A/HRC/16/53/Add.1
violations of Nagorno-Karabakh”, “Administrative court”, “State Registration department”
were illegitimate and function illegally. The Government of Azerbaijan stated that it would
be suitable to have a note on this in the report of the Special Rapporteur.
21.
The Government of Azerbaijan indicated it was noteworthy to mention that the
religious community of “Jehovah’s Witness” was registered in the Republic of Azerbaijan
on 7 February 2002 and functions at present.
22.
The Government of Azerbaijan highly appreciated the information provided by the
Special Rapporteur and the Government of Azerbaijan would be grateful for further
information on human rights violations in these territories in the future.
(c)
Observations by the Special Rapporteur
23.
The Special Rapporteur is grateful that the Government of Azerbaijan replied to the
communication of 6 July 2010 and he took note of the comments. He would like to refer to
General Assembly resolution 62/243, in which the General Assembly “[r]ecognizes the
necessity of providing normal, secure and equal conditions of life for Armenian and
Azerbaijani communities in the Nagorno-Karabakh region of the Republic of Azerbaijan,
which will allow an effective democratic system of self-governance to be built up in this
region within the Republic of Azerbaijan”.
24.
The international community, Member States and all relevant de facto entities
exercising government like functions should direct all their efforts to ensure that there are
no human rights protection gaps and that all persons can effectively enjoy their fundamental
rights wherever they live. In this spirit, the Special Rapporteur wishes to take this
opportunity to refer to his framework for communications, more specifically to the
international human rights norms and to the mandate practice concerning freedom to
worship (see para. 1 above, category A. 3. (a)) and registration issues (category A. 3. (h)).
B.
Bahrain
Communication sent on 6 July 2010
(a)
Allegations transmitted to the Government
25.
The Special Rapporteur brought to the attention of the Government information
regarding Ms. Dekrayat Sanad, a Bahraini citizen aged 36 years. According to the
information received, after 11 years of marriage, Ms. Dekrayat Sanad on 18 December
2008, filed a divorce case at the religious court of the Kingdom of Bahrain. Her husband,
however, refused to divorce her and stated in the religious court that Ms. Dekrayat Sanad
was not a Shia Muslim but rather had the belief of “Safara”. Based on this allegation, the
judge from the religious court of the Kingdom of Bahrain on 25 May 2010 denied Ms.
Dekrayat Sanad the right to custody of her children, Mo’amal (aged 10 years) and Yaqeen
(aged 6 years). Reportedly, Shia religious leaders in the Kingdom of Bahrain have issued
fatwas in recent years to the effect that “Safara” believers were not Muslims as such they
should not be treated equally.
26.
The Special Rapporteur asked the Government whether a complaint against the
verdict of 25 May 2010, of the Shia religious court of the Kingdom of Bahrain concerning
the case of Ms. Dekrayat Sanad had been lodged and what the outcome of this complaint
was. The Special Rapporteur also requested the Government to clarify how the system of
religious courts adjudicating on issues of personal status matters, such as divorce and
custody issues, was compatible with international human rights standards regarding nondiscrimination and the right to freedom of religion or belief.
7