A/55/280
Indonesia
70. With regard to the case of the Muslim girl who
converted to Christianity and disappeared for a period
of time (see document E/CN.4/2000/65, para. 50),
Indonesia has given a detailed account of the Court’s
conclusions in this case, which were as follows. In
March 1998, an evangelist had placed the girl under the
protection of a certain man after announcing that she
had converted. The evangelist was therefore afraid of
being punished by her family. The girl then stayed in
seclusion without any outside contact, even with her
family, until she enrolled in a Christian school in July
1998 under a false name. Meanwhile, the man who had
taken responsibility for her had forced her to have
sexual relations. On 23 September 1999 he was
sentenced to eight years’ imprisonment for rape of a
minor and not on the basis of accusations of forced
conversion or blasphemy.
Iran (Islamic Republic of)
71. With regard to the trial of members of the Jewish
community and of Muslims (see document
E/CN.4/2000/65, paras. 51-52), the Islamic Republic of
Iran has regularly kept the Special Rapporteur
informed. On 30 March 2000, the Islamic Republic of
Iran submitted the following explanation:
In accordance with the relevant laws and
regulations, the accused persons enjoy the right to
be defended by lawyers of their own choice. The
competent court in Shiraz has announced that up
to now they have not chosen their own lawyer(s).
As stipulated in the relevant laws and regulations,
in the absence of any chosen lawyer, the court
will ask the Bar Association to appoint a lawyer
to defend them. The first hearing session of the
court for the trial of the said persons will begin
on 13 April 2000.
72. On 4 July 2000, the Islamic Republic of Iran
wrote as follows:
Referring to your letter regarding the trial of
a group of people (including Jews and Muslims)
on charges of espionage, I would like to inform
you that they were tried by the court in Shiraz in
the presence of lawyers of their own choice. In
accordance with the relevant laws, the court
acquitted five owing to insufficient evidence, and
sentenced 12 to imprisonment, owing to clear
evidence and confession of the accused. The time
spent in detention will be included in prison
terms. However, the case is still open and the
accused and their lawyers have the right to appeal
during 20 days after the issuance of the verdicts.
The verdicts of acquittal were issued for the
following five persons: Tymor Rezaii, Hussein
Qabileh, Nejatollah Brukhimnejad, Omid Teflin
and Navid Balazadeh. The following 12 persons
were sentenced to 2 to 13 years’ imprisonment:
Asher Zadmehr (13 years), Naser Levy Hayyam
(11 years), Farhad Seleh (8 years), Javid Bent-e
Yacoub (9 years), Shahrokh Paknahad (8 years),
Hamid Teflin (13 years), Farzad Kashi (18 years),
Ramin Fazam (10 years), Farzam Kashi (5 years),
Ramin Nematizadeh (14 years), Ali-Akbar Safaie
(2 years) and Mehrab Yusefi (2 years).
Ukraine
73. In reply to the allegations on the situation, legal
and otherwise, in the area of freedom of religion and
conviction in Ukraine (see document E/CN.4/2000/65,
para. 98), Ukraine gave a detailed account of its
international commitments (its accession to the
European Convention for the Protection of Human
Rights and Fundamental Freedoms) and its legislation
(the Constitution and the Act of 23 April 1991 on
Freedom of Conscience and Religions Organizations),
which guaranteed, on the one hand, freedom of religion
and conviction and any manifestation of them, while
acknowledging certain restrictions, and, on the other
hand, the principle of non-discrimination. It was stated
that no one could be exempt from his or her obligations
to the State, nor could one refuse to obey the law for
reasons connected with his or her religious convictions.
It was added that when military service was against a
person’s religious convictions it was replaced by
another form of non-military service. Ukraine
explained that legislation governing the exercise of the
right to freedom of conscience and religion was
currently under review. It stated that:
As a result of the closer relations between
the State and the Church that have developed
since Ukraine attained independence, the number
of religious organizations has grown by 10,321, a
rise of 78.1 per cent. The increase was most
marked in 1999, when 1,695 organizations were
established, including 584 small independent
communities. There are 23,543 religious
organizations in Ukraine, representing 52
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