CCPR/C/130/D/2661/2015 State party’s observations on the merits 6.1 In a note verbale dated 2 May 2016, the State party submitted its observations on the merits. It notes that, under article 9 of the 2011 Law on Religious Activity and Religious Associations, informational material with religious content may be imported into the State party only by registered religious associations after having been given a positive assessment in a religious expert examination. According to article 4 (6) of the Law and the guidelines for conducting a religious expert examination, confirmed by government ruling No. 1311 of 15 October 2012, the responsibility for religious expert examinations falls under the Agency for Religious Affairs. 6.2 The Christian Centre of Jehovah’s Witnesses requested the Agency for Religious Affairs to carry out a religious expert examination and provided copies of the magazines Awake! and The Watchtower and the brochure Examining the Scriptures Daily – 2013 in Kazakh and in Russian. The outcomes of the examinations of 39 of the 79 informational materials were positive; 23 were returned without examination on the request of the Christian Centre; 7 were being examined. Negative assessments were issued and importation permission denied in respect of 10 informational materials: the November 2012 issue of Awake! magazine (in Russian); the 15 January 2013, 15 February 2013 and 15 March 2013 issues of The Watchtower (in Russian and in Kazakh); the October–December 2012 issue of The Watchtower in Kazakh; and the brochure Examining the Scriptures Daily – 2013 (in Russian and in Kazakh). 6.3 According to the religious expert examination, the 10 publications that were rejected contained calls for incitement to social and religious discord, ideas proning the superiority of the religion concerned over other religions, promoting the break-up of family relationships and encouraging the formation of negative attitudes towards political organizations, other religions and traditional and world religions, and propaganda for the desirability and necessity of destroying all religions. 6.4 In court, the Christian Centre disputed the results of the expert examination and asserted that the Agency’s decisions infringed the freedom of religion. In a decision of 3 July 2013, the Specialized Inter-District Economic Court of the City of Astana rejected a request by the Christian Centre of Jehovah’s Witnesses regional religious association to declare unlawful the expert assessment of the Agency for Religious Affairs refusing permission for the importation of the publications and to order that the violation be remedied. In a ruling of 27 August 2013, the appellate chamber for civil and administrative cases of the Astana City Court upheld this decision. That ruling was upheld on 6 May 2014 by the Cassation Chamber of the Astana City Court. The Supreme Court, in a ruling of 4 September 2014, refused to initiate supervisory review proceedings. 6.5 As to the merits, the State party submits that, as established during the judicial proceedings, the religious expert examinations found signs of incitement to social and religious discord in the content of the magazines and booklet concerned. Pursuant to article 20 (2) of the Covenant, any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. The State party refers to general comment No. 22 (1993), in which the Committee established that no manifestation of religion or belief may amount to propaganda for war or advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence (para. 7).7 6.6 The State party refers to the limitations provided for under articles 18 (3) and 19 (3) of the Covenant. Based on the Siracusa Principles on the Limitation and Derogation Provisions in the Covenant, the expression “public order” as used in the Covenant may be defined as the sum of rules which ensure the functioning of society or the set of fundamental principles on which a society is founded. Respect for human rights is part of public order. 7 6 Note also that, in its general comment No. 11 (1983), the Committee indicated that these required prohibitions are fully compatible with the right of freedom of expression as contained in article 19, the exercise of which carries with it special duties and responsibilities. For article 20 to become fully effective there ought to be a law making it clear that propaganda and advocacy as described therein are contrary to public policy and providing for an appropriate sanction in case of violation (para. 2).