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AZERBAIJAN: Another Sunni mosque disappears, heavy fines feared

After Turkish imam Ahmet left the Azerbaijani exclave of Nakhichevan in February, the Sunni Juma Mosque was taken over by the Shia community, leaving local Sunni Muslims nowhere to pray in the way they wish, Forum 18 News Service has learnt. Forum 18 has been unable to establish whether the imam was forced to leave by the Nakhichevan authorities, or whether he left on completion of his term. Turkish diplomats refused to say. "No new appointment [of a Turkish imam] has yet been made, and we don't know when that will be," one told Forum 18. Meanwhile, two Jehovah's Witnesses face possible heavy fines for religious activity after religious literature was seized from their homes. Police and secret police joined the local Religious Affairs official to raid one. A Nursi reader had a Koran seized and faced police questioning in Mingechaur.

AZERBAIJAN: "Sword of Damocles" hangs over religious booksellers

Bookshops selling religious literature in Azerbaijan are facing unspecified measures because they do not have the compulsory state licence to sell religious literature, Forum 18 News Service notes. Ilgar Ibrahimoglu Allaverdiev, head of the Devamm Muslim religious freedom organisation, told Forum 18 that "only very few can get such licences, while fines for selling religious books without a licence hang over traders like a sword of Damocles." However, he added that traders were reluctant to make official complaints in writing, fearing state reprisals, and preferred to complain verbally. Some local people noted to Forum 18 that traders are vulnerable to officials seeking bribes to turn a blind eye to evasion of the regulations. However, the harsh censorship regime on all religious literature is still being rigorously applied. And a ban is being imposed on local branches of foreign non-governmental organisations if, among other things, they engage in "political or religious propaganda".

AZERBAIJAN: Riot police versus worshippers

Three religious communities in Azerbaijan's second city Gyanja have been banned from meeting for worship, Forum 18 News Service has learned. Babek Sadykov of Gyanja Police completely denied this, claiming to Forum 18 that "no one is being prevented from worshipping". Local people, who wished to remain anonymous for fear of state reprisals, told Forum 18 that one of the communities was warned that "if they met for worship on the following Sunday or at any future date they will all be arrested". Two buses full of ordinary police and riot police later arrived to prevent any religious worship. Protestants told Forum 18 that the church had already reluctantly decided not to hold one big Sunday service that day. "People are now very afraid." Meanwhile, a government-initiated World Forum on Intercultural Dialogue was told by President Ilham Aliyev that "freedom of religion, freedom of conscience have been fully established in Azerbaijan".

AZERBAIJAN: Gaining legal status "a torturous process"

Many of Azerbaijan's religious communities have told Forum 18 News Service that procedures to gain or re-gain legal status are "a torturous process". At least 300 communities are waiting for renewed legal status, and unregistered activity is banned. Typically over 15 separate documents are required, and many complain that State Committee for Work with Religious Organisations officials arbitrarily and repeatedly question information supplied, the grammar of applications, and the completeness of documentation. Yusif Askerov of the State Committee told Forum 18 that "we're trying to help religious communities with the re-registration process". But communities state that complaints about slowness and hostility in processing applications are dismissed with comments such as "If you're not happy you can take us to court". Many communities are afraid to speak out publicly, for fear of official reprisals. But some are prepared to take their cases to the European Court of Human Rights in Strasbourg, noting the precedents set by Moldova losing such cases.

AZERBAIJAN: "True believers aren't concerned"

As yet a further mosque is reported closed, parliamentarian Fazil Gazanfaroglu Mustafaev complained to Forum 18 News Service of the continued enforced closure of places of worship. He cited the Turkish mosque near parliament where he regularly prayed, whose 2009 closure he termed "unfounded". Local Muslims told Forum 18 officials in Qobustan closed and sealed their mosque on 4 March with no explanation. They said denials to Forum 18 from Administration and local police officials were lies. Members of the only Sunni mosque in Azerbaijan's second city Gyanja are continuing their campaign to have it reopened, though the city's Administration chief told them it was not his business. Baku's Baptists are renewing their campaign for the return of their church ceremonially opened exactly a century ago but confiscated during Soviet rule. Rabiyyat Aslanova of Parliament's Human Rights Committee admitted mosques have been closed, but told Forum 18 that "true believers aren't concerned about this".

AZERBAIJAN: Continued defiance of UN and Council of Europe

Azerbaijan marked the tenth anniversary of its accession to the Council of Europe by rejecting a prisoner of conscience's appeal against his conviction. On 25 January Jehovah's Witness conscientious objector Farid Mammedov's appeal against his nine month jail term was rejected by the Supreme Court. He is now preparing a case at the European Court of Human Rights (ECtHR) in Strasbourg, Jehovah's Witnesses told Forum 18 News Service. Continued conviction of conscientious objectors breaks Azerbaijan's international – including Council of Europe - human rights obligations. Less than a month beforehand, the Supreme Court also rejected the final appeal against a fine imposed for conscientious objection from fellow Jehovah's Witness Mushfiq Mammedov (no relation of Farid). He and a former Jehovah's Witness prisoner of conscience, conscientious objector Samir Huseynov, lodged a joint application (No. 14604/08) on 7 March 2008 to the European Court of Human Rights. "This application is pending before the Court and no date has yet been fixed for its examination," a Court spokesperson told Forum 18.

AZERBAIJAN: Why a fine with no notice of a trial?

