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The right to believe, to worship and witness
The right to change one’s belief or religion
The right to join together and express one’s belief

AZERBAIJAN: NSM secret police detentions extended, conscientious objector's appeal fails

Two Muslim prisoners of conscience detained since April, Eldeniz Hajiyev and Ismayil Mammadov, had their pre-trial detention in the hands of Azerbaijan's NSM secret police extended for a further two months today (7 August), Forum 18 News Service has been told. Pre-trial detention for a third prisoner of conscience, Revan Sabzaliyev who was detained in May, was extended three days earlier. If convicted, the three men face up to three years' imprisonment for participating in a meeting which was raided by armed police and the NSM secret police. The men had met with other Muslims to discuss their faith with the help of the writings of Islamic theologian Said Nursi. The rulings come after an appeal court in southern Azerbaijan rejected the appeal of Jehovah's Witness conscientious objector Kamran Shikhaliyev against a one-year sentence in a military disciplinary unit. In all these cases Forum 18 has been told that violence has been used by officials against those in their power. There are also continuing administrative fines of people for exercising their freedom of religion or belief.

AZERBAIJAN: Third Muslim in secret police pre-trial detention

Revan Sabzaliyev became the third Muslim who reads the works of the late Turkish theologian Said Nursi to be arrested by Azerbaijan's National Security Ministry (NSM) secret police. He was summoned to the NSM headquarters in Baku on 23 May "and was arrested right there", fellow Muslims told Forum 18 News Service. Within days, a court ordered he be held in two months' pre-trial detention. He joins two others, Eldeniz Hajiyev and Ismayil Mammadov – held by the secret police since 12 April – facing criminal prosecution for a meeting for religious education without state permission. Meanwhile, two Jehovah's Witness meetings were raided by police as "illegal" in early June, one in Gyanja and one in Mingechaur. "It wasn't a raid," Mingechaur police chief Colonel Alasgar Badalov insisted to Forum 18. Four of those present at the Gyanja meeting face large fines if found guilty at court hearings due on 17 June.

AZERBAIJAN: "The banned book the Old Testament was confiscated"

Three women convicted in southern Azerbaijan in May of meeting for religious purposes without state permission are challenging their convictions, Forum 18 News Service has learnt. No dates for the appeal hearings have been set. Two of the women were heavily fined and police confiscated Bibles and other religious publications. In another case, following the detention of two women and a 14-year old girl talking about their faith to others, police confiscated what they described as "the banned book the Old Testament". Also, Muslims who read the works of the late Turkish theologian Said Nursi have been seeking to find out from the State Committee for Work with Religious Organisations why his works have been banned and are confiscated by police. The State Committee replied that his works are "inappropriate for import in large quantities or publication". As one Muslim observed to Forum 18, "they didn't use the term 'forbidden' or 'banned', but the term 'inappropriate'. This is incomprehensible in terms of legislation, isn't it?"

AZERBAIJAN: Where is prayer allowed?

On 25 April, Police in Azerbaijan's capital Baku tried to prevent worshippers unable to fit into the small Lezgin Sunni Mosque for Friday prayers from praying in the surrounding streets. On the four Fridays since then, police impose a cordon from mid-morning and allow no prayer around the mosque, the mosque chair Faiq Mustafa complained to Forum 18 News Service. Colonel Kamal Velishov also tried to order the mosque to close at 8 pm each evening. "This would prevent us holding the last two prayers, at 9 pm and 11 pm," Mustafa noted. Colonel Velishov refused to discuss his actions, including threats to close the mosque. "Talk to the Interior Ministry," he told Forum 18, putting the phone down. Other Sunni Muslim mosques were closed in 2008-9. The State Committee for Work with Religious Organisations appears to have been behind this spring's enforced change of leadership at the previously Sunni mosque in Mushfiqabad near Baku.

AZERBAIJAN: Beating to extract "evidence"; conscientious objector gets one year's military detention

Dashqin Vahabli was among nine Muslims fined nearly four months' average wages for attending a study session of the works of Islamic theologian Said Nursi in Baku. On 1 May he was summoned to the secret police where, he told Forum 18 News Service, he was beaten. Officers tried to force him to incriminate Eldeniz Hajiyev and Ismayil Mammadov for teaching religion "illegally". The two have been in secret police custody since 12 April and face up to three years' imprisonment if convicted. Secret police investigator Nadir Mustafayev did not answer Forum 18's repeated calls. Meanwhile 18-year-old Jehovah's Witness conscientious objector Kamran Shikhaliyev has appealed against his sentence of one year in a disciplinary military unit. He was forcibly conscripted in October 2013. Azerbaijan's failure to introduce a civilian alternative to military service is in defiance of its commitments to the Council of Europe, of which it becomes Chair on 14 May.

AZERBAIJAN: Muslim Nursi texts, Old Testament, and Jehovah's Witness texts "banned"

Members of several religious communities in Azerbaijan have expressed concern to Forum 18 News Service over a list of "banned" books, which may be used to confiscate books in raids. Most of the banned books are Islamic texts such as those by theologian Said Nursi, but the list also includes the Old Testament and Jehovah's Witness texts. The list was apparently compiled by police based on State Committee for Work with Religious Organisations "expert analyses", but is not so far known to have been published officially. Police have long confiscated texts named on the list as well as others during raids on private homes and meetings of people exercising their right to freedom of religion or belief. "We need to pray to God for wisdom as to how to respond to this ban on the Holy Scriptures in Azerbaijan", one Protestant noted. Azerbaijan has long imposed tight censorship on all religious literature and items, and the State Committee seems to be delaying permission for the Baptist Union to print New Testaments.

