15 December 2011
Following Azerbaijan's passage of its latest set of legal changes restricting and punishing the exercise of freedom of religion or belief, groups of people who produce or distribute religious literature or objects without going through the compulsory prior state censorship now face prison terms of two to five years, or maximum fines equivalent to nearly nine years' official minimum wage per person. Azerbaijan has been steadily increasing restrictions on freedom of religion or belief and punishments for exercising this human right in recent years, Forum 18 News Service notes. Censorship-related "crimes" have mainly been moved from the Code of Administrative Offences to come under the Criminal Code, and in the Administrative Code an "offence" of leading Islamic prayers by those who have studied abroad has also been introduced. Particularly significant is a wide range of massively increased fines for exercising the right to freedom of religion or belief, which many "offenders" would struggle to pay.
14 December 2011
Six Jehovah's Witnesses in Azerbaijan's second city Gyanja have been given heavy fines for meeting for worship without the compulsory state registration, Forum 18 News Service has learnt. Only one of the fines was reduced at Gyanja Appeal Court today (14 December), leaving the total of the fines at 9,500 Manats (72,330 Norwegian Kroner, 9,300 Euros, or 12,090 US Dollars). This was described to Forum 18 as a "massive sum" by local standards. One of those fined, Rashad Niftaliyev, has within a twelve-month period now been fined a total of 3,650 Manats for exercising his freedom of religion or belief. Meanwhile, in Absheron District near the capital Baku, two Muslims were given official warnings for similarly meeting to discuss their faith in a private home without state registration. Responding to criticism of its restrictions on the exercise of freedom of religion or belief by Thomas Hammarberg, the Council of Europe Commissioner for Human Rights, Azerbaijan has claimed that "the Government supports all efforts to protect religious freedoms in the country and all over the world".
1 November 2011
Prison terms of up to five years or maximum fines equivalent to nearly nine years' official minimum wage are set to be adopted by Parliament in mid-November for groups of people who produce or distribute religious literature without going through Azerbaijan's compulsory prior state censorship of all religious literature. Also due are new punishments for those who lead Muslim worship if they have gained their religious education abroad, Forum 18 News Service has learnt. The punishments are included in proposed amendments to the Criminal and Administrative Codes prepared by the powerful Presidential Administration, and approved by two parliamentary committees on 28 October. Parliamentary officials told Forum 18 they are set to be adopted in one reading, probably on 15 November. "Insanity is only increasing," one member of a religious community who asked not to be identified told Forum 18.
12 September 2011
Rashid Abdulov, a Muslim who reads the works of theologian Said Nursi, told Forum 18 News Service he was pleased to have been freed on 7 September after nearly eight months' detention. But he rejects the extremism-related charges on which he was convicted and handed a one-year sentence of compulsory work. However, Ulyanovsk Regional Prosecutor's Office told Forum 18 the sentence is too "mild" and will appeal "as we believe he deserves a four-year term in a labour camp". Fellow Nursi reader Asylzhan Kelmukhambetov's appeal is continuing in Orenburg against his 18-month prison term. A diabetes sufferer, he is in the prison hospital. His lawyer told Forum 18 that the judge rejected her request for him to be freed while the appeal is heard. Eight criminal cases on extremism-related charges are underway against Jehovah's Witnesses in Russia, four of the cases against named individuals. One is already on trial, while the cases of two more have just been handed to court.
25 August 2011
Jehovah's Witnesses have described as "exorbitant" the administrative fines handed down to three of their members in Gyanja for holding a religious meeting. One was given a fine of nearly 18 months' official minimum wage, while the other two were each fined nearly six months' minimum wage. A fourth was officially warned. They are considering appeals to the European Court of Human Rights in Strasbourg. Forum 18 News Service notes that this is the first time the higher fines for religious activity introduced in December 2010 are known to have been imposed. Two Muslims who read the works of Said Nursi were acquitted of similar charges in August after a police raid on their meeting. Meanwhile, Hidayat Orujev, head of the State Committee for Work with Religious Organisations, has instructed the Muslim Board to amend its statute. He also warned that it is "unacceptable" for mosques to follow religious calendars that they choose and to decide whether to hold only Shia or Sunni prayers and events. The spokesperson for the State Committee denied to Forum 18 that this represents interference in the Muslim community's internal affairs.
27 July 2011
After a police raid in Azerbaijan's port city of Sumgait in mid-June, a judge gave the leader of a Baptist church, Pavel Byakov, a verbal warning not to meet for worship without state permission. The judge also warned that for a second "offence" Byakov will be fined, church members who asked not to be named for fear of state reprisals told Forum 18 News Service. A large quantity of literature confiscated in the raid has been given to the State Committee for Work with Religious Organisations, to decide whether the material is legal. Prolonged delays in dealing with applications for legal status still continue, over one and half years after the deadline for processing applications. In defiance of Azerbaijan's international human rights commitments unregistered religious activity is illegal. Two religious communities – Cathedral of Praise Protestant Church and Baku's Jehovah's Witness community - have challenged the State Committee's failure to re-register them through the courts, and Cathedral of Praise today (27 July) gained a court ruling that they should be re-registered. But it still remains unclear when or if this will happen.
