A/59/366
the United States that would restrict the right of free speech and association
protected by the Constitution and laws of the United States”.
82. The statements referred to by the Special Rapporteur are not illegal under
United States law. Although the United States Government finds them to be
misguided and repugnant, the Government neither prohibits nor regulates speech
merely as a result of disapproval of the ideas expressed. The United States criminal
justice system rather penalizes specific unlawful actions as opposed to punishing
speech itself. The Government’s preferred approach to addressing hate speech is to
confront it openly, to denounce it, and to promote tolerance, equality and similar
ideals through competing speech. In this respect, it referred to a number of examples
that illustrate the Government’s commitment to free speech and religious tolerance.
Uzbekistan
83. On 15 March 2004, the Special Rapporteur sent to the Government of
Uzbekistan the following allegations:
(a) Clergy were allegedly denied access to death row prisoners, in violation
of the Uzbek Criminal Code, which specifically allows those sentenced to death to
meet a member of the clergy. Two death row prisoners, Mr. Yevgeni Gugnin and
Mr. Vazgen Arutyunyants, have reportedly appealed to have priests sent to them; but
have had no replies. In addition, authorities have also allegedly prevented death row
prisoners from having copies of religious literature of their choice;
(b) On 18 September 2003, a Jehovah’s Witness meeting in the town of
Chirchik was allegedly raided by secret police on the grounds that the house was not
registered as a church building;
(c) On 20 December 2003, two Jehovah’s Witnesses, Mrs. Gulya Boikova
and Mrs. Parakhat Narmanova, were arrested, insulted and threatened with rape by
police in the town of Karsh;
(d) An official in the town administration of Muinak in the autonomous
Karakalpakstan Republic allegedly helped to have a Protestant sports teacher sacked
from a local school on 22 July 2003 after he refused to renounce his faith;
(e) An unregistered Protestant church in the village of Ahmad Yassavy has
allegedly been closed down on the orders of the deputy head of the Upper Chirchik
district administration. Police officers and local officials allegedly burst into the
Sunday service of the Friendship Church on 7 September 2003, took down the
names of all those present, sealed the church and told the congregation that they
would be prosecuted;
(f) The Peace Protestant Church of Nukus was raided by police during
worship on 24 August 2003, for the fourth time since it had its registration revoked
in August 2000. Allegedly, two of its leaders, Mr. Khym-Mun Kim and Mr.
Konstantin Kmit, were subsequently fined five times the minimum monthly wage.
The Church leaders have reportedly tried to have their church reinstated but to no
avail;
(g) Local authorities are reportedly preventing members of a local Baptist
church from meeting for worship in the village of Khalkabad in the Pap district of
Namangan region.
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