To the Commission on Security and Cooperation in Europe (CSCE)

Dear ,

It is with great concern that I am writing to you this letter, which attempts to describe yet another worrying trend in the treatment of the tiny Christian minority in Uzbekistan.

Cases of persecution of members of the Christian community in Uzbekistan are mounting daily. However, it does not seem that the mainstream, and indeed non-mainstream, media are keen to pay worthy attention to the alarming events taking place in this country.

The real problem underlying the vast majority of these events is linked to the Uzbek Government’s efforts to construct court cases against the members of the Christian minority in a way, which looks legitimate and lawful. The police and criminal justice system of the country are being used to bring innocent Christians before its courts, which are well-known for their bias and implicit dependence on the government.

(See Attachment A)

As a general overview, religious freedom of Christians in Uzbekistan is one of the most difficult issues in the country’s predominantly Muslim environment, where only two mainstream religions – Orthodox Christianity and Judaism – are recognized and seemingly tolerated by the country’s traditional society. Despite the fact that the Constitution of the Republic of Uzbekistan asserts that “democracy in the Republic of Uzbekistan shall be based upon common human principles, according to which the highest value shall be the human being, his life, freedom, honor, dignity and other inalienable rights”, the Uzbek government made every effort to restrict not only religious freedoms, but also freedom of speech and press, the right to assembly.

The situation for the Uzbek Christians is not safe. Authorities have started to tighten their grip on all churches. Societal hostility and resentment against them is growing, fanned by negative TV reports and publications. For these reasons, teaching their believers is an increased challenge for local pastors. The situation gradually spirals out of control.

Could you please take notice of this letter and help me in my troublesome efforts to alleviate lives of many Christians in Uzbekistan. 

Some examples of the persecution. 

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Great concern about pastor Djabbarbergenov case

Prosecutor General of Kazakhstan

Kazakhstan State Office of Public Prosecutor

8 Orynbor Street

(House of the ministries, entrance №2)

Astana

010000

Dear Mr Daulbayev

It is with great concern that we are writing to you this letter asking you to support us urgently in the following matter.

We understand that the law enforcement authorities of Kazakhstan have arrested and are detaining Mr Makset Djabbarbergenov who is a Christian wanted in Uzbekistan for spurious charges of “illegal” religious teaching and literature distribution.

We were informed that on 29 February 2012 the authorities of Uzbekistan put Mr Djabbarbergenov on a wanted list of the Commonwealth of Independent States for allegedly breaching Article 229-2 of the Uzbek Criminal Code, which punishes “violation of the procedure for teaching religion” and carries a maximum term of three years’ imprisonment.

Mr Djabbarbergenov, who has four children and whose wife is currently pregnant, is now awaiting the decision of the Extradition Division of the International Co-operation Department at the General Prosecutor’s Office of Kazakhstan regarding his extradition to Uzbekistan. 

We are fully aware of the Christian faith and actions of Mr Djabbarbergenov. However, it is apparent that the alleged “crime” he is accused of is, in fact, a completely legitimate activity under all international human rights conventions and under relevant laws of Kazakhstan.

Therefore, we are appealing to your sound judgment and kind consideration of this case, and asking you to prevent the extradition of Mr Makset Djabbarbergenov to Uzbekistan as there are sufficient grounds for keeping him in your country.

We are also in urgent contact with a number of US Congressmen, including Frank R. Wolf and Gus Bilirakis.

In writing this letter, we are hopeful that you will kindly consider our request taking into consideration that on 15 January 1999 the state of Kazakhstan signed The 1951 Convention relating to the Status of Refugees and the 1967 Protocol, which requires in their Article 33 that

“No Contracting State shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.”

The above Article 33 is consistent with Article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which the state of Kazakhstan also signed on 21 February 2008.

Please take into account the apparent fact that Mr Djabbarbergenov and his Christian beliefs are in no way a danger to the security of the country. To the contrary, the Christian teaching he is advocating is supported by the vast majority of Christians in the world because it is entirely peaceable and does not direct its followers to commit breaches of law and peace. Mr Djabbarbergenov supports the Christian position, which specifically requires believers to submit to the authority of the state. This position is also completely compatible with all the laws on human rights.

In addition, we are delighted to know that in your recent meeting with Mrs Navenethem Pillay, the UN High Commissioner for Human Rights, in July 2012 you expressed your active support in the field of strengthening human rights protection, implementing of the UN recommendations on human rights, and emphasized that the accession of Kazakhstan to major international treaties on human rights has caused this issue to become the subject of special attention for prosecutors.

For these reasons we are optimistic that you will kindly assist in this important matter and allow Mr Djabbarbergenov to stay safely in your country.

We look forward to hearing from you as soon as possible.

Thank you.