In the second such case known to Forum 18 News Service so far in 2011, Azerbaijan has imposed a fine for religious activity without state permission - without informing the victim she was being tried for this "offence". Jehovah's Witness Rasmiyya Karimova was warned by police in Gakh in north-western Azerbaijan not to conduct religious activity after a raid on her home in November 2010. However, although she was verbally told by a police officer that she would be fined 100 Manats, or three weeks' average wages, the first time she knew of a trial was when she received a court document informing her that she had been found guilty under Article 299.0.2 of the Code of Administrative Offences ("Infringement of the regulations on organising religious meetings or events"). The court document said that if she failed to pay the fine within the next ten days, bailiffs would seize property from her home to meet the fine. She has appealed, but has yet to receive an answer. The first such victim of a "trial" without notification was a Protestant fined for leading unregistered worship.

AZERBAIJAN: Schoolboy prayer ban leads to two-day prison sentence

Boys of school age were prevented from attending Friday prayers at the Juma Mosque in the central town of Yevlakh on 21 January, local Muslims complained to Forum 18 News Service. Barring entry was a town administration official and the head teacher of a local school, but both refused to explain to Forum 18 why they had done so. A young man, Elvin Mamedov, was given a two-day prison sentence for failing to abide by police orders after he protested against the local police officer forcing entry into the home of a father who had defied the ban and taken his son to pray. Meanwhile, Seventh-day Adventist Gheorghiy Sobor was allowed to return to his family and home after being barred for eight weeks from returning to Azerbaijan. A Moldovan citizen, he and his wife have been required to pledge in writing that he will not conduct religious activity. "Of course we are not happy about this," Aida Sobor told Forum 18. "It's like living without an arm or a leg."

RUSSIA: "It is, in my opinion, religious persecution"

Russia continues to raid meetings of readers of the works of Muslim theologian Said Nursi in 2011, Forum 18 News Service has found. Azerbaijani national Rashid Abdulov was arrested in Ulyanovsk on 20 January and is still in detention awaiting charge. Other Muslims gathered in the same flat were briefly detained in a raid in which police reportedly used physical violence was used against them, including against children present. Abdulov's lawyer Vladimir Zavilinich told Forum 18 that: "It is, in my opinion, religious persecution, and fits in with the trend of arrests in Novosibirsk and Krasnodar". Abdulov was found to be in possession of materials listed on titles which feature on the Federal List of Extremist Materials, and his lawyer expects him to come to trial in "a maximum of six to nine months, during which time Abdulov will remain in prison". Fellow Nursi reader Bobirjon Tukhtamurodov from Uzbekistan also remains in prison in Russia. This follows an extradition request from his home country and a request he filed to receive refugee status in Russia. Jehovah's Witnesses are also subject to such raids.

AZERBAIJAN: "There is no discrimination"?

After Azerbaijan's deportation of a former leader of the Seventh-day Adventist Church, Russian citizen Ivan Uzun, and the denial of re-entry to Moldovan citizen Gheorghiy Sobor, Adventists have told Forum 18 News Service they are trying to resolve problems with the government through dialogue. Sobor lives in the capital Baku with his Azerbaijani wife and their three young children. He thinks he may have been denied re-entry as he helped Adventists gain state permission to import books. His wife Aida told Forum 18 that: "Without any court decision and without the possibility for him to respond, they have separated Gheorghiy from his family and children. Such an action contradicts basic human rights and international law at the same time as Azerbaijan considers itself a democratic country". Yusif Askerov of the State Committee for Work with Religious Organisations claimed that "there is no discrimination". Adventists stress that they have been present in the country for more than a century. An Adventist told Forum 18 that: "We're working to build bridges with the government".

AZERBAIJAN: Pressure and punishments for worship without state permission increasing?

Azerbaijan appears to be increasing raids on and threats to religious communities for worshipping without state permission, Forum 18 News Service notes. An imam near the capital Baku, Mubariz Gachaev, received threats in late December 2010 that he would be imprisoned if his mosque continues to hold unregistered worship. A Protestant in northern Azerbaijan, Ilham Balabeyov, was in mid-January 2011 fined three weeks' average local wages for leading unregistered worship. Police also summoned him to a police station and detained him there for all of the day his church marks Christmas. Members of a forcibly closed Sunni mosque in Gyanja have told Forum 18 that the only religious activity they are now allowed to conduct is to meet in small groups, under police surveillance, to pray in private homes. As of today (24 January) only 510 religious communities are registered. It seems that many applications are either being denied or left without answer. No legal challenges to re-registration denials have yet succeeded. All unregistered religious activity is illegal, against international human rights law.

AZERBAIJAN: "Massive" increased fines for exercising freedom of religion or belief

Just before Azerbaijan increased penalties for exercising the internationally-recognised right to freedom of religion or belief, six Jehovah's Witnesses were punished in Gyanja for exercising their human rights. Under the Code of Administrative Offences, three were fined, one was warned and two – both Georgians – were deported, Jehovah's Witnesses told Forum 18 News Service. Had they been fined ten days later, they would have faced far higher penalties. Amendments to increase fines under two Articles of the Administrative Code that create offences for exercising freedom of religion or belief – Article 299 and Article 300 - were signed into law by President Ilham Aliyev on 29 December 2010. "These Articles punish what can be considered as normal religious activity," Eldar Zeynalov, head of the Human Rights Centre of Azerbaijan, told Forum 18. He said that the increased fines are "massive", and those fined, especially those without access to higher-paid work, will struggle to pay them. Zeynalov also warned that finding defence lawyers for those accused could be difficult.

AZERBAIJAN: "You don't need a licence to talk about chess or football, but you do about religion"

More than 15 police officers, as well as journalists with a video camera and a state religious affairs official raided the Saturday morning worship service of the Seventh-day Adventist congregation. Police questioned the ten church members present how much they were paid to be Christians, and two were given heavy fines, Protestants complained to Forum 18 News Service. Police insisted to Forum 18 the meeting had been illegal as the congregation is waiting for registration: "You don't need a licence to talk about chess or football, but you do about religion." Protestants complained about an Interior Ministry press release on the raid which said Adventists represent "a faith prohibited by law". "Adventists have lived in Azerbaijan for more than 100 years and have never been banned," Protestants told Forum 18. Fines for religious activity seem set to rise sharply if proposed amendments are approved in Parliament on 21 December. And a Muslim's legal attempt to recover books confiscated by the State Committee for Work with Religious Organisations has been dismissed - despite the confiscations being against the Constitution and law.

