five years, with floggings of up to 1000 lashes. Three other gang members reportedly turned
themselves in before the conclusion of the trial.
239. The victim of the gang rape and her male companion were convicted in 2006 of being
alone in private with a member of the opposite sex who was not an immediate family member,
under an offence known as Khilwa in sharia law. Following the request of the review of the
verdict by the woman and her lawyer, on 15 November 2007, a court in eastern Saudi Arabia
increased the original sentence against the seven members of the gang, and also increased the
sentence against the 19-year old woman from 90 lashes to 200 lashes and a six month prison
term. In addition, it is reported that the court revoked the professional license of her lawyer and
banned him from defending her.
Observations
240. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegations. They show that women may suffer from aggravated
discrimination with regard to their religious, ethnic and sexual identities, for example when
female members of minority religions become victims of rape and violence. The Special
Rapporteur welcomes that according to various news reports Saudi Arabia's King Abdullah
issued an official pardon for the woman and the male companion on 17 December 2007.
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Sri Lanka
Communication sent on 1 May 2007
241. The Special Rapporteur brought to the attention of the Government information she had
received concerning members of the All Ceylon Thareekathul Mufliheen society in Sri Lanka.
According to the allegations received, the religious leader of the All Ceylon Thareekathul
Mufliheen society, a religious movement based on Islam but rejected by mainstream Muslims in
Sri Lanka, died on 6 December 2006. His body was exhumed and burned by a mob under the
pretext that members of the All Ceylon Thareekathul Mufliheen society were not permitted to
bury their dead in Kathankudy soil. During the subsequent riots, the minaret and part of the
meditation centre were destroyed and over 117 houses of members of the All Ceylon
Thareekathul Mufliheen society were burned down. Furthermore, their lives were threatened and
many of them left Kathankudy.
242. On 7 February 2007, the Human Rights Commission of Sri Lanka informed the General
Secretary of All Ceylon Thareekathul Mufliheen that the Commission cannot interfere in the
disputes between various sects of a religion and advised to refer these disputes to the Council of
Ulemas — All Ceylon Jameeathul Ulama or the Minister of Religious Affairs.
Observations
243. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She would like to emphasize that the human rights
obligations of States also consist in ensuring the free exercise of freedom of religion or belief and
bringing the perpetrators of acts of religious intolerance, discrimination or violence to justice.
Already in the report on her country visit to Sri Lanka (see E/CN.4/2006/5/Add.3, para. 100), the
Special Rapporteur had referred to another incident targeting the All Ceylon Tharikathul
Mufliheen society: In October 2004, their place of worship in Kathankudy and the residences or
properties of some of their members were allegedly attacked by a mob of approximately 500
people lead by Muslim organizations. The properties were either destroyed or set on fire and
several members of the society were injured. While the police arrested eight alleged perpetrators,
these were later released on bail and some mainstream Muslim organizations continued to
threaten the members of the society to force them to abandon their belief As the police
reportedly failed to provide protection to the victims of these attacks, they had to flee and find
refuge in Colombo. Since then, they have not been able to return to their properties because of
continued threats and the absence of appropriate measures by the authorities.
244. In the country report the Special Rapporteur concluded (see E/CN.4/2006/5/Add.3, paras.
113-114) that “the Government of Sri Lanka has to fulfill its positive obligation to protect the
right to freedom of religion or belief of all its citizens, irrespective of the religious community to
which they belong. These positive obligations include, first and foremost, the prompt
investigation of any act of religious violence or intolerance, the prosecution of all perpetrators
and the awarding of compensation to the victims of these violations. The Special Rapporteur
considers that in most of the cases that have been brought to her attention and despite the
information provided by the Permanent Mission, these obligations have not been satisfactorily
fulfilled by the Government. Moreover, the implementation of these obligations should
constitute an essential priority in guaranteeing the enjoyment of the fundamental right to freedom
of religion or belief of all Sri Lankan citizens and a prerequisite for maintaining the high level of
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religious tolerance and harmony that has so far prevailed in Sri Lanka.”
Tajikistan
Communication sent on 21 August 2007
245. The Special Rapporteur brought to the attention of the Government information she had
received concerning the draft religion law. Allegedly, in June 2007, the Ministry of Culture has
produced a draft law “On Freedom of Conscience, on Religious Associations and Other
Organizations”. Various religious communities have voiced their concerns that the draft law
establishes a burdensome registration procedure for religious organizations and that it gives the
competent state agency on religious affairs a wide authority over the religious organizations. For
state registration of a church, its founders are required to submit an application with signatures of
400 followers for establishing a church in a district or 800 signatures in a city (or 1.200
signatures in the city of Dushanbe). The draft law relates the establishing of mosques to the
number of the population in a territorial unit of the Republic of Tajikistan, i.e. another mosque
can only be established if thresholds between 2.000 and 60.000 people in a village, settlement,
city or Dushanbe City have been reached.
246. Furthermore, the draft law prohibits actions directed to converting believers of one
confession into others as well as any other charitable or missionary activity having a nature of
intellectual, mental or other pressure to citizens in proselyte aims. According to the draft law,
only citizens of the Republic of Tajikistan who have special religious education can be heads of
religious organizations. The draft law seems to restrict the production, export, import and
dissemination or religious literature to religious organizations, thus excluding any such activity of
non-registered religious entities. Finally, the draft law provides that all religious organizations
that already exist must re-register under the provisions of the new draft law.
247. There are concerns that the draft law of June 2007 could lead to undue limitations on the
rights of religious communities and could impermissibly restrict religious activities of religious
minorities. The Special Rapporteur also referred to her communication dated 18 May 2006
concerning a previous draft law in early 2006 entitled “About the freedom of conscience and
religious unions” (see AIHRC/4/2 1/Add. 1, para. 286).
248. Moreover, it was reported that the Ministry of Culture recently published a list of
officially banned religious literature which allegedly consists primarily of documents by Hizb-ut
Tahrir. The Special Rapporteur also requested the Government to send her a copy of the list of
banned religious literature and explain the legal procedure of prohibiting religious literature.
Observations
249. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She already commented on the previous 2006 draft
law “On Freedom of Conscience and Religious Associations” in the report after her country visit
to Tajikistan (AIHRC/7/10/Add.2). The draft law “On Freedom of Conscience, on Religious
Associations and Other Organizations” of June 2007 also contains provisions which would be
difficult to reconcile with international human rights standards if the draft law was adopted in this
form. The Special Rapporteur would like to emphasize that registration should not be a
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precondition for practicing one's religion, but may only be appropriate for the acquisition of a
legal personality and related benefits. In the latter case, registration procedures should be easy
and quick and not depend on extensive formal requirements in terms of the number of members
or the time a particular religious group has existed. Re-registration requirements that operate
retroactively or fail to protect vested interests should also be questioned and an adequate
transition period should be envisaged concerning the application of new registration rules.
