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A/HRC/WGAD/2017/62

Opinion no. 62/2017 concerning Teymur Akhmedov (Kazakhstan)

UNO-Arbeitsgruppe über willkürliche Inhaftierung (WGAD) · 2017-08-25 · en UN

Opinion; Subjects: KAZAKHSTAN, ARBITRARY DETENTION; [WGAD: UNO-Arbeitsgruppe über willkürliche Inhaftierung, willkürliche Haft; Groupe de travail sur la détention arbitraire; Gruppo di lavoro sulla detenzione arbitraria]

Volltext (verifizierbarer Originaltext)

GE.17-17211(E)



Human Rights Council

Working Group on Arbitrary Detention

Opinions adopted by the Working Group on Arbitrary

Detention at its seventy-ninth session, 21-25 August 2017

Opinion No. 62/2017 concerning Teymur Akhmedov (Kazakhstan)

1.

The Working Group on Arbitrary Detention was established in resolution 1991/42 of

the Commission on Human Rights, which extended and clarified the Working Group’s

mandate in its resolution 1997/50. Pursuant to General Assembly resolution 60/251 and

Human Rights Council decision 1/102, the Council assumed that mandate and most

recently extended it for a three-year period in its resolution 33/30 of 30 September 2016.

2.

In accordance with its methods of work (A/HRC/33/66), on 21 March 2017 the

Working Group transmitted to the Government of Kazakhstan a communication concerning

Teymur Akhmedov. The Government replied to the communication on 30 May 2017. The

State is a party to the International Covenant on Civil and Political Rights.

3.

The Working Group regards deprivation of liberty as arbitrary in the following

cases:

(a)

When it is clearly impossible to invoke any legal basis justifying the

deprivation of liberty (as when a person is kept in detention after the completion of his or

her sentence or despite an amnesty law applicable to him or her) (category I);

(b)

When the deprivation of liberty results from the exercise of the rights or

freedoms guaranteed by articles 7, 13, 14, 18, 19, 20 and 21 of the Universal Declaration of

Human Rights and, insofar as States parties are concerned, by articles 12, 18, 19, 21, 22,

25, 26 and 27 of the Covenant (category II);

(c)

When the total or partial non-observance of the international norms relating

to the right to a fair trial, established in the Universal Declaration of Human Rights and in

the relevant international instruments accepted by the States concerned, is of such gravity

as to give the deprivation of liberty an arbitrary character (category III);

(d)

When asylum seekers, immigrants or refugees are subjected to prolonged

administrative custody without the possibility of administrative or judicial review or

remedy (category IV);

(e)

When the deprivation of liberty constitutes a violation of international law on

the grounds of discrimination based on birth, national, ethnic or social origin, language,

religion, economic condition, political or other opinion, gender, sexual orientation,

disability, or any other status, that aims towards or can result in ignoring the equality of

human beings (category V).

United Nations

A/HRC/WGAD/2017/62

General Assembly

Distr.: General

2 October 2017

Original: English

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Submissions

Communication from the source

4.

Teymur Akhmedov, born in 1956, is a citizen of Kazakhstan. He usually resides in

Astana, where he works as a taxi driver.

5.

The source reports that in early May 2016, Mr. Akhmedov and a colleague were

invited to a rented apartment of seven adult male “students” who claimed to be interested in

the beliefs of Jehovah’s Witnesses. They met for discussions on various dates in May and

June 2016. Unbeknown to Mr. Akhmedov and his colleague, the “students” covertly

recorded the peaceful discussions using a high-quality video camera. They also met on

various dates at the residences of Mr. Akhmedov and his colleague in July, October and

November 2016 and the “students” also covertly videorecorded the discussions.

6.

In total, there were reportedly about 16 religious discussions, all of which were

covertly videorecorded. During such discussions, the “students” asked Mr. Akhmedov and

his colleague numerous questions relating to their personal views on various religious

subjects and denominations, including Islam and the Russian Orthodox Church.

Arrest and detention

7.