AZERBAIJAN: Harsher punishments for religious activity "a question of national security"?

Minimum fines for those who conduct religious worship without state approval could rise 15-fold, if proposed amendments to the Code of Administrative Offences now awaiting consideration by Azerbaijan's full parliament are approved. "It's so that they realise the responsibility for their actions," Rabiyat Aslanova, chair of parliament's Human Rights Committee, told Forum 18 News Service. "People are not fined just for praying to God. This is a question of national security." Human rights defenders and religious communities which are regularly penalised under the Code are concerned. A reader of the works of the Muslim theologian Said Nursi told Forum 18 that "we will suffer even more" if these increased fines are approved – "and so will others". Ali Huseynov, chair of parliament's Legal Policy and State Building Committee, told Forum 18 that Azerbaijan will not seek a legal review of the proposed amendments from the Council of Europe. "Why should we? We have our own experts."

AZERBAIJAN: "A religiously tolerant country"?

Four Baptists in Azerbaijan were yesterday (31 October) given five day jail terms after a police raid the same day on a Harvest Festival celebration in a private home, Forum 18 News Service has learned. Around 80 Baptists were present when police raided. Police first turned off the gas and electricity to prevent church members from preparing a festive meal, and then recorded the names of all those present also photographing and filming them. After a late night closed court hearing, home owner, Ilgar Mamedov and three others – Zalib Ibrahimov, Rauf Gurbanov and Akif Babaev - were given five-day prison terms. Police insisted to Forum 18 that there was nothing unusual about a late Sunday evening court hearing, claiming that "it happens". In a separate case, a court in the capital Baku has handed down a large fine on a Jehovah's Witness to punish her for offering religious literature on the streets. Azerbaijan has also rejected re-registration applications from many religious communities, after it made unregistered activity illegal. Asked about this, an official claimed: "Even our enemies admit that Azerbaijan is a religiously tolerant country".

AZERBAIJAN: Nine month jail term for conscientious objector

Jehovah's Witness Farid Mammedov's appeal against a nine month jail term for refusing compulsory military service on religious grounds has failed, Forum 18 News Service has learned. Jehovah's Witnesses told Forum 18 that the appeal hearing was short and "completely ignored" the country's international human rights obligations. "The prosecutor merely repeated the arguments made in the lower court that because no mechanism for alternative service exists, the constitutional right is irrelevant," a Jehovah's Witness present at the hearing told Forum 18. In defiance of its commitments to the Council of Europe, Azerbaijan has still not halted its prosecution of conscientious objectors, or introduced a civilian alternative service. Two other convicted conscientious objectors in March 2008 lodged an appeal to the European Court of Human Rights (ECtHR), but no admissibility decision has yet been made on this.

AZERBAIJAN: No re-registration, no building – no worship

Cathedral of Praise Protestant church in Baku – which claims 1,500 members – has been unable to meet for worship since its tent was destroyed in an apparent arson attack in January, its pastor Rasim Halilov told Forum 18 News Service. Its re-registration application was rejected because some of its founders had changed since 2002, a decision it failed to overturn in court. The State Committee for Work with Religious Organisations said it cannot use another church for worship. Similarly failing to overturn its re-registration denial in court was Baku's Jehovah's Witness community, though it has been able to continue to meet. Eight months after the deadline, only 450 communities have gained compulsory re-registration, including 433 mosques and only 2 Protestant churches. Re-registration for the Catholics – who were forced to apply only for their Baku parish, not for a community covering the whole of Azerbaijan – awaits the outcome of discussions between the nuncio and the Foreign Ministry.

NAGORNO-KARABAKH: One year in prison for refusing military oath

Armen Mirzoyan, a young Baptist in Nagorno-Karabakh, an internationally unrecognised entity in the south Caucasus, was sentenced to one year's imprisonment on 30 June for refusing to swear the military oath and handle weapons during his compulsory military service, court officials told Forum 18 News Service. "Why has he been sentenced for following the Bible?" his brother Gagik – who had been imprisoned on the same charges by the same judge - told Forum 18. "I asked the officials why they treat Christians like this, and they responded that they follow the laws of Karabakh and no-one can tell them what to do," their mother Anna told Forum 18. Meanwhile, police confiscated religious literature from members of Revival Fire Evangelical Church returning to Karabakh from Armenia. Raids and fines on Protestant Christians and Jehovah's Witnesses continue. "Citizens are free to select their religion and worship," Deputy Foreign Minister Vardan Barsegyan claimed to Forum 18.

AZERBAIJAN: Another mosque threatened, two others reprieved – for now?

Police have refused to explain why they have threatened to close the Sunni mosque in Mushfiqabad near the capital Baku, the latest of a series of mosques to be threatened in Azerbaijan. "Of course we'll continue to pray if the police go ahead and close us down," Imam Mubariz Gachaev told Forum 18 News Service. Police chief Intigam Mirsalaev told him that the mosque is to be closed as it does not have registration, though he gave no order in writing. But another mosque near Baku appears to have been reprieved after police ordered it to close. "People pray there – it is open. Police did not intervene," Police Chief Namik Ismailov told Forum 18 just after the order was given. Days later the community's lawyer told Forum 18 the police had overturned the closure order after questions from abroad, but rebuked the community for harming the country's image internationally. And President Ilham Aliyev suddenly overturned a series of court rulings ordering the confiscation and destruction of the half-finished Fatima Zahra mosque in Baku.