Furthermore, the draft law of June 2007 seems to unduly restrict religious activities of smaller
religious groups and minorities. Finally, the Special Rapporteur would be appreciative to receive
the requested list of banned religious literature.
Turkmenistan
Communication sent on 17 July 2007
250. The Special Rapporteur brought to the attention of the Government information she had
received concerning Mr. Nuryagdy Gayyrov and Mr. Bayram Ashirgeldyyev who were
reportedly arrested on 14 June 2007 in Turkmenistan for refusing to perform compulsory military
service on grounds of religious conscience. Both are Jehovah's Witnesses and were reportedly
charged with “evasion of call-up to military service” in violation of article 219, part 1 of the
Turkmenistan Criminal Code and are believed to be detained in pre-trial detention in Ashgabat.
Mr. Gayyrov was jailed in 1999 for one year for the same offence. It is the Special Rapporteur's
understanding that the cell where they are currently detained is very crowded with 20-30 others
and is also very hot and lacking in ventilation. It is reported that Mr. Gayyrov and Mr.
Ashirgeldyyev have been unable to meet with either their defence lawyers or family members.
Observations
251. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She would like to refer to Resolution 1998/77 of the
Commission on Human Rights, which draws attention to the right of everyone to have
conscientious objections to military service. The Human Rights Committee recently observed
“that while the right to manifest one's religion or belief does not as such imply the right to refuse
all obligations imposed by law, it provides certain protection, consistent with article 18,
paragraph 3, against being forced to act against genuinely-held religious belief'
(CCPRIC/88/D/1 321-1322/2004, para. 8.3). In line with the Human Rights Committee's General
Comment No. 22, there shall be no differentiation among conscientious objectors on the basis of
the nature of their particular beliefs when the right to conscientious objection is recognized by
law or practice; likewise, there shall be no discrimination against conscientious objectors because
they have failed to perform military service.
Communication sent on 25 July 2007
252. The Special Rapporteur brought to the attention of the Government information she had
received concerning Mr. Vyacheslav Kalataevsky, a Ukrainian citizen aged 49 years, who has
been sentenced by the Turkmenbashi city court to three years of hard labour for crossing the
border illegally. Reports suggest that this punishment is related to his religious activities as leader
of a congregation which is part of a network of independent Baptist churches in Turkmenistan.
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253. Mr. Kalataevsky had been expelled from his country in 2001 for inciting “religious
unrest” since he had organized prayer groups and religious meetings for an unregistered Baptist
group. After being released with no money or food across the border in Kazakhstan he allegedly
had no option but to return to Turkmenistan. On 12 March 2007, while Mr. Kalataevsky and his
wife were trying to regularize his status in his native town of Turkmenbashi (formerly
Krasnovodsk), he was arrested by secret police of the Ministry of State Security (MS S). Mr.
Kalataevsky has been held since 17 March 2007 in temporary isolation cells in the town of
Balkanabad (formerly Nebit-Dag) near Turkmenbashi while the regional MSS secret police
continued their investigations. In June 2007 he has been moved to a harsher labour camp in Seydi.
The camp is 1,200 kilometres away from his family home, and armed guards with machine guns
denied the family the opportunity to see him during the transit.
Observations
254. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. However, she is grateful that the Government has
extended an invitation to visit Turkmenistan and she intends to address the issues involved in her
country report.
Turkey
Communication sent on 27 April 2007 jointly with the Special Rapporteur on the promotion
and protection of the right to freedom of opinion and expression
255. The Special Rapporteurs brought to the attention of the Government information they had
received regarding three Christian employees of the Zirve publishing house who distributed
bibles in Malatya, a city in eastern Anatolia, and who on 18 April 2007 were found dead with
their throats slit and their hands and legs bound. Allegedly, one man was still alive when found,
was taken to the hospital but died later. Reportedly, one of the victims was the director of the
publishing house. According to the information received, the Zirve publishing house prints bibles
and Christian literature. Its employees had reportedly been the target of threats and a
demonstration by nationalists accusing them of proselytism. Concern is expressed that these
killings may be in connection with their freedom of expression and freedom of religion or belief
Response from the Government dated 25 June 2007
256. The Government indicated that the incident has prompted a great reaction in all segments
of the society in Turkey. The perpetrators of this crime were captured and brought to justice soon
after the incident. Freedom of religious belief and conscience is firmly safeguarded by the
Turkish Constitution and the relevant legislation. Equality before the law and the prohibition of
all forms of discrimination are enshrined as fundamental principles of the Republic in the Turkish
Constitution. The religious rights of non-Muslim citizens are further protected in accordance with
the Lausanne Peace Treaty. There are more than 300 places of worship belonging to non-Muslim
communities, including 53 churches run by foreigners residing in Turkey. As of December 2006,
122 foreign clergymen have been registered with working permit to serve in places of worship.
257. The Government informed that the dissemination of religious beliefs is not prohibited
under Turkish Law, contrary to the suggestions made in connection with the last incident. Indeed,
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preventing a person from disseminating or expressing their religious beliefs through use of force
or threat constitutes an offence according to the Turkish Penal Code.
258. The Government also sent an information note on the case. According to this note, it is
reported that on 18 April 2007 the Directorate for Security of Malatya received a phone call from
a person who reported that he was concerned about his friends working at the Zirve Publishing
House and that he could not enter its premises as the door was not answered for a long time
despite the fact that he heard noises coming from inside. The law enforcement officials
immediately responded to the call and arrived at the premises of the Zirve Publishing House.
While the officials were trying to break the lock of the door, a man was seen jumping from the
balcony. The law enforcement officials, who later entered the flat, discovered three men lying on
the floor with their hands and legs bound and seriously injured. A medical team was immediately
dispatched to the crime scene. Despite the necessary medical intervention, the German citizen Mr.
Tilman Ekkehart Geske and Mr. Necati Aydin, lost their lives at the scene due to the serious
injuries they had sustained as result of the attacks. The third victim of the assault, Mr. Ugur
YUksel, who was found alive, was transferred to the nearest hospital but could not be saved since
he was heavily injured.