AZERBAIJAN: Three year prison terms for Koran study?

Two Muslims from the Azerbaijani capital Baku - Eldeniz Hajiyev and Ismayil Mammadov – are under criminal investigation on charges of "Creation of a group carrying out activity under the pretext of spreading a religious faith", the lawyer for one of the men Nizami Abbasov told Forum 18 News Service. The charges carry a maximum three-year prison term. Two days after their 12 April arrest, a court ordered two months' pre-trial detention. The two – both readers of Islamic theologian Said Nursi's works - are being held in Baku's NSM secret police investigation prison. Hajiyev "told me he reads the Koran and studies with his friends and does nothing against anyone," Abbasov told Forum 18. "Of course he has the right to do this." After a separate raid in the north-western town of Qazax, another Nursi reader was given a seven-day prison term.

AZERBAIJAN: Four days incommunicado at secret police – so far

The NSM secret police has been holding two Muslims incommunicado since 12 April, including a man who offered his Baku home for a Muslim study session, Muslims who know them told Forum 18 News Service. Eldeniz Hajiyev and fellow Nursi reader Ismayil Mammadov were seized after an armed police raid on the meeting. Forum 18 was unable to reach anyone at the NSM secret police in Baku to find out where the men are being held and why. Nine others present were fined more than three months' average wages each. Fined the same day by the same court was a Shia Muslim theologian who had been teaching his faith in the same Baku district. Azerbaijan has tight government controls on exercising the right to freedom of religion or belief. Meetings for worship or religious education, or selling religious literature without state permission are banned and punishable.

AZERBAIJAN: Conscientious objector's trial to begin after 4 months' detention

Four months after being forcibly detained in October 2013 and sent to a military unit, conscientious objector to military service 18-year-old Kamran Shikhaliyev is due to go on trial at a military court in southern Azerbaijan on 13 February. His fellow-Jehovah's Witnesses told Forum 18 News Service that "despite physical abuse, verbal humiliation, and psychological pressure, Shikhaliyev has refused to wear a military uniform, perform military duties, or take the military oath". The head of the Conscription Office which forcibly seized him claimed to Forum 18 that "he wasn't detained, just sent to a military unit". Elsewhere, after a Gyanja Police raid on a Jehovah's Witness meeting, five of those present were fined the equivalent of one year's teacher's salary. "More than 40 people were gathered in the flat," police complained to Forum 18. "That's banned. They had no permission from the state organs to meet." And the State Committee for Work with Religious Organisations has declined to tell Forum 18 what measures are planned against the unregistered Sunni mosque in Mushfiqabad, as "work in this direction is in progress". Many such mosques have been forcibly closed by the state.

AZERBAIJAN: Fined for praying for deceased

Tural Kuliyev, a Muslim, was fined the equivalent of a year's salary for a local state employee in the central town of Mingechaur for praying at people's request for their deceased relatives in the town's Ali cemetery. The punishment was for "violating legislation on holding religious meetings, marches, and other religious ceremonies". "Other imams who pray in the cemetery and read the Koran complained about him. He didn't have permission," Police Captain Anar Kadimov, who prepared the case, insisted to Forum 18 News Service from Mingechaur. He said another man had similarly been fined at the same time. Meanwhile, the authorities have reportedly destroyed a mosque being built in a remote village in southern Azerbaijan. Villagers began construction after waiting in vain for permission. An official of the state-backed Caucasian Muslim Board told Forum 18 that "houses of God should never be closed or destroyed," but he said it was for the State Committee for Work with Religious Organisations to decide when the many state-closed mosques will be allowed to reopen for worship.

AZERBAIJAN: "I want my rights to be protected by our government, not violated"

Seven Jehovah's Witnesses in northern Azerbaijan were in November and December each fined the equivalent of one year's salary for a teacher for exercising their freedom of religion or belief, Forum 18 News Service has learned. The fines followed a police raid on a Jehovah's Witness family, which took place without a search warrant. Police forced their way into the family's home and confiscated books including personal Bibles, money, and personal medical and financial documents. Against the law, police gave the family no record of their confiscations. One of the women present was injured by police, and she had to be hospitalised when she later during detention had an epileptic fit. Police detained those present at a police station for 12 hours, claiming that they were terrorists, and repeatedly threatened detainees with sexual violence and loss of employment. Police also pressured detainees to give up their faith. Following a similar raid in May 2012 a Muslim from Baku, Zeka Miragayev is preparing a case for the European Court of Human Rights. "I want my rights to be protected by our government, not violated," he told Forum 18.

AZERBAIJAN: "Tragicomedy and mockery of justice"

Islamic theologian Taleh Bagirov has been given a two-year strict regime prison sentence on 1 November by a court in Azerbaijan. He was found guilty of possessing just over one gram of heroin, a fabricated accusation his supporters insist. As well as politically opposing the state, Bagirov and other Muslims had opposed the Caucasian Muslim Board's attempt to impose an imam on the Hazrat Abulfaz Aga Mosque. The authorities attempted to use a sermon to prosecute him, but "they realised they would have made themselves a laughing stock if they had pursued these charges" lawyer Javad Javadov told Forum 18 News Service. In August Bagirov's driver, Anar Melikov, was given a 19-month prison term. His lawyer Anar Kasimov denounced this "tragicomedy and mockery of justice". Among other recent cases, two Jehovah's Witnesses - Reza Babayev and Ilham Hasanov - were discussing their faith in Barda when a local man gathered a crowd of about 20 men who insulted and assaulted the two, and tore some of their religious literature. Police took no action against the crowd, but Babayev and Hasanov have been convicted of "violating legislation on holding religious meetings, marches, and other religious ceremonies". Their appeals were rejected today (7 November).