AZERBAIJAN: Nakhichevan - "No trial – they were just held"

Four readers of the works of the late Muslim theologian Said Nursi were held for three days without trial by Azerbaijan's NSM secret police in Nakhichevan, Forum 18 News Service has learned. "There was no administrative trial – they were just held there," Muslims complained. Restrictions in Nakhichevan - an exclave between Armenia, Iran, and Turkey - are even tighter than in the rest of Azerbaijan. No officials, whether in Nakhichevan or in the capital Baku, were prepared to explain why the four Muslims were held without trial. The NSM denied the incident, claiming that they "didn't arrest anyone for reading books. That would be absurd." Trouble began for the Nursi readers when one of them was arrested at Nakhichevan airport after Nursi literature was found on him. Five other local Nursi readers were then arrested at home, and eventually late at night two of them were freed. The remaining four were held in the NSM cellars for three days, a Nursi reader told Forum 18. Like Baha'is and Adventists, Nursi readers have also told Forum 18 that a number of them have left Nakhichevan, to live in other parts of Azerbaijan where pressure on them is not so intense.

AZERBAIJAN: "Unpleasantness with the law" for worshipping?

Religious communities punished for meeting for worship in Azerbaijan, or who have had religious literature confiscated, continue to formally appeal against these human rights violations, they have told Forum 18 News Service. For example, Jehovah's Witnesses and Muslim readers of the works of Said Nursi have demanded the return of confiscated literature. But despite repeated appeals over more than 15 years – most recently in early 2010 – for the Baptist church in Aliabad to be registered, its application has still not been granted. Police visited its pastor in late April, to warn him not to gather church members for worship or they would face unspecified "unpleasantness with the law". Violations of freedom of religion or belief in Azerbaijan have been occasionally successfully challenged, but the only example in 2010 known to Forum 18 is an appeal against a fine imposed on one Muslim reader of Nursi's works. Despite many such protests not being successful, for example to re-open mosques and churches, one Muslim insisted to Forum 18 that publicly challenging violations is crucial to defend religious freedom.

AZERBAIJAN: Will appeals to re-open mosques succeed?

Two mosque communities from among those closed or demolished in Azerbaijan have recently appealed for their mosques to be allowed to re-open, Forum 18 News Service has learnt. The Fatima Zahra mosque community in the capital Baku have had their Supreme Court appeal against the confiscation and demolition of their half-finished mosque rejected. But they have told Forum 18 that they will continue to try to save their mosque, even if they have to take the case to the European Court of Human Rights in Strasbourg. The mosque community's lawyer, Aslan Ismailov, told Forum 18 that the latest rejection "is not based on the facts". Elsewhere, members of a Sunni Muslim mosque forcibly closed in September 2009 in Gyanja, have written to President Ilham Aliyev and lower officials for help in getting their mosque reopened. "We asked them why the mosque is still closed and who we can apply to so that we can get it reopened," Forum 18 was told by a community member. Forum 18 is not aware of any successful appeal against the authorities' repeated forcible closures of Muslim and Christian places of worship.

NAGORNO-KARABAKH: "We are getting ready for war and we need our nation to be united"

Fines today (27 April) on four Protestants bring to nine the number of religious believers punished so far for unregistered religious worship in Nagorno-Karabakh, the internationally unrecognised entity in the south Caucasus, religious communities have told Forum 18 News Service. More fines are likely. The fines follow eight police raids on worship services of Adventists, Evangelical Christians and Jehovah's Witnesses since February. "All religious organisations must have registration before they start to meet – it's the law," Deputy Police Chief Mkhitar Grigoryan told Forum 18, without admitting that two of these communities were denied registration. Karabakh's religious affairs official Ashot Sargsyan explained to the Adventists the government's attitude to smaller religious communities: "We are getting ready for war and we need our nation to be united".

AZERBAIJAN: Official denies "unprofessional work" over re-registration denials and delays

Seven months after compulsory re-registration of all Azerbaijan's religious communities began (except in Nakhichevan) and three months after the end of the submission deadline, the State Committee for Work with Religious Organisations has admitted that fewer than half the 534 registered communities have been re-registered. Yet an official denied to Forum 18 News Service its work is "unprofessional". Mosques forcibly closed by the state – including Fatima Zahra mosque in Baku - have been told their applications are invalid. Baku's Baptists, Seventh-day Adventists, Jehovah's Witnesses, and International Fellowship have also been denied re-registration, Forum 18 has learnt. In the wake of its rejection, Baku's Baptist church was four times visited by police in March, claiming that it was acting "illegally". The International Fellowship – an English-language Protestant church – is now having visas for foreign personnel denied and one has already had to leave.

AZERBAIJAN: "Distributing religious literature without state permission"

Police in Azerbaijan have detained two Jehovah's Witnesses and fined them each the equivalent of about three weeks' average wages, Forum 18 News Service has learned. The two – who also had their personal Bibles and other literature confiscated – were fined under the Administrative Code article banning "distributing religious literature without state permission". They were detained by police in the capital Baku after talking to neighbours about their beliefs, and were put on trial the same day. The assistant to the judge who tried the case insisted to Forum 18 that the verdicts had been "in accordance with the law". Meanwhile, Baku's Baptist congregation is deeply concerned about a political opposition newspaper article making unfounded allegations against them, including that they are spies for foreign countries. The article led directly to police officers visiting the church several times to check its documents and question the pastor. The newspaper's editor, Rauf Arifoglu, vigorously defended the article to Forum 18.

