E/CN.4/2001/0063
page 16
44.
According to a second communication concerning the preceding allegations,
on 9 June 2000 the Investigation Department of the Ministry of the Interior municipal service
charged Mr. Mirian Arabidze, a Jehovah’s Witness, with assault during the attacks that took
place in October 1999, even though he had in fact been a victim. The local Jehovah’s Witnesses
representative allegedly claimed that the failure of the prosecutor’s offices in Gldani and Tbilisi
to take action against the perpetrators of the attacks sent a clear message that violence was
acceptable.
45.
Georgia replied:
“Recently, Gldani District Court of Tbilisi considered the criminal case and
sentenced to conditional punishment two persons - Jehovah’s Witnesses. As for the
accused of the opposite party, the court considered the preliminary investigation to be
insufficient. The criminal case regarding the accused persons has been returned to the
relevant investigative bodies for additional investigation. This court decision was
appealed by both the Jehovah’s Witnesses and the prosecutor’s office in Tbilisi. We had
conversations with the Prosecutor of Tbilisi and he informed us that they were going to
prepare special conclusions in this regard and to make the relevant submissions to the
higher court. The case is to be considered by Tbilisi Circuit Court, as provided for by the
Code of Criminal Procedure of Georgia. It is our hope that the following consideration
of the case will be fair and impartial.
In this context, it should be mentioned that there is a biased attitude towards the
Jehovah’s Witnesses in Georgian society. Recently, there were some facts which aroused
public anxiety. The question is that Jehovah’s Witnesses refused to allow appropriate
medical treatment (blood transfusion) owing to their beliefs. As a result, a young woman
patient - a Jehovah’s Witness - died. It is also worth mentioning that there have been a
number of citizens’ complaints concerning the activity of Jehovah’s Witnesses aimed at
attracting new members by using bribes (money, food, etc.). In this connection, we are
going to make amendments to the Criminal Code of Georgia in order to forbid unlawful
proselytism, as has been done in some European countries. The elaboration of these
amendments is under way.”
46.
The Special Rapporteur thanks Georgia for its reply, which has the merit of highlighting
the problem of society’s attitude to a particular group in the area of religion and belief. With
regard to proselytism, the Special Rapporteur wishes to recall that the Human Rights Committee,
in its General Comment No. 22 of 20 July 1993, on article 18 of the International Covenant on
Civil and Political Rights, held that restrictions on the freedom to manifest religion or belief are
permissible only if they are prescribed by law and are necessary to protect public safety, order,
health or morals, or the fundamental rights and freedoms of others; and must not be applied in a
manner that would vitiate the right to freedom of thought, conscience or religion. The
Committee also maintained that “limitations may be applied only for those purposes for which
they were prescribed and must be directly related and proportionate to the specific need on which
they are predicated. Restrictions may not be imposed for discriminatory purposes or applied in a
discriminatory manner.”