According to the source, Mr. Akhmedov was arrested on 18 January 2017 at his

home address by a senior investigator of the Astana department of the National Security

Committee. The source reports that Mr. Akhmedov’s house was searched by the senior

investigator, on the basis of a search warrant, with a group of other specialists, officers and

eyewitnesses. During the search, they reportedly seized personal religious literature. Mr.

Akhmedov was then brought to the administrative building of the Astana department of the

National Security Committee. The source also reports that on that same day, the National

Security Committee raided the registered premises of the local Jehovah’s Witnesses

organization, seizing property, religious literature and computer equipment.

8.

The source reports that on 20 January 2017, a judge of Saryarka District Court No.

2, in Astana, granted the motion of the National Security Committee investigator to place

Mr. Akhmedov in pretrial detention for two months, pending trial. The motion was

supported by the First Deputy Prosecutor of Astana. The source alleges that the judge

summarily ruled that Mr. Akhmedov must be placed in pretrial detention. In doing so, the

judge reportedly failed to assess the evidence establishing that Mr. Akhmedov was not a

flight risk and had cooperated throughout the police investigation.

9.

The source also reports that the same judge only made remarks “in an abstract and

stereotyped way” about the permitted grounds for detention, without indicating any reasons

why it was considered that the allegations that the applicant might abscond or obstruct the

proceedings were well founded. Nor did the judge attempt to refute the arguments made by

the applicant. In this context, the source submits that a general reference to the serious

nature of the offence with which the applicant had been charged cannot be considered as

sufficient justification of the risks alleged.

10.

According to the source, Mr. Akhmedov suffers from cancer and requires treatment.

The judge, however, refused to consider this as grounds not to place Mr. Akhmedov in

pretrial detention, even though his local counsel had presented evidence of his need for

surgical treatment.

11.

According to the source, Mr. Akhmedov has been charged with violating article 174

(2) of the Criminal Code of Kazakhstan, for instigation of religious hatred. This provision

purports to make it an offence to “insult … the religious feelings of citizens”, and forbids

any “propaganda of exclusivity, superiority or inferiority of citizens” on the grounds of

their religion. If convicted, Mr. Akhmedov may face a sentence of 5 to 10 years’

imprisonment. Mr. Akhmedov is currently being held at the No. 12 detention facility in

Astana.

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Appeal against pretrial detention

12.

The source reports that on 30 January 2017, Astana City Court, sitting as an appeal

court, heard the appeal that was filed on behalf of Mr. Akhmedov against the 20 January

2017 pretrial detention decision of the court of first instance.

13.

Mr. Akhmedov’s lawyers reportedly argued at length that the first instance court had

failed to cite any evidence in support of the contention that Mr. Akhmedov was a flight risk

justifying pretrial detention under article 147 (1) of the Criminal Procedure Code of

Kazakhstan. They also emphasized that Mr. Akhmedov had wrongly been placed in

detention for the peaceful exercise of his religious beliefs and that no evidence whatsoever

has been presented by the investigator or prosecutor in support of the need for pretrial

detention.

14.

However, according to the source, Astana City Court entirely ignored the evidence

and arguments provided and summarily rejected the appeal. In doing so, the appeal court

merely repeated the general wording of article 147 of the Criminal Procedure Code but did

not cite any evidence in support of that conclusion.

15.

In addition, the source reports that both the first instance court and Astana City

Court disregarded a medical report of 5 January 2017 confirming that Mr. Akhmedov

suffered from a tumour that required hospitalization and surgery. In that respect, the source

refers to article 22 (2) of the Standard Minimum Rules for the Treatment of Prisoners,

whereby “sick prisoners who require specialist treatment shall be transferred to specialized

institutions or to civil hospitals”.

Mr. Akhmedov’s peaceful exercise of his religious beliefs

16.

The source submits that Mr. Akhmedov was targeted because he is a Jehovah’s

Witness. This was evidently done by the National Security Committee as part of an effort to

silence the peaceful religious activity of Jehovah’s Witnesses in the capital city, Astana.

According to the source, this is confirmed by the fact that on the same day as Mr.

Akhmedov’s arrest, the National Security Committee raided the registered premises of the

local Jehovah’s Witnesses organization, seizing property, religious literature and computer

equipment (see paragraph 7 above).