AZERBAIJAN: Raids, fines, detentions, and another birth certificate denial

Two followers of the approach to Islam of Said Nursi have been fined and sentenced to 48 hours' detention in Azerbaijan, Forum 18 News Service has learned. They were also among seven Muslims fined three days earlier, after police raids on private homes during which religious books were seized. During the raids police used hostile TV and newspaper coverage against the Muslims, as has also happened against members of Protestant Christian and Jehovah's Witness communities the authorities dislike. Separately, a "temporary" nationwide ban on praying around mosques, imposed in August 2008, continues to be enforced. And the latest case of a child in Zakatala Region being denied a birth certificate because the parents have chosen a Christian name is Esteri Shabanova, born on 25 December 2009. Without a birth certificate, it is impossible for children to go to kindergarten or to school, get treatment in a hospital, or travel abroad. An official of the State Committee for Work with Religious Organisations insisted to Forum 18 that "there is no persecution of religious believers in Azerbaijan."

AZERBAIJAN: Raids "as if we are terrorists" on Muslims

Three groups of followers of the approach to Islam of Said Nursi have been raided by police in Azerbaijan since the beginning of 2010. "Officers with automatic weapons raid our meetings as if we are terrorists," a Nursi follower complained to Forum 18 News Service. "But what troubles me the most is that when our books are confiscated they say they will check them and return them – yet they never do." Also, three members of one of the mosques forcibly closed in 2009 have been fined, in apparent retaliation for a large-scale commemoration of Ashura in December. Arif Yunusov of the Baku-based Institute of Peace and Democracy told Forum 18 that this represents an official attempt to crack down on the last uncontrolled sector of the population. "First they [the authorities] moved against opposition political parties, then against non-governmental organisations and journalists. Now all that is left are religious movements." He noted that "religion provides an umbrella for protest. So they have moved against groups they say are conducting unsanctioned meetings."

AZERBAIJAN: Nakhichevan authorities crack down on Ashura commemorations

Authorities in the Azerbaijani exclave of Nakhichevan warned employees of state enterprises and students not to attend mosque during Shia Muslim commemorations of Ashura in December, local human rights activist Malahat Nasibova told Forum 18 News Service. She said she had seen plain clothes police officers turning away young men from a Nakhichevan city mosque. A massive crackdown in the Nakhichevan village of Bananyar the day after the Ashura commemorations saw dozens detained, including some in psychiatric hospital. It is not clear if this was official punishment for their Ashura commemoration or to prevent potential opposition. Parliamentary deputy Ismail Hajiev denied to Forum 18 any crackdown in Bananyar, adding: "All mosques in Nakhichevan are working normally." Nasibova also said three young men who attended the Turkish-built Sunni mosque in Nakhichevan city were detained for 15-days in November and told to go to a Shia mosque instead. Forum 18 notes that small Adventist and Baha'i minorities have already been forced out of Nakhichevan.

AZERBAIJAN: "The authorities are already preparing to destroy the mosque"

Rovshan Shiraliev, lawyer for the only mosque in the Yeni Guneshli residential district of Azerbaijan's capital Baku, told Forum 18 News Service he fears that the authorities are already preparing to demolish the Fatima Zahra mosque. This is despite the community intending to take their case to the Supreme Court. Baku Appeal Court failed to uphold the community's challenge against a lower court decision to evict the community, demolish the Fatima Zahra mosque and return the land to the local administration. "The most important thing is that the court decision should be in favour of God," community leader Tofik Razizade told Forum 18. In Baku alone the authorities have demolished one mosque and closed three others, including Fatima Zahra. Several commentators bitterly pointed out to Forum 18 that the mosque closures and demolitions came while Baku was one of the four Capitals of Islamic Culture for 2009.

AZERBAIJAN: Restrictions imposed as registration deadline approaches

Less than two weeks before Azerbaijan's 1 January 2010 deadline for religious communities to re-register to continue to legally exist, Forum 18 News Service has found that more than four fifths of religious communities have apparently been unable to get re-registration so far. They are liable to liquidation through the courts, unless they are able to re-register before 2010. Muslims have complained to Forum 18 News Service that only communities affiliated with the Caucasian Muslim Board are now eligible to apply for registration, while non-Muslim communities complain that officials of the State Committee for Work with Religious Organisations - which conducts the registration - is forcing communities to include restrictions in their statutes. The so-called "model statute" reinforces restrictions included in the 2009 Religion Law, and also imposes unclear wording that may be used against peaceful religious activity. One reinforcement of restrictions is a requirement that the State Committee will be informed when religious education is given to a community's young people and adults. It appears that in the Nakhichevan exclave no re-registration is taking place.

AZERBAIJAN: Jehovah's Witness claims police beating, interrogation and strip-search

Police in Azerbaijan's northwestern district of Zakatala have refused to explain whether, and if so why, they beat a 71-year-old Jehovah's Witness Lydia Suleimanova. She states that a beating from police left her requiring medical attention, and that police questioned her for many hours at the police station, accused her of being a prostitute and stripped her naked for a drugs search. Deputy police chief Kamandar Hasanov asked Forum 18 News Service: "Why are you getting involved in things here that have nothing to do with you?" Despite repeated calls, no duty officer at the police station was prepared to discuss Suleimanova's case. She has lodged an appeal against her maltreatment with the General Prosecutor's Office, the Interior Ministry's Inspection Department and the Human Rights Ombudsperson. Police elsewhere in Azerbaijan have also been involved in harassment of Muslim and Protestant religious believers. Also, Jehovah's Witness Mushfiq Mammedov has failed in his appeal to overturn his criminal conviction for conscientious objection to military service. He is preparing an appeal to the Supreme Court.