AZERBAIJAN: Conscientious objectors amnestied, imam and driver not freed

Azerbaijan's two known imprisoned conscientious objectors – both Jehovah's Witnesses - have been freed as part of a prisoner amnesty, Forum 18 News Service has learnt. However, prisoners of conscience Imam Taleh Bagirov and his driver Anar Melikov have not been freed. Imam Bagirov is known for his political opposition to the government, and also openly opposed the imposition of an imam from the state-backed Caucasian Muslim Board to lead his mosque near the capital Baku. All mosques are required by the Religion Law to be controlled by the Board, which is required to appoint their religious leadership. On 27 June a Baku court ordered the extension of Imam Bagirov's pre-trial detention by one month, while Melikov's trial is expected to begin in a different Baku court in mid-July. Both men have been detained since 31 March. They insist that state claims that they possessed heroin, a pistol, and bullets are false.

AZERBAIJAN: Imam and driver in pre-trial detention, conscientious objector imprisoned

Imprisoned Jehovah's Witness conscientious objector Kamran Mirzayev is due to hear tomorrow (15 May) if his appeal has overturned his nine-month prison sentence, Jehovah's Witnesses told Forum 18 News Service. He is one of two known conscientious objectors imprisoned for refusing Azerbaijan's compulsory military service. Azerbaijan committed itself to adopting an alternative civilian service by January 2003, but failed to do so. Meanwhile, Imam Taleh Bagirov – who led prayers and preached at a Shia mosque near Baku in defiance of the authorities' pressure – is in his second month of pre-trial detention, together with his driver. Community members insist the accusations against them are fabricated. The investigator leading the criminal case, Vusal Salehov from the Police Department for the Fight Against Organised Crime, refused to discuss the case with Forum 18.

AZERBAIJAN: Harsh fines cancelled, banned books list publication soon?

Two Baptists in Azerbaijan's north-western Zakatala District - Pastor Zaur Balaev and Hinayat Shabanova – have had harsh fines overturned on appeal, Forum 18 News Service has learnt. Both had been punished for participating in unregistered religious meetings in their home village of Aliabad. The State Committee for Work with Religious Organisations has announced that it will make a list of banned books public, but without giving a date for this. And more changes to the Religion Law restricting where religious literature and other materials can be sold, and requiring such items to be marked with special stickers before they can be sold, have been approved by President Ilham Aliyev. Religious literature is often confiscated in raids on religious meetings and at the border, in mid-March Customs officers confiscating works by Muslim theologian Said Nursi at Gyanja Airport. Also, concern has been expressed about a school textbook that denigrates some faiths.

AZERBAIJAN: Heavy fines follow police raids and confiscations

Judge Imanverdi Shukurov in Zakatala in Azerbaijan has fined two Baptists, Pastor Zaur Balaev and Hinayat Shabanova, more than a year's average local wages for a manual worker to punish them for exercising their right to freedom of religion or belief. "I can't pay this amount," Shabanova told Forum 18 News Service. Judge Shukurov, as well as the local police chief and the local official of the State Committee for Work with Religious Organisations, refused to discuss the fines with Forum 18. Balaev and Shabanova's husband have both served prison sentences for their faith and their church has been denied legal status since 1994 – an Azerbaijani record. Meanwhile, Baku-based Muslim Zeka Miragayev is lodging a further appeal in his case against the police and NSM secret police who raided his home and seized religious literature.

AZERBAIJAN: No legal place of worship for 40,000-strong town

The stripping of state registration from a Muslim community through the court leaves the 40,000 residents of Hirdalan near the Azerbaijani capital Baku with no legal place of worship of any faith, Forum 18 News Service notes. Neither the State Committee for Work with Religious Organisations – which brought the suit - nor the Justice Ministry would explain how one agency could seek the liquidation of legal status granted by the other. After a similar liquidation, Baku's Greater Grace Protestant Church, failed in its last-ditch Supreme Court challenge on 9 January. Meanwhile, Baku's Baha'i community is lamenting the demolition of a building in Baku significant to the early years of their faith, whose return they had repeatedly sought in vain. Imprisoned Jehovah's Witness conscientious objector Fakhraddin Mirzayev has been transferred to a prison near Salyan after he lost his appeal against his one year sentence.

AZERBAIJAN: Accountability for raiders through Baku and Strasbourg courts?

Baku-based Muslim Zeka Miragayev – whose home was raided by police and secret police without a warrant in May 2012 during which Korans and other religious books were seized – is seeking through a Baku court to have the raids declared illegal. Local police chief Lt-Colonel Hakani Mammadov denied to Forum 18 News Service that any literature had been taken in the raid. The secret police denied to the court that it had been involved at all. The OSCE Office in Baku told Forum 18 it will monitor the case when it resumes in court on 22 January. Gyanja-based Rashad Niftaliyev – who has been fined three times in as many years after police raids on unregistered meetings for worship – is the most recent Jehovah's Witness from Azerbaijan to lodge a case to the European Court of Human Rights in Strasbourg over such raids. Four other groups of Jehovah's Witness victims have lodged raid-related cases to the Strasbourg court since 2007, though no verdicts have yet been issued.