259. The five suspects, who were trying to escape, were apprehended by the law enforcement
authorities at the crime scene together with the weapons used in the crimes. An investigation was
immediately launched in connection with the murder. A total of 13 persons, 8 of whom had direct
links with those apprehended at the crime scene, were detained for their suspected involvement in
the incident. The four suspects were arrested on the charges of murder, accomplicing to murder,
depriving a person of liberty as well as terrorist charges under the Anti-terror law No. 3713. They
are currently in Malatya E-Type Prison. The fifth suspect, who jumped from the balcony, was
arrested on 19 May 2007 and sent to the same prison after he received medical treatment in the
hospital. Further eight persons were later released, facing trial for their suspected involvement in
the incident. The investigation is still under way.
260. During the investigation, the families of the deceased reported to the authorities that they
did not receive any threats prior to their relatives' murder and there was nothing to suggest that
their lives were in danger. Close friends and business partners of the deceased also confirmed in
their statements to the authorities that to their knowledge the deceased did not face an apparent
threat, otherwise they would have taken precaution both in their private and business lives and
would have reported any threats to the relevant authorities, which was apparently not the case.
261. Upon the request for protection by the wife of Mr. Geske, the family has been offered
protection by the law enforcement officials, who accompany their children to school. The house
of the other deceased, Mr. Aydin, has also been provided with protection. The Zirve Publishing
House is under 24-hour protection by the security forces. After this incident, the law enforcement
agencies conducted an inquiry in Malatya in order to identify as to whether the non-Muslim
community is facing any similar threat due to their religion or sect. As a result, neither a threat
nor an application for protection was reported to the authorities, except for a priest, who was
rendered a protection order upon his application solely based on the last incident.
262. Regarding compensation for the victims or their families to redress the damages or losses
that they sustain as a result of serious crimes, the Government informs that no such compensation
scheme exists. Howevei individuals are entitled to claim compensation before the courts for any
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pecuniary and non-pecuniary damages as a result of any crime as well as other injurious acts.
Judicial assistance is provided for those who are in need. The administrative authorities are also
liable for any negligence which may be attributed in such instances and can be sued for
compensation.
Observations
263. The Special Rapporteur is grateful for the Government's detailed response.
United Kingdom
Urgent appeal sent on 19 July 2007 jointly with the Chairperson-Rapporteur of the
Working Group on Arbitrary Detention, and the Special Rapporteur on the question of
torture
264. The Special Procedures mandate holders brought to the attention of the Government
information they had received regarding Ms. Samar Hoseyn Razavi, a 30 year-old national of
the Islamic Republic of Iran, who used to reside in Bournemouth. According to the information
received, Ms. Razavi converted from Islam to Christianity before leaving the Islamic Republic of
Iran. Her asylum application in the United Kingdom of Great Britain and Northern Ireland was
subsequently rejected. At the most recent Court of Appeal hearing on 17 May 2007 the Lord
Justices found that Ms. Razavi's case did not reach the threshold of being at a real risk of
persecution on return to the Islamic Republic of Iran and dismissed her appeal.
265. However, Ms. Razavi claimed that she was the subject of a death warrant for apostasy in
her home country. According to verdict no. 96/19/18 1 of the Iranian Islamic Revolutionary Court
no. 19, confirmed by case no. 1296 of the Judiciary High Constitutional Court, she was an
apostate who deserves to be stoned to death. On 21 May 2007, the Islamic Revolutionary Court
no. 9 declared this verdict to be enforceable within ten days.
266. Ms. Razavi is currently detained at an Immigration Removal Centre near Heathrow
Airport, London, and is at risk of imminent forcible return to the Islamic Republic of Iran. In
view of the threats related to her conversion, concern is expressed that her life and her physical
integrity may be at risk should she be returned to the Islamic Republic of Iran.
Response from the Government
267. The Government first set out the chronology of Ms. Razavi's immigration case. Ms.
Razavi applied for asylum on 28 January 2004, but her application was refused. Her most recent
appeal, to the Court of Appeal, was dismissed on 17 May 2007. At this appeal, the Court found
that Ms. Razavi's circumstances were below the required threshold to constitute being at a real
risk of persecution on to Iran. Ms. Razavi was detained on 10 July 2007 with a view to effecting
her removal from the United Kingdom.
268. The Government pointed out that the basis of Ms. Razavi's asylum claim was that she
was caught having an affair with a Christian man by her husband and that she feared ill-treatment
as a result. No part of her original asylum claim was based upon her religion. In his decision of
14 June 2004 on her appeal the Adjudicator found that while Ms. Razavi has expressed an
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interest in Christianity, she has not officially changed, or tried to change her religion, and no
evidence was provided of any persecution.
269. Ms. Razavi also claimed that her husband had obtained a Court verdict sentencing her to
death by stoning due to her adultery. However, at the appeal before the Asylum and Immigration
Tribunal it was found that Ms. Razavi was an unreliable witness and her account was not
considered credible. The Immigration Judge at this appeal did accept that Ms. Razavi had
converted to Christianity and that she had carried out some evangelical activities whilst in the
United Kingdom by handing our leaflets and visiting people in her local neighbourhood to
discuss Christianity. Furthermore, the Immigration Judge indicated the following: “Consideration
of the objective evidence in Iran shows that some sections of Christianity, particularly
Evangelists, Proselytisers are more at risk (or even at real risk) than other Christians in Iran.
However, Christianity is generally tolerated. A consideration of the objective evidence also
shows that the nature of the real risk is generally of severe harassment as opposed to persecution.
There have been few deaths for example or lengthy imprisonments over recent years relating
particularly to Proselytisers. Whilst the Appellant is apparently interested in spreading the
message of Christianity, her activities are with her present church and in the company of the
Pastor's wife. I do not find these activities place the Appellant in the category of a convert with a
high profile role. There is evidence that churches with an Evangelical element to them and their
congregation are able to practice with a measure of tolerance in Iran and I do not find that his
particular Appellant, who has only been baptised for barely a year, is at risk of attracting the
adverse attention of the Iranian authorities.”
270. Furthermore, the Court of Appeal also considered this matter in depth and evaluated Ms.
Razavi's claim that as a convert to Christianity she would face ill-treatment in her country of
origin due to her vulnerability. Upon dismissing her appeal, the Lord Justices found that “ [ . .j
the protection available to the appellant against her vulnerability as a single woman convert was
enough to place her, on return, below the threshold of real risk of persecution or of inhuman or
degrading treatment”.
