Jehovah’s Witnesses administrative conviction of unlawful religious activity, arbitrary arrest and illegal detention

Facts

The authors of both the communication are Jehovah’s Witnesses and nationals of Uzbekistan. As per the facts in the communication no. 3025/2017, the authorities entered the author’s house on the pretext of “passport checking” and proceeded to search the home unlawfully and to seize religious publications published by Jehovah’s Witnesses. Similarly in communication no. 3037/2017, the police entered the author’s home without permission where a small group had gathered to read and study the Bible and enjoy a social visit and searched each person and confiscated personal property. The police then transported the authors to the police station, where they were detained for about two hours.

In both cases, the authors were tried and convicted for the violation of the Code of Administrative Responsibility for illegal storage of religious literature and for conducting unlawful religious activities in their homes. As a result, they were sentenced to pay heavy fines and all the confiscated material was destroyed. Their appeals were summarily rejected by the Courts and their motion filed with the Prosecutor General of Uzbekistan has been pending for more than a year.

Having exhausted all the domestic remedies, the authors filed the present communications claiming a violation of their rights under 9 (1) (only for communication no. 3037/2017), 17 (1), 18 (1) and (3), 19 (2) and (3), 21 (1) and (2) and 22 (1) and (2) of the Covenant on the grounds that their privacy was breached during a home search for religious literature, and their convictions were based on Jehovah’s Witnesses’ lack of registration, infringing on their freedom of belief and expression. They assert that freedom of religion should not depend on registration, and their activities were unjustly deemed illegal.

Admissibility

The Committee noted that the authors have exhausted their domestic remedies and they have sufficiently substantiated their claims under articles 9, 17, 18, 19, 21 and 22 of the Covenant, for the purposes of admissibility.

Merits

The Committee scrutinized communications and noted the authors’ contentions that the authorities intruded into a residence without consent, conducted unwarranted searches and detained them without clarification, it found that the State party failed to substantiate these actions. Consequently, the Committee determined that these actions contravened the authors’ rights under article 9 of the Covenant concerning liberty and security of person. Moreover, the authors asserted breaches of their rights under article 17 and article 18 due to unauthorized entry into their homes by the police and confiscation of religious materials. The State party’s failure to justify these incursions led the Committee to conclude that they violated the authors’ rights. Furthermore, the Committee addressed constraints on the authors’ freedom of religion under article 18 owing to their convictions and fines for religious activities. The State party failed to establish the necessity and proportionality of these limitations, thereby violating the authors’ rights. Additionally, the authors alleged violations of their freedom of expression and association under articles 19 and 22 due to police raids and seizures. The Committee deemed these actions disproportionate and unjustified by the State party, constituting further violations. In conclusion, the Committee was of the view that the State party failed to justify its actions and violated the rights of the authors under the Covenant.

Recommendations

The State party is obligated to:

a) Provide the authors with adequate compensation, including reimbursement of any legal costs they have incurred;

b) Take all steps necessary to prevent similar violations from occurring in the future.

Implementation

Deadline for implementation: 19 January 2024