CCPR/C/130/D/2661/2015
not dispute either the religious beliefs of Jehovah’s Witnesses to which the Agency objected
or the errors that the Agency made in mischaracterizing those beliefs, which proves further
the hazards of a State-sanctioned inquiry into the legitimacy of religious beliefs. It further
takes note of the authors’ arguments that the reasons given by the State party for prohibiting
the importation of the religious publications in question do not satisfy the requirements of
articles 18 (3) and 19 (2) of the Covenant because, they claim, the religious publications of
Jehovah’s Witnesses contain no calls to violence or incitement to religious hatred and those
same publications have been peacefully used and distributed by Jehovah’s Witnesses
worldwide.
9.6
The Committee reiterates that article 18 (3) of the Covenant must be strictly
interpreted; limitations on article 18 (1) of the Covenant must be prescribed by law, may be
applied only for those purposes for which they were prescribed and must be directly related
and proportionate to the specific need on which they are predicated. 14 The Committee
observes that the authors have sufficiently substantiated the interference with their rights and,
therefore, the burden of proof has shifted to the State party to justify the limitation imposed. 15
Furthermore, the Committee recalls that, when a State party invokes a ground in order to
restrict freedom of expression, it must demonstrate in a specific and individualized fashion
the precise nature of the threat and the necessity and proportionality of the specific action
taken, in particular by establishing a direct and immediate connection between the expression
and the threat.16 In the present case, the Committee notes the authors’ claim that the 2011
Law does not prescribe criteria on which the expert examination of religious literature should
be based. The reasons given for refusing to permit the importation of some of the authors’
publications suggest that permission may be refused for arbitrary or other prohibited reasons,
such as disagreement by the State or other religions with the religious principles expressed
in the literature. Moreover, religious freedom is particularly necessary to protect the rights of
those who adhere to unpopular beliefs. The importation ban that the 2011 Law may produce
is also problematic in the light of article 19, which guarantees “freedom to seek, receive and
impart information and ideas of all kinds, regardless of frontiers”. In addition, the Committee
notes that, in the present case, the State party has failed to substantiate its responses to the
authors’ claims or provide any examples to show how the prohibited publications threaten
any of the interests protected by article 18 (3). The Committee also notes that, since the
publications concerned are freely accessible on the Internet and can be imported for personal
use, as claimed by the State party, it is difficult to maintain that it was necessary to prohibit
their importation by the authors. In these circumstances, the Committee finds that the
limitation has not been shown to serve any legitimate purpose identified in article 18 (3); nor
has the State party shown that this limitation of the right to manifest religion is proportionate
to a legitimate purpose that it might serve. The Committee accordingly considers that the
State party has failed to justify the restrictions on the authors’ manifestation of their religion
and concludes that the refusal to permit the importation of the religious publications in
question is contrary to the freedom to manifest one’s religion and therefore amounts to a
violation of the authors’ rights under article 18 (1) of the Covenant.
9.7
In the light of its finding, the Committee will not examine separately the authors’
claims under article 19 of the Covenant.
10.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that
the facts before it disclose a violation by the State party of the authors’ rights under article
18 (1) of the Covenant.
11.
Pursuant to article 2 (3) (a) of the Covenant, the State party is under an obligation to
provide the authors with an effective remedy. This requires it to make full reparation to
individuals whose Covenant rights have been violated. Accordingly, the State party is
obligated, inter alia, to (a) remove the restrictions on the right of the authors to import the 10
religious publications; (b) take appropriate steps to provide the authors with adequate
compensation, including for legal expenses and fees; and (c) review its legislation,
regulations and practices with a view to ensuring that the rights under article 18 of the
14
15
16
12
General comment No. 22 (1993), para. 8.
General comment No. 34 (2011), para. 27.
Ibid., para. 35.