AZERBAIJAN: Officials deny Alternative Service commitment, as victim challenges sentence

Sentenced by Azerbaijan in 2006 for conscientious objection to compulsory military service on grounds of religious faith, Jehovah's Witness Mushfiq Mammedov has been sentenced again on exactly the same charges in October 2009 and fined. He is challenging this in Baku's Appeal Court. The judge's assistant told Forum 18 News Service that the hearing, which began on 2 December, is due to resume on 9 December. Jehovah's Witnesses pointed out to Forum 18 that Azerbaijan's Constitution and Criminal Code do not allow criminal charges to be brought against someone twice for the same crime. Meanwhile, despite Azerbaijan's commitment to the Council of Europe to have already adopted a Law on Alternative Service, a senior parliamentary official has said the draft will not be presented to Parliament until the conflict over Nagorno-Karabakh is resolved. Andres Herkel, co-rapporteur of the Council of Europe Parliamentary Assembly, told Forum 18 that "this can't be a universal excuse for Azerbaijan not to fulfil its obligations and standards on human rights and basic freedoms".

COMMENTARY: The European Court of Human Rights - Out of step on conscientious objection

The European Court of Human Rights in Strasbourg (ECtHR) has recently made a very dangerous judgement for freedom of religion or belief in the Bayatyan v. Armenia case which puts it out of step with the international standards on conscientious objection to military service and with the Council of Europe's own human rights agenda, notes Derek Brett of Conscience and Peace Tax International http://www.cpti.ws in a commentary for Forum 18 News Service http://www.forum18.org. The Court, apparently unaware of the recent parallel jurisprudence under the International Covenant on Civil and Political Rights, found no violation of the freedom of thought, conscience and religion in the imprisonment of a Jehovah's Witness for his refusal on grounds of conscientious objection to perform military service, or the subsequent increase in the sentence, which had been partly justified by his reasons for refusal. Brett argues that it is vital that the Grand Chamber of the ECtHR agrees to hear the appeal in the Bayatyan case, as it alone can overturn the precedent which this will otherwise set for future ECtHR cases.

NAGORNO-KARABAKH: "If they violate the law by meeting together for religious purposes, they will be fined"

Jehovah's Witnesses in the internationally unrecognised entity of Nagorno-Karabakh, in the south Caucasus, have lost a legal challenge to the entity's refusal to grant them legal status, Forum 18 News Service has learned. An appeal to the entity's Supreme Court may be made. Ashot Sargsyan, head of the Department for Ethnic Minority and Religious Affairs vigorously defended to Forum 18 denial of registration to Jehovah's Witnesses and a local Protestant Church. Sargsyan said that, without registration, individual believers have the right to conduct religious activity – such as to pray - alone at home. But he said neither of the two groups can meet together as a community, even in private. "If they violate the law by meeting together for religious purposes, they will be fined," Sargsyan pledged. Both groups have told Forum 18 that low-profile meetings are not currently being obstructed.

AZERBAIJAN: Police chief deports local-born Baptist – with no documentation

Local Baptist Javid Shingarov (who holds a Russian passport) was cut off from his wife, father and children in his native village near Yalama in northern Azerbaijan when he was yesterday (30 September) deported to Russia. Yalama's police chief Gazanfar Huseinov – who punished him under the Administrative Code with a fine and deportation order for holding religious worship in his home – refused to tell Forum 18 News Service why he had refused to give his verdict in writing and why the Migration Service was apparently not involved. An official of the Human Rights Ombudsperson's office told Forum 18 that failure to give a verdict in writing is a violation of the law and that the Law on Migration puts responsibility for deportation decisions on the State Migration Service, not the police. The Christian books confiscated from Shingarov and others during raids on 9 September have not been returned, while a Baptist whose home was among those raided was pressured to resign from his job as a school director.

AZERBAIJAN: Mosque closed four days before Ramadan ends

Four days before the feast marking the end of Ramadan, religious affairs official Firdovsi Kerimov and the police closed the only Sunni Muslim mosque in Azerbaijan's second city, Gyanja, claiming it was not registered. Imam Ilham Ibrahimov told Forum 18 News Service the mosque has registration under the old Religion Law and has applied for re-registration under the new Religion Law, for which the deadline is 1 January 2010. He said Kerimov "believes it's his role to control religious communities". He added that police warned that if the community prays on the street they will be arrested. Most of the mosques closed over the last year have been Sunni. Meanwhile, Deputy Police Chief Elman Mamedov denied to Forum 18 that violence was used in breaking up a Baptist children's summer camp near Kusar: "No-one was beaten, no-one was insulted, nothing was confiscated. Do you think we're bandits?" One Baptist told Forum 18: "He's completely lying."

AZERBAIJAN: "They believe talking about their faith is not a crime"

Arrested by police in Yevlakh in late August for "preaching the Nursi religious trend" – a reference to the teachings of the late Turkish Muslim theologian Said Nursi - Hasil Mamedov was imprisoned for seven days and Yusif Mamedov and Arif Yunusov for five days each on charges of hooliganism, court officials told Forum 18 News Service. "The police accused them of hooliganism, but they were not guilty of any wrongdoing," their lawyer Farhat Mamedov told Forum 18. "They believe talking about their faith is not a crime." Other Nursi followers have been fined. Jehovah's Witness Tarana Khutsishvili, whose husband was deported to punish him for his religious activity in July, again had a meeting in her home raided by a dozen police in August. Although in her last month of pregnancy, police threatened her with arrest and told others to pay large fines.

AZERBAIJAN: Jehovah's Witnesses deported, Baptist next

On 10 September Javid Shingarov, a Baptist from the small town of Yalama in northern Azerbaijan, was fined and ordered deported for hosting religious events in his home. "I fined him – he violated the procedure for foreign citizens to live in Azerbaijan by propagandizing for his faith," police chief Gazanfar Huseinov told Forum 18 News Service. "He invited friends and neighbours for religious events at his home." Shingarov told Forum 18 he was born in Azerbaijan but has a Russian passport. He said Yalama is his only home and is where his wife, two children and elderly father live. "It is 99 per cent certain that they will deport me." In July, two Jehovah's Witnesses – both Georgian citizens - were deported with no documentation for alleged "religious propaganda". One was an ethnic Georgian born and brought up in Azerbaijan, the other an ethnic Azeri, born and brought up in Georgia.

