Arbitrary arrest and detention, home search, and fine imposed on Jehovah’s Witnesses for religious worship without official registration

Facts

The authors of the communication are Jehovah’s Witnesses. During a religious gathering at the home of author Huseynova, the police entered without permission, searched each person, and seized personal property including holy books. The religious group had applied for but had not received permission to. The authors were taken into custody and held for over seven hours. After a trial, they were convicted for having attended an unauthorized religious meeting and fined. Their appeals were dismissed. They claim that the State party violated their rights under articles 9 (1) (right to liberty/freedom from arbitrary arrest), 18 (1) and (3) (freedom of religion), 19 (2) and (3) (freedom of expression), 21 (right of peaceful assembly), 22 (1) and (2) (freedom of association), 26 (equal protection) and 27 (protection of minorities to practice their religion) and Ms. Huseynova’s rights under article 17 (1) (prohibition against interference with privacy, family, home or correspondence).

Admissibility

The Committee found that there were no further effective domestic remedies available. However, the Committee found that the authors had not raised claims under article 22 before domestic courts and found those claims inadmissible. Moreover, the authors failed to substantiate that they experienced differential treatment and their claims under articles 26 and 27 were inadmissible.

Merits

The freedom to manifest religion may be exercised either individually or in community with others and in public or private. Article 18 (3) allowing for limitations on the freedom must be interpreted strictly. Here, the State had not provided a sufficient basis for the limitations and had not shown that they were necessary, proportionate measures, violating article 18. The Committee found that the authors were deprived their liberty in violation of article when they were coerced to the station, and the detention was arbitrary because it was punishment for the legitimate exercise of their religious beliefs. The Committee did not deem it necessary to consider whether the facts constituted violations of articles 19, 21, and 17.

Recommendations

The State party should, inter alia, provide the authors with adequate compensation, including for any legal expenses incurred by them and for the incarceration of Ms. Huseynova and Mr. Bakirov, with restitution for the administrative fines paid.

Implementation

Deadline for implementation: 10 January 2024