A/HRC/7/10/Add.2
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46. Furthermore, in a recent case, the Human Rights Committee observed that, while the right
to manifest one’s religion or belief did not as such imply the right to refuse all obligations
imposed by law, it provided certain protection, consistent with article 18, paragraph 3, of the
International Covenant on Civil and Political Rights, against being forced to act against a
genuinely held religious belief. The Committee also recalled its general view, expressed in
general comment No. 22, that to compel a person to use lethal force, although such use would
seriously conflict with the requirements of his conscience or religious belief, fell within the
ambit of article 18.4
I. Counter-terrorism measures
47. Tajikistan has banned as terrorist groups, inter alia, Hizb-ut Tahrir, Bay-at and the
Islamic Movement of Uzbekistan. In 2006, the Tajik Supreme Court added 10 organizations and
political groups to the country’s official terrorist list, including al-Qaida, Harakati Tablighot,
Jamiyati Tablighot, the Islamic Party of Turkestan, Sozmoni Tabligh and Tojikistoni Ozod.
48. The Office of the Prosecutor General informed the Special Rapporteur that, between 2004
and 2006, the preliminary investigative bodies of Tajikistan opened 193 criminal cases relating
to 293 individuals on the basis of allegations of inciting ethnic, racial, regional or religious
enmity (article 189 of the Criminal Code) and public calls for a violent change to the
constitutional order or the organization of activities for “extremist organizations” (art. 307).
Of these, following completion of the preliminary investigation, 119 criminal cases relating
to 209 individuals were sent for trial.
49. Many of the suspects received lengthy prison sentences, such as a member of the
Islamic Renaissance Party of Tajikistan who was sentenced on 22 December 2006 by the
Khujand city court to nine years’ imprisonment for inciting religious hatred, whereas his
party-fellows claim that he was convicted for praying for all Muslims, including Muslims of
Afghanistan and Palestine. In 2006, the regional court in Sughd sentenced six members of the
Islamic Movement of Uzbekistan to prison terms ranging from 9 to 19 years on charges of
organizing a criminal group, terrorism, hostage-taking, illegal carrying, possession and
acquisition of weapons. Some appellate courts have re-sentenced Hizb-ut Tahrir members to
significantly longer prison terms in comparison to the sentence at first instance. Furthermore, the
overall acquittal rate in criminal cases in Tajikistan is very low; only 72 of 4,209 people were
acquitted in the first half of 2005 (E/CN.4/2006/52/Add.4, para. 42).
50. A number of the Special Rapporteur’s interlocutors stressed that certain religious groups
and leaders used religion as an instrument of fear. Their veiled or open threats prevented people
from speaking out openly. People chose to remain silent in the face of peer pressure and the
4
Views of the Human Rights Committee under art. 5, para. 4, of the Optional Protocol to
the International Covenant on Civil and Political Rights, communications Nos. 1321/2004
and 1322/2004, Mr. Yeo-Bum Yoon and Mr. Myung-Jin Choi v. Republic of Korea
(CCPR/C/88/D/1321-1322/2004), para. 8.3.