A/HRC/4/21/Add.2 page 13 E. Conscientious objection 62. Before and during her visit to Azerbaijan, the Special Rapporteur received a number of reports related to the difficulties faced by conscientious objectors. In most cases the alleged victims are members of the Jehovah’s Witness community who have refused to perform military service due to their religious convictions. 63. The Special Rapporteur is aware of the commitment made by Azerbaijan when it became a member of the Council of Europe and notes that there have been some proposals for the establishment of alternative service. Moreover, she notes that, according to article 76 of the Constitution, “if serving in the armed forces runs counter to a person’s convictions then active military service can be replaced by an alternative service in the cases specified by the law”. 64. However, currently in Azerbaijan, in particular with a view to the situation with Armenia, there does not seem to be the political will to accept the principle of an alternative service. This principle is vigorously opposed by official governmental bodies that organize military service. 65. The position of the judiciary, including the Supreme Court of Azerbaijan, is that since there is no law on alternative service there is no right to conscientious objection, a position that may be disputed in international law. 66. The Special Rapporteur had already addressed cases of conscientious objection in her previous communication report to the Commission on Human Rights (see E/CN.4/2006/5/Add.1, paragraphs 12 to 26). F. Places of worship and religious sites 67. The Special Rapporteur has received detailed information on the problems allegedly faced by members of the Juma Mosque Community in Baku and their imam Ilgar Ibrahimoglu.1 At the official level, she was regularly told that these problems were provoked by the political activities of Ilgar Ibrahimoglu and were not related to religion. 68. The congregation of the Juma Mosque refused to be registered with SCWRA on the ground that they previously registered in 1993. The authorities had the premises vacated in January 2004 and after protracted litigation the mosque was turned over to the Icheri Sheher Historical and Architectural National Reserve. It was then closed for renovation. 69. The imam of the Juma Mosque was replaced by CMB. Government sources admit that this was done because of the imam’s active support of the opposition parties. He was also convicted and sentenced to a five-year suspended sentence for facts related to his participation in post-election demonstration in October 2003, at a trial which independent observers confirm did not respect the principles of fair trial. Owing to this suspended sentence, Ilgar Ibrahimoglu has been prevented from travelling abroad on many occasions.

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