A/HRC/4/21/Add.1
page 43
members of the Eden Community were released. Ms. Aminuddin is reportedly still detained at
Jakarta police station. The Eden community has been forced to stop its religious activities.
Observations
175. The Special Rapporteur is concerned that she has not received a reply from the
Government concerning the above mentioned allegation. She would like to refer to her
framework for communications, more specifically to the international human rights norms and to
the mandate practice concerning “Freedom to worship” (see above para. 1, category I. 3. a) and
“Places of worship” (category I. 3. b). As she noted in her 2005 report to the Commission on
Human Rights, “members of religious communities or communities of belief, whenever they find
themselves in places of worship, are in a situation of special vulnerability given the nature of
their activity. The Special Rapporteur is therefore of the opinion that States should pay increased
attention to attacks on places of worship and ensure that all perpetrators of such attacks are
properly prosecuted and tried.” (E/CN.4/2005/61, para. 49).
176. The Special Rapporteur would also like to take this opportunity to insist on receiving an
invitation from the Government to visit Indonesia to assess the situation of freedom of religion or
belief. As she underlined in her previous reports, the Government has been reminded of this
request for an invitation on many occasions since 1996.
Islamic Republic of Iran
Communication sent on 7 December 2005 jointly with the Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression
177. The Special Rapporteurs brought to the attention of the Government information they had
received concerning the statement made by Ayatollah Ahmad Jannati about non-Muslims and
Kurosh Niknam, a parliamentarian and member of the Zoroastrian religious minority. According
to the allegations, on 20 November 2005, Ayatollah Ahmad Jannati was reported as describing
non-Muslims as sinful animals at a ceremony in north-eastern Iran. In response to the comments,
Kurosh Niknam described the remarks as “an unprecedented slur against religious minorities.”
As a result, he has been charged with slander and summoned to appear before the Revolutionary
Tribunal.
Response from the Government dated 4 January 2006
178. The Government informed that article 4 of the Law on Establishment of Public and
Revolutionary Courts stipulates that Revolutionary Courts have no jurisdiction in legal cases
involving members of the Parliament. These cases fall exclusively within the jurisdiction of the
Criminal Courts. The allegation on summoning Mr. Nikman has been put forward to the Office
of Public Prosecutor of Government employees and they have found no legal record of the
alleged case.
Observations
179. The Special Rapporteur is grateful for the Government’s response. She would like to
make reference to her predecessor’s report on his visit to the Islamic Republic of Iran in
December 1995 (E/CN.4/1996/95/Add.2, para. 96): “Concerning religious publications and, in