271. The Government stated that Ms. Razavi's asylum claim was given careful consideration
by the Border and Immigration Agency with specific regard to the 1951 United Nations
Convention relating to the status of refugees and the 1950 European Convention on Human
Rights. The decision to refuse her asylum and human right applications have been overseen by
the appropriate independent appellate authorities and reviewed on two occasions by the United
Kingdom Court of Appeal.
272. Since the dismissal of her appeal on 17 May 2007, Ms. Razavi has submitted a document
which she claimed is an arrest warrant issued by the Iranian Islamic Revolutionary Court. The
document is based on apostasy in her home country. It formed the basis of a fresh asylum claim
submitted on 12 July 2007. This application was rejected because it was decided that for several
reasons little (if any) evidential weight could be attached to the document for a number of
reasons. The original document had not been submitted (only a faxed copy) and no explanation
had been offered as to how this document had been obtained. It should be noted that documents
of this type are not routinely distributed by the authorities of Iran. The British Embassy in Tehran
confirmed that the document was not genuine.
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273. The Government maintained that Ms. Razavi's human rights have been carefully
considered by the authorities. The decision to return her to Iran has been upheld by the impartial
judiciary of the United Kingdom. Ms. Razavi was detained on 10 July 2007 as she is a failed
asylum seeker with no legal basis to remain in the United Kingdom. She is detained pending her
imminent removal from the United Kingdom.
Observations
274. The Special Rapporteur is grateful for the Government's detailed response.
United States ofAmerica
Communication sent on 22 May 2006
275. The Special Rapporteur received information concerning Mr. Saifullah A. Paracha, aged
58, a Pakistani national who has been detained at Guantánamo Bay since September 2004.
According to the allegations received, Mr. Paracha has not been allowed to speak to a chaplain
since he arrived at Guantánamo Bay in September 2004, despite the fact that he has indicated that
he would be willing to speak to a chaplain of any tradition.
Response from the Government dated 12 July 2007
276. The Government indicated that the United States maintains its firm commitment to
respect religious freedom and is dedicated as a policy matter to respecting the religious and
cultural dignity of all of the detainees of Guantanamo Bay.
277. The United States does not provide chaplains to the detainees at Guantanamo Bay due to
resource constraints, and in any case notes that is not legally obligated to do so. Nevertheless, the
United States (US) has taken many steps to protect the rights of the detainees to freely practice
their religion. These steps include issuing Korans to detainees in one of five languages
commonly spoken at the camp. US military personnel responsible for providing security for the
detainees under US control at Guantanamo Bay receive special training regarding handling
religious articles associated with the Islamic faith in the appropriately respectful manner. The
United States has carefully implemented a standard operating procedure at Guantanamo that
makes every effort to provide detainees with religious articles associated with the Islamic faith,
including prayer beads and prayers rugs, to accommodate prayers and religious periods as well as
to provide them with culturally acceptable meals and practices.
278. Calls to prayer are conducted over loudspeakers at the appropriate times every day and
there are arrows indicating the direction to Mecca throughout Guantanamo to assist detainees in
knowing which direction to pray. Once the call to prayer is sounded, detainees receive 20
minutes of uninterrupted time to worship.
Observations
279. The Special Rapporteur is grateful for the Government's response. With regard to access
to qualified representatives of a religion she would like to refer to the 1955 Standard Minimum
Rules for the Treatment of Prisoners, which were approved by ECOSOC resolutions 663 C
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(XXIV) of3l July 1957 and 2076 (LXII) of 13 May 1977. While these Standard Minimum Rules
for the Treatment of Prisoners are not legally binding, they seek to set out what is generally
accepted as being good principle and practice in the treatment of prisoners and the management
of institutions. Rule 41 provides: “(1) if the institution contains a sufficient number of prisoners
of the same religion, a qualified representative of that religion shall be appointed or approved. If
the number of prisoners justifies it and conditions permit, the arrangement should be on a full-
time basis. (2) A qualified representative appointed or approved under paragraph (1) shall be
allowed to hold regular services and to pay pastoral visits in private to prisoners of his religion at
proper times. (3) Access to a qualified representative of any religion shall not be refused to any
prisoner. On the other hand, if any prisoner should object to a visit of any religious representative,
his attitude shall be fully respected.”
Urgent appeal sent on 18 December 2006
280. The Special Rapporteur brought to the attention of the Government information she had
received according to which prison guards had allegedly attempted to force four Muslim
detainees in Rikers Island Jail in Queens, NY, to become Christians. It is reported that on 18
February 2006 around 1 p.m., the inmates Dr. Mohammed Adnan Bhutta, Mr. Gerry Smith,
Mr. Khaleek Hoyle and Mr. Joseph M. Smart were brought to the Rikers Island prison gym
where they were told by two Captains, in the presence of several Christian priests, to convert to
Christianity. Upon the inmates' refuse, the Captains as well as around ten prison guards allegedly
became angry and tried to force the detainees to convert to Christianity. These events are reported
to have created a fearful atmosphere for the Muslim detainees in Rikers Island Jail.
Observations
281. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She would like to take the opportunity to refer to her
framework for communications, more specifically to the international human rights norms and to
the mandate practice concerning “Freedom from coercion” (see above para. 1, category I. 2.) and
with regard to “Persons deprived of their liberty” (see above para. 1, category III. 2.).
Urgent appeal sent on 31 May 2007 jointly with the Working Group on Arbitrary Detention
and the Special Rapporteur on the human rights of migrants
282. The Special Procedures mandate holders brought to the attention of the Government
information they had received regarding Mr. Natarajan Venkataram, 43-years-old, a US citizen
and Indian by birth, currently detained at Metropolitan Detention Center in Brooklyn, N.Y.
According to the information received, Mr. Venkataram emigrated from India to the United
States in 1988 and later became the Director of the Medical Examiner's Management Information
Systems Department of the New York City Office of Chief Medical Examiner, a position he held
for 15 years. In 2005 he was charged with embezzling more than USD 10 million in Federal
Emergency Management Agency cash allocated for a computer system that analyzes DNA and
was used to identify the bodies after the attacks of 9 September 2001 on the World Trade Center
in New York. On 7 December 2005 he was arrested, however, no arrest warrant was shown to
him.
