A/HRC/10/8/Add.1
page 31
contempt of court. On the way to Jweideh Prison in Amman, he collapsed due to his injuries
following the assault. He was hospitalized and released on bail the following day. At his court
hearing on 27 March 2008, Mr. Abbad refused to deny his faith and return to Islam. Lawyers
advised him that he would lose the court case, and therefore custody of his children, if he did not
deny his conversion. Mr. Abbad and his family fled from Jordan on 28 March 2008. His father
subsequently initiated the procedure to have Mr. Abbad’s marriage dissolved.
114. Reportedly, in a previous case dated 16 September 2004, also involving a conversion to
Christianity, the West Amman Islamic Court found a man guilty of apostasy and subsequently
his marriage was annulled, he was stripped of his rights as a husband and father, and all
documents he had ever signed were annulled.
Observations
115. The Special Rapporteur regrets that she has not received a reply from the Government of
Jordan concerning the above mentioned allegations. She would like to recall that article 18 of the
Universal Declaration of Human Rights provides that the right to freedom of thought, conscience
and religion “includes freedom to change his religion or belief” and article 18 of the International
Covenant on Civil and Political Rights recognizes the right “to have or to adopt a religion or
belief of his choice”. Furthermore, in its general comment No. 22 (1993), the Human Rights
Committee explains in more detail “that the freedom to ‘have or to adopt’ a religion or belief
necessarily entails the freedom to choose a religion or belief, including the right to replace one’s
current religion or belief with another or to adopt atheistic views, as well as the right to retain
one’s religion or belief. Article 18.2 [of the International Covenant on Civil and Political Rights]
bars coercion that would impair the right to have or adopt a religion or belief, including the use
of threat of physical force or penal sanctions to compel believers or non-believers to adhere to
their religious beliefs and congregations, to recant their religion or belief or to convert. Policies
or practices having the same intention or effect, such as, for example, those restricting access to
education, medical care, employment or the rights guaranteed by article 25 and other provisions
of the Covenant, are similarly inconsistent with article 18.2. The same protection is enjoyed by
holders of all beliefs of a non-religious nature.”
116. The Special Rapporteur also would like to refer to paragraph 9 (a) of Human Rights
Council resolution 6/37, which urges States to “ensure that their constitutional and legislative
systems provide adequate and effective guarantees of freedom of thought, conscience, religion
and belief to all without distinction, inter alia, by the provision of effective remedies in cases
where the right to freedom of thought, conscience, religion or belief, or the right to practice
freely one’s religion, including the right to change one’s religion or belief, is violated.”
Kazakhstan
Communication sent on 21 November 2008
117. The Special Rapporteur brought to the attention of the Government information she had
received that the Upper Chamber of Parliament (Senate) had approved on 7 November 2008
amendments to the draft law on “Amendments and Additions to some Legislative Acts of the
Republic of Kazakhstan on Issues of Religious Freedom and Religious Organizations”. The
revised draft was sent back to the Lower Chamber of Parliament for its approval. Reportedly,