A/HRC/41/41/Add.1
The Special Rapporteur thanks the Government of Turkey for its replies dated 6 and 15
May 2019 and notes the explanation proffered that an “independent judiciary deemed it
necessary in a democratic society to initiate proceedings against certain persons who
supported, propagated and glorified the methods of PKK by way of signing the
declaration”. However, he must respectfully disagree that the freedom of expression of a
group of people expressing peacefully dissenting views regarding government policy,
including views regarding international human rights law, may seriously jeopardise national
security.
89.
On 28 March 2017, 15 individuals were arrested by British police for their
participation in a non-violent protest in a restricted area of Stansted Airport (GBR
13/2018). The individuals were protesting the alleged deportation of 60 people believed to
be asylum-seekers. Although the charges against them were initially brought under the
Stansted Airport Bylaws, they were upgraded to offences under the Aviation and Maritime
Security Act 1990, raising the possibility of potential life-sentences. On 10 December 2018,
they were found guilty. The Special Rapporteur raises his concerns on what prima facie
seems to be an abusive and disproportionate use of national security legislation in order to
criminalise those who took part in the peaceful assembly. He further takes note of the fact
that an appeals process against these convictions is underway and looks forward to closely
monitoring its progression.
Freedom of association
90.
During the reporting period, the Special Rapporteur sent communications regarding
the right to freedom of association to Russia (3), Ukraine and Denmark in the Europe and
Central Asia region. He thanks the Governments of Russia and Ukraine for their responses
to all of the above-mentioned communications, again noting that no request for a response
was made to the Government of Denmark.
91.
The Special Rapporteur wishes to highlight a concerning pattern of alleged
violations of the right to freedom of association suffered by certain religious organisations
in Russia. In three communications sent (RUS 15/2018, RUS 19/2018 and RUS 22/2018),
he raised his concerns with the Government of Russia with regards to the criminalisation of
members of religious communities for their affiliation with particular religious
organisations. In each case, detention and/or raids were carried out on the basis that the
members of these religious communities were carrying out “extremist” activities. In the
communication sent on 26 July 2018 (RUS 15/2018), the Special Rapporteur noted that the
denial of registration by Russian authorities of the Moscow Church of Scientology had been
the object of a 2007 decision by the European Court of Human Rights, which stated that the
Russian Federation had violated Article 11 of the European Convention on Human Rights.
In addition, following a raid on the premises of the Church of Scientology in St. Petersburg,
five members of the Church were detained. While one of these members had been released
subject to travel restrictions, at the time of writing of the communication four others were
still detained. The Special Rapporteur thanks the Government of Russia for its response
dated 4 October 2018, however concerns remain over the extent to which the term
“extremism” may be used in order to criminalise religious communities.
92.
In communications sent to the Government of Russia on 14 September 2018 and 20
December 2018 (RUS 19/2018 and RUS 22/2018), the Special Rapporteur raised similar
concerns with regards to the alleged application of “counter-extremism” legislation in the
criminalisation of Jehovah’s Witnesses in the country. Between 16 and 18 May, reports
allege that four Jehovah’s Witnesses were arrested, later being charged with either
“financing extremist activity” or “organising the activity of an extremist organisation”. On
17 May alone, in a number of operations code-named “Judgement Day”, the homes of 22
Jehovah’s Witnesses were raided and searched by Federal Security Services, while tablets,
cell phones and money were seized. The Special Rapporteur acknowledges the responses of
the Government of Russia dated 5 October 2018 and 16 January 2018, and looks forward to
continuing dialogue on the matter.
93.
The Special Rapporteur also raised his concerns with the Government of Ukraine
over a series of acts of violence, intimidation and harassment, including death threats,
against members of the Ukrainian Orthodox Church (UOC), along with the seizure of
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