Source: www.forum18.org
Date: April 26, 2024
https://www.forum18.org/archiv
By Mushfig Bayram, Forum 18
Regime officials have continued to repeatedly use a variety of tactics to
block state registration applications from Muslim and non-Muslim religious
communities. Religious communities without state registration are –
against international human rights law – banned from exercising freedom
of religion or belief.
The Jehovah's Witness community in the capital Tashkent has long tried to
gain state registration – so far in vain.
The latest twist came after Tashkent City Administration refused an
application for a building to be designated as the Tashkent community's
legal address. Such an address is necessary for a state registration
application. The regime claimed that urban planning construction
regulations prevented the building from being the community's legal
address, and that "a number of [unspecified] neighbours of the Jehovah's
Witnesses in their mahalla [local district] had in the [unspecified] past
made [unspecified] complaints against the community" (see below).
City Administration officials have refused to answer Forum 18's questions
about the case (see below).
On 6 February, Judge Olimjan Shamsiyev of Tashkent Inter-District
Administrative Court rejected the Jehovah's Witnesses complaint against the
decision. He claimed that as local authorities have "discretionary powers"
to refuse a request to use a building as their legal address, "the
contested decision cannot be considered illegal". Shamsiyev also defended
the use of alleged "complaints" by unspecified "neighbours" as a reason for
Tashkent Administration to reject the Jehovah's Witness application (see
below).
Judge Shamisyev refused on 23 April to discuss his claims with Forum 18 as
"I cannot privately explain to you the nuances of the Law as you are a
third party". He repeated this claim when asked what religious communities
could do when faced with arbitrary regime decisions (see below).
On 1 April, Judge Begzod Muminov of the Appeal Board of Tashkent
Administrative Court rejected the community's appeal against Tashkent
Administration's and Judge Shamsiyev's decision. Neither the Judge, nor the
official responsible for complaints about administrative cases at the
Supreme Court, nor the regime's Religious Affairs Committee, would answer
Forum 18's questions about the case (see below).
The regime has blocked attempts to re-open the Nazira Bibi-Khanym Mosque in
Tashkent, and the community is not now seeking registration. "They now
think it is futile to seek registration, as their registration applications
have been blocked in the past," a human rights defender who knows the
community commented. Mosque community members, who also wished to remain
anonymous for fear of state reprisals, now attend other mosques (see
below).
Jakhongir Azomkhanov, Tashkent Regional Administration's official
overseeing freedom of religion or belief issues, defended the regime's
blocking of the Abu Zar Mosque community's registration attempts. "There
are very large mosques in the areas where Muslims can pray, and they can
attend those," he claimed to Forum 18. "Those Mosques also have convenient
parking places for private cars. Why don't they just attend those Mosques?"
(see below).
Protestants in various regions across the country, who wish to remain
anonymous for fear of state reprisals, told Forum 18 in April 2024 that
many churches have between 2022 and 2024 been refused registration.
Refusals have either come from local administrations, or from the regime's
Religious Affairs Committee in Tashkent (see below).
The regime uses many excuses to block registration applications. One excuse
used to block a registration application from a Protestant church in
Samarkand Region was that church leaders do not have an educational
qualification recognised by the Religious Affairs Committee (see below).
In late March and April, police "Struggle with Extremism and Terrorism
Departments" and the State Security Service (SSS) secret police summoned
members of several unregistered Protestant churches in Nukus in
Karakalpakstan and Urgench in Khorezm Region for questioning. Church
members were questioned about why they attend "illegal" churches, and
warned not to attend the churches (see below).
Protestants, who wished to remain anonymous for fear of state reprisals,
told Forum 18 that the police and SSS secret police pressure happened even
though some of the churches had applied for state registration in recent
years but had been refused. "This leaves those churches very vulnerable to
manipulation and threats from the authorities. Especially new believers are
afraid to attend meetings for worship," one Protestant told Forum 18 (see
below).
SSS secret police officers told one Protestant that they are attending an
"illegal extremist Wahhabi [Islamic] group". The SSS then tried to pressure
the Protestant to "work for the police to spy on the Church", a local
Protestant who knows the case told Forum 18. They asked not to give their
or the believer's details for fear of state reprisals. "Of course the
believer refused their offer" (see below).