17.

The source notes that as part of his religious practice as a Jehovah’s Witness, Mr.

Akhmedov peacefully shares his religious beliefs with others. His religious practice is the

same as that of the more than 17,700 Jehovah’s Witnesses in Kazakhstan and the millions

of their fellow believers worldwide.

18.

The source also notes that this peaceful practice is protected by the fundamental

human rights to freedom of religion and expression guaranteed by articles 18 and 19 of the

Covenant. In that respect, the source refers to the Views adopted by the Human Rights

Committee in Leven v. Kazakhstan (communication No. 2131/2012, paras. 9.2 and 9.4,

Views adopted on 21 October 2014). The source also refers to the Working Group’s

opinion No. 42/2015 (para. 40), to Human Rights Committee general comment No. 34

(2011) on the freedoms of opinion and expression (para. 48) and to jurisprudence of the

European Court of Human Rights.

19.

Mr. Akhmedov was reportedly detained by the National Security Committee on

charges that during the covertly videorecorded discussions with the “students” he had made

statements that were allegedly “negative … about representatives of the religion of Islam

and Orthodoxy” and had advocated “the superiority of one religion over another”.

According to the source, Mr. Akhmedov’s answers in response to the questions posed by

the “students” were in reality entirely peaceful. His answers were based on his sincere

religious beliefs and understanding of the Holy Bible. Likewise, the source underlines that

there is nothing unique (or criminal) in his view that his religious beliefs are correct. That

view is held universally by all religions.

20.

The source submits that Mr. Akhmedov was targeted by the National Security

Committee and is the victim of fabricated criminal charges. The facts of his case — adult

“students” inviting members of a religious minority for discussions that are covertly

videorecorded — are the same as in other criminal cases in Astana brought by the National

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Security Committee against members of other religious minorities. The source thus submits

that Mr. Akhmedov is not guilty of any criminal act. He is the victim of a scheme by the

National Security Committee to try to criminalize the peaceful religious activity of

Jehovah’s Witnesses in Kazakhstan.

Categories of the Working Group

21.

The source submits that the detention of Mr. Akhmedov is arbitrary under categories

II, III and V of the categories applicable to the cases under consideration by the Working

Group.

Category II

22.

The source asserts that Mr. Akhmedov was detained solely because he was

discussing his religious beliefs, at the invitation of seven adult men who identified

themselves as university “students”. In doing so, Mr. Akhmedov was exercising his rights

to freedom of religion and freedom of expression guaranteed by articles 18 and 19 of the

Universal Declaration of Human Rights, and by articles 18 and 19 of the Covenant, to

which Kazakhstan has been a State party since 24 January 2006. The source thus considers

that the detention of Mr. Akhmedov is arbitrary, falling under category II.

Category III

23.

According to the source, no reasons were given by the trial or appeal courts to

justify the order placing Mr. Akhmedov in pretrial detention. Instead, the courts merely

repeated the general wording of article 147 (1) of the Criminal Procedure Code, without

pointing to any evidence to justify such detention. The source thus considers that the

detention of Mr. Akhmedov is arbitrary, falling under category III.

Category V

24.

The source submits that the State authorities targeted Mr. Akhmedov for prosecution

solely because he is a Jehovah’s Witness and belongs to a minority religious group. In this

respect, the source notes that the Human Rights Committee, in its concluding observations

on the second periodic report of Kazakhstan, has called on Kazakhstan to refrain from using

the broadly formulated article 174 of the Criminal Code to punish the peaceful expression

of religious beliefs (see CCPR/C/KAZ/CO/2, paras. 47 and 48). Similar concerns were

reportedly expressed by special rapporteurs who have conducted recent missions to

Kazakhstan (see, inter alia, A/HRC/28/66/Add.1, paras. 44, 46, 47 and 69 (j); and

A/HRC/29/25/Add.2, paras. 25, 30 and 96 (a)).

25.

