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way as to make them comparable to offences or crimes punishable by law; there
are also cases where religious leaders have been arrested without any charge
being brought against them; sometimes, members of sects considered to be
illegal are held without trial for periods of as long as five years.
2.
Infringements of the right to freedom of movement
82. The right to freedom of movement, defined in the Universal Declaration of
Human Rights and the International Covenant on Civil and Political Rights,
entails the right to freedom of movement and residence within the borders of a
State; the right to leave any country, including one's own, and that of not
being arbitrarily deprived of the right to entern one's country. Yet the
information gathered by the Special Rapporteur attests to a number of
infringements of these rights for reasons of religion.
83. The possibility of freedom of movement and freedom to choose one's
residence within a country are threatened in various ways by religious
intolerance; in several countries entire segments of the population belonging
to prohibited sects or tribes having religious beliefs different from the
majority religion have been deported; at times, high-ranking leaders of the
religious hierarchy are prevented from moving about within their country. In
some cases, believers are sent into internal exile, or placed under house
arrest. In others, foreign missionaries have been forced to leave their
country of residence because of the non-renewal of their residence permit. At
times, foreign members of a sect have been expelled from the place of
residence where they had taken refuge after they had been persecuted in their
own country, to which they were nevertheless forcibly repatriated, deported
and interned.
84. The right to leave any country, including one's own, may also be
infringed for essentially religious reasons. In one country, bishops who
wished to travel abroad to meet their spiritual leader were not given
permission to leave on that occasion; elsewhere, members of the clergy were
prevented from leaving their country on the pretext of the failure to renew
their passports. At times these limitations apply to nearly all the members
of one religion or religious community. Thus, in one country, not only do the
authorities refuse to allow members of one religious minority to leave the
country, but they have even arrested and brutally treated persons suspected of
complicity with members of this minority who succeeded in emigrating. In
another country, certain religious minorities, tens of thousands of whose
members apply to emigrate, are usually denied their request. In the case of
one particular minority in that country, the number of exit visas granted has
declined spectacularly in recent years.
85. Finally, there are also restrictions on the right of followers of certain
beliefs or religions to enter their own country. Spiritual leaders are
sometimes denied entry to their own countries following journeys abroad; in
other cases, the emigration of members of religious minorities in effect means
forfeiting their original nationality; expulsion and exile measures against
the followers of a faith or the members of the clergy also deprive them of the
right to return to their own country.