AZERBAIJAN: Censorship "to create an environment of freedom of conscience"

For the second time a court in the Azerbaijan's capital Baku has backed State Committee for Work with Religious Organisations' decisions on both what religious literature can and cannot be imported into the country, and also what quantities can be imported. Baku Appeal Court rejected the Jehovah's Witness community's appeal on 1 November, Forum 18 News Service has learned. Jehovah's Witnesses told Forum 18 they will continue their legal challenge. State Committee spokesperson Orhan Ali insisted that the literature in question was "harmful". When Forum 18 pointed out that the State Committees' own "expert analysis" had not found any harmful material, Ali put the phone down. An earlier lower court decision claimed that "in order to create an environment of freedom of conscience, putting limitations upon the import of a sufficient amount of literature is normal for all communities." Azerbaijan is the only Council of Europe member state to impose such compulsory censorship, against its human rights obligations.

AZERBAIJAN: Former prisoners of consciences' homes raided, literature confiscated

Police in Azerbaijan raided a meeting for Baptist worship in the home of former prisoner of conscience Zaur Balaev on 7 November, Forum 18 News Service has learnt. The raid in Aliabad took place as Balaev and his wife Nunuka were in Moscow, where she is undergoing cancer treatment. Police detained and questioned one Baptist, as well as seizing religious literature including New Testaments. In a simultaneous raid on another home in the village, police seized more religious literature and questioned another former prisoner of conscience, Hamid Shabanov. Local police refused to discuss with Forum 18 why they had raided the two homes and seized literature including New Testaments. State Committee for Work with Religious Organisations spokesperson Orhan Ali claimed that if nothing illegal is found in the books, they will be returned. "This is not censorship," he insisted to Forum 18.

AZERBAIJAN: Is confiscating religious literature censorship?

Azerbaijani customs and secret police officers spent more than six hours searching a family minibus returning from Russia in late September, seizing religious literature they found hidden and confiscating the van and the driver's passport, members of the Byakov family told Forum 18 News Service. One copy of each book and magazine has been sent to the State Committee for Work with Religious Organisations in Baku for "religious expert analysis". Azerbaijan bans the import of religious literature without State Committee permission. After five months, a car confiscated from other Baptists after religious literature was found in it has been returned, but a criminal case against the three for "illegal" religious literature distribution continues. Claiming that censorship has been abolished in Azerbaijan, Prosecutor Zahid Valiyev denied to Forum 18 that confiscating religious literature represents censorship.

AZERBAIJAN: Government blames "errors" for negative Venice Commission/OSCE Opinion

Following serious criticism of Azerbaijan's Religion Law by the Council of Europe's Venice Commission and the Organisation for Security and Co-operation in Europe (OSCE), Ali Hasanov of the Presidential Administration blamed this on "translation errors" in an "unofficial translation" he claimed had been used for the legal Opinion. However, a Venice Commission spokesperson told Forum 18 News Service that the translation on which the Opinion was based was an official translation supplied by the Government. Hasanov claimed that as soon as the Opinion was released, the Presidential Administration had immediately sent an "official translation" to the Venice Commission. However, the Venice Commission spokesperson told Forum 18 that it has received no new translation from the Azerbaijani government. Hasanov also claimed that the Venice Commission "now considers that the Law .. completely reflects European standards." The Commission's Opinion found that the Law contains "restrictive provisions which are against international standards". The Venice Commission spokesperson told Forum 18 that it fully stands by its Opinion.

AZERBAIJAN: One conscientious objector jailed, others called up

The latest conscientious objector to be jailed in Azerbaijan is a 19-year-old Jehovah's Witness, Forum 18 News Service has learned. Fakhraddin Mirzayev was given a one-year prison sentence on 25 September by a court in Gyanja. He has lodged an appeal. "This is the first criminal prosecution of a Jehovah's Witness conscientious objector in Azerbaijan since Farid Mammedov was imprisoned in September 2010," Jehovah's Witnesses told Forum 18. "Others have been investigated, but their cases were never referred to court." Jehovah's Witnesses told Forum 18 that up to 20 others have been called up in the latest conscription round. Asked if the young men fear being prosecuted and possibly imprisoned, one Jehovah's Witness responded: "I'm not sure they're afraid – it's just a reality. They are aware of this when they become Jehovah's Witnesses. They are not afraid just because they are following their consciences." In January 2001, Azerbaijan promised the Council of Europe that it would within two years pardon all jailed conscientious objectors and introduce alternative civilian service.

AZERBAIJAN: Ramadan mosque bans, JW jailed, Church ban upheld

An official in Azerbaijan's second city Gyanja has admitted to Forum 18 News Service that only one of the city's six permitted mosques is allowed by the state to hold iftar meals at the end of each day's Ramadan fast. Ruslan Kardashov, whose role includes overseeing religious communities, also repeatedly refused to discuss local Muslims' complaints about a ban on the mosques holding Ahya night prayers. Also, one Jehovah's Witness from Gyanja spent three days in prison and another received an official warning in July, for being unable to pay massive fines imposed for exercising their freedom of religion or belief. Elsewhere, a Jehovah's Witness conscientious objector was forcibly conscripted into the army, but was allowed home after two weeks. And an appeal against state liquidation by Baku's Greater Grace Protestant Church has failed.

RUSSIA: "Absurd bans"

Russia's recent ban of more than 65 Islamic works has attracted many protests. Appeals against the bans will be presented on 6 August to Orenburg Regional Court, Forum 18 News Service has been told by a court official. On 18 July it became known that one of the 65 books, Elmir Kuliyev's Russian-language book "The Path to the Koran", had been banned for the second time by a court in Omsk. This second ban was, like the Orenburg banning decision, at the initiative of the FSB security service. Islamic scholar Rinat Mukhametov has stated that the Orenburg court ban was a "crucial turning point" for Russia's Muslims. He said the "absurd bans" had to be challenged.