AZERBAIJAN: "The government doesn't want to give up control over religion"

Azerbaijan's President Ilham Aliyev has modified the text of legal changes targeting the freedom of religion or belief of Muslims, Forum 18 News Service has learned. The Caucasian Muslim Board alone will now appoint mosque leaders, only subsequently informing the State Committee for Work with Religious Organisations. Non-citizens and citizens who have gained their religious education abroad will still be banned from leading Muslim rituals. Parliamentary deputy Fazil Gazanfaroglu Mustafaev of the Great Formation Party stated that the revised text is "a little better". "But it doesn't resolve the problem," he told Forum 18. "The government doesn't want to give up control over religion." He also noted that the President has no legal authority to make changes to the amendments without parliamentary approval. Also, in addition to the state's continuing harassment of minorities such as the Jehovah's Witnesses, followers of the Muslim theologian Said Nursi are also being targeted. Three followers of his approach to Islam have been detained and internally deported.

AZERBAIJAN: Parliament approves latest Religion Law changes

Azerbaijan's Parliament, the Milli Mejlis, today (30 June) adopted controversial new amendments to the Religion Law, a month after the last restrictive amendments to the same Law came into force. A parliamentary official told Forum 18 News Service that they "will be sent on to the Presidential Administration for final approval within days." The amendments require all leaders of Muslim communities to be appointed by the state, and state that "religious rituals of the Islamic faith can be carried out only by citizens of Azerbaijan who have received their education in Azerbaijan." Despite these restrictions on freedom of religion or belief, parliamentary deputy Ali Huseynov, who heads the Legal Policy and State Building Committee – which arranged the amendments' passage through Parliament - stated they "do not at all restrict freedom of conscience". Forum 18 was unable to find out from Huseynov why he thinks limiting the freedom of communities to choose their own religious leaders does not limit freedom of conscience.

AZERBAIJAN: "Why shouldn't we bring order to this?"

Complaining of the latest closure of a mosque in Azerbaijan is Muslim rights activist Ilgar Ibrahimoglu Allahverdiev. He told Forum 18 News Service that local officials and police banned Muslims from praying at the Khazrat Fatima mosque in Baku, cut off the power and threatened to demolish the uncompleted building. "The time the community had to complete construction work is over," local police chief Jovdat Mamedov told Forum 18. "The city authorities ordered them to stop. It's a problem of documentation." Parliamentary deputy Rabiyyat Aslanova defended the moves against mosques, insisting to Forum 18 that only "illegal structures" had been demolished or closed. "Why shouldn't we bring order to this?" Police elsewhere in Baku warned Jehovah's Witnesses they would be closed down if they allow children to attend, while two female Jehovah's Witnesses have officially complained of police interrogations during which they were pressured to change their faith.

AZERBAIJAN: Muslim opposition to new Religion Law changes

A deputy chairman of the Caucasian Muslim Board, Haji Salman Musaev – stressing he was speaking personally – has told Forum 18 News Service of his opposition to the further two amendments to the Religion Law due for consideration in the Milli Mejlis (parliament) on 30 June. The changes would ban foreigners and those who have studied Islam abroad from leading Muslim prayers and require state approval for all mosque leaders. "If religion here is separate from the state, they should explain why this is necessary," he told Forum 18. Opposition Milli Mejlis deputy Iqbal Agazade – who opposes the changes – told Forum 18 he fears they will be adopted. "Only about eight – maximum ten – deputies will vote against them." The Council of Europe Parliamentary Assembly called on Azerbaijan to send the restrictive May 2009 Religion Law amendments to its Venice Commission for review. But ruling party Milli Mejlis deputy Rabiyyat Aslanova told Forum 18: "Why should we check our every step with the Council of Europe? This would be wrong – a violation of our sovereignty."

AZERBAIJAN: Further repressive Religion Law changes target Muslims

Two weeks after Azerbaijan's repressive amendments to its Religion Law came into force, the Milli Mejlis (Parliament) is considering repressive amendments to six laws, Forum 18 News Service has learnt. Further changes to the Religion Law ban foreign citizens, and those who have not had Islamic education within Azerbaijan, from leading prayers in mosques and at places of pilgrimage. They also require everyone who leads mosques and places of pilgrimage to have state approval. Deputy Fazil Gazanfaroglu Mustafaev, who voted against the last repressive amendments will also be voting against the latest repressive amendments. They "seriously violate the Constitution" he told Forum 18. He pointed out that the last amendments targeted everyone's freedom of religion or belief, and the latest amendments specifically target the religious freedom of Muslims. The amendments will be considered at an extraordinary session of the Milli Mejlis, to be held tomorrow (19 June), an official told Forum 18. Muslims have also expressed outrage over the demolition of two mosques and the closure of a number of others in recent months.

AZERBAIJAN: Repressive new Religion Law and new punishments enter into force

Azerbaijan's repressive new Religion Law, and amendments to both the Criminal Code and the Administrative Code came into force on 31 May, Forum 18 News Service has learned. New "offences" - such as more severe censorship - and new punishments are introduced for religious activities and organisations the government does not like. All registered religious organisations must re-register by 1 January 2010, the third time re-registration has been demanded in less than twenty years. It is implied that unregistered organisations are illegal, and stated that "all religious organisations" can act only after gaining state registration. Parliamentary Deputy Fazil Gazanfaroglu Mustafaev told Forum 18 that "the new Religion Law will limit people's rights to freedom of conscience – that is clear." He thinks the Law should have been drafted in accordance with international human rights standards, and that this would have been more likely if expert advice from organisations like the OSCE and Council of Europe had been sought.