283. Since then he has been detained at the high-security Metropolitan Detention Center. His
first bail application was reportedly denied for the sole reason that he was not a US citizen. After
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he had proven that he holds US citizenship his application for bail was rejected because he is
Indian by birth. Mr. Venkataram, who is a practicing Hindu, is provided with meals containing
meat which runs counter to the principles of his religion. Furthermore, he is not given the
opportunity to practice his religion in prison. Mr. Venkataram is subjected to regular strip
searches and humiliations and is forced to work under severe conditions. He is being refused
access to proper medical care, although he has informed the prison authorities about his suffering
from pain. Finally, Mr. Venkataram is held together with sentenced criminals in prison, some of
whom are dangerous.
Observations
284. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. She would like to refer to her 2005 report to the
General Assembly (A160/399, para. 85), in which she stated that “a person in custody finds him
or herself in a situation of enhanced vulnerability and can therefore be an easy target for
persecution. Prison authorities are given total control over the most basic activities of the inmates,
from the time they will sleep to what they will eat, and how they will be able to exercise their
right to freedom of religion or belief'. The Special Rapporteur wishes to emphasize that it is
crucial to provide the personnel of detention facilities with adequate training, raising awareness
and enhancing their sensitivity about their duty to promote and respect international human rights
standards for the treatment of prisoners.
Uzbekistan
Urgent appeal sent on 24 May 2007 jointly with the Working Group on Arbitrary
Detention and the Special Rapporteur on the question of torture
285. The Special Procedures mandate holders brought to the attention of the Government
information they had received regarding Mr. Mirkarim Saitkarimov, aged 28, student of the
Tashkent Culinary College. According to the information received, on 31 May 1999 his house
was searched and he was arrested by the National Security Service (NSS) and transferred to the
Tashkent City Department of Internal Affairs. While Mr. Saitkarimov was held there, he was
subjected to ill-treatment in order to force him to confess.
286. On 14 August 1999 Mr. Saitkarimov was sentenced to 15 years of imprisonment by the
Tashkent Criminal Regional Court on the basis of this confession for being a Hisb-ut-Tahrir
member. The Appeal Board of Tashkent Regional court upheld the verdict. Since then Mr.
Saitkarimov has served his sentence in a series of prisons, initially Prison Colony No. 64/49 in
Karshi town, where the Deputy Head of the Colony, Mr. Sherobod struck him every day on the
soles of his feet, raped him by inserting a baton in his anus, electro shocked him and forced him
to stay outside naked during winter time.
287. In 2001 Mr. Saitkarimov was transferred to Colony No. 64/6 1 of Karshi town, in 2003 he
was transferred to Colony 64/3 in Tavaksai village of Tashkent Region. In both facilities he was
subjected to ill-treatment by prison officials. In March 2005, he was transferred to Colony 64/65
in Zangiata not far from Tashkent, where he was regularly ill-treated by fellow-prisoners from
Zhaslyk Colony (No. 64/71) with the participation of the Deputy Head of the Colony. In
December 2006, Mr. Saitkarimov was transferred to the high security prison in Andijan “SI-i”,
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where some guards and another prisoner reportedly regularly subject religious believers to ill-
treatment.
Response from the Government dated 12 June 2007
288. The Government indicated that, on 14 August 1999, the Yangiyul Municipal Court in
Toshkent oblast declared Mirkarim Seitkarimov guilty of the crimes according to article 159,
paragraph 3 (a), “Crime against the constitutional order of the Republic of Uzbekistan”, and
article 244-1, paragraph 3 (a), “Preparation or distribution of material containing threats to public
order and security”, of the Criminal Code of the Republic of Uzbekistan, and sentenced him to 15
years' deprivation of liberty under article 59 of the Criminal Code. The term of sentence began on
1 June 1999 and will end on 1 June 2014. In accordance with a decision taken on 16 November
2006 by Zangiata District Court in Toshkent oblast, Mr. Seitkarimov was transferred for one year
of the unfinished part of his sentence to a prison regime, since, under article 112 of the Penal
Correction Code he is a serious violator of the prison regime.
289. No foundation for the allegations that the convicted offender Mr. Seitkarimov is subject to
severe torture and illegal forms of treatment was found during investigation. In prison colonies
No. 64/49, No. 64/6 1, No. 64/3 and No. 64/65, where the convicted offender Mr. Seitkarimov had
previously been held, the information on the use of moral and psychological pressure, torture or
other illegal acts by the administration against Mr. Seitkarimov was not substantiated. In addition,
religious rituals are respected in penal institutions in compliance with article 12 of the Penal
Correction Code, “Ensuring the freedom of conscience of convicted persons”: convicted persons
are guaranteed the right to freedom of conscience. They are entitled to follow any religion or
none at all.
290. At present, Mr. Seitkarimov is serving his sentence in prison colony No. 64/T-1 in the city
ofAndijon in Andijon oblast. No illegal acts were carried out by the administration of the penal
institution against Mr. Seitkarimov when he arrived at prison colony No. 64/T-1. Furthermore,
every person who enters the penal institution undergoes a full medical examination, including
checks of whether his or her body bears any traces of torture or other forms of cruel treatment.
No traces of torture or any other forms of cruel treatment were found on Mr. Seitkarimov when
he arrived at prison colony No. 64/T-1 to serve his sentence.
291. The conditions under which sentences are served in the institutions of the Uzbekistan
Ministry of Internal Affairs penal correction system conform rigorously with the established rules
for the internal regulation of penal institutions, Ministry of Internal Affairs regulations and the
relevant legislation of Uzbekistan. The allegations transmitted in the joint letter of the Special
Rapporteurs are without foundation and bear no relation to reality. It should also be mentioned
that the convicted offender Mr. Seitkarimov has not complained to the prison administration
about the use of illegal forms of treatment against him by employees of the institution or other
prisoners.
Observations
292. The Special Rapporteur is grateful for the Government's response.
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Vietnam
Urgent appeal sent on 30 January 2007 jointly with the Working Group on Arbitrary
Detention, the Special Representative of the Secretary-General on the situation of human
rights defenders and the Special Rapporteur on the question of torture
293. The Special Procedures mandate holders brought to the attention of the Government
information they had received regarding Mr. Ksor Daih, 45 years old, from Ploi Ko village,
commune Dang Ya, district Cu-Pah, Gialai province; Mr. Ksor Jak, 24 years old, from Ploi Ko
village, commune Dang Ya district Cu Pah, Gailia province, and Mr. Ksor Har, 54 years old,
from Ploi Ia-On village, commune Dang Ya, district Cu Pah, Gialai province. All of them are
currently held at Trai Ba-Sao prison in Ha Nam province.