AZERBAIJAN: Two plus three equals five

Two Muslims in Azerbaijan's second city Gyanja failed in their appeals in July to have heavy fines to punish them for their religious activity overturned, according to court records seen by Forum 18 News Service. The two were fined after police raided Muslim prayers in a private home, days after three Turkish students were fined. Gyanja is a religious freedom blackspot, with a Sunni mosque and three Protestant churches closed down, fines for religious activity and raids on shops selling religious literature. Meanwhile, the first hearing took place in the capital Baku in the appeal by Greater Grace Protestant Church against its enforced liquidation. The appeal resumes on 31 July. Unless the Church succeeds in its appeal, any communal activity it undertakes will be illegal and its members subject to prosecution.

AZERBAIJAN: New literature controls not "formally" about censorship

New legal amendments approved by Azerbaijan's parliament specify that not only medicines, books and recordings, but "literature with a religious purpose (both hard copy and electronic), audio and video material, goods and produce and other information material with a religious theme" require a state-issued "verification mark" before they can be sold. Those selling religious materials without such marks risk fines and confiscation of the materials. Forum 18 News Service notes that religious literature is already subject to compulsory prior censorship from the State Committee for Work with Religious Organisations, with punishments for those who produce or sell religious literature without State Committee permission.

AZERBAIJAN: "They were praying where they weren't allowed"

Police and secret police officers raided the home of local Muslim Zeka Miragayev in the capital Baku, confiscating copies of the Koran and other Muslim books, as he told Forum 18 News Service. Officers also took money from his home. Police declined to comment to Forum 18. In Azerbaijan's second city Gyanja, police raided a private home where the hosts and three visiting Turkish students were praying the namaz. Two family members and the students were questioned for eight hours at the police station. The Muslims say police beat at least some of them. The three students were given heavy administrative fines, but the orders to deport them were overturned on appeal. "They were praying where they weren't allowed," the local police chief explained to Forum 18. He denied anyone was beaten.

AZERBAIJAN: Not arrested, merely detained

Police in Azerbaijan have threatened six Baptists with criminal prosecution for sharing their beliefs with others, Forum 18 News Service has learned. The passports of three have been confiscated, as has Christian literature and a car. Deputy police chief Misir Imamaliyev, who interrogated one group held at a police station, claimed to Forum 18 that they were not arrested but merely detained. "Distribution of any religious books without state permission is illegal", he stated. Elsewhere, Baku's Greater Grace Protestant Church is awaiting its appeal against a court ruling that it be liquidated.

AZERBAIJAN: "No-one was raided"

At least 20 police officers – including the local police chief – took part in a raid on a Seventh-day Adventist Church in Gyanja in Azerbaijan on 12 May, Forum 18 News Service has learned. The local head of the State Committee for Work with Religious Organisations took part in the raid, but denied this to Forum 18. Police initially searched for foreigners in the congregation, and when they found none then started checking whether all the approximately 50 children present had written permission to be present from both their parents. After questioning church members and children for several hours, police warned those they questioned that prosecutions would follow with fines. At least one congregation member has been heavily fined, without going through a court trial. The raid came two weeks after the home of a Jehovah's Witness in Sumgait was also raided and religious literature confiscated. Sumgait Police told Forum 18 that "no-one was raided". Baptists have also been stopped while sharing their faith, and a court in the capital Baku has handed down a verdict liquidating Greater Grace Protestant Church. The Church will appeal against this, the first enforced liquidation of a religious community since a harsh Religion Law was adopted.

AZERBAIJAN: Court liquidates Church

A court in the Azerbaijani capital Baku has ruled to liquidate the Greater Grace Protestant Church, the Judge's assistant told Forum 18 News Service. At a 15-minute final hearing on 25 April in the Church's absence, Judge Tahira Asadova upheld the suit lodged by the State Committee for Work with Religious Organisations. Asked how the Judge could have taken a decision which means that any activity the Church engages in would be illegal and subject to punishment, Judge Asadova's secretary Sevinj Ahmedova told Forum 18: "The court has decided." She said the decision will enter into force a month after the written verdict is issued, unless the Church lodges an appeal. Church members told Forum 18 they intend to challenge the decision through every court, even to the European Court of Human Rights in Strasbourg. Ilya Zenchenko, head of Azerbaijan's Baptist Union, says he is troubled by the decision. "I protest against it – it is not just," he told Forum 18.

AZERBAIJAN: Waiting for state approval to sell religious books

An official of the State Committee for Work with Religious Organisations – which operates Azerbaijan's harsh religious censorship system – admitted in mid-April that about 100 shops wishing to sell religious books are still waiting for the necessary licences. Only 16 such licences have been issued since the system's introduction in 2009. Forum 18 News Service notes that selling religious books without a licence risks a maximum punishment for a first offence of two years' imprisonment. Baku's Metro banned the sale of religious books in early April. One religious publisher told Forum 18 that after the compulsory licensing system was introduced, several bookshops returned books as they were too afraid to sell them without a licence. Jehovah's Witnesses have failed in about 15 legal cases challenging State Committee religious censorship decisions.

