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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