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332.
In March 2004, Mr. Muhammad al-Sahimi, a former Arabic teacher in
middle and high school, was banned from teaching and sentenced to three years
imprisonment and to 300 lashes for having expressed his views in class. The court had
found him guilty of un-Islamic, sexual, social and religious practices. Charges against
him had mainly been based on discussions he led on the varying concepts of love in
poetry. Religion teachers at his schools had interpreted his words as constituting
apostasy.
333.
The Special Rapporteurs requested the Government to indicate on what legal
basis Mr. Al-Harbi and Mr. Muhammad al-Sahimi had been sentenced and subjected
to criminal sanctions, and how this legal basis was compatible with international
norms and standards on the rights and freedoms provided for in the Universal
Declaration of Human Rights. They also wanted to know on what legal bas is Mr. AlHarbi’s lawyer was not recognized by the Court, and how this legal basis was
compatible with international norms and standards on the right to appropriate legal
assistance during a trial.
Observations
334. The Special Rapporteur is concerned that the Government has not responded to
her urgent appeals. She would like to draw the Government’s attention to paragraph 9
of General Comment 22 of the Human Rights Committee which provides that “the
fact that a religion is recognized as a state religion or that it is established as official or
traditional or that its followers comprise the majority of the population, shall not
result in any impairment of the enjoyment of any of the rights under the Covenant,
including articles 18 or 27, nor in any discrimination against adherents to other
religions or non-believers. In particular, certain measures discriminating against the
latter […] are not in accordance with the prohibition of discrimination based on
religion or belief and the guarantee of equal protection under article 26. The measures
contemplated by article 20, paragraph 2 of the Covenant constitute important
safeguards against the infringement of the rights of religious minorities and other
religious groups to exercise the rights guaranteed by articles 18 and 27, and against
acts of violence or persecution directed towards those groups.” Paragraph 10 provides
that: “If a set of beliefs is treated as official ideology in constitutions, statues,
proclamations of ruling parties etc. or in actual practice, this shall not result in any
impairment of the freedoms under article 18 or any other rights recognized under the
Covenant nor in any discrimination against persons who do not accept the official
ideology or who oppose it.”
335. The Special Rapporteur is concerned about the measures taken against those
individuals or groups who profess a different religion to the official religious doctrine
and urges the Government to take steps to ensure that freedom of religion does not
make adherence to a religion other than the State religion impossible.
Serbia and Montenegro
Response from the Government dated 14 February 2005 to a communication
sent on 27 October 2004 (See E/CN.4/2005/61/Add. 1, at paragraph 210)