The source also alleges that State authorities have previously used language that is

far more “insulting” to Jehovah’s Witnesses, and have done so in the mass media and in

speeches to State officials, schoolteachers and even young children. Nevertheless, in all of

those cases, law enforcement officials and the State body on religious affairs in Kazakhstan

reportedly concluded that such speech was not unlawful. In addition, the State body on

religious affairs has approved for import religious literature that contains language which

believers of many religions may find “offensive” or “insulting” and which advocates so-

called “religious superiority”. In that respect, the source refers to a motion filed with the

criminal investigator on 20 February 2017 on behalf of Mr. Akhmedov to terminate his

case, which documents these facts. To date, the criminal investigator has reportedly not

ruled on the motion or terminated the criminal case.

26.

The source submits that the fact that State authorities have targeted Mr. Akhmedov

for prosecution confirms that the motive for his detention is religious discrimination against

Jehovah’s Witnesses, as a religious minority, contrary to article 7 of the Universal

Declaration of Human Rights and articles 26 and 27 of the Covenant. Accordingly, the

source considers that the detention of Mr. Akhmedov is arbitrary, falling under category V.

Response from the Government

27.

On 21 March 2017, the Working Group transmitted the allegations from the source

to the Government under its regular communications procedure. The Working Group

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requested the Government to provide, by 21 May 2017, detailed information about the

current situation of Mr. Akhmedov and any comments on the source’s allegations.

28.

The Working Group notes that it received a response from the Government on 30

May 2017, that is, after the deadline given by the Working Group. As such, the Working

Group considers that the Government’s response in the present case is late and the Working

Group is unable to accept the response as if it had been presented in a timely manner.

Nonetheless, as indicated in paragraphs 15 and 16 of the Working Group’s methods of

work and in conformity with its usual practice, the Working Group may render an opinion

on the basis of the information submitted by the source and all the information obtained in

relation to a given case. In the light of this, the Working Group transmitted the late

response of the Government to the source for any further comments. The source transmitted

its further comments on 28 July 2017.

Discussion

29.

In the absence of a timely response from the Government, the Working Group has

decided to render its opinion on the basis of the information submitted by the source, in

conformity with paragraph 15 of its methods of work.

30.

The Working Group has in its jurisprudence established the ways in which it deals

with evidentiary issues. If the source has established a prima facie case for breach of

international requirements constituting arbitrary detention, the burden of proof should be

understood to rest upon the Government if it wishes to refute the allegations (see

A/HRC/19/57, para. 68). In the present case, the Government submitted its response late

and the Working Group cannot proceed as if such response had been submitted in a timely

manner.

31.

The source has alleged that the detention of Mr. Akhmedov falls under categories II,

III and V of the Working Group. The Working Group will consider these in turn.

32.

The source has submitted that Mr. Akhmedov was arrested for the peaceful exercise

of his rights under articles 18 and 19 of the Covenant. The Working Group notes that the

Government has submitted in its late reply that Mr. Akhmedov was arrested and

subsequently successfully prosecuted under article 174 (2) of the Criminal Code of

Kazakhstan. The Working Group also notes that this legal provision criminalizes

purposeful actions aimed at inciting social, national, racial, class, religious or other hatred.

33.

In this respect, the Working Group recalls that the Human Rights Committee, in its

2016 concluding observations on Kazakhstan, stated that:

The Committee is concerned about the broad formulation of the concepts of

“extremism”, “inciting social or class hatred” and “religious hatred or enmity” under

the State party’s criminal legislation and the use of such legislation on extremism to

unduly restrict freedoms of religion, expression, assembly and association.1

34.

The Working Group is also mindful that, in the same concluding observations, the

Human Rights Committee stated that:

The Committee is also concerned about undue restrictions on the exercise of

freedom of religious belief, including in the 2011 law on religious activity and

religious associations (see CCPR/C/KAZ/CO/1, para. 24), such as the mandatory

registration of religious organizations, the ban on unregistered religious activities,

and restrictions on the importation and distribution of religious materials. The

Committee is further concerned about the use of broadly formulated definitions of

crimes and administrative offences in the Criminal Code, including in articles 174

and 404, the Administrative Code, and legislation on combating extremism, to

punish individuals exercising their freedom of religion and belief with severe

sanctions (arts. 18, 19 and 26).2

1 See CCPR/C/KAZ/CO/2, para. 13.

2 Ibid., para. 47.

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35.

