A/HRC/13/40/Add.1
Special Rapporteur asked the Government to explain how the principle of precaution was
respected in the case of the targeting of the Ibrahim al-Maqadna mosque, on 3 January
2009, in particular the launching of the attack during evening prayers and the assessment of
conformity of the attack with the principles of distinction and proportionality.
(b)
No response received from the Government
(c)
Observations by the Special Rapporteur
165. The Special Rapporteur regrets that she has so far not received a reply from the
Government of Israel concerning the above mentioned allegations. She would like to recall
that the General Assembly, in its resolution 63/181, urges States “to step up their efforts to
protect and promote freedom of thought, conscience, religion or belief, and to this end, […]
to exert the utmost efforts, in accordance with their national legislation and in conformity
with international human rights law, to ensure that religious places, sites, shrines and
symbols are fully respected and protected.”
166. Furthermore, the Special Rapporteur would like to refer to her report submitted to
the 61st session of the Commission on Human Rights (see E.CN.4/2005/61, paras. 49-50),
in which it was pointed out that members of religious or belief communities, whenever they
find themselves in places of worship, are in a situation of special vulnerability given the
nature of their activity. More generally, as mentioned, inter alia, in paragraph 4 of the
Human Rights Committee’s general comment no. 22, places of worship are an essential
element of the manifestation of the right to freedom of religion or belief to the extent that
the great majority of religious or belief communities need the existence of a place of
worship where their members can manifest their faith. Moreover, attacks or other forms of
restriction on places of worship or other religious sites and shrines in many cases violate the
right not only of a single individual, but the rights of a group of individuals forming the
community that is attached to the place in question.
N.
1.
(a)
Kyrgyzstan
Communication sent on 29 July 2008
Allegations transmitted to the Government
167. The Special Rapporteur raised concern on information she had received concerning
the Christian-Baptist family Isakov in the village of Kulanak, in the Naryn region.
Summaries of this communication as well as observations of the Special Rapporteur are
already reproduced in A/HRC/10/8/Add.1, paras. 122-125.
(b)
Response from the Government dated 10 November 2008
168. On 10 November 2008, the Government of Kyrgyzstan replied to the
communication of 29 July 2008. The Government informed the Special Rapporteur that the
Procurator’s Office of Naryn district had established the death on 18 May 2008 of Amanbek
uulu Alymbek, born in 1994, a resident of Kulanak village, Naryn district, Naryn oblast.
The father of the deceased, Alymbek Isakov, is a member of the Evangelical Christian
Baptist Church in Kulanek.
169. On 19 May 2008, the Procurator’s Office of Naryn district received a report that the
residents of Kulanak intended to hold a meeting to protest against the burial by members of
the Evangelical Christian Baptist Church of the deceased Amanbek uulu Alymbek near to
the Muslim cemetery in Kulanak. In order to examine this situation, the Procurator of Naryn
region, the Head of the Naryn District Department of Internal Affairs and the First Deputy
Akim of Naryn district made an on-the-spot visit, which was followed by that of the Head
42