A/59/366
Turkmenistan
75. On 16 March 2004, the Special Rapporteur sent to the Government of
Turkmenistan information according to which the new law on religion criminalizes
unregistered religious activity and requires religious groups to “coordinate” contacts
with foreigners with the Government and to get permission before receiving foreign
support such as funding and religious literature. In this context, on 30 November
2003, the police reportedly raided a Baptist service in Balkanabad and took
everyone present to a police station. The members of the congregation were accused
of breaking the new law on religion by worshipping without State registration.
76. The Special Rapporteur also referred to the closing of a Sunni mosque by the
State Security Ministry for not putting the Ruhnama (Book of the Soul), President
Saparmurat Niyazov’s spiritual writings, on the same stand as the Koran during
Friday prayers, which were filmed for TV.
77. Finally, the Special Rapporteur mentioned that, on 21 December 2003,
members of the secret police allegedly raided a Shi’ah mosque in the city of
Türkmenbashy (formerly Krasnovodsk) to break up a ceremony in memory of the
former president of Azerbaijan, Heidar Aliev. It was reported that the Government
had de facto banned Shia’h Islamic practice.
78. In a further communication dated 10 June 2004, the Special Rapporteur
referred to allegations according to which in March and April 2004, the authorities
had, amongst other things, fired a Jehovah’s Witness from his job, forced a Hindu to
sign a statement renouncing his beliefs, raided religious meetings, confiscated the
personal property of Baptists, and levied large fines against Baptists and Jehovah’s
Witnesses. Police reportedly sexually harassed a female Jehovah’s Witness.
United Kingdom of Great Britain and Northern Ireland
79. On 26 March 2004, the Special Rapporteur sent to the Government of the
United Kingdom information stating that, on 18 March 2004, vandals had attacked
about 40 Muslim graves at a cemetery in Charlton in an apparent hate crime.
Headstones were reportedly smashed and pictures removed from graves.
United States of America
80. On 28 June 2004, the Special Rapporteur sent to the Government of the United
States information according to which acts of religious intolerance against Muslims
and their religion had continued to occur throughout the country. In particular, it
was reported that the number of hate crimes coincided with a rise in Islamophobic
rhetoric in the public discourse in the United States. The Special Rapporteur gave
some illustrations of alleged incidents whereby public persons or media
professionals had portrayed or criticized Islam in ways that could constitute
incitement to religious hatred as prohibited by article 20 of the International
Covenant on Civil and Political Rights (ICCPR).
81. By letter of 3 August 2004, the Government of the United States of America
underlined the importance of the First Amendment to the United States Constitution
and the principle of freedom of expression. It further noted that because article 20 of
ICCPR was susceptible to expansive interpretation that could run contrary to the
freedom of expression, the United States had made a reservation to the Covenant
stating that “article 20 does not authorize or require legislation or other action by
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