294. According to the information received, Mr. Ksor Daih was arrested in 2004 after having
spent two years in hiding, for participating in the 2001 peaceful protest for religious rights and
supporting an organization called “Montagnard Foundation”. He was then sent to prison, where
he has been subjected to beating and kicking on a regular basis. During one incident he was
blinded in one eye. As a result of the treatment in prison, his body is covered in scars and bruises,
his eye socket gorged and he can barely stand.
295. Mr. Ksor Jak was arrested in 2004 for supporting the “Montagnard Foundation” and
participating in the peaceful demonstration in 2001 for religious freedom. After the 2001
demonstration he went into hiding, but was captured on 24 February 2004 by Vietnamese
soldiers and imprisoned at Trai-Ba-Sao, where his leg was broken and disfigured and he was
subjected to taunting by the authorities. Also, guards forced him to eat rice mixed with broken
glass.
296. Mr. Ksor Har was arrested in 2004 for participating in the 2001 peaceful protest for
religious rights and supporting the “Montagnard Foundation”. He went into hiding but was
captured by Vietnamese soldiers in August 2004. As a result of the treatment he has received in
prison, his left ear has been torn into pieces. Guards continue to regularly pull his wounded ear.
Response from the Government dated 24 April 2007
297. The Government of Vietnam provided the following information concerning the three
persons concerned. Mr. Ksor Daih (born in 1962 at Gia Lai), Mr. Ksor Jak (born in 1981 at Gia
Lai) and Mr. Ksor Har (born in 1954 at Gia Lai) had been working since 2003 for the Fulro
Organization (“the organization of the bandits”), where they allegedly incited and forced others to
demonstrate to request the establishment of the “Dega State” in the provinces of Tay Nguyen,
thus countering the most fundamental principles of the Charter of the United Nations, namely
independence, sovereignty, unity and territorial integrity. Their acts also caused a feud and drove
a wedge among the ethnics, thus violating Vietnamese laws and article 20, paragraph 2 of the
ICCPR. Therefore, they were arrested by the Investigation Agency on 26 February 2004, 25
February 2004 and 13 October 2004 respectively. When they were arrested and strip-searched,
explosives and weapons were found on Mr. Ksor Daih and Mr. Ksor Jak. On 25 January 2005, Mr.
Ksor Daih and Mr. Ksor Jak were tried by the People's Court of the Gia Lai Province and both
sentenced to 7 years of imprisonment in accordance with Article 87 of the Penal Code. Mr. Ksor
Har was tried on 17 October 2005 and sentenced to 6 and 5 years of imprisonment in accordance
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with Article 87 and 91 of the Penal Code respectively. Currently, they are carrying out their
sentence in the Nam Ha prison camp.
298. According to the results of the health examination on 20 April 2005 and 19 December
2005 all three persons' habitus, skin, weight, blood pressure and eye sight were normal. Mr. Ksor
Jak could walk well and did not have a broken leg. Mr. Ksor Har's both ears were normal. The
doctor concluded that Ksor Daih's and Ksor Jak's health was ranked at the first category, Mr.
KsorHar's atthe second.
299. According to the minutes of meetings, reports of other prisoners, the superintendent, the
educator-warden and minutes of the inspection by a delegation from the Department for
Management of Prison Camps, there was no cruel treatment against Mr. Ksor Daih, Mr. Ksor Jak
or Mr. Ksor Har. The information that Mr. Ksor Jak was forced to eat rice mixed with broken
glass is slander. All three persons have received the right ration of food and drink in strict
accordance with provisions of laws on regimes for prisoners. Since they have been arrested, no
complaint has been lodged by or on behalf of Mr. Ksor Daih, Mr. Ksor Jak or Mr. Ksor Har.
Observations
300. The Special Rapporteur is grateful for the Government's response.
Urgent appeal sent on 23 February 2007 jointly with the Working Group on Arbitrary
Detention and the Special Rapporteur on the promotion and protection of the right to
freedom of opinion and expression
301. The Special Procedures mandate holders brought to the attention of the Government
information they had received regarding Father Nguyen Van Ly, a Catholic priest and one of the
editors of the underground magazine “Tu do Ngôn luan” (Free Speech). According to the
information received, Father Nguyen Van Ly was arrested on the evening of 19 February 2007,
the Lunar New Year, in the central city of Hue, during an administrative check at the archdiocesan
building where he lives. Several police cars had been pulled up outside the archdiocesan Nha
Chung building. Around 60 police officers, reportedly led by a colonel who specializes in
religious matters, cut phone lines and searched the entire building, breaking open a cupboard
which Ly refused to unlock. They took away six computers and mobile phones and many
documents.
302. It was reported that Father Nguyen Van Ly is a member of the pro-democracy movement
called Bloc 8406. He spent several years in prison in 1977 and 1978 and from 1983 to 1992 as a
result of his activities in support of freedoms of opinion, expression and religion. He was
sentenced again in October 2001 to 15 years in prison for activities linked to the defence of free
speech. The sentence was commuted several times and he finally left prison in February 2004.
303. Two others editors of “Tu do Ngôn luan”, Father Chan Tin and Father Phan Van Loi,
were also put under house arrest. No information was provided about the reasons for their
detention.
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Response from the Government dated 18 May 2007
304. The Government emphasized that the State of Vietnam always respects the rights to
freedom and democracy and that no one is detained on the ground of political views or religions.
Only those who violate laws are handled with, conforming to Vietnamese and international laws.
305. Concerning the case of Nguyen Van Ly, the Government indicated that he in 1977 was
dismissed as General Bishop's Secretary by the Archbishop. In 1981, late Archbishop Nguyen
Kim Dien issued a decision to deprive Nguyen Van Ly of his right to do missionary work because
of his self-indulgent lifestyle, violating the Christian rules and damaging the credibility of the
Church. In 1983, Nguyen Van Ly was convicted by the provincial People's Court of the Binh Tn
Thien Province to 10 years of imprisonment for his acts of undermining the national unity bloc
and provoking serious public disorder. On 17 May 2001, Nguyen Van Ly was arrested for
repeating acts in violation of the law. He was publicly tried on 19 October 2001 by the People's
court of the Thua Thien-Thue Province and sentenced to 15 years of imprisonment and another S
years of administrative probation following the completion of his jail term. The arrest and trial
were conducted in full accordance with the law.
