E/CN.4/2006/5/Add.1
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underwent a routine medical check on his arrival. They indicated that he had been
suffering from tuberculosis before he was admitted to the prison.
418.
The Government informed that under Article 12 of the Penal Correction
Code, convicts are guaranteed freedom of conscience. It informed that Iskander
Tolipov is entitled to profess any religion or not to profess and religion at all. The law
allows inmates to practice religious rites and make use of articles of worship and
religious literature. The Government informed that these requirements of the law are
strictly observed by the administration of the institution.
Communication sent on 7 June 2005
419.
The Special Rapporteur was informed that Uzbek authorities had banned the
relics of two saints recognized by the Russian Orthodox Church from entering the
country. The two saints, Grand Duchess Elizaveta Fyodorovna and a lay-sister
Varvara, were reportedly both nuns martyred in 1918, by being thrown alive down a
mine shaft. Reports indicated that the relics had already been brought to eight other
former Soviet republics over the past six months.
420.
The Special Rapporteur was further informed that the Protestant Peace
Church, in the town of Chirchik, outside the capital Tashkent, and the capital's
Jehovah's Witness congregation were the latest religious communities to be refused
registration by the Government. Both communities would now be at risk of
prosecution and therefore the possibility of being imposed large fines and jail terms.
The reasons given to the Peace Church for the decision on 7 January 2005 reportedly
included the claim that their application contained "many grammatical and spelling
mistakes." In fact, it was reported that none of the reasons given were specified by
Uzbekistan's religion law. Reports indicate that the Tashkent community of the
Jehovah's Witnesses had long been denied registration, despite renewed attempts to
register since March 2004. Refusal to register a religious community has serious
implications. Indeed, the country's law on religions makes the activities of an
unregistered religious community subject to prosecution, both as administrative and
criminal offences. Reports indicate that, in 2004, only one new non-Muslim religious
community was registered by the State.
421.
On 11 February 2005, Hal ima Boltobayeva, a Muslim from Margelan
whose husband was in jail, had reportedly been freed after two months in jail and
given a one year suspended sentence. Concerns had been expressed that she was
framed by prison staff, after she refused to accept their claims that she dressed like a
"shahidka", a term reportedly widely used for a female Muslim terrorist. She
reportedly wears the hijab headscarf and a long garment that covers her entire body.
In order to justify their actions, the prison staff claimed to have found leaflets on her
from the banned Islamist group Hizb-ut-Tahrir. However, Ms. Boltova insisted that
these leaflets were planted. The Prosecutor had reportedly demanded that she receive
a three year jail sentence, which demand Judge Zainuddin Begmatov did not accept.
Judge Begmatov, who presided at all three sessions of the trial, imposed the one year
suspended sentence for Ms. Boltobayeva's alleged breaching of both article 25 of the
Criminal Code (preparation for a crime or attempt to commit a crime) and article 159
(undermining the constitutional order).