A/HRC/55/47/Add.1 meetings with the Special Rapporteur, and questions regarding the former were often responded to with reference to the latter. 43. Campaigns against extremism and terrorism have led to the closure of mosques and the arrest of Muslims not associated with terrorist or extremist groups, but who simply sought to practise their religion in ways other than those sanctioned by the Government. The expression of deep religious conviction has also been restricted. The overly vague interpretation of extremism allows its arbitrary application and facilitates strict State control of religions and the regulation of religious activities. 44. The Act on Countering Extremism (2020) delineates the organizational and legal bases for countering extremism to protect the rights and freedoms of the person and of the citizen, the foundations of the constitutional order and the sovereignty, integrity and safety of Tajikistan. The law defines extremism as the activities of individuals and organizations aimed at destabilizing or subverting the constitutional order or seizing power. This definition includes inciting religious hatred. In the case of non-criminal incitement to social, racial, national, regional or religious hatred, the Code of Administrative Offences provides for 5 to 10 days’ administrative detention or a fine of 50 to 100 “fee units” (the value of which the Government sets each year), equal to 3,000 to 6,000 somoni ($270 to $530). The Criminal Code stipulates 2 to 12 years’ imprisonment for a crime committed on the same basis, depending on the details of the case. The extremism law specifically mandates increased surveillance and control over religious activities, especially when undertaken by unregistered groups (art. 11 (8)). 45. In December 2021, Tajikistan adopted the Act on Combating Terrorism, which superseded the 1999 counter-terrorism law. It defines basic counter-terrorism principles and establishes the legal and organizational framework of Tajikistan for counter-terrorism efforts. Both this law and the Criminal Code offer overbroad and ambiguous definitions of “terrorist actions”, “terrorist crimes” and “terrorist organizations”. 12 They include imprecise terms such as “the creation of a danger of harm to life, health or property”, “dissemination of a threat in any form and by any means”, “significant damage to property” and “socially dangerous consequences” and the “destruction (damaging) of or threat to destroy (damage) property and other material objects of individuals and legal entities”. The definitions do not meet the threshold of seriousness required for such acts, notably that the intent is to cause death or serious bodily injury. The counter-terrorism law defines a “terrorist organization” as an organization established for the purpose of carrying out a terrorist activity or which considers the possible use of terrorism in its activity (art. 4). This provision criminalizes activities that have not yet been committed, in contravention of article 15 of the International Covenant on Civil and Political Rights. The overly broad definition of terrorist organizations has had practical implications, including in relation to the ever-growing list of banned groups.13 46. The Special Rapporteur does not deny that violent extremism and terrorism can lead to human rights violations, including those committed in the name of religion or belief. Countering violent extremism and terrorism can constitute legitimate grounds for limitations to the manifestation of freedom of religion or belief. Nevertheless, such limitations need to be implemented in a manner that does not risk extinguishing the right to religion or belief itself. In Tajikistan, this balance has not been struck. 47. The objective of fostering respect for and tolerance of all religions and beliefs is a worthy one (Freedom of Conscience and Religious Associations Act). However, the Special Rapporteur wishes to underline that legal provisions addressing incitement must be in line with articles 19 and 20 of the International Covenant on Civil and Political Rights and take into consideration the guidance set out in the Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, adopted in 2012. The evidentiary requirements and threshold for incitement need to be clear in the law and strictly applied in conformity with human rights 12 13 GE.24-00093 See communication TJK 5/2022, available at https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=27787. See https://nbt.tj/upload/iblock/32d/shahsoni_huquqi.pdf (in Tajik). 9