Restrictions on religious literature

1. Introduction

The Azerbaijani government regularly amended the Law on Freedom of Religion, as well as the Code of Administrative Offenses, to restrict the registration and activities of religious communities and groups, and to increase liability for the violation of the rules in 2009 and subsequent years.[1] Law enforcement agencies often provide information on the seizure of religious literature and other publications and electronic materials belonging to individuals or various religious communities and groups[2] as a result of operations in residential areas, during customs inspections[3].

According to various local and international human rights organizations, the production, acquisition, and distribution of religious literature in Azerbaijan are subject to various prohibitions and legal restrictions. Religious legislation, as well as other relevant legislation, does not meet international standards and restricts human rights and freedoms related to religious beliefs.

The European Court of Human Rights has ruled that the confiscation of religious literature belonging to seven Azerbaijani citizens represented in the case of Nasirov and Others v. Azerbaijan, dated February 20, 2020, violates the freedom of conscience protected by Article 9 of the Convention.[4] The court found another violation of Article 10 of the Convention in its decision of 20 February 2020 - the religious community of Jehovah's Witnesses against Azerbaijan (Application No. 52884/09) - the denial of the religious community`s request to bring the import of religious literature by the authorities.[5]

The State Committee for Work with Religious Organizations and law enforcement agencies imposed restrictions on religious literature, if there is a fact that the existing legislation and the practice of its application in relation to religious literature contradict human rights. According to official data, in 2020, 487 samples of religious literature were provided with 679,412 control marks.[6] Although the list of banned religious literature in the country has not been officially announced, some media outlets have mentioned the names of some of those books.[7] According to the official from the organization, the reason for not sharing the list of banned religious literature with the public is that the list changes frequently.[8]

 

[1] Aggravating amendments can be attributed to: Law No. 365-VQD of October 28, 2016, on amendments to the Criminal Code of the Republic of Azerbaijan. Law No. 68-VIQD of May 1, 2020, on amendments to the Criminal Code of the Republic of Azerbaijan. Law No. 1038-VQD of March 6, 2018, on amendments to the Code of Administrative Offenses of the Republic of Azerbaijan. Law No. 366-VQD of October 28, 2016, on making amendments to the Code of Administrative Offenses of the Republic of Azerbaijan. Law on Amendments to the Code of Administrative Offenses of the Republic of Azerbaijan dated February 1, 2018.

[2] https://www.bakupolice.gov.az/?/az/news/view/477/;

[3] According to the government's official data, 3,680 religious literature prepared for import in 2020 was inspected by experts of the religious committee, and 52 of them were prevented from being imported and distributed in the country. Out of 205 samples of religious literature intended for publication, 6 were prevented from being published and distributed. https://apa.az/az/xeber/dini-xeberler/Otn-il-dini-dozumsuzluyu-v-radikalligi-tblig-edn-52-adda-kitabin-olky-idxalinin-qarsisi-alinib-626725; "The State Committee for Work with Religious Organizations has close cooperation with the State Customs Committee and the State Border Service. We try to prevent harmful religious literature from entering the country as much as possible. In this regard, the relevant agencies are cooperating closely with us. The Committee is now fully regulating the field of religious literature. ” - Interview with Deputy Chairman of the State Committee for Work with Religious Organizations Gunduz Ismayilov. http://www.dqdk.gov.az/az/view/news/2315/gunduz-ismayilov-dini-ayri-sechkilik-salan-kitablar-olkeye-getirile-bilmez

[4] Nasirov and Others v. Azerbaijan, dated February, 58717/10, para. 90, 20.02.2020

[5] Religious community of Jehovah's Witnesses v. Azerbaijan (Application No. 52884/09). http://www.law-platform.org/2020/11/yehova-sahidlri-dini-icmas-azrbaycana.html

[6] Report meeting of the Board of the State Committee for Work with Religious Organizations on the results of 2020, http://www.dqdk.gov.az/az/view/news/9688/dini-qurumlarla-ish-uzre-dovlet-komitesi-kollegiyasinin-2020-ci-ilin-yekunlari-ve-qarshida-duran-vezifelere-hesr-olunmush-iclasi-kechirilib son giriş: 16.05.2021

[7] https://apa.az/az/xeber/dini-xeberler/xeber_azerbaycanda_qadagan_olunmus_en_tehlukel_-341189

[8] http://www.dqdk.gov.az/az/view/news/2315/gunduz-ismayilov-dini-ayri-sechkilik-salan-kitablar-olkeye-getirile-bilmez

2. Provisions of local legislation related to religious literature

The Constitution of the Republic of Azerbaijan affirms the equality of all religions before the law,[1] recognizes freedom of religion and belief, and prohibits discrimination on religious grounds[2]. Theoretically, the right to believe in a religion or not to believe in any religion[3], as well as to disseminate religious ideas, individually or in a group, is protected by law. At the same time, the constitution prohibits "the spread or propagation of religions that degrade human dignity" and restricts religious activities that violate public order or are "contrary to public morality."[4]

Specific legislation on religious literature is set out in the Law on Freedom of Religion, mainly Article 22 of this law. The article states that with the consent of the relevant executive authority, religious organizations, other non-religious legal entities and individuals can freely produce, import, export, as well as distribute religious literature (on paper and electronic media), audio and video materials, goods and other information materials of religious content after being marked with a control mark.[5]

Another paragraph of the same law states that the sale of religious literature (on paper and electronic media), audio and video materials, goods and other religious information materials marked with the control mark must only be carried out through the specialized sales points established with the consent of the relevant executive authority.

