E/CN.4/2005/61/Add.1
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17.
On 2 April 2004, a court convicted Ilgar Ibrahimoglu Allahverdiev on the
charges of having, in agreement with others, organized mass disturbances on 15 and
16 October 2003 by committing acts of violence, pogroms, and destruction of
property in order to change the results of presidential elections. Those events resulted
in the closing of a number of schools and acts of violence caused huge damage to
shops, hotels, cafés and medical centers; some citizens were beaten by the participants
in the rally. In total, 150 policemen and 25 civilian persons suffered injuries of
various severity and the material damage was estimated at approximately US$
680,000 for State property and US$ 10,000 for private property. Following his
conviction, the court gave Ilgar Ibrahimoglu Allahverdiev a suspended sentence of
five years’ imprisonment.
18.
On 27 October 2004, the Special Rapporteur transmitted a communication
regarding information according to which, on 16 September 2004, the Baku Court of
Appeal confirmed a district court decision that rejected Jehovah's Witness Mahir
Bagirov’s submission that the request that he present himself for military service was
illegal and unconstitutional. Despite a constitutional right to perform alternative
service and the State’s commitment to the Council of Europe to introduce a law
regulating such alternative service, for which the deadline had long expired, Mr.
Bagirov, aged 28, had reportedly failed to secure this right in two court hearings.
Reports indicated that he had lodged an appeal with the Supreme Court but fears had
been expressed that he could have been sent to a military unit at any time. According
to the information received, Mr. Bagirov was called up in 2000 and informed the
recruitment office that he wished to perform alternative service because of his faith.
Although his application received no response, he received a three-year deferment as
he had started studies. He was called up again in May 2004 and ordered to report to a
military unit. On 9 June 2004, he lodged his suit at the Baku Khatai district court,
arguing that the obligation to perform military service was in violation of article 76,
Part 2, of the Constitution, which provides that: "If the beliefs of citizens come into
conflict with service in the army then in some cases the law can permit alternative
service instead of regular army service."
Observations
19.
The Special Rapporteur is grateful to the Government of Azerbaijan for its
replies to the communications concerning the situation of the “Juma” mosque and is
waiting to receive information about her communication of 27 October 2004. The
Special Rapporteur still awaits a reply from the Government on her request to visit the
country.
Bangladesh
20.
On 12 March 2004, the Special Rapporteur sent a communication to the
Government of Bangladesh in relation to information received according to which, on
8 January 2004, the Ministry of the Interior declared in a press release that it had
decided to ban “the sale, publication, distribution and retention of all books and
booklets on Islam published by the Ahmadiyya Muslim Jamaat, Bangladesh, which
includes the Bengali or any other translation (with explanation) of the 'Quran Majid'”.
This decision was reportedly taken at a high-level meeting held on 7 January 2004 at