Yours Sincerely,

Russian Ministries (USA)

The problems of the Greater Grace Protestant Church

Mr Elshad Huseyn Isgandarov

The State Committee for Work with Religious Organisations

12 Ahmad Javad Street

Gate III

1000 Baku

Azerbaijan

Dear Mr Isgandarov

You may be aware of the growing international criticism of the actions of the Government of Azerbaijan through its State Committee for Work with Religious Organisations towards the Greater Grace Protestant Church based in Baku.

In particular, uncompromising pressure has been used by the Government to cause problems and eliminate the Church from the public life of the nation. Whilst the Church has not committed any act against the law of the land, the Government used the so-called system of re-registration in order to achieve its aims in disrupting peaceful activities of the Church.

Serious concerns in this regard have been expressed by a number of Members of the US Congress. On 12 June 2012, Congressmen Frank R. Wolf (R-Va.) and Gus Bilirakis (R-Fl.) submitted an official letter to Hon. Suzan Johnson Cook, Ambassador-at-Large for the Office of International Religious Freedom which is part of the U.S. Department of State bringing to her attention the issue of religious freedom in Azerbaijan and asking her to take action. The problems of the Greater Grace Protestant Church are now being considered by the State Department.

It is now well known that the system of re-registration of church licences has been used by the authorities in Azerbaijan to suppress Protestant churches on a number of occasions. The method of re-registration has also been used to deal with “unwanted” groups by the Government of Azerbaijan on many occasions. As you know, delays in registration of non-governmental organizations (NGOs) have given rise to several applications against the Government. Thus, in Ramazanov and Others v Azerbaijan  (No. 44363/02) 1/2/07, Ismayilov v Azerbaijan (No. 4439/04) 17/1/08 and  Nasibova v Azerbaijan (No. 4307/04) 18/10/07 the significant delays in the registration of NGOs were found to violate the European Convention on Human Rights.

The last UN Human Rights Committee report on Azerbaijan (CCPR/C/AZE/CO/3) expressed serious concern that “religious communities [in Azerbaijan] are requested to register and obtain legal personality in order to be able to function freely, as the lack of legal personality may prevent such communities from the enjoyment of a large number of rights”.

Also, Thomas Hammarberg, Commissioner for Human Rights of the Council of Europe reported (CommDH(2010)21) following his visit to Azerbaijan from 1 to 5 March 2010 that “difficulties have reportedly been faced by some religious communities in obtaining re-registration”. The report continues saying that the Commissioner “expressed concerns about recent legislative changes which could limit the freedom of association in Azerbaijan”. The report gives a clear picture of various state-constructed legal obstacles being used by the Government of Azerbaijan to limit religious freedom of minorities. Specifically, the legal requirement of re-registration as currently used by the authorities to suppress Protestant Churches and eliminate them from the public life of the nation.

Although we welcome the aim of the Government of Azerbaijan to strengthen democracy and the rule of law, we would expect the guarantees of freedom of religion and equality for all its citizens regardless of their religious affiliation. You are fully aware of the following facts:

On 13 August 1992, Azerbaijan ratified the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights containing binding commitments to safeguard religious rights “without distinction of any kind”;

On 12 November 1995, Azerbaijan adopted its Constitution (amended on 24 August 2002), which, according to its Article 147, carries the highest legal force in the country. Articles 18, 25, 47, 48 and 71(IV) of the Constitution safeguard rights of peaceful religious minorities, including Protestant Christians;

On 25 January 2001, Azerbaijan signed the European Convention for the Protection of Human Rights and Fundamental Freedoms which includes Articles 9 and 14 safeguarding the rights to freedom of conscience and religion and their free manifestation.

We are also hopeful that you will act in accordance with your promise to Cardinal Fernando Filoni and his Vatican delegation, which you met on 11 June 2012, that Azerbaijan remains a country where people of different religions and nations live peacefully, and where the state allows them to practice their faith without state intervention. 

We wish to draw your attention to the fact that the religious denomination, to which the Greater Grace Protestant Church belongs, encourages people to live peaceful and law abiding lives with due regard to their neighbour. The Church is not a threat to public order and stability in Azerbaijan. We urge the Government and, specifically, the State Committee for Work with Religious Organisations to protect the freedom of Protestant churches in Azerbaijan and facilitate the progress of their peaceful existence.

We are grateful for your consideration of this important matter.

Yours Sincerely,

Russian Ministries (USA)

Stop government sanctioned suppression of religious freedom in Azerbaijan

Petition
To the 112^th United States Congress

---

President of the Senate Joe Biden
President Pro Tempore of the Senate Daniel Inouye
Speaker of the House of Representatives John Boehner
Honorable Members of the Congress

We, the undersigned, petition the Congress to act urgently to stop government-sanctioned suppression of religious freedom and freedom of association of Protestant Christians in Azerbaijan.

