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conducted courses, teaching and religious events for minors in a summer camp in
Nukus district without the consent of the parents. According to article 9 of the Law on
“Freedom of conscience and religious organizations”, religious organizations may
establish schools only if they are properly registered and have the relevant licences for
these purposes. Mr. Kim and Mr. Kmit, after the discontinuation of registration of the
Peace Protestant Church, started to act as leaders of the newly founded Nukus
Christian-Evangelistic Presbyterian Church organization and made several
applications for registration of this organization. Three applications had been rejected
for violation of application procedures and shortcomings in documents. However,
since October 2002, no new application had been received by the justice department.
Not being registered, the Nukus Christian-Evangelistic Presbyterian Church violated
provisions of a number of existing laws and regulations by its unlawful religious
activity. The case was reportedly studied and reviewed by the court and law
enforcement body of Karakalpakstan and the court issued a warning to Mr. Kim and
Mr. Kmit. However, they continued their unlawful activity involving religious activity
and teaching of children without State registration, a licence or the consent of parents
of minors. In December 2002, law enforcement bodies of Karakalpakstan brought a
criminal case against Mr. Kmit for violations of the Criminal Code but, in accordance
with the Presidential Amnesty on the occasion of the tenth anniversary of Uzbekistan,
the case against him was discontinued. Mr. Kim participated in the case as a witness.
After that, the two men continued their unlawful activities. On 26 September 2003,
the Nukus City Court sentenced Mr. Kim and Mr. Kmit to the administrative
punishment of a fine. This decision was not adopted against their belief or religious
practices but for the violation of existing laws and regulations concerning the activity
of religious organizations in Uzbekistan.
342. With regard to the Evangelical Baptist Church in Khalkabad village, Pap
district of Namangan Province, the Government indicated that it had not applied for
registration with the justice department.
343. The Government also informed the Special Rapporteur that the Evangelical
Baptist Church in Urgench City, Khorezm, had systematically violated laws and
relevant documents in the course of its activity. It received numerous notifications and
warnings from the local justice department and as well as from the governing board
and headquarters of the Evangelical Baptist organization of Uzbekistan. However, the
Khorezm Church ignored them all. It continued to violate laws and regulations,
including those concerning the involvement of children in religious activities without
the consent of their parents, establishing an unlawful library and disseminating illegal
literature among children and other people and other violations of, in particular, the
provisions of the Law on “Freedom of conscience and religious organizations”. Pastor
Oleg Bader participated in the perpetration of these violations. On 27 November
2003, the Evangelical Baptist Church in Urgench City was fined five times the
minimum monthly wage. The fine reportedly did not affect Mr. Bader directly but
only his organization. Moreover, on 27 February 2004, the Justice Department of
Khorezm Province decided to discontinue the registration of this organization and it
was closed down.
Follow-up to previously transmitted communication
344. By letter dated 22 December 2003, the Government of Uzbekistan provided
additional information in response to a communication sent by the Special Rapporteur