A/HRC/16/53/Add.1
2.
(a)
Communication sent on 6 July 2010
Allegations transmitted to the Government
6.
The Special Rapporteur brought to the attention of the Government information
regarding Jehovah’s Witnesses living in Nagorno-Karabakh, including Mr. Boris
Begladyan, Ms. Gohar Nikolay Sargsyan, Ms. Victoria Avetisyan and Mr. Grisha
Khoren Nersesyan.
7.
According to the information received, local police disrupted religious meetings of
Jehovah’s Witnesses in the cities of Martakert (on 19 and 31 March 2010), Askeran (on 28
March 2010) and Stepanakert (on 30 March and 25 April 2010). In addition, two Jehovah’s
Witnesses were arrested on 27 April 2010 in Shushi although they were only visiting a
friend. Furthermore, on 2 May 2010, three Jehovah’s Witnesses in Stepanakert were
arrested as they happened to be in the same car together.
8.
The Jehovah’s Witnesses concerned were arrested, interrogated, fingerprinted and
charged under Article 206(2) of the “Code of Administrative Violations of NagornoKarabakh”. Subsequently, they were released and some of them have been fined. Mr.
Grisha Khoren, for example, was fined 300 drams by the “Administrative Panel of the
Askeran’s Mayor’s Office”. In addition, the organizers of the religious meeting of 30
March 2010 in Stepanakert were fined 1,000 drams by decision of the “Administrative
Panel of the Mayor’s Office of Stepanakert” on 4 May 2010.
9.
Local officials reportedly confirmed that the local police in Nagorno-Karabakh had
been instructed to arrest Jehovah’s Witnesses whenever two or more of them are gathered,
regardless of the reason for their gathering. The local officials also argued that article
206(2) of the “Code of Administrative Violations of Nagorno-Karabakh” prohibited
Jehovah’s Witnesses from meeting in public or in private because they had no registered
religious organization.
10.
More than 100 Jehovah’s Witnesses already applied for registration as a religious
organization in 2009. However, on 3 August 2009 the “State Registry Department of
Nagorno-Karabakh” denied registration based on the opinion of the Chief of the
“Department for National Minorities and Religious Affairs of Nagorno-Karabakh”. He
stated that Jehovah’s Witnesses should not be registered because they publicly share their
religious beliefs with others and that only the Armenian Apostolic Church was permitted to
do so.
11.
On 28 October 2009, the “Administrative Court of Nagorno-Karabakh” dismissed
the appeal by Jehovah’s Witnesses with regard to the denial of registration. However, the
decision also affirmed that non-registered religious organizations have the legal right to
hold peaceful religious meetings and discuss religious convictions with others.
12.
The Special Rapporteur referred to Human Rights Council resolution 6/37, in which
the Council urges “(f) To review, whenever relevant, existing registration practices in order
to ensure the right of all persons to manifest their religion or belief, alone or in community
with others and in public or in private; (g) To ensure, in particular, the right of all persons
to worship or assemble in connection with a religion or belief and to establish and maintain
places for these purposes and the right of all persons to write, issue and disseminate
relevant publications in these areas; (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”.
13.
Furthermore, the Special Rapporteur requested the Government of Azerbaijan to
transmit the allegation letter to the relevant authorities and to take all necessary measures to
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