Nukus and Urgench police "Struggle with Extremism and Terrorism
Departments" denied to Forum 18 that Protestants were summoned and
questioned. Ilkham Myrzayev, head of Urgench Police "Struggle with
Extremism and Terrorism Department", refused to tell Forum 18 why regime
agencies summoned and questioned the Protestants. "It is secret information
and I cannot share it with you," he claimed before refusing to talk more
(see below).
One Protestant commented to Forum 18 that unregistered churches "are
vulnerable to officials' pressure. This is done to discourage new believers
especially from attending churches, or pressure them to spy for the
authorities" (see below).
Registration does not stop problems for religious communities. Bukhara's
registered Baptist Union Church has not met in its building since May 2021,
due to regime obstructions. The Church hopes to be given a new building to
meet in in 2024, but this has not happened. From January 2024 they have
been "temporarily" allowed to use a kindergarten as a storage space but
cannot use it for meetings. No regime official has been willing to explain
to Forum 18 why the Baptists are not allowed to meet or repair their own
church building (see below).
It is illegal under Uzbekistan's binding international human rights law
obligations to deny the exercise of freedom of religion or belief to
unregistered religious communities, or to block registration attempts, as
the Organisation for Security and Co-operation in Europe (OSCE) / Council
of Europe Venice Commission Guidelines on the Legal Personality of
Religious or Belief Communities
(https://www.osce.org/files/f/
Jehovah's Witnesses: Religion Law gives authorities "unlimited powers to
refuse our registration"
On 17 July 2023, Deputy Head of Tashkent City Administration Abdulvosip
Khomitjanov refused an application by Jehovah's Witness for a building to
be designated as their Tashkent community's legal address. Such an address
is necessary for a state registration application, and without state
registration the community's exercise of their freedom of religion or
belief is illegal (https://www.forum18.org/archi
Khomitjanov claimed that urban planning construction regulations prevented
the building from being the community's legal address.
Khomitjanov also claimed his decision was made as "a number of
[unspecified] neighbours of the Jehovah's Witnesses in their mahalla
(https://www.forum18.org/archi
in the [unspecified] past made [unspecified] complaints against the
community".
Khomitjanov's assistant, who refused to give their name, on 23 April also
refused to answer Forum 18's questions and claimed that Khomitjanov "is
busy in a meeting". Subsequent calls were not answered.
Jehovah's Witnesses have made multiple attempts over many years to gain
registration for their communities in Uzbekistan outside the town of
Chirchik, the only place where they have a registered community. "Each time
the communities faced insurmountable obstacles from state authorities,"
Jehovah's Witnesses told Forum 18 in June 2023
(https://www.forum18.org/archi
This problem exists throughout Uzbekistan, with regime officials very
frequently using property-based excuses to block registration applications
(https://www.forum18.org/archi
Muslim and non-Muslim religious communities. "The Religion Law gives the
authorities unlimited powers to refuse our registration, to our regret,"
Jehovah's Witnesses told Forum 18 on 15 April 2024
(https://www.forum18.org/archi
Jehovah's Witnesses: Court backs refusal and regime's arbitrary power
On 6 February, Judge Olimjan Shamsiyev of Tashkent Inter-District
Administrative Court rejected the Jehovah's Witnesses' complaint against
Khomitjanov's decision, as well as an appeal that Tashkent Administration
be obliged to designate the building as the Tashkent Jehovah's Witness
community's legal address.
Judge Shamsiyev argues in his decision (seen by Forum 18) that Article 17
of the Religion Law (https://www.forum18.org/archi
requires an "assessment" of registration applications by the local
authority, and "does not specify what exactly the content of this decision
should be". Shamsiyev goes on to argue that as local authorities have
"discretionary powers" to refuse a request to use a building as their legal
address, "the contested decision cannot be considered illegal".
Judge Shamsiyev also defended the use of alleged "complaints" by
unspecified "neighbours" as a reason for Tashkent Administration to reject
the Jehovah's Witness application.
