A/HRC/4/21/Add.2
page 13
E. Conscientious objection
62.
Before and during her visit to Azerbaijan, the Special Rapporteur received a number of
reports related to the difficulties faced by conscientious objectors. In most cases the alleged
victims are members of the Jehovah’s Witness community who have refused to perform military
service due to their religious convictions.
63.
The Special Rapporteur is aware of the commitment made by Azerbaijan when it
became a member of the Council of Europe and notes that there have been some proposals
for the establishment of alternative service. Moreover, she notes that, according to article 76 of
the Constitution, “if serving in the armed forces runs counter to a person’s convictions then
active military service can be replaced by an alternative service in the cases specified by the
law”.
64.
However, currently in Azerbaijan, in particular with a view to the situation with
Armenia, there does not seem to be the political will to accept the principle of an alternative
service. This principle is vigorously opposed by official governmental bodies that organize
military service.
65.
The position of the judiciary, including the Supreme Court of Azerbaijan, is that since
there is no law on alternative service there is no right to conscientious objection, a position that
may be disputed in international law.
66.
The Special Rapporteur had already addressed cases of conscientious objection in her
previous communication report to the Commission on Human Rights (see E/CN.4/2006/5/Add.1,
paragraphs 12 to 26).
F. Places of worship and religious sites
67.
The Special Rapporteur has received detailed information on the problems allegedly
faced by members of the Juma Mosque Community in Baku and their imam Ilgar Ibrahimoglu.1
At the official level, she was regularly told that these problems were provoked by the political
activities of Ilgar Ibrahimoglu and were not related to religion.
68.
The congregation of the Juma Mosque refused to be registered with SCWRA on the
ground that they previously registered in 1993. The authorities had the premises vacated in
January 2004 and after protracted litigation the mosque was turned over to the Icheri Sheher
Historical and Architectural National Reserve. It was then closed for renovation.
69.
The imam of the Juma Mosque was replaced by CMB. Government sources admit that
this was done because of the imam’s active support of the opposition parties. He was also
convicted and sentenced to a five-year suspended sentence for facts related to his participation in
post-election demonstration in October 2003, at a trial which independent observers confirm did
not respect the principles of fair trial. Owing to this suspended sentence, Ilgar Ibrahimoglu has
been prevented from travelling abroad on many occasions.