E/CN.4/2006/5/Add.1
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places where prayers are held." It was reported that Mr. Aliev's committee was taking
"tough measures in order to close the churches." Mr. Aliev used a similar approach in
2002 in order to close down Baku's Azeri-language Baptist church. According to the
head of the Adventist Church in Azerbaijan, Pastor Yahya Zavrichko, the last time
that Mr. Aliev complained about the Church in the media he confirmed that he had no
facts of any violations committed. Concerns have been expressed that Rafik Aliev
frequently makes such allegations against named religious communities which are
never ba cked up with evidence.
14.
The local media allegedly is frequently used to conduct campaigns against
religious minorities. For instance, one Baku-based Protestant observed that repeated
allegations in the media that Protestants and Jehovah's Witnesses were conducting
illegal activity and would be shut down have created a climate of hostility in society.
Response from the Government dated 25 March 2005
15.
The Government indicated that Mr. Mahir Baghirov filed a complaint with the
Khatai District Court concerning the actions of the military official. He requested to
consider call-up paper No. 1328 dated 27 May 2004 illegal and proposed to adopt a
resolution to acknowledge his right to change military service to alternative service.
This resolution would serve as a precedence since Mr. Baghirov had been called up
according to the decision of the recruitment commission of the Khatai District
Military Commissariat even though he had been the member of the religious
community “Jehovah Witnesses” and was forced to serve despite his religious
obligations barring any military activity.
16.
Mr. Baghirov had passed the military training course of the Azerbaijan Medical
University, swore to serve, and received the military rank of medical service
lieutenant. He did not submit evidence that he had requested relevant bodies to relieve
him of his military rank. Moreover, Mr. Baghirov received the call-up paper No. 1328
from the Khatai District Military Commissariat of the Ministry of Defence on 1 June
2004, obliging him to arrive at the military unit No. 161. The call-up paper was based
on a Decree of the Minister of Defence of Azerbaijan No. 0305 date d 23 May 2004.
17.
According to Article 76 of the Constitution, the defence of the native land is
the duty of every citizen. The citizens must perform military service in accordance
with the rules determined by the Law. If doing military service contradicts the
convictions of citizens, it is possible to substitute military service for alternative
service only in those cases determined by the Law. Furthermore, according to Article
2 of the Regulations for alternative service, those male citizens aged 18 to 25 who
cannot do military service because of their confession must do alternative service
instead in compliance with Article 9 of the Law on Armed Forces of the Republic of
Azerbaijan. According to these Regulations, the only persons exempt from military
service are those who have a professional relationship with the religious orders, such
as priests and students in religious schools.
18.
Moreover, according the same Regulations, the citizens who cannot do military
service because of their confession should submit a written request to the call-up
commission at least 2 months prior to the call-up for active service. Mr. Z. Baghirov