AZERBAIJAN: Religious freedom survey, April 2012

Ahead of Azerbaijan's hosting of the Eurovision Song Contest, Forum 18 News Service notes that freedom of religion or belief and related human rights such as the freedom of expression and of assembly remain highly restricted. Among issues documented in Forum 18's religious freedom survey are: state attempts to counter discussion of violations with claims of inter-religious harmony and religious tolerance; officials behaving as if the rule of law places no limitations on their actions; unfair trials lacking due legal process; steadily increasing "legal" restrictions on and punishments for exercising freedom of religion or belief, often prepared in secret, forming a labyrinth of restrictive state controls; "legal" denials of international human rights standards Azerbaijan has agreed to implement; a highly restrictive censorship regime; enforced closures of places people meet for worship; a ban on praying outside mosques; jailing of prisoners of conscience exercising the right to conscientious objection to military service; arbitrary deportations of foreign citizens exercising the right to freedom of religion or belief; and severe denials of human rights in the Nakhichevan exclave. Azerbaijan is likely to remain a place where fundamental human rights are violated with impunity, and the state tries to make exercising human rights conditional upon state permission.

AZERBAIJAN: Judge "has already decided in her own mind to liquidate us" ?

A court in Azerbaijan's capital Baku is likely to decide on 19 April whether Greater Grace Protestant Church should be liquidated, a court official told Forum 18 News Service after the latest hearing on 12 April. If the court upholds the liquidation suit lodged by the State Committee for Work with Religious Organisations, all the Church's communal activity will become illegal. "The conduct of the Judge during the hearing testifies that she has already decided in her own mind to liquidate us", church members complained to Forum 18. They note that the Judge has acted with the State Committee in trying to dismiss the Church's defence arguments. The authorities have already closed down Muslim mosques they do not like – mostly Sunni mosques. Police and the courts have raided and warned Muslims who continued to worship in private homes. Also, a "temporary" ban on Muslims praying outside mosques, imposed in 2008, is still being enforced. No text of the ban appears to have ever been made public.

AZERBAIJAN: 12 April liquidation for Baku church?

Judge Tahira Asadova at Baku's Administrative Economic Court No. 1 will hand down her decision on 12 April whether Greater Grace Protestant Church in the Azerbaijani capital is to be liquidated, her assistant told Forum 18 News Service. If she rules to liquidate the Church's legal status, all its activity will become illegal and its members will be liable to prosecution. The Church insists that one state agency – in this case the State Committee for Work with Religious Organisations – cannot seek the liquidation of legal status granted by another – in this case the Justice Ministry, which registered the Church in April 1993. The Church insists it has never broken the law, but the State Committee told the Court it has "secret documents" – which it refused to reveal – testifying to violations. Meanwhile, the second known raid on a Muslim home in March has seen further works by the late Turkish Muslim theologian Said Nursi confiscated and handed to the State Committee for "expert analysis".

AZERBAIJAN: Raids continue, liquidation case adjourned

Muslim and Christian meetings in Azerbaijan continue to face raids involving the ordinary police, NSM secret police, and officials of the State Committee for Work with Religious Organisations, Forum 18 News Service has learnt. A Baptist pastor working in Neftechala and two Muslims holding a religious meeting in Sumgait were fined in separate cases in February. The Baptist Pastor, Telman Aliyev, has not been told how much he is being fined, and the State Committee has stated that he cannot carry out religious activity in his church. Police and NSM secret police officers who raided Mehman Halilov's private home in Shamakhi in early March seized books by Muslim theologian Said Nursi. They are now with the State Committee for an "expert analysis", after which their fate will be decided. Halilov's home was raided because he is claimed to have distributed the books. The Interior Ministry's announcement increased the number of books seized, and a police officer denied that the raid took place. "I don't know and no-one here knows", he told Forum 18. Meanwhile, the State Committee's legal case to close Baku's Greater Grace Church has been adjourned until 29 March.

AZERBAIJAN: "Illegal liquidation"

Azerbaijan's State Committee for Work with Religious Organisations has moved to close down Greater Grace Church in the capital Baku for failing to regain the compulsory re-registration, Forum 18 News Service has learnt. This is thought to be the first attempt to compulsorily close a religious community through the courts since compulsory re-registration was imposed by the harsh 2009 Religion Law. If successful the Church would lose the legal right to exist. The unregistered exercise of freedom of religion or belief is illegal under the Religion Law, against international human rights standards. Church members reject the suit, insisting to Forum 18 that "illegal liquidation" of its legal status – which it has had since 1993 – would violate the "Constitutional rights to freedom of religion" of members. "The case begins properly on 15 March at 4 pm," Judge Tahira Asadova told Forum 18. Commenting on the state-imposed closure of a Muslim prayer room in a building rented out by a charity for deaf people, a charity official told Forum 18 that: "It's not a bad thing if people pray – indeed it's good. But they need registration. The government doesn't like it otherwise."

AZERBAIJAN: "Without registration you can't pray"

Following a police raid on Baptists meeting for worship in Neftechala in Azerbaijan, Pastor Telman Aliyev, his wife (who was not present during the raid), and all the Church members have been summoned for police questioning on 23 December, after threats of criminal prosecution have been made against the pastor. The authorities declared the Church "closed" and sealed its building (though it was later unsealed), and confiscated all the books they could find, Forum 18 News Service has learnt. Officials also asked for the full addresses of all Church members, and what ethnicity they are. The State Committee for Work with Religious Organisations official responsible for the area, who took part in the raid and would not give his last name, insisted to Forum 18 that: "Without registration you can't pray. We close any place of worship that isn't registered, including mosques." He then insisted: "We don't ban, we just demand documents." The Church has applied for re-registration, but like very many communities of all faiths its application has not been answered. Exercising the right to freedom of religion or belief without state permission is illegal in Azerbaijan, in defiance of international human rights standards.