There is overwhelming evidence that the institutions of the state of Azerbaijan are being used to perpetrate injustice and suppress a peaceful religious minority, which does no harm to the daily life of the nation.

While the capital city of Azerbaijan, Baku, is hosting the 2012 Eurovision Song Contest in May, a showcase to improve its Government’s international image, suppression of and discrimination against a small minority of Protestant Christians is going unheeded. Such suppression persists in many forms, including laws and judicial decisions which, in their conception or enforcement, are neither general nor neutral. Numerous court cases have demonstrated that the Azerbaijani courts have allowed themselves to be used as tools of the Government in its repression of the media, opposition and civic society.

Despite Azerbaijan being an officially secular country (with a Muslim cultural character), religion continues to be one of the most vital elements that go to make up the identity and meaning of life of the peaceful minority of Protestant Christians. The lengths to which many of them are prepared to go in order to be able to lead their lives in accordance with their religious belief is evidenced by a string of cases which have reached the European Court of Human Rights.

You are fully aware of a strong correlation between government-sanctioned persecution, which is carried on with impunity, and civil strife. In countries where governments place legal restrictions on religious freedom and limit the activities of “unwanted” religious perspectives, these actions promote a societal belief that violence against these marginalized groups is not only permitted by society, but legitimized by law. We are determined to stop this happening to Protestant Christians in Azerbaijan and we hope the Congress will support our effort. 

On 25 April 2012, a Court in Azerbaijan ordered closure of the Greater Grace Protestant Church in Baku. The Court’s decision was based on the allegation that the Church failed to re-register its license, despite the fact that all necessary papers were submitted by the Church in good time. The decision of the Court means that any activity the Church engages in would be illegal and subject to severe punishment. This forced liquidation of a religious group in the country came as a result of the harsh new Religion Law which was passed in 2009.

The last UN Human Rights Committee report on Azerbaijan (CCPR/C/AZE/CO/3) stressed a serious concern that “religious communities [in Azerbaijan] are requested to register and obtain legal personality in order to be able to function freely, as the lack of legal personality may prevent such communities from the enjoyment of a large number of rights”.

Thomas Hammarberg, Commissioner for Human Rights of the Council of Europe, also reported (CommDH(2010)21) following his visit to Azerbaijan from 1 to 5 March 2010 that “difficulties have reportedly been faced by some religious communities in obtaining re-registration”. The report continues saying that the Commissioner “expressed concerns about recent legislative changes which could limit the freedom of association in Azerbaijan”. The report gives a clear picture of various state-constructed legal obstacles being used by the Government of Azerbaijan to limit religious freedom of minorities. Specifically, the legal requirement of re-registration as currently used by the authorities to suppress Protestant Churches and eliminate them from the public life of the nation.

The method of dealing with “unwanted” groups through the process of re-registration has been used by the Government of Azerbaijan on many occasions. The delays in registration of non-governmental organizations (NGOs) have given rise to several applications against the Government. Thus, in Ramazanov and Others v Azerbaijan  (No. 44363/02) 1/2/07, Ismayilov v Azerbaijan (No. 4439/04) 17/1/08 and  Nasibova v Azerbaijan (No. 4307/04) 18/10/07 the significant delays in the registration of NGOs were found to violate the European Convention on Human Rights. However, the Government of Azerbaijan is continuing using this legal tool to suppress Protestant Christian churches.

On 13 August 1992, Azerbaijan ratified the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights containing binding commitments to safeguard religious rights “without distinction of any kind”. The decision of the Court goes contrary to these commitments.

On 12 November 1995, Azerbaijan adopted its Constitution (amended on 24 August 2002), which, according to its Article 147, carries the highest legal force in the country. Articles 18, 25, 47 and 48 of the Constitution safeguard rights of peaceful religious minorities, including Protestant Christians. The decision of the Court goes contrary to these provisions.

On 25 January 2001, Azerbaijan signed the European Convention for the Protection of Human Rights and Fundamental Freedoms which includes Articles 9 and 14 safeguarding the rights to freedom of conscience and religion and their free manifestation. The decision of the Court goes contrary to this commitment.

While taking legal action against the Church, the Government authorities have also committed serious breaches of procedural law of the state. The decision of the Court was made despite these breaches.

The decision means there will be no freedom of religion in Azerbaijan without state authorization. The first minority already affected is Protestant Christians and it means that all religious activities by Greater Grace Protestant Church members and other churches will be deemed illegal in the future.

We, the undersigned, call on the Congress to demand from the Government of Azerbaijan to implement the principles of the Universal Declaration on Human Rights, bring the country’s laws into compliance with the Declaration and allow Protestant Churches and their members to continue peaceful existence and free practice of their faith: