A/HRC/43/46/Add.1
“religious hatred or enmity” can be used to unduly restrict freedoms of religion, expression
assembly and association (CCPR/C/KAZ/CO/2, para. 13).
(c)
Legal obligations placed on organized groups
16.
Cumulative and overlapping measures and requirements on the organization of
public associations, religious associations or political parties allow authorities to seriously
circumscribe and curtail the actions of these groups, which result in their being discredited
and marginalized, if not outright proscribed. For example, the double requirements under
the Law on Religious Activities and Religious Associations to register as a religious
organization and to comply with certain theological criteria to obtain approval for
registration imposes a disproportionate burden on certain groups. Failure to obtain
“religious expertise” by the Committee on Religious Affairs (Ministry of Information and
Public Development), which applies to all religious groups, can be particularly challenging
for non-established religious groups, and failure to obtain one can discredit a group by
creating a presumption of extremism. Similarly, provisions under the Law on Public
Associations, which requires that all associations be registered or face criminal sanctions, 15
and the Law on Political Parties, which imposes onerous obligations prior to registration,
provide the authorities with the means to deny registration on dubious grounds. She also
notes that lesbian, gay, bisexual, transgender and queer groups are continuously denied
registration. Organizations whose registration is denied face multiple risks, including
having their members charged and convicted as extremists. She recalls that international
law protects unregistered organizations (A/HRC/20/27, para. 96). She welcomes the
proposed reform of the Law on the Procedure for the Organization and Conduct of Peaceful
Assemblies, Meetings, Processions, Pickets and Demonstrations and encourages ongoing
engagement with OHCHR in that process, and the positive direction indicated by the
President as regards the inclusion of civil society.
(d)
Additional post-sentence administrative restrictions
17.
The Special Rapporteur affirms that civil society activists and opposition leaders are
often subjected to further limitations on their fundamental freedoms after the initial
sentences of deprivation or restriction of liberty have been completed on security-related
grounds. Framed as “prohibitions on engagement in public activity”, 16 which prevent
participation in peaceful protests and political meetings, and attendance at
seminars/trainings (including with international organizations), these additional restrictions
can be applied for extended periods. Grounded in the same vague and context-dependent
offences of extremism, they prolong disproportionate violations of civil society’s rights to
freedom of expression, association and participation in public affairs.
18.
The Special Rapporteur expresses concern at the regime of administrative
supervision applied to individuals who have served sentences for terrorism and extremism
offences. This regime places these individuals under preventive law enforcement
supervision for the purposes of providing social and legal assistance. She is concerned that,
in practice, the focus is on monitoring rather than on provision of care. Given the breadth of
the crime of extremism, administrative supervision provides an additional means for law
enforcement to tightly control and stigmatize individuals who have peacefully exercised
their fundamental freedoms. She is also concerned at reports she has received of the
recording of conversations inside the cells of convicted individuals for the sole purpose of
increasing their sentences.
(e)
Measures that tightly regulate civil society
19.
The Special Rapporteur is also aware of the extremely broad measures tightly
regulating civil society, which authorities justify on the basis of the requirement to
implement the Financial Action Task Force’s recommendation 8 on non-profit
15
16
Code on Administrative Offences, art. 489.
Criminal Code, art. 50.
7
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