The Working Group further notes the views of the Special Rapporteur on freedom of

religion or belief, following his visit to Kazakhstan in 2014:

Many of these provisions remain merely vaguely circumscribed rather than being

clearly defined. Perhaps the most obvious example is article 164 of the current

Criminal Code (article 174 of the new Criminal Code). This article combines the

offence “incitement to religious enmity” with a number of other phenomena such as

“insult to religious feelings”. Given the broad formulation, even exclusivity or

superiority claims made on behalf of certain religions might arguably fall within the

remit of this article. As a result of broadly circumscribed offences, however, any sort

of unwelcome religious claims deemed offensive to parts of the society or to

government agencies could be penalized by sanctions, including imprisonment. This

leads to legal insecurity with concomitant adverse repercussions on freedom of

expression and freedom of religion or belief.3

36.

The Working Group concurs with the views expressed by the Human Rights

Committee and the Special Rapporteur on freedom of religion or belief, in relation to the

formulation of article 174 of the Criminal Code. The definitions of “inciting social or class

hatred” and “religious hatred or enmity” are extremely broad and lack the requisite degree

of legal certainty. As such, this provision presents a serious threat to the full enjoyment of

the right to freedom of religion in Kazakhstan as enshrined in article 18 of the Covenant.

The present case of Mr. Akhmedov is a testament to the reality of this threat. The actions of

Mr. Akhmedov that led to his successful prosecution under article 174 of the Criminal Code

were entirely peaceful. Even in its late response, the Government of Kazakhstan has not

provided an example of a single violent action or incitement of others to violence by Mr.

Akhmedov. On the contrary, as the Government has itself argued in its late reply, the

prosecution of Mr. Akhmedov rests on witnesses testifying that he only described other

religions as “lies” and argued that Jehovah’s Witnesses were the only true religion, without

any incitement to violence or religious hatred.

37.

The Working Group recalls that the freedom of religion is an absolute right, upon

which no restrictions can be permitted and from which no derogations are possible. 4

However the freedom to manifest religion is not an absolute right, and article 18 (3) of the

Covenant permits restrictions to the right to manifest religion if these are prescribed by law

and are necessary to protect public safety, order, health or morals, or the fundamental rights

and freedoms of others. As the Human Rights Committee argues in its general comment

No. 22 (1993) on the right to freedom of thought, conscience and religion:

Limitations may be applied only for those purposes for which they were prescribed

and must be directly related and proportionate to the specific need on which they are

predicated.5

38.

Moreover, article 20 of the Covenant obliges States to prohibit by law any advocacy

of national, racial or religious hatred that constitutes incitement to discrimination, hostility

or violence.

39.

In the present case, however, the Government has not produced any concrete

example, in its late response, of the way in which the actions of Mr. Akhmedov needed to

be restricted. The Working Group notes that the Government described the crime for which

Mr. Akhmedov was sentenced as a “grave offence against peace and safety of humanity”.

Yet, the Government has not explained how mere meetings with others and peaceful

religious discussions amounted to such a crime. It is clear to the Working Group that Mr.

Akhmedov did nothing more than exercise his right to freedom of religion under article 18

of the Covenant. According to that article, he was allowed to do so, but for this, he was

arrested and prosecuted by the authorities. The Working Group therefore concludes that the

arrest of Mr. Akhmedov falls under category II.

3 See A/HRC/28/66/Add.1, para. 46.

4 See the Committee’s general comment No. 22 (1993) on the right to freedom of thought, conscience

and religion, para. 3.

5 Ibid., para. 8.

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40.

The source has submitted that the detention of Mr. Akhmedov also falls under

category III, as the justifications provided by the judge for remanding Mr. Akhmedov in

custody during the pretrial stage were not specific to Mr. Akhmedov but rather repeated the

general wording of article 147 of the Criminal Procedure Code.

41.