Shamisyev refused on 23 April to discuss his claims with Forum 18 as "I
cannot privately explain to you the nuances of the Law as you are a third
party". He repeated this claim when asked what religious communities could
do when faced with arbitrary regime decisions justified by the Religion Law
(https://www.forum18.org/archi
On 1 April, Judge Begzod Muminov of the Appeal Board of Tashkent
Administrative Court rejected the community's appeal against Tashkent
Administration's and Judge Shamsiyev's decision. Judge Muminov's Assistant
(who refused to give his name) claimed to Forum 18 on 18 April that Judge
Muminov "is busy and cannot talk with you at the moment. Please call back
later." Later calls between 18 and 23 April were not answered.
Dilnoza Jumanova, who is responsible for complaints about administrative
cases at the Supreme Court in Tashkent, would not on 23 April answer Forum
18's questions about the case.
The Religious Affairs Committee
(https://www.forum18.org/archi
refused to give his name) between 18 and 23 April refused to put Forum 18
through to Committee Chair Sodik Toshboyev or other officials. When Forum
18 asked to speak to named officials, each time the receptionist then began
to play recorded music on the call.
In 2021 the Religious Affairs Committee similarly used recorded messages to
avoid answering questions
(https://www.forum18.org/archi
multiple human rights violations.
Tashkent mosque: Seeking registration "futile"
The state-controlled Muftiate has blocked attempts to re-open the Nazira
Bibi-Khanym Mosque (https://www.forum18.org/archi
An official of Tashkent Regional Administration – who insisted on
remaining anonymous - told the community in 2022 that "it is a waste of
time to collect documents unless you first get verbal approval" from the
Regional Administration official dealing with freedom of religion and
belief-related matters.
A human rights defender who wished to remain anonymous for fear of state
reprisals, and who knows the mosque community, told Forum 18 on 24 April
2024 that the community is not now seeking registration. "They now think it
is futile to seek registration, as their registration applications have
been blocked in the past." Mosque community members, who also wished to
remain anonymous for fear of state reprisals, now attend other mosques.
Tashkent Regional Administration held a meeting in early 2023, at which
officials promised that three mosques including the Abu Zar Mosque
(https://www.forum18.org/archi
for worship, the human rights defender added. "They did not keep their
promise, and the Abu Zar Mosque is still closed for worship." Mosque
community members now attend another mosque some way from where they live.
There are unconfirmed rumours that one of the mosques was reopened after
officials were bribed, but there is no known proof of this. Corruption is
endemic in the country
(https://www.forum18.org/archi
are known to seek bribes from potential haj pilgrims.
The reopening of the Abu Zar Mosque was in early 2022 blocked by the Chief
Imam of Tashkent Region's refusal to endorse a state registration
application (https://www.forum18.org/archi
mosque community members went to meet him, they were called in by the State
Security Service (SSS) secret police who "warned community members not to
disturb the Imam or the authorities, and that they should stop seeking
state registration," a human rights defender stated
(https://www.forum18.org/archi
to raise the issue with the authorities, and they still cannot meet as a
community for prayers," a human rights defender noted. "They are not
happy."
Jakhongir Azomkhanov, Tashkent Regional Administration's official
overseeing freedom of religion or belief issues, defended the regime's
blocking of the Abu Zar Mosque community's registration attempts. "There
are very large mosques in the areas where Muslims can pray, and they can
attend those," he claimed to Forum 18 on 25 April. "Those Mosques also have
convenient parking places for private cars. Why don't they just attend
those Mosques?"
When Forum 18 pointed out that the Abu Zar Mosque was built by the mosque
community who would like to pray every day in their own mosque, and that
travel to other mosques can be difficult, Azomkhanov did not address the
points. He said he would pass them on to the head of his department,
Muhammadmuso Khusanboyev. Azomkhanov claimed that Khusanboyev "is busy and
cannot talk" to Forum 18.
Protestant churches repeatedly refused registration
Protestant churches across Uzbekistan have also repeatedly over many years
experienced similar obstruction when applying for registration
(https://www.forum18.org/archi
Protestants in various regions across the country, who wish to remain
anonymous for fear of state reprisals, told Forum 18 in April 2024 that
many churches have between 2022 and 2024 been refused registration.
Refusals have come either from local administrations, or from the regime's
Religious Affairs Committee
(https://www.forum18.org/archi
The regime uses many excuses to block registration applications. One excuse
used to block a registration application from a Protestant church in
Samarkand Region was that church leaders do not have an educational
qualification recognised by the regime's Religious Affairs Committee
(https://www.forum18.org/archi
qualification the Committee will recognise is one from the officially
registered Protestant Seminary in Tashkent."