AZERBAIJAN: Latest repressive laws signed by President

Following Azerbaijan's passage of its latest set of legal changes restricting and punishing the exercise of freedom of religion or belief, groups of people who produce or distribute religious literature or objects without going through the compulsory prior state censorship now face prison terms of two to five years, or maximum fines equivalent to nearly nine years' official minimum wage per person. Azerbaijan has been steadily increasing restrictions on freedom of religion or belief and punishments for exercising this human right in recent years, Forum 18 News Service notes. Censorship-related "crimes" have mainly been moved from the Code of Administrative Offences to come under the Criminal Code, and in the Administrative Code an "offence" of leading Islamic prayers by those who have studied abroad has also been introduced. Particularly significant is a wide range of massively increased fines for exercising the right to freedom of religion or belief, which many "offenders" would struggle to pay.

AZERBAIJAN: Massive fines and warnings for meeting for worship

Six Jehovah's Witnesses in Azerbaijan's second city Gyanja have been given heavy fines for meeting for worship without the compulsory state registration, Forum 18 News Service has learnt. Only one of the fines was reduced at Gyanja Appeal Court today (14 December), leaving the total of the fines at 9,500 Manats (72,330 Norwegian Kroner, 9,300 Euros, or 12,090 US Dollars). This was described to Forum 18 as a "massive sum" by local standards. One of those fined, Rashad Niftaliyev, has within a twelve-month period now been fined a total of 3,650 Manats for exercising his freedom of religion or belief. Meanwhile, in Absheron District near the capital Baku, two Muslims were given official warnings for similarly meeting to discuss their faith in a private home without state registration. Responding to criticism of its restrictions on the exercise of freedom of religion or belief by Thomas Hammarberg, the Council of Europe Commissioner for Human Rights, Azerbaijan has claimed that "the Government supports all efforts to protect religious freedoms in the country and all over the world".

AZERBAIJAN: Up to five years' imprisonment for uncensored religious literature?

Prison terms of up to five years or maximum fines equivalent to nearly nine years' official minimum wage are set to be adopted by Parliament in mid-November for groups of people who produce or distribute religious literature without going through Azerbaijan's compulsory prior state censorship of all religious literature. Also due are new punishments for those who lead Muslim worship if they have gained their religious education abroad, Forum 18 News Service has learnt. The punishments are included in proposed amendments to the Criminal and Administrative Codes prepared by the powerful Presidential Administration, and approved by two parliamentary committees on 28 October. Parliamentary officials told Forum 18 they are set to be adopted in one reading, probably on 15 November. "Insanity is only increasing," one member of a religious community who asked not to be identified told Forum 18.

RUSSIA: "Unfortunately the judge did not agree with the prosecutor"

Rashid Abdulov, a Muslim who reads the works of theologian Said Nursi, told Forum 18 News Service he was pleased to have been freed on 7 September after nearly eight months' detention. But he rejects the extremism-related charges on which he was convicted and handed a one-year sentence of compulsory work. However, Ulyanovsk Regional Prosecutor's Office told Forum 18 the sentence is too "mild" and will appeal "as we believe he deserves a four-year term in a labour camp". Fellow Nursi reader Asylzhan Kelmukhambetov's appeal is continuing in Orenburg against his 18-month prison term. A diabetes sufferer, he is in the prison hospital. His lawyer told Forum 18 that the judge rejected her request for him to be freed while the appeal is heard. Eight criminal cases on extremism-related charges are underway against Jehovah's Witnesses in Russia, four of the cases against named individuals. One is already on trial, while the cases of two more have just been handed to court.

AZERBAIJAN: Victims to challenge "exorbitant" fines to Strasbourg?

Jehovah's Witnesses have described as "exorbitant" the administrative fines handed down to three of their members in Gyanja for holding a religious meeting. One was given a fine of nearly 18 months' official minimum wage, while the other two were each fined nearly six months' minimum wage. A fourth was officially warned. They are considering appeals to the European Court of Human Rights in Strasbourg. Forum 18 News Service notes that this is the first time the higher fines for religious activity introduced in December 2010 are known to have been imposed. Two Muslims who read the works of Said Nursi were acquitted of similar charges in August after a police raid on their meeting. Meanwhile, Hidayat Orujev, head of the State Committee for Work with Religious Organisations, has instructed the Muslim Board to amend its statute. He also warned that it is "unacceptable" for mosques to follow religious calendars that they choose and to decide whether to hold only Shia or Sunni prayers and events. The spokesperson for the State Committee denied to Forum 18 that this represents interference in the Muslim community's internal affairs.

AZERBAIJAN: Warned for meeting without state permission, legal status applications still delayed

After a police raid in Azerbaijan's port city of Sumgait in mid-June, a judge gave the leader of a Baptist church, Pavel Byakov, a verbal warning not to meet for worship without state permission. The judge also warned that for a second "offence" Byakov will be fined, church members who asked not to be named for fear of state reprisals told Forum 18 News Service. A large quantity of literature confiscated in the raid has been given to the State Committee for Work with Religious Organisations, to decide whether the material is legal. Prolonged delays in dealing with applications for legal status still continue, over one and half years after the deadline for processing applications. In defiance of Azerbaijan's international human rights commitments unregistered religious activity is illegal. Two religious communities – Cathedral of Praise Protestant Church and Baku's Jehovah's Witness community - have challenged the State Committee's failure to re-register them through the courts, and Cathedral of Praise today (27 July) gained a court ruling that they should be re-registered. But it still remains unclear when or if this will happen.

