E/CN.4/1992/52
page 74
association known as 'Justice and Charity1 and was condemned by the Court of
First Instance at Salé to two years' imprisonment and a fine
of 10,000 dirhams. This sentence was confirmed on appeal in 1990.
Mr. Suleimani is said to be held at Salé prison."
59. On 16 July 1991, the Government of Morocco sent the following reply to
the Special Rapporteur's communication:
"In Morocco, freedom of thought, conscience and religion is guaranteed by
the Moroccan Constitution of 1972, which clearly states in article 6 that
'Islam is the religion of the State which shall guarantee the free exercise of
religion to all 1 . Paragraph 3 of the same article indicates how it is to be
understood so as to guard against any misinterpretation, stating that the
freedom to profess one's religion or beliefs must not be incompatible with the
need for protection, security, order and public health, morality or the
fundamental freedoms and rights of others.
It thus follows that by virtue of its Constitution, which is its supreme
text, Morocco is an Islamic State, and consequently that it is impossible that
Mr. Suleimani should have been arrested for his religious opinions, given that
he too is a Muslim.
On the other hand, in Morocco, as in all other countries, the
establishment of associations and their activities are governed by law (dahir
of 15 November 1958 regulating the right of association). The association
mentioned by Mr. Suleimani has not been recognized, and hence, its existence
not having been authorized, any activity undertaken under its auspices is
liable to give rise to legal proceedings, particularly when such activities
affect security, law and order, or the fundamental freedoms and rights of
others.
The international texts on human rights, and in particular the
International Covenant on Civil and Political Rights, contain quite specific
provisions on this point. We may cite paragraph 3 of article 18 of the
Covenant."
Pakistan
60. In a communication of 15 June 1990 addressed to the Government of
Pakistan (E/CN.4/1991/56, para. 8 0 ) , the following information was transmitted
by the Special Rapporteur:
"Further information has been received alleging acts of persecution
against Ahmadis. It has again been asserted that Ordinance XX of 1984
prohibits Ahmadis from freely practising their faith, that they are not
allowed to meet freely and for the past six years have not been authorized to
hold their annual convention. It has also been reported that attacks against
the Ahmadi community, including killings and destruction of villages, go
unpunished. The Ahmadi daily newspaper has reportedly been banned during the
past four years and its editor, publisher and printer have been indicted.
According to the allegations received, Ahmadi books and publications have also
been banned and confiscated.