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of 7,835. The five appealed against the actions of the customs officials and as a result
a judicial investigation was conducted. The investigation found the actions of the
customs officials to have been lawful.
443.
The Government informed that the law enforcement bodies of the Republic
of Karakalpakstan had established that Asa Bekabayeva, an English teacher, was
instructing pupils about Hare Krishna on her own initiative. She voluntarily handed
over 90 books, 3 Hare Krishna audio-teaching cassettes and 13 photographs to the law
enforcement bodies. She was warned that she was not entitled to engage in religious
instruction with the appropriate permission. She was tried before Ellikalin District
Court for an offence under Article 241 (violation of legislation on religious
organizations) of the Code of Administrative Offences and was fined a sum of 39,175.
444.
The Government informed that officers from the Department of Internal
Affairs conducted an inspection of a named individual’s house, during which they
discovered and confiscated 20 religious books belonging to Viktor Klimov. The
expert examination determined that the literature was permitted only for use in
religious organizations. No criminal case was initiated against Vikto Klimov and the
confiscated books were returned to their owner.
Observations
445.
The Special Rapporteur is grateful for the Government’s response. She
would like to point to the Concluding Observations of the Human Rights Committee,
dated 26 April 2005, (CCPR/CO/83/UZB), paragraph 22: “The Committee notes that
the provisions of the Freedom of Conscience and Religious Organizations Act require
religious organizations and associations to be registered in order to be able to manifest
their religion or belief. It is concerned about de facto limitations on the right to
freedom of religion or belief, including the fact that proselytizing constitutes a
criminal offence under the Criminal Code. The Committee is also concerned about the
use of criminal law to penalize the apparently peaceful exercise of religious freedom
and the fact that a large number of individuals have been charged, detained and
sentenced and that, while a majority of them were subsequently released, several
hundred remain in prison.” The Special Rapporteur joins the Human Rights
Committee in its recommendation that it should ensure that its legislation and practice
are in full conformity with article 18 of the International Covenant on Civil and
Political Rights.
446.
Moreover, the Special Rapporteur wishes to emphasize that the right to
freedom of religion is not limited to members of registered religious communities. As
she reminded in her previous report to the Commission on human rights, referring to
the OSCE/ODIHR Guidelines for Review of Legislation pertaining to Religion or
Belief, “registration should not be compulsory, i.e. it should not be a precondition for
practicing one’s religion, but only for the acquisition of a legal personality and related
benefits” (E/CN.4/2005/61, para. 58).
447.
Finally, she reiterates that she is still awaiting an invitation from the
Government to carry out a visit in Uzbekistan.