Samples of religious literature containing religious discrimination, intolerance, and radical religious views are prohibited.As required by the above law, the relevant executive authority - the State Committee for Work with Religious Organizations of the Republic of Azerbaijan (SCWRO)  must evaluate religious literature and other informational materials before publication.[6]

Criminal[7] and administrative[8] liability is envisaged for the publication, sale and distribution of religious literature and religious materials without official permission. In addition, the Law on Combating Religious Extremism prohibits the production, storage and dissemination of extremist material.[9]

Also, according to local legislation, it is impossible for prisoners in penitentiaries in the Republic of Azerbaijan to have access to religious literature. Thus, according to the Internal Disciplinary Rules of penitentiaries, subscription to and distribution of books or other reading materials that incite religious hatred is prohibited.[10] However, the lack of clear evaluation criteria and the fact that the legislation gives broad evaluation powers to official bodies can lead to disproportionate and unnecessary restrictions on access to religious literature.

"Freedom of religion and belief in Azerbaijan: Assessment of national legislation and its implementation" reports prepared by the International Partnership for Human Rights and the Baku Human Rights Club in 2019 " states that if the decree of the Ministry of Justice determines that assistance to prisoners in ensuring freedom of religion and belief is one of the main forms of participation in the rehabilitation of prisoners valuable legislation gives prison authorities broad discretion in assessing exactly which examples of religious literature promote 'religious hatred' and 'radicalism'.

 

[1] Article 18 (1) of the Constitution of the Republic of Azerbaijan states that religion is separate from the state and all religious beliefs are equal before the law.

[2] Constitution of the Republic of Azerbaijan, Article 25, paragraph 3. According to Article 25 of the Constitution, the state of the Republic of Azerbaijan guarantees equal rights and freedoms to everyone, regardless of race, nationality, religion, language, sex, origin, belief. , prohibits restrictions on religion, language, sex, origin, belief, political and social affiliation.

[3] Ibid 1. paragraph 4

[4] Paragraph 2 of Article 18 of the Constitution prohibits the spread and propagation of religions (religious movements) that only degrade human dignity or contradict the principles of humanity.

[5] Law of the Republic of Azerbaijan on Freedom of Religion, Article 22

[6] Regulations of the State Committee for Work with Religious Organizations of the Republic of Azerbaijan

[7] Thus, the penalty for the production, import, sale and distribution of religious literature without the relevant consent is not a fine of five thousand to seven thousand manats or imprisonment for up to two years. Criminal Code of the Republic of Azerbaijan, 167-2.1

[8] Also, the production, sale and distribution of religious literature and religious materials for retail sale without obtaining a control mark is prohibited by Article 451 of the Code of Administrative Offenses. With the confiscation of goods, products and information materials without a control mark, individuals shall be fined in the amount of fifty manats, officials in the amount of one hundred manats, legal entities in the amount of one hundred and fifty manats for each of them.

[9] Law of the Republic of Azerbaijan on Combating Religious Extremism, Article 1.0.1.8.

[10] On the Rules of Internal Discipline of Penitentiary Institutions of the Minister of Justice of the Republic of Azerbaijan, Order No. 13, paragraph 248

3. International law and standards

The Constitution of Azerbaijan recognizes the superiority of the rules established in international documents when there are different rules between the ratified international agreements and local legislation.[1]

Article 18 of the International Covenant on Civil and Political Rights (ICCPR) and Article 9 of the European Convention on Human Rights (ECHR), to which Azerbaijan is a party, state that “everyone has the right to freedom of thought, conscience and religion. The bodies established to oversee the implementation of international conventions to which Azerbaijan is a party - both the United Nations Human Rights Institutions[2] and the European Court of Human Rights[3]  state that “freedom of religion and belief also includes the right to create, produce and distribute relevant religious publications.”

Article 22 of the Law on Freedom of Religion prohibits the publication, sale, import and export, as well as distribution, of religious literature and other religious materials without the consent of the relevant executive body. However, this rule, in addition to the freedom of religion provided for in Article 9 of the European Convention, is subject to Article 10 (1) of the Convention and Article 19 (1) of the ICCPR does not consider it appropriate for an individual or a group to require prior permission to publish their thoughts or opinions, and considers such restrictions contrary to the requirement of necessity in a democratic society.[4]

When the legality of particular religious literature or material is disputed in a local court, only SCWRO specialists are invited by the courts to express an expert opinion, which violates the objectivity of the expert assessment and the general fairness of the court.