The Seminary follows the educational requirements laid down by the
Religious Affairs Committee. So, even if there are no other problems, "the
church will have to wait five years for a church leader to get a
qualification and so for the church to be eligible to apply for
registration".
Unregistered religious communities targeted
In late March and April 2024, police "Struggle with Extremism and Terrorism
Departments" (https://www.forum18.org/archi
State Security Service (SSS) secret police
(https://www.forum18.org/archi
several unregistered Protestant churches in Nukus in Karakalpakstan and
Urgench in Khorezm Region for questioning. Church members were questioned
about why they attend "illegal" churches, and warned not to attend the
churches.
Protestants, who wished to remain anonymous for fear of state reprisals,
told Forum 18 that the police and SSS secret police pressure happened even
though some of the churches had applied for state registration in recent
years but had been refused. "This leaves those churches very vulnerable to
manipulation and threats from the authorities. Especially new believers are
afraid to attend meetings for worship," one Protestant told Forum 18.
SSS secret police officers told one Protestant that they are attending an
"illegal extremist Wahhabi [Islamic] group". (Since the 2005 violent
suppression of the Andijan uprising
(https://www.osce.org/files/f/
sometimes used the accusation of Wahhabism to refer to those they dislike
– such as Jehovah's Witnesses.)
The SSS secret police then tried to pressure the Protestant to "work for
the police to spy on the Church", a local Protestant who knows the case
told Forum 18. They asked not to give their or the believer's details for
fear of state reprisals. "Of course the believer refused their offer." The
SSS actively recruits informers and agents
(https://www.forum18.org/archi
communities.
Safarbay Alimbetov, head of Nukus Police "Struggle with Extremism and
Terrorism Department"
(https://www.forum18.org/archi
Protestants were summoned and questioned. "No such cases happened recently,
and we did not question anyone," he claimed to Forum 18 on 23 April. When
Forum 18 told him that it had happened, he repeated his claim and then
refused to talk more.
Similarly, Ilkham Myrzayev, head of Urgench Police "Struggle with Extremism
and Terrorism Department", refused to explain why regime agencies summoned
and questioned the Protestants. "It is secret information and I cannot
share it with you," he claimed to Forum 18 on 23 April, before refusing to
talk more.
Unregistered churches "are vulnerable to officials' pressure", one
Protestant commented to Forum 18. "This is done to discourage new believers
especially from attending churches, or pressure them to spy for the
authorities."
Registration doesn't stop problems
Regime obstructions have prevented Bukhara's registered Baptist Union
Church from meeting in its building
(https://www.forum18.org/archi
Church hopes to be given a new building to meet in in 2024, but this has
not happened. From January 2024 officials have "temporarily" allowed it to
use a kindergarten as a storage space but not for meetings.
"At the end of March construction work on the Church's new building
stopped," Baptists who wished to remain anonymous told Forum 18 on 24
April. Church members offered to do the work themselves, but the city
administration has not answered their request to be allowed to do this.
"I know the situation but I do not know why they stopped construction
work," the regional official of the Religious Affairs Committee
(https://www.forum18.org/archi
claimed to Forum 18 on 24 April. "I am not responsible for it. Please ask
the City Administration," Sharipov said before refusing to talk more.
Sharipov has a record of refusing to answer questions
(https://www.forum18.org/archi
Neither Erkin Majidov of Bukhara Administration (who is overseeing the
construction of the building for the Baptists), nor Feruz Khamroyev (Deputy
Head of Bukhara City Administration), answered their phones whenever Forum
18 called on 24 and 25 April. Doniyor Avliyakulov, who works for Khamroyev,
refused to explain to Forum 18 on 25 April why the Baptists are not allowed
to meet or repair their own church building
(https://www.forum18.org/archi
More reports on freedom of thought, conscience and belief in Uzbekistan
(https://www.forum18.org/archi
For background information, see Forum 18's Uzbekistan religious freedom
survey (https://www.forum18.org/archi
Forum 18's compilation of Organisation for Security and Co-operation in
Europe (OSCE) freedom of religion or belief commitments
(https://www.forum18.org/archi
Follow us on Twitter @Forum_18 (https://twitter.com/forum_18)