26 July 2011
The European Court of Human Rights (ECtHR) has unequivocally declared that conscientious objection to military service is protected under Article 9 ("Freedom of thought, conscience and religion") of the European Convention on Human Rights and Fundamental Freedoms. Derek Brett of Conscience and Peace Tax International http://www.cpti.ws/ argues, in this personal commentary for Forum 18 News Service, that the ECtHR judgment in favour of Vahan Bayatyan, an Armenian Jehovah's Witness jailed for conscientious objection to compulsory military service has implications far beyond Armenia. He notes that the judgment also has implications for Azerbaijan and Turkey within the Council of Europe, and for states outside the organisation such as Belarus. He suggests that the ECtHR may develop its thinking to directly address the problem of coercion to change a belief such as conscientious objection, as well as to follow the UN Human Rights Committee in strengthening the protection of conscientious objection.
7 July 2011
ARMENIA: European Court finds conscientious objector was wrongfully convicted and jailed – but what will government do?
The European Court of Human Rights has today (7 July) published a Grand Chamber judgment finding that Armenia violated Vahan Bayatyan's right to freedom of thought, conscience and religion. Bayatyan, an Armenian Jehovah's Witness, was imprisoned from September 2002 to July 2003 for refusal on grounds of conscience to perform compulsory military service. Armenia currently has 69 prisoners of conscience – all Jehovah's Witnesses – in jail for refusing conscription. Armenian officials gave only cautious responses to the verdict to Forum 18 News Service, but Jehovah's Witnesses noted to Forum 18 that it should both lead to the prisoners of conscience being freed, and "help our fellow believers who are facing the same issue in Azerbaijan and Turkey". Armenia claims amendments to the Alternative Service Law now in Parliament will take the current alternative service out of the control of the military. But the wording of the amendments is unclear and does not unambiguously state this. Lieutenant Colonel Sasun Simonyan, who was involved in preparing the amendments, told Forum 18 that – as at present - anyone doing alternative service who violated their terms of service would be dealt with by the Military Prosecutor's Office.
13 June 2011
The state religious affairs official who led the police raid yesterday (12 June) on a Baptist congregation in Sumgait during Sunday morning worship explained away the lack of a warrant. "I'm the permission and the warrant," local Baptists quoted him as telling them. Also raided the same day was a Jehovah's Witness meeting in Gyanja, fellow Jehovah's Witnesses told Forum 18 News Service. Both were raided because they do not have the compulsory state registration and in both cases fines are expected. An official of the State Committee for Work with Religious Organisations defended its officials' participation in the raids, claiming they were "in accordance with the law". The raids came two days after Parliament approved yet further restrictive amendments to the Religion Law.
8 June 2011
Many of Azerbaijan's religious communities, whose re-registration applications have not been answered since the end of 2009, fear that the proposed raising of the required number of adult founders from 10 to 50 could see their current applications rejected, Forum 18 News Service has learned. The latest restriction on freedom of religion or belief is contained with other restrictive Religion Law draft amendments to be considered in Parliament on 10 June. Officials have given contradictory views on whether the increase in founders will be applied retroactively. This will be the 13th time that the 1992 Religion Law has been amended. Many communities fear that their intent is to force them to re-apply again, giving more opportunities for officials to impose pressure on communities and stop them gaining legal status. The Council of Europe's European Commission against Racism and Intolerance (ECRI) has described restrictions in the Religion Law on spreading one's faith and on religious literature as "incompatible with the case-law of the European Court of Human Rights". ECRI was also highly critical of the re-registration system.
6 June 2011
Azerbaijan's President Ilham Aliyev has sent new amendments to the Religion Law to the country's parliament, the Milli Mejlis, which is due to consider them on 10 June. Among other new restrictions in the draft text seen by Forum 18 News Service, they will require 50 adults to state that they are founders for a religious community to apply for state registration. Also the amendments increase the controls that the state requires religious headquarter bodies or centres to have over all communities under their jurisdiction. "This is the latest devious move to control religious communities through the law," a member of a religious minority told Forum 18. Muslim activist Ilgar Ibrahimoglu Allahverdiev noted that "these amendments are anti-Constitutional and violate the European Convention on Human Rights and United Nations human rights provisions". Iqbal Agazade, the only Milli Mejlis deputy of the opposition Umid (Hope) Party, told Forum 18 that "the amendments restrict human rights and are not in accordance with Azerbaijani law and international standards".
18 May 2011
Defending the raids in mid-May on three Protestant churches in Sumgait within three days was the press office of Azerbaijan's Interior Ministry. The police "did well", an official there told Forum 18 News Service. After a raid by up to 15 police officers on the Sunday worship service of one of the congregations, held in a local restaurant, two church members were today (18 May) each fined about two weeks' average local wages. On 17 May, some 20 police officers raided a private flat where members of another local church were meeting, seizing about 60 books. "You can't meet for religious purposes in a restaurant – there are mosques and synagogues for that," the Interior Ministry official insisted. He refused to give his name, telling Forum 18: "I don't know who you are. You might be a terrorist or Azerbaijan's enemy No. 1."