 

[1] Law of the Republic of Azerbaijan on Freedom of Religion, Article 31

[2] United Nations Human Rights Committee Resolution 2005/40 on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief, 19 April 2005, Paragraph 4 (d); at the same time 33, paragraph 9 (g);

Declaration of the UN General Assembly of 1981. Article 6 (d): The right to freedom of thought, conscience, religion and belief, "to write, publish and distribute relevant publications in these areas;" also covers the right.

Declaration of the UN General Assembly of 1981. Article 6 (d): The right to freedom of thought, conscience, religion and belief, "to write, publish and distribute relevant publications in these areas;" also covers the right.

United Nations Human Rights Committee General Comment No. 22. Paragraph. 4: "In addition, the application and teaching of religion or belief include the fundamental work of religious groups, [...] freedom to establish seminaries or religious schools, and inseparable actions with the freedom to prepare and distribute religious texts and publications."

[3] ECHR, Kimlya and Others v. Russia, 32782/03, 1 October 2009, paragraph 86

[4] The Joint Opinion of the European Democracy Commission (Venice Commission) and the OSCE / ODIHR on the Law of the Republic of Azerbaijan on Freedom of Religion (Venice, 12-13 October 2012) states: “102. Provision requiring prior consent before dissemination appears to be a violation of Article 10 (1) of the ECHR and Article 19 (1) of the International Covenant on Civil and Political Rights. Freedom of expression allows for the right to disseminate and receive information and opinions without the interference of public authorities and regardless of borders.

4. The practice of applying restrictions on religious literature

The process of confiscation of religious literature in Azerbaijan is mainly carried out as a result of joint activities of the State Committee and law enforcement agencies. The collected religious literature and other religious materials are sent to the Committee's theological analysis for examination. Here, religious books and other publications are examined and evaluated by experts. The legislation does not specify which standards are used during inspections and evaluations. As the list of banned religious literature is not shared with the public, there are serious problems in obtaining samples of literature that are allowed to be brought to the country.

The State Committee determines the number of copies of each sample of religious literature that can be printed or imported, actively monitors the composition of shops selling religious literature, and compares the books on sale with the list of banned religious literature. It is unclear what public interest the committee's authority to even determine the number of copies of permitted religious literature stems from. The need for an intervention rule on the number of copies does not seem plausible. Because the authority to be acquired to determine the amount of religious literature may depend on the discretion of the recipient.

Foreign countries are also required to obtain permission from the Committee to bring religious literature to Azerbaijan. This process is supervised by the Theological Examination Department of the Committee.

This department carries out and controls the distribution of religious literature (paper-based and electronic media), audio and video materials, goods and products and other religious information materials in Azerbaijan and the issuance of control marks to them.

In 2020, according to its decision on the "Religious community of Jehovah's Witnesses v. Azerbaijan" case, the European Court of Human Rights ruled that preventing the importation of religious literature violated Article 10 of the European Convention on Human Rights. The court concluded that the reasons given by the Azerbaijani authorities for banning religious literature were irrelevant.

“The book entitled “Worship the Only True God” presents subjects that reflect Jehovah’s Witnesses’ religious views. On page 25 it is emphasised that members of the Christian religion are two-faced and their involvement in politics is condemned. It is noted that such actions by Christians can be the cause of people’s negative attitude towards the Bible. Moreover, governments and all nations of the world are reproached for not submitting to Jesus Christ, the king designated by Jehovah. The incorrectness of these religions is established by citing examples [such as] the wars between adherents of the world’s religions [which have been] ignited by racial segregation. In addition, international religions are compared to a ‘rotting tree’.

Authorities claimed that the content of these books referred to detrimental ideas and other negative influence[s] which can adversely affect common understanding, mutual tolerance and reciprocal respect between religious communities of various faiths. Therefore, having considered the relevant expert report, the court finds that the defendant acted correctly in banning the import of the literature in question.”

However, the European Court noted that while states have some freedom of assessment when regulating freedom of expression in matters such as the promotion of religious hatred or intolerance, the freedom of choice of the competent authorities is not unlimited (paragraph 34). The Court noted that the initial (pre-) restrictive aspect of Azerbaijani legislation required serious investigation and raised serious questions as to whether the interference was provided for by law (paragraph 39).

There are also restrictions on religious literature and materials in domestic legislation on religious extremism.

The law states that "humiliation of national dignity"[1] and "compromise on religious beliefs"[2] are tantamount to religious extremism. However, these concepts are illegal and have a wide interpretation because they are not specific, which gives the