Unlawful registration-based restrictions in Uzbekistan for Jehovah’s Witnesses (2)

Facts

All the authors in these four communications are Uzbek Jehovah’s Witnesses sanctioned for possessing, distributing, or discussing religious publications in locations where their faith was not registered. In each instance, law enforcement conducted searches—often without valid warrants—and seized religious materials or electronic devices. The authors then faced either administrative penalties (fines and, in some cases, short-term detention) or, in one case, a criminal sentence because of an earlier administrative violation. They all pursued cassation appeals and supervisory reviews, which were either dismissed or never answered.

The authors claim violations of article 9 (liberty and security of person), article 17 (protection against arbitrary interference with privacy and home), article 18 (1) and (3) (freedom of thought, conscience, and religion), article 19 (2) and (3) (freedom of expression), article 21 (right to peaceful assembly), and article 22 (1) and (2) (freedom of association). They argue that the State’s actions unlawfully restricted their religious practice, suppressed their ability to share beliefs, and penalized peaceful gatherings solely because their faith group lacked official registration.

Admissibility

The Committee found that it is not precluded from examining these communications under the Optional Protocol, as the same matters have not been subject to another international body, and the supervisory appeal to the Supreme Court was not demonstrably available to the authors when they submitted their complaints. Concluding that the authors have sufficiently substantiated claims under articles 9, 17, 18, 19, 21, and 22 of the Covenant for all cases involved, the Committee holds the communications admissible and proceeds to consider their merits.

Merits

The Committee concludes that police searches of the authors’ homes (except in communication No. 3157/2018) were unlawful and disproportionate, violating article 17 of the Covenant. The State party offered no urgent or reasonable justification, rendering these warrantless entries arbitrary despite their purported basis in domestic law. The Committee further determines that requiring Jehovah’s Witnesses to register locally before possessing or discussing their religious materials, without showing how such rules serve a legitimate, proportionate purpose, violates article 18 (1). In communications Nos. 3166/2018 and 3185/2018, the authors’ 10-day administrative detentions for exercising their faith constitute arbitrary punishment under article 9 (1). Lastly, having found article 18 violated, the Committee refrains from assessing potential breaches of articles 19, 21, and 22.

Recommendations

The State party should:

• (a) make full reparation to individuals whose Covenant rights have been violated, by providing adequate compensation including the reimbursement of any legal costs and fines paid; as well as
• (b) take all steps necessary to prevent similar violations from occurring in the future.

Implementation

Deadline for implementation: 29 May 2025