A/54/386
communications concern cases of intolerance or
discrimination, but it must be borne in mind that these
cases may represent either completely isolated
manifestations which are exceptional or manifestations that
reveal an overall situation of intolerance and
discrimination. Furthermore, the situations referred to in
the communications may affect freedom of religion and
belief or certain dimensions of those freedoms. Sometimes
they affect the whole of society or certain communities or
religious minorities. Also, the communications clearly do
not cover all religions and beliefs and the frequency with
which certain religions and beliefs, are referred to in the
communications does not indicate their general situation
in the world.
A. First series of communications and replies
12. Bangladesh. It is alleged that, on her return to
Bangladesh to be with her sick mother, there were renewed
calls for the murder of the writer Taslima Nasreen by
Muslim extremists, who accused her of blasphemy. The
prosecution of the writer under article 295 of the Penal
Code “for having deliberately and maliciously outraged the
religious sentiments of a class of citizens” is said to have
been resumed; likewise, an order for her arrest and the
confiscation of her property is said to have been issued.
13. Bolivia. The right to conscientious objection on
grounds of religious belief is reportedly not recognized in
law and it seems that there is no provision for any
alternative form of service.
14. Bulgaria. In December 1998, a Jehovah’s Witness
was allegedly imprisoned, in accordance with a judicial
decision upheld by the Court of Cassation, because of his
conscientious objection to military service. This sentence
seems to be inconsistent with both the Constitution, which
guarantees the right to perform alternative service, and a
law on alternative service that was adopted in October 1998
and entered into force on 1 January 1999.
15. The Government of Bulgaria confirmed the sentences
and the detention of the Jehovah’s Witness in question, but
stated that this person had been pardoned by the VicePresident of the Republic and released on 8 March 1999.
The Special Rapporteur thanks the Government of Bulgaria
for its prompt response and, while warmly welcoming the
pardon, wishes to know whether this measure, which does
not solve the problem of principle, was motivated by the
apparent inconsistency of the detention with the
Constitution and the new legislation on alternative service.
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16. China. It is alleged that, in October and November
1998 and January 1999, in Henan province, the security
services arrested members of Protestant congregations not
recognized by the authorities. Since the reply by China
could not be translated before the finalization of this
document, it will be summarized in the next report of the
Special Rapporteur.
17. Comoros. The right to conscientious objection on
grounds of religious belief appears not to be recognized in
law.
18. Eritrea. The right to conscientious objection on
grounds of religious belief appears not to be recognized in
law. The Government of Eritrea explained that, under its
legislation, military service is compulsory for a period of
18 months, consisting of six months of military training
and 12 months of civic activities. It stated that no
exemption was provided, except in the case of persons who
had fought in the national liberation war. The Special
Rapporteur’s comments on the Republic of Korea are also
relevant with respect to Eritrea.
19. Russian Federation. It is reported that, since 1996,
the Moscow Prosecutor of the Northern Administrative
Circuit has brought charges on five occasions against the
congregation of Jehovah’s Witnesses in the capital. The
first four cases were abandoned because of lack of
evidence. In September 1998, new charges were brought
under the 1997 Act on freedom of conscience and religious
organizations in respect of the proselytizing activities of
the Jehovah’s Witnesses, which were deemed illegal on the
grounds that they foster religious discord and are a threat
to Russian family life. If this prosecution was successful,
the registration of the Jehovah’s Witnesses would be
revoked and their congregation would be banned in
Moscow. Since the reply by the Russian Federation could
not be translated before the finalization of this document,
it will be summarized in the next report of the Special
Rapporteur.
20. Greece. It is alleged that the municipality of Galatsi,
a number of its residents and the officially recognized
Greek Orthodox Church are attempting to take possession
of the Church of Saint Savas in Panorama Galatsiou
region, which belongs to the Old Calendarist Orthodox
Church, despite a judgement in the latter’s favour.
Furthermore, members of the Old Calendarist Orthodox
Church are said to have been arrested and charged with
disturbing a religious gathering of persons who were in fact
using their church illegally.
21. The Government of Greece replied: “On examination
of the case of the property of the Church of Saint Savas in