A/HRC/7/10/Add.2 page 15 46. Furthermore, in a recent case, the Human Rights Committee observed that, while the right to manifest one’s religion or belief did not as such imply the right to refuse all obligations imposed by law, it provided certain protection, consistent with article 18, paragraph 3, of the International Covenant on Civil and Political Rights, against being forced to act against a genuinely held religious belief. The Committee also recalled its general view, expressed in general comment No. 22, that to compel a person to use lethal force, although such use would seriously conflict with the requirements of his conscience or religious belief, fell within the ambit of article 18.4 I. Counter-terrorism measures 47. Tajikistan has banned as terrorist groups, inter alia, Hizb-ut Tahrir, Bay-at and the Islamic Movement of Uzbekistan. In 2006, the Tajik Supreme Court added 10 organizations and political groups to the country’s official terrorist list, including al-Qaida, Harakati Tablighot, Jamiyati Tablighot, the Islamic Party of Turkestan, Sozmoni Tabligh and Tojikistoni Ozod. 48. The Office of the Prosecutor General informed the Special Rapporteur that, between 2004 and 2006, the preliminary investigative bodies of Tajikistan opened 193 criminal cases relating to 293 individuals on the basis of allegations of inciting ethnic, racial, regional or religious enmity (article 189 of the Criminal Code) and public calls for a violent change to the constitutional order or the organization of activities for “extremist organizations” (art. 307). Of these, following completion of the preliminary investigation, 119 criminal cases relating to 209 individuals were sent for trial. 49. Many of the suspects received lengthy prison sentences, such as a member of the Islamic Renaissance Party of Tajikistan who was sentenced on 22 December 2006 by the Khujand city court to nine years’ imprisonment for inciting religious hatred, whereas his party-fellows claim that he was convicted for praying for all Muslims, including Muslims of Afghanistan and Palestine. In 2006, the regional court in Sughd sentenced six members of the Islamic Movement of Uzbekistan to prison terms ranging from 9 to 19 years on charges of organizing a criminal group, terrorism, hostage-taking, illegal carrying, possession and acquisition of weapons. Some appellate courts have re-sentenced Hizb-ut Tahrir members to significantly longer prison terms in comparison to the sentence at first instance. Furthermore, the overall acquittal rate in criminal cases in Tajikistan is very low; only 72 of 4,209 people were acquitted in the first half of 2005 (E/CN.4/2006/52/Add.4, para. 42). 50. A number of the Special Rapporteur’s interlocutors stressed that certain religious groups and leaders used religion as an instrument of fear. Their veiled or open threats prevented people from speaking out openly. People chose to remain silent in the face of peer pressure and the 4 Views of the Human Rights Committee under art. 5, para. 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, communications Nos. 1321/2004 and 1322/2004, Mr. Yeo-Bum Yoon and Mr. Myung-Jin Choi v. Republic of Korea (CCPR/C/88/D/1321-1322/2004), para. 8.3.

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