306. On 16 July 2003, the People's Court of the Ha-Nam Province, in view of Nguyen Van
Ly's repentance and redemption, reduced Ly's sentence from 15 to 10 years of imprisonment. In a
letter to the US Congress dated 27 June 2003, Nguyen Van Ly had admitted that the Vietnamese
Government never suppressed religion and that he was rightly imprisoned because he had
committed crimes against the law which could result in creating conditions unfavourable for the
common cause of building national unity. Nguyen Van Ly was released in January 2005 under the
special amnesty order by the State President of Vietnam, but he still had to serve his
administrative probation for another 5 years.
307. On 19 February 2007, Nguyen Van Ly was arrested again for violation of the probation
sentence and other Vietnamese laws, such as inciting complaints, causing social and security
disorders and establishing illegal organizations. On 30 March 2007, he was publicly tried by the
People's Court of the Thua Thien Hue Province in full and strict observance of legal proceedings
stipulated in the Criminal Procedures Code. The State of Vietnam allowed him to have his defence
counsel but he refused to do so. He showed aggressive behaviour, defied the law, not fully
respected the Court (e.g. demolishing the bar with his foot) and libelled the Court. Not any
international or national legal standard could allow such deeds. Therefore, the authorities had to
apply the necessary measures to restore the order of the Court. Nguyen Van Ly was sentenced to 8
years of imprisonment and 5 years of administrative probation in accordance with Article 88 of
the Penal Code.
308. Regarding Mr. Chan Tin, born 15 November 1920, a priest of the Messiah, Ho Chi Minh
City and Mr. Phan Van Loi, born 9 March 1951, living in Hue city, the Government stated that
these are Vietnamese citizens, who fully enjoy all rights of freedom like other Vietnamese citizens.
The information that they “were put under house arrest” is completely ungrounded.
Observations
309. The Special Rapporteur is grateful for the Government's response. The previous mandate
holder, Mr. Abdelfattah Amor, had already sent two communications regarding Father Nguyen
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Van Ly (see E/CN.4/1993/62, para. 68 and A156/253, para. 77) to which the Government replied
(see E/CN.4/1994/79, para. 80 and E/CN.4/2002/73, para. 114).
Communication sent on 19 October 2007 jointly with the Special Rapporteur on the
question of torture and the Special Rapporteur on extrajudicial, summary or arbitrary
executions
310. The Special Rapporteurs brought to the attention of the Government information they had
received regarding Mr. Kpa Kin, a Christian believer aged 35, born at Ploi Tao Or village,
commune Ta Hru, district Cu Se in Gialai Province. According to the information received, in
April 2004 Mr. Kin participated in a demonstration calling for religious freedom and land rights,
following which he went into hiding. He was arrested on 16 December 2005 by security police
and detained in Cu Se District. He was then transferred to T-20 prison in Pleiku Province and
later to Phu Yen Province prison. Upon each transfer he was beaten with batons, kicked and
electro-shocked on all parts of his body. As a result, he became seriously ill and needed to be
taken to the hospital in Phu Yen Province, where the doctors, since they were unable to help him,
recommended that he be released for medical reasons. Howevei on 24 August 2007, Mr. Kin
died in Phu Yen Province hospital. When his family asked for his corpse to be returned to his
home in order to be able to bury him, the request was refused. The authorities argued that since
Mr. Kin was sentenced to three years in prison and had not yet finished his prison term, his body
will be buried at the prison; only after the expiration of the three-year term may his relatives
collect the corpse.
Response from the Government dated 18 December 2007
311. Mr. Kpa Kin, born in 1972, permanently residing at Tao Or Village in the Gai Lia
Province, was tried on 7 August 2006 for suspicion of carrying out illegal activities. He was
found guilty and sentenced to 11 years of imprisonment. He carried out his sentence at Xuan
Phuoc Prison, where he enjoyed medical care and regular health examinations and was allowed to
follow a vocational training course. In early July 2007, the medical doctors of the prison
diagnosed him with liver cancer. On 13 July 2007 he was admitted to the clinic in the prison but
his illness did not recede. On 24 July 2007, he was sent to a general hospital of Phu Yen Province,
where he was given wholehearted and thoughtful care by doctors and his family members, but
due to his liver cancer he passed away on 24 August 2007. Immediately after his death the Board
of Superintendents of the prison notified his family, the local administration where he had his
permanent residence and the People's Court of Phu Yen Province in order to follow the rules of
procedure to register the death of a prisoner in accordance with the laws.
312. The Government further stated that during his hospitalization in the Phu Yen Province, the
Board of Superintendents informed Mr. Kin's family members of his health status so they could
take care of him. His wife took care of him till his death, after which she signed a minute on the
forensic examination identifying the cause of death as liver cancer. Members of his family and
clan prepared his funeral, requesting the Board of Superintendents in writing to make
arrangements to bury him at a cemetery in Phu Yen Province. According to the Government,
Mr. Kin's stepfather thanked the doctors of the hospital, the prison personnel and Board of
Superintendents in writing for their care and assistance as well as for providing all the costs of the
funeral of Mr. Kin and financial assistance to cover the travel costs of his family members. He
also confirmed that his family and clan did not have any complaint about the death of Mr. Kin.
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Observations
313. The Special Rapporteur is grateful for the Government's response.
Communication sent on 30 November 2007 jointly with the Special Representative of the
Secretary-General on the situation of human rights defenders
314. The Special Procedures mandate holders brought to the attention of the Government
information they had received regarding the situation of Mr. Tim Sa Khorn, chief monk in the
North Phnom Denh temple and member of the Khmer Krom community in Cambodia. Mr. Tim
Sa Khorn acquired Cambodian citizenship after he moved in 1979 to the commune of Phnom
Denh in Kirivong District in Takeo Province because of acts of harassment against him.
According to the information received, on 8 November 2007, the People's Court of Justice of the
An Giang Province, Southern Vietnam, sentenced Mr. Tim Sa Khorn to one year's imprisonment
for “sabotaging the unification policy” under Article 87 of Vietnam's Penal Code, following a
pre-trial incommunicado detention of more than four months. The trial reportedly failed to meet
international standards as Mr. Tim Sa Khorn was denied the right to be represented by a lawyer
and to present his defence, including the opportunity to present his own witnesses or cross-
examine prosecution witnesses. Instead, he was forced to repeat a text read by the judge.