AZERBAIJAN: Will Presidential Administration explain why it thinks amendments needed?

The Presidential Administration produced controversial amendments limiting freedom of religion or belief, but has not explained why it thought they were needed, or why it proposed amendments violating Azerbaijan's international human rights commitments. Parliamentary deputy Rabiyyat Aslanova told Forum 18 News Service that the amendments are due to be sent to President Ilham Aliyev for signature on 18 May. "We have approved a lot of laws this week, but we may get these amendments to him on Saturday [16 May] if the final version is complete by then," she said. Human rights defenders and religious leaders condemned the secrecy and lack of public discussion which accompanied the amendments. Ilya Zenchenko of the Baptist Union told Forum 18 that he wants the President "to look at our Constitution which guarantees freedom of religion and reject the Law as it violates the Constitution."

AZERBAIJAN: Religion Law amendments contradict themselves

The latest available text of the amendments to Azerbaijan's Religion Law – approved by Parliament on 8 May - changes it to claim that "legislation on religious liberty consists of the Constitution, International agreements agreed by Azerbaijan, this Law and other relevant legislative documents," Forum 18 News Service notes. However the amendments contradict international human rights standards agreed by Azerbaijan. Examples include making legal status dependent on communities fulfilling highly intrusive requirements, including unspecified doctrinal tests. Officials are also given many reasons for refusing to register or ban organisations, including such formulations as "violating social order or social rules." The amendments do not state whether legislation which breaks international human rights standards ­ such as the amendments ­ are therefore illegal. Religious communities and human rights defenders have condemned the changes. Imam Ilgar Ibrahimoglu, for example, complained that restrictions on selling religious literature and conducting religious education mean that "officials will interpret this as being a ban on activity which is not specifically approved."

AZERBAIJAN: Will revised Religion Law ban unregistered worship?

Azerbaijan is apparently rushing restrictive amendments to its Religion Law through parliament, Forum 18 News Service has learnt. "Only the parliamentary deputies have the text, and it will only be published after its adoption," a parliamentary aide told Forum 18. The amendments - which reportedly include a ban on unregistered religious activity - have not been made public, and the full parliament is due to begin consideration of them on Friday 8 May. The refusal to make the text public denies the opportunity for public discussion of the proposals, complains Eldar Zeynalov of the Human Rights Centre of Azerbaijan. "Everything prepared in top secrecy is bad for human rights," he told Forum 18. Parliamentary Deputy Rabiyyat Aslanova, who chairs one of two committees which prepared the draft, told Forum 18 that state registration will be compulsory, but claimed that: "No one will be punished for practicing without registration, as long as they don't preach against the national interest or denigrate the dignity of others." She declined to discuss what this means, and confirmed that religious communities will have to re-register. Religious communities - especially of minority faiths – have struggled to re-register after previous changes.

NAGORNO-KARABAKH: "They can continue to pray, but not meet together for worship"

A Protestant community, Revival Fire Evangelical Church, has become the first and so far only religious community to be denied legal status by the unrecognised entity of Nagorno-Karabakh, Forum 18 News Service has learnt. It is uncertain what practical impact this will have. Ashot Sargsyan, head of the state Department for Ethnic Minority and Religious Affairs, told Forum 18 that "they can continue to pray, but won't have the right to meet together for worship as before." Asked what would happen if they do meet for worship, he responded: "The police will fine them and if they persist they will face Administrative Court." This was contradicted by Yuri Hairapetyan, the Human Rights Ombudsperson, who claimed that "they will be able to function but simply won't have legal status." Sargsyan claimed that "the church worked against the Constitution and against our laws," but when asked what court decisions had determined this replied that "no court has reviewed this issue."

AZERBAIJAN: What is the "Plan to Prevent the Spread of Religious Extremism"?

Azerbaijan's Interior Ministry has issued – but apparently not published - a "Plan to Prevent the Spread of Religious Extremism by Radical Sects", Forum 18 News Service has learnt. Senior Ministry officials have refused to say what is in the Plan, however police in Gyanja have claimed that a raid on a Jehovah's Witness meeting marking their most important festival is part of the Plan. Police insisted that the meeting was "illegal" as the community does not have state registration in the city. Asked why this makes their meeting "illegal", officers – who did not give their names – only repeated the "illegal" claim. It is unclear whether a raid on a Baptist meeting, publishing full names, addresses and birthdates of victims of such raids, and refusal to allow a mosque in the capital Baku to reopen are also linked to the Plan. Human rights defenders and religious communities are especially concerned about officials publicising the personal details of their victims, one defender stating it could be regarded as "a kind of hate speech". No official has been able to explain to Forum 18 how these official actions "prevent the spread of religious extremism".

AZERBAIJAN: "We have long been after you and now we've caught you!"

Police, the NSM secret police and the State Committee for Work with Religious Organisations in Azerbaijan have all refused to explain why they raided a peaceful religious meeting. "We never engage in such acts," the NSM secret police told Forum 18 News Service. Officials raided the home of a 78-year old Baptist, church members told Forum 18. Hostile local press and TV coverage – using police material - identified the eight male officials as being from the police, NSM secret police and the State Committee. Also with the eight were two cameramen. One of the police stated: "We have long been after you and now we've caught you!" 12 children were present, listening to Bible stories with their parents' specific permission. Police questioned the children, who cried under the stress of this, but police refused to allow parents to be present or to take their children home. Three Baptists were detained and fined for "illegally spreading Christianity and other faiths". Raids also continue on Jehovah's Witnesses, and the NSM secret police also denied to Forum 18 any involvement in the continued closure of Baku's Abu Bekr mosque. Constitutional changes last month, the State Committee states, will make it easier to crack down on "harmful" religious groups.