E/CN.4/1992/52
page 82
It stipulates, inter alia, that 'Any person who committed the offence of
apostasy shall be given a respite, the duration of which should be determined
by the court. If that person insists on apostasy after that respite, though
not newly Muslim, that person shall be punished by death.' It indicates, in
addition, 'if that person withdraws his apostasy before execution, then that
execution should not be implemented'."
Switzerland
67. In a communication sent on 31 October 1991 addressed to the Government of
Switzerland, the following information was transmitted by the
Special Rapporteur:
"According to information received, Mr. Frederic Maillard, commercial
director of an advertising firm in Fribourg, aged 25, was sent to Fribourg
Central Prison on 3 September 1990 because of his decision to refuse on
religious grounds to continue doing military service, having been a convinced
Christian since the age of 16.
When he was summoned to register for military service for the first time,
Mr. Maillard, citing his religious beliefs, submitted a request to the
military authorities to do his service in a non-armed unit, a request which
was granted. He did his four months' service at a training camp in 1985. The
compulsory refresher course scheduled for 1986 was postponed. Mr. Maillard
failed to appear for the inspection of weapons and equipment in 1987 and 1988.
On 4 April 1988, Mr. Maillard wrote to the military authorities,
informing them of his decision to refuse to serve for conscientious reasons
and did not report for the refresher course beginning on 18 April 1988. On
28 August 1989 he explained to the military tribunal of Division 1 at Payerne
that his decision arose from his profound religious beliefs, which involved
condemnation of any use of violence, making further performance of his
military obligations impossible.
According to the sources, the military tribunal is said to have
recognized that Mr. Maillard's refusal to serve was based on sincere religious
belief and that he was involved in a serious conflict of conscience.
Nevertheless, the court sentenced him to three months' imprisonment to be
served as a criminal judgement, to the costs of the case, and to dismissal
from the army."
Syrian Arab Republic
68. In a communication sent on 8 November 1991 addressed to the Government of
the Syrian Arab Republic, the following information was transmitted by the
Special Rapporteur:
"According to the information received, members of the Syrian Jewish
community residing in Aleppo, Damascus and Kamishli, suffer discrimination
because of their religion. It has been alleged that members of the Jewish
community are not allowed to emigrate from Syria and are permitted to travel
abroad only for short periods in order to visit relatives or undergo medical
treatment. It has also been alleged that the persons who wish to travel are