COMMENTARY: Bayatyan – a European Court judgment with an impact far beyond Armenia

The European Court of Human Rights (ECtHR) has unequivocally declared that conscientious objection to military service is protected under Article 9 ("Freedom of thought, conscience and religion") of the European Convention on Human Rights and Fundamental Freedoms. Derek Brett of Conscience and Peace Tax International http://www.cpti.ws/ argues, in this personal commentary for Forum 18 News Service, that the ECtHR judgment in favour of Vahan Bayatyan, an Armenian Jehovah's Witness jailed for conscientious objection to compulsory military service has implications far beyond Armenia. He notes that the judgment also has implications for Azerbaijan and Turkey within the Council of Europe, and for states outside the organisation such as Belarus. He suggests that the ECtHR may develop its thinking to directly address the problem of coercion to change a belief such as conscientious objection, as well as to follow the UN Human Rights Committee in strengthening the protection of conscientious objection.

ARMENIA: European Court finds conscientious objector was wrongfully convicted and jailed – but what will government do?

The European Court of Human Rights has today (7 July) published a Grand Chamber judgment finding that Armenia violated Vahan Bayatyan's right to freedom of thought, conscience and religion. Bayatyan, an Armenian Jehovah's Witness, was imprisoned from September 2002 to July 2003 for refusal on grounds of conscience to perform compulsory military service. Armenia currently has 69 prisoners of conscience – all Jehovah's Witnesses – in jail for refusing conscription. Armenian officials gave only cautious responses to the verdict to Forum 18 News Service, but Jehovah's Witnesses noted to Forum 18 that it should both lead to the prisoners of conscience being freed, and "help our fellow believers who are facing the same issue in Azerbaijan and Turkey". Armenia claims amendments to the Alternative Service Law now in Parliament will take the current alternative service out of the control of the military. But the wording of the amendments is unclear and does not unambiguously state this. Lieutenant Colonel Sasun Simonyan, who was involved in preparing the amendments, told Forum 18 that – as at present - anyone doing alternative service who violated their terms of service would be dealt with by the Military Prosecutor's Office.

AZERBAIJAN: "I'm the permission and the warrant"

The state religious affairs official who led the police raid yesterday (12 June) on a Baptist congregation in Sumgait during Sunday morning worship explained away the lack of a warrant. "I'm the permission and the warrant," local Baptists quoted him as telling them. Also raided the same day was a Jehovah's Witness meeting in Gyanja, fellow Jehovah's Witnesses told Forum 18 News Service. Both were raided because they do not have the compulsory state registration and in both cases fines are expected. An official of the State Committee for Work with Religious Organisations defended its officials' participation in the raids, claiming they were "in accordance with the law". The raids came two days after Parliament approved yet further restrictive amendments to the Religion Law.

AZERBAIJAN: Communities to be forced to begin re-registration again?

Many of Azerbaijan's religious communities, whose re-registration applications have not been answered since the end of 2009, fear that the proposed raising of the required number of adult founders from 10 to 50 could see their current applications rejected, Forum 18 News Service has learned. The latest restriction on freedom of religion or belief is contained with other restrictive Religion Law draft amendments to be considered in Parliament on 10 June. Officials have given contradictory views on whether the increase in founders will be applied retroactively. This will be the 13th time that the 1992 Religion Law has been amended. Many communities fear that their intent is to force them to re-apply again, giving more opportunities for officials to impose pressure on communities and stop them gaining legal status. The Council of Europe's European Commission against Racism and Intolerance (ECRI) has described restrictions in the Religion Law on spreading one's faith and on religious literature as "incompatible with the case-law of the European Court of Human Rights". ECRI was also highly critical of the re-registration system.

AZERBAIJAN: "The latest devious move to control religious communities"

Azerbaijan's President Ilham Aliyev has sent new amendments to the Religion Law to the country's parliament, the Milli Mejlis, which is due to consider them on 10 June. Among other new restrictions in the draft text seen by Forum 18 News Service, they will require 50 adults to state that they are founders for a religious community to apply for state registration. Also the amendments increase the controls that the state requires religious headquarter bodies or centres to have over all communities under their jurisdiction. "This is the latest devious move to control religious communities through the law," a member of a religious minority told Forum 18. Muslim activist Ilgar Ibrahimoglu Allahverdiev noted that "these amendments are anti-Constitutional and violate the European Convention on Human Rights and United Nations human rights provisions". Iqbal Agazade, the only Milli Mejlis deputy of the opposition Umid (Hope) Party, told Forum 18 that "the amendments restrict human rights and are not in accordance with Azerbaijani law and international standards".

AZERBAIJAN: Police "did well" in Sumgait raids

Defending the raids in mid-May on three Protestant churches in Sumgait within three days was the press office of Azerbaijan's Interior Ministry. The police "did well", an official there told Forum 18 News Service. After a raid by up to 15 police officers on the Sunday worship service of one of the congregations, held in a local restaurant, two church members were today (18 May) each fined about two weeks' average local wages. On 17 May, some 20 police officers raided a private flat where members of another local church were meeting, seizing about 60 books. "You can't meet for religious purposes in a restaurant – there are mosques and synagogues for that," the Interior Ministry official insisted. He refused to give his name, telling Forum 18: "I don't know who you are. You might be a terrorist or Azerbaijan's enemy No. 1."