315. In 2002, Mr. Tim Sa Khorn was appointed as chief monk of North Phnom-Denh temple.
On 16 June 2007, Supreme Patriarch Tep Vong issued a religious decree in both Cambodian and
Vietnamese languages to defrock Mr. Tim Sa Khorn, accusing him of conducting activities that
were harmful to the Cambodia-Vietnam friendship. Subsequently, the Vietnamese authorities
allegedly circulated this decree to Khmer Krom Buddhist temples. On 3 July 2007, a
spokesperson of the Cambodian Minister of Foreign Affairs declared that Mr. Tim Sa Khorn “had
returned to Vietnam” after reportedly being summoned to the office of the religious head of the
Takeo Province in Cambodia and being forced to enter a car. On 2 August 2007 Vietnamese
authorities announced that he had been arrested for having illegally entered the country.
Response from the Government dated 29 January 2008
316. The Government conveyed the following information and clarifications. Mr. Tim Sa
Khorn, born in 1968, was residing at North Tham Dung temple, Tn Ton District in the Ta Keo
Province of Cambodia. Since April 2005, Mr. Tim Sa Khorn joined the “Khmers Kampuchea-
Krom Federation” (KKF) and for many times accepted money and equipments to arouse hatred
among nations, falsely accused Vietnam of suppression against religions and the Khmer minority
in Vietnam. On 16 June 2007, the Central Managing Board of the Cambodian Buddhism issued
the decision No. 502/07 DN dismissing Mr. Tim Sa Khorn from the monk community for reasons
that he had wrongfully conducted activities violating Buddhist dogmatics.
317. On 30 June 2007, Mr. Tim Sa Khorn illegally entered Vietnam. He was arrested and
provisionally detained by the Vietnamese border guards. He carried a number of distorted
documents aimed at undermining policies for the solidarity of all ethnic minorities in Vietnam.
Mr. Tim Sa Khorn admitted to the law enforcement agency of the An Giang Province that while
he lived in Cambodia, he joined the KKF and together with a number of Khmer from Southern
Vietnam wearing bronze clothes often organized gatherings to arouse hatred against Vietnam, to
lure the Khmer minority in Vietnam to request the secession from Vietnam and to create pretexts
to accuse the Government of Vietnam of suppressing the Khmer minority.
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318. On 9 July 2007, the Police Agency for Investigation provisionally detained Mr. Tim Sa
Khorn in accordance with Article 87 of the Penal Code. On 8 November 2007, the People's Court
of the An Giang Province in an open and fair trial found Mr. Tim Sa Khorn guilty of
“undermining policies for the solidarity of ethnic minorities” and sentenced him to 12 months of
imprisonment in accordance with Article 87 of the Penal Code. He is currently carrying out his
sentence and his health is normal.
Observations
319. The Special Rapporteur is grateful for the Government's response. She would like to take
this opportunity to refer to her predecessor's conclusions and recommendations after his country
visit to Vietnam (see E/CN.4/1999/58/Add.2, para. 107 [ d l i): “Several provisions are vague and
imprecise and therefore liable to permit interference by the authorities, by granting them
excessive discretionary powers, in religious matters, including arrest, detention and imprisonment
for religious activities that are in full conformity with international law. The following are the
problematical provisions: [ .1 (iii) The Penal Code establishes severe penalties for particularly
vague offences”. Special Rapporteur Amor also recommended (see E/CN.4/1999/58/Add.2,
para. 110 [ N): “As part of the procedure for bringing domestic legislation into conformity with
international law, on the one hand, relaxing or lifting the limitations placed on the exercise of the
right to freedom of religion or belief, retaining only those limitations which are admissible, i.e.
which do not undermine the enjoyment of the right itself, and on the other, eliminating the use of
vague, imprecise and ‘catch-all' expressions, in order to formulate and define clearly the conduct
to be punished, so that everyone is fully aware of what is prohibited.”
Yemen
Urgent appeal sent on 30 January 2007
320. The Special Rapporteur brought to the attention of the Government information she had
received regarding Mr. Dawood Yosuf Mousa, a local Jewish community leader from the village
of Al-Salem in northern Yemen. According to the information received, Mr. Mousa was
reportedly approached by four masked men on 10 January 2007 who gave him a letter which
warned that if the Jews did not leave within ten days they would be abducted, killed and their
property would be looted. The handwritten letter was allegedly signed by the leader of al-Houthi
supporters in the area of Saada. The threatening letter claimed that Jews work at “corrupting
people and making them abandon their values” and it concluded that “our religion ordered us to
fight the corrupt people and expel them. Allah is Greater, Death to America, Death to Israel, Curse
to Jews, and Victory to Islam.” The words of the last sentence are reported to be the slogan of the
slain Shiite cleric, Hussein Badr al-Deen al-Houthi. Subsequent to these threats, about 45 Jews
have sought refuge in a hotel in Saada City, the provincial capital. It is alleged that the Yemeni
Government is not providing enough security for them in their local areas.
Response of the Government dated 16 April 2007
321. The Government informed the Special Rapporteur that members of the Jewish community
in Yemen are equal with other Yemenis in Citizenship without discrimination. They enjoy the
protection of their Government equally as Muslim citizens. The Government considers their
protection a key part of its responsibility, according to constitutional and legal texts.
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322. On 10 July 2007, Jewish Yemeni citizens in the Al-Salem area in Sa'dah governance
received a threatening letter, signed in the name of the ALHOTHI supporters group. This terrorist
group targets not only particular groups but Yemeni citizens as a whole, including the Jewish
community. Following the letter, Jewish citizens complained to the local authorities in the region.
323. The Government of the Republic of Yemen has taken several measures. Local authorities
transferred the residence of all Jewish Yemeni citizens who were threatened to the capital
governorate Sa'dah, bearing all their accommodation expenses in an effort to ensure their well-
being. In addition, to ensure more security, the Government transferred the Jewish citizens with
their children and families to the capital Sana'a, where accommodation is being prepared.
Furthermore, Security services are pursuing the terrorists in an effort to catch them and present
them to the legal authorities. The Government of Yemen is aware of its obligations towards its
citizens and it is putting all available efforts to establishing security and stability within the whole
country, thereby considering all possible measure to maintain harmony within Yemeni Society.
324. The Government of the Republic of Yemen also added that it adheres to the right to
freedom of religion or belief in accordance with the principles set forth in the Declaration on the
Elimination of All Forms on Intolerance and of Discrimination based on Religion or Belief and
article 18 of the Universal Declaration on Human rights as well as the International Covenant on
Civil and Political Rights. The Government ensures that people are respected and make
accountable any person guilty of alleged violations. The Government is putting all its efforts to
adopting effective measures to prevent the recurrence of these acts and to safeguard the Yemeni
Jewish community, together with the whole Yemeni community, in compliance with the above
international instruments.
Observations
325. The Special Rapporteur is grateful for the Government's response.
