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literature were reportedly ordered by the court to be destroyed. No proof was
produced that Mr. Kushchevoy was actually giving religious instruction. This
sentence appeared to be part of a growing trend to destroy religious literature, as well
as to target both Jehovah's Witnesses and Protestant Christians. However, since 2002,
the authorities had not been using the criminal law against these religious minorities,
using other means of attacking them instead.
335. By letter dated 13 December 2004, the Government responded that article 12
of the Criminal Procedure Code of Uzbekistan guarantees freedom of conscience of
all detained or convicted persons. They have the right to worship and exercise their
belief in any religion or to believe in no religion. At the request of imprisoned or
detained persons, priests of appropriately registered religious institutions are invited to
visit them. Imprisoned and detained persons are allowed to worship and to use all
necessary materials and literature. Persons sentenced to death are allowed before
execution to carry out relevant religious rites during visits of priests. Religious
ceremonies and practices are optional in prisons, and these practices should not
violate the internal rules and regulations of penitentiary institutions, and should not
infringe upon the rights and legal provisions affecting other persons. Moreover, article
137 of the Criminal Procedure Code clearly provides for the exercise of the right of
persons sentenced to death to meet priests.
336. The Government indicated that the death sentence against Mr. Gugnin adopted
on 28 October 2002 was commuted to 20 years’ imprisonment on 26 March 2004. On
23 December 2003, while he was imprisoned in the penitentiary institution, he met
with Father Igor, a priest of the Dombrabad Cemetery Church. The death sentence
against Mr. Arutyunyants adopted on 31 May 2000 was commuted to 20 years’
imprisonment on 29 December 2001. On 14 January 2004, during his imprisonment in
the penitentiary institution, he also met with Father Igor. Hence, the allegations that
the two men were denied visits by a member of the clergy and religious literature of
their choice were groundless.
337. The Government further stressed that the Jehovah’s Witnesses Church was
officially registered on 20 August 1999 with formal and legal address at 4,
Nodirabegim Street, Chirchik City, to exercise worship and prayers. This organization
had bought an additional building in the city but had not obtained relevant
permissions and registrations from the City Administration, the Architecture Board,
the Fire Department, the Sanitary and Epidemics Control Department and the local
self-governance body in order to pray and conduct religious events in the new
building. On 18 September 2003, 48 Jehovah’s Witnesses conducted religious
services in the new building, which contradicted the existing law. In view of this
situation, law enforcement bodies recommended to the organization that it formalize
the necessary documents in order to conduct religious activities in the building and
absolve members of the organization from any responsibility. In this connection, the
Government wished to underline that the observance of provisions stipulated in the
law is aimed, first and foremost, at ensuring the rights, interests and security of
religious organizations.
338.
According to the Government, on 20 December 2003, Gulya Boikova and
Parakhat Narmanova, having no specific religious education or degree and no
permission from the central board of the religious organization Jehovah’s Witnesses,