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on the Tak Bai incident, and shall promptly submit their recommendations
to the Prime Minister and the Cabinet on systemic measures and
administrative approaches to manage similar situations should they recur.
The study shall address, inter alia, the issues of how to prevent such
situations as well as the required procedures, including legal and law
enforcement problems. It should also address the question of the
inadequacy or unavailability of equipment and facilities that are needed,
and should submit recommendations on their procurement.
Recommendations are also to be made on regulatory measures on
prevention.
Observations
240. The Special Rapporteur is grateful for the details provided in the responses
sent by the Government.
The former Yugoslav Republic of Macedonia
241. On 15 March 2004, the Special Rapporteur sent a communication to the
Government of the former Yugoslav Republic of Macedonia in relation to information
according to which on 11 January 2004, police interrupted a church service in Bitola
and arrested Archbishop Jovan (Vraniskovski) of the Serbian Orthodox Church, four
monks, seven nuns, and a theology student from Bulgaria. Archbishop Jovan had been
previously arrested on 20 July 2003 for attempting to perform a baptism in a
Macedonian Orthodox Church. The arrests reportedly took place in the apartment of
Archbishop Jovan’s father, where the service was taking place. The apartment had
been turned into a small chapel with the name ‘The Ascension of the Lord’. All those
arrested were allegedly held in custody for 24 hours. After his release, Archbishop
Jovan was reportedly re-arrested and sentenced to 30 days’ “investigative detention”
and the Bulgarian student was deported and banned from entering the country for two
years. Archbishop Jovan has reportedly been charged with “dissemination of national,
racial and religious hatred, disorder and segregation”. The monks and nuns arrested
would allegedly be charged with “disturbance of public peace and order”.
Follow-up to previously transmitted communication
242. By letter dated 26 January 2004, the Government of the former Yugoslav
Republic of Macedonia replied to a communication sent by the Special Rapporteur on
13 October 2003 related to a question similar to that raised in the communication
dated 15 March 2004.
243. The Government first emphasized that freedom of religion and belief is
guaranteed in the Constitution of the Republic of Macedonia. Article 19 of the
Constitution guarantees the right to express one's faith freely and publicly, individually
or in community with others. All religious communities are equal, i.e. have equivalent
legal status. Religious communities and religious groups are separate from the State and
are equal before the law. Freedom of religion is elaborated in greater detail in the Law
on Religious Communities and Religious Groups of 1997, which regulates issues
in the field of the legal status and work of religious communities and religious
groups. Upon the initiative of certain religious groups and of the Helsinki