The Working Group considers that it is entitled to assess the proceedings of the

court and the law itself in order to determine whether they meet international standards.6 In

the present case, the Working Group recalls that pretrial detention must be an exceptional

measure and as such should be justified in each individual case and assessed by a

competent, independent judge in order to meet the standard of article 9 (3) of the Covenant.

Moreover, the right to a fair trial, as encapsulated in article 14 of the Covenant, entitles

anyone who has been accused of a crime and stands trial to a reasoned judgment that

provides specific reasons for the decision of the court so as to render effective the right to

appeal.7

42.

At the outset, the Working Group wishes to highlight the overall facts of the case,

whereby Mr. Akhmedov was effectively entrapped by the authorities, as numerous

situations were specifically arranged by them to provoke Mr. Akhmedov into what was

deemed to be the commission of a crime. The Working Group notes that all the alleged

criminal acts were in fact set up by the authorities and that if it had not been for these

deliberate actions of State agents, Mr. Akhmedov would not have been arrested and

prosecuted and the issue of the application of pretrial detention would not have arisen. The

Working Group also observes the silence by the Government in its late reply in relation to

this point.

43.

The source has submitted that there was a judicial hearing on the application of

pretrial detention in relation to Mr. Akhmedov but argues that the judge did not provide

specific reasons for keeping him in pretrial detention. The source has also submitted that

the decision of the court was appealed but that the appeal was unsuccessful and argues

again that the appellate court failed to provide specific enough reasons for the imposition of

pretrial detention. According to the source, the reasoning of both the first instance court and

the appellate court did not go beyond the repetition of the general wording of article 147 of

the Criminal Procedure Code.

44.

Moreover, the Working Group notes that according to the source, Mr. Akhmedov

suffers from cancer and requires surgical treatment, and that this fact was reportedly

submitted by his lawyers to the court during the pretrial detention hearing, among the

reasons for not applying pretrial detention. In its late reply, the Government has asserted

that this submission was not made to the court, but has failed to submit any documentary

evidence to support that assertion; neither has the Government provided an explanation in

relation to the reasoning of the first instance and appellate courts on the application of

pretrial detention.

45.

The Working Group has, in its jurisprudence, established that if the source has

established a prima facie case for breach of international requirements constituting arbitrary

detention, the burden of proof should be understood to rest upon the Government if it

wishes to refute the allegations. Mere assertions by the Government that lawful procedures

have been followed are not sufficient to rebut the source’s allegations (A/HRC/19/57, para.

68). The Working Group therefore concludes that the first instance and appellate courts

failed to give a reasoned, individualized judgment on the application of pretrial detention to

Mr. Akhmedov, in violation of article 14 of the Covenant. Moreover, the Working Group is

also of the view that this breach is aggravated by the fact that Mr. Akhmedov suffers from

cancer and requires surgical treatment — a significant factor which should have been taken

into account by the courts — and that alternatives to a custodial measure should have been

at least considered.

6 See opinions No. 33/2015, No. 15/2017 and No. 16/2017.

7 See Human Rights Committee, general comment No. 32 (2007) on the right to equality before courts

and tribunals and to a fair trial, para. 49.

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46.

The Working Group has already established that the detention of Mr. Akhmedov

was arbitrary under category II, and with this in mind wishes to emphasize that no trial

should have taken place in relation to Mr. Akhmedov. However it did take place, and in the

view of the Working Group, there were grave violations of Mr. Akhmedov’s right to a fair

trial. The application of pretrial detention in his case was not an individualized measure,

given that no reasoning was provided by the courts and that they did not consider

alternatives to a custodial measure in the light of the serious health condition of Mr.

Akhmedov. The Working Group therefore concludes that the deprivation of liberty of Mr.

Akhmedov also falls under category III.

47.

Finally, the source has submitted that the State authorities targeted Mr. Akhmedov

for prosecution solely because he is a Jehovah’s Witness and belongs to a minority

religious group. Accordingly, the source considers that the detention of Mr. Akhmedov is

arbitrary, falling under category V.

48.

The Working Group recalls that, in his 2014 report following his mission to

Kazakhstan, the Special Rapporteur on freedom of religion or belief noted the particular

difficulties faced by Jehovah’s Witnesses in Kazakhstan, who, as part of their faith, feel

obliged to share their beliefs with others. 8 This has led to numerous situations in

Kazakhstan where Jehovah’s Witnesses have been charged with illegal missionary activity

after participation in peaceful religious meetings and subjected to severe fines and seizure

of documentation for unregistered “missionary activity”, as reported by the Special

Rapporteur on the rights to freedom of peaceful assembly and of association following his

country visit to Kazakhstan in 2015.9

49.

In the view of the Working Group, the present case of Mr. Akhmedov follows the

same pattern. The Working Group has already established that the actions of Mr.

Akhmedov were entirely peaceful and within the limits of his freedom of religion. He was

arrested solely for the exercise of his rights under article 18 of the Covenant. Moreover, the

Working Group notes that not only was the domicile of Mr. Akhmedov searched, but so

were the premises of the Jehovah’s Witnesses and various religious items were seized. In

the light of this and the wider reports of actions by the authorities against the Jehovah’s

Witnesses, as evidenced by the 2014 and 2015 reports of the Special Rapporteurs cited

above, the Working Group concludes that the present case also falls under category V, as

discrimination on the grounds of religion prohibited under article 26 of the Covenant.

50.

The Working Group refers the present case to the Special Rapporteur on freedom of

religion or belief.

Disposition

51.

In the light of the foregoing, the Working Group renders the following opinion:

The deprivation of liberty of Teymur Akhmedov, being in contravention of articles

2, 3, 7, 9 and 18 of the Universal Declaration of Human Rights and of articles 2, 9,

18 and 26 of the International Covenant on Civil and Political Rights, is arbitrary

and falls within categories II, III and V.

52.

Consequent upon the opinion rendered, the Working Group requests the

Government of Kazakhstan to take the steps necessary to remedy the situation of Mr.

Akhmedov without delay and bring it into conformity with the standards and principles set

forth in the international norms on detention, including the Universal Declaration of Human

Rights and the International Covenant on Civil and Political Rights.

53.

The Working Group considers that, taking into account all the circumstances of the

case, the appropriate remedy would be to release Mr. Akhmedov immediately and accord

him an enforceable right to compensation and other reparations, in accordance with

international law.

8 See A/HRC/28/66/Add.1, para. 35.

9 See A/HRC/29/25/Add.2, para. 50.

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54.

In accordance with paragraph 33 (a) of its methods of work, the Working Group

refers the present case to the Special Rapporteur on freedom of religion or belief.

Follow-up procedure

55.

In accordance with paragraph 20 of its methods of work, the Working Group

requests the source and the Government to provide it with information on action taken in

follow-up to the recommendations made in the present opinion, including:

(a)

Whether Mr. Akhmedov has been released and, if so, on what date;

(b)

Whether compensation or other reparations have been made to Mr.

Akhmedov;

(c)

Whether an investigation has been conducted into the violation of Mr.

Akhmedov’s rights and, if so, the outcome of the investigation;

(d)

Whether any legislative amendments or changes in practice have been made

to harmonize the laws and practices of Kazakhstan with its international obligations in line

with the present opinion;

(e)

Whether any other action has been taken to implement the present opinion.

56.

The Government is invited to inform the Working Group of any difficulties it may

have encountered in implementing the recommendations made in the present opinion and

whether further technical assistance is required, for example through a visit by the Working

Group.

57.

The Working Group requests the source and the Government to provide the above

information within six months of the date of the transmission of the present opinion.

However, the Working Group reserves the right to take its own action in follow-up to the

opinion if new concerns in relation to the case are brought to its attention. Such action

would enable the Working Group to inform the Human Rights Council of progress made in

implementing its recommendations, as well as any failure to take action.

58.

The Working Group recalls that the Human Rights Council has encouraged all

States to cooperate with the Working Group and requested them to take account of its views

and, where necessary, to take appropriate steps to remedy the situation of persons arbitrarily

deprived of their liberty, and to inform the Working Group of the steps they have taken.10

[Adopted on 25 August 2017]

10 See Human Rights Council resolution 33/30, paras. 3 and 7.