E/CN.4/1999/58
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intolerance, and that investigations were under way. It also reported that an
investigation was being organized into the bomb attack on the Patriarchate.
It further stated that no information concerning the closing of the
Pentecostal church had been found. Turkey said that the rights of religious
minorities were guaranteed by its Constitution and the Lausanne Treaty of
Peace. In conclusion, it said: “Therefore, allegations levelled against the
Turkish Government in your letter are absolutely unfounded. Acts of crime
committed by some, still unidentified, people cannot be attributed to the
State. The Turkish Government never tolerates such crimes. On the contrary,
all institutions of the Greek Orthodox minority and the Patriarch himself are
under the close protection of the Turkish security forces.” The Special
Rapporteur wishes to point out that his communications are in no way intended
as criticism of a State; on the contrary, their purpose is to elicit its views
and observations in the interests of dialogue. In the first place, the
communication transmitted to Turkey in no way suggested that the authorities
were involved in the acts against Christians (with the exception of the
allegation concerning the Pentecostal church); secondly, it referred to the
fact that the police investigations had been unsuccessful. It is clearly
established in international law that the State is responsible for the
security of its citizens and, more generally, for all persons living on its
territory, even when acts committed against them are allegedly carried out by
non-State entities. With regard to the second communication, Turkey explained
that the authorities had never intervened in the internal affairs of the
Armenian Patriarchate and had not influenced the outcome of the elections.
Ukraine
102. There are reportedly difficulties with the restitution of a Catholic
place of worship in Sebastopol confiscated under the previous regime.
Yemen
103. In July 1998 three nuns belonging to Mother Teresa's Missionaries of
Charity Order were reportedly killed by a Muslim extremist in the town of
Hodeida.
B.
Analysis of communications
104. An analysis of the communications from the standpoint of the principles,
rights and freedoms enunciated in the 1981 Declaration reveals the following
seven categories of violation:
1.
Violations of the principle of non-discrimination in matters
of religion and belief
105. The characteristics of these violations are as follows: policies, laws
and regulations, discriminatory practices and acts against (a) certain
communities with regard to religion and belief, particularly when such
communities are minorities or do not subscribe to the official religion or
recognized religions and beliefs, and (b) against women based on
interpretations of religion and on traditions supposedly based on religion or
belief.