A/HRC/55/47/Add.1
met the requirements of article 18 (3) of the International Covenant on Civil and Political
Rights. The Committee also found that, by refusing to reregister the Association, the State
had violated the human rights of the particular Jehovah’s Witnesses under article 22 of the
International Covenant on Civil and Political Rights. It concluded that Tajikistan was
obligated to take appropriate steps to review the conditions for the consideration of the
Association’s application for reregistration and to take all steps necessary to prevent similar
violations from occurring in the future.30
81.
In the light of those Views, Jehovah’s Witnesses asked for a review of the decision to
ban their Association. The matter was before Dushanbe Military Court at the time of the
Special Rapporteur’s visit. Unfortunately, observers were not allowed into the court room.
The subsequent ruling of the Military Court rejected the Views of the Human Rights
Committee as a basis for reconsidering the ban. This ruling was upheld by the Military
Division of the Supreme Court on 31 August 2023, which concluded that Tajikistan has no
obligation to implement the Views of the Human Rights Committee.
82.
The delegation also closely followed the case of Shamil Khakimov, a Jehovah’s
Witness born in 1951. He was arrested by the Tajik authorities in February 2019 following
widespread raids on the homes of Jehovah’s Witnesses who were meeting for worship. On
10 September 2019, he was jailed for seven years and six months for allegedly inciting
religious hatred. He was prosecuted for possessing books, other literature, photos, videos,
audio and computer files, and mobile phone data that were seized from him and other
community members, which the Prosecutor’s Office claimed contain “features of extremist
activity”. No evidence was reportedly produced that Mr. Khakimov or his community had
harmed anyone. Mr. Khakimov’s incarceration was characterized by systematic medical
neglect by the Tajik authorities, despite multiple reminders from the Human Rights
Committee of the State’s obligation under international law to provide him with adequate
medical care. His sentence was later reduced twice, but the prison administration refused to
grant him early release, telling him that this was because he is a Jehovah’s Witness. While
the Special Rapporteur notes that he was released on 16 May 2023,31 his sentence bans him
from exercising his freedom of religion and belief until May 2026.
VIII. Moving from religious toleration to freedom of religion or
belief
83.
Although the Constitution of Tajikistan guarantees freedom of religion or belief, as
discussed, the exercise of that right is subject to excessive regulations that pit security against
freedom.
84.
Given the importance of knowledge and understanding of religious and belief
diversity for overcoming negative stereotypes and for living together peacefully and with
equality in a religiously pluralistic society, the Special Rapporteur notes an urgent need for
regular and comprehensive programmes. They should go beyond schools and extend to the
general population. Knowledge and deeper understanding of religions could help people to
build resilience against claims of simplistic truth and radical slogans.
85.
The Government claims that it promotes “toleration” in order to maintain
interreligious harmony. A transition from the “toleration” model to the human rights model
cannot be achieved without a positive recognition and appreciation of other rights that are
closely linked to religion or belief, such as freedom of expression, freedom of peaceful
assembly and association and the right to privacy. This shift will require a holistic approach
to human rights in legislation and policy.
30
31
16
Adyrkhayev et al. v. Tajikistan (CCPR/C/135/D/2483/2014).
See https://twitter.com/NazilaGhanea/status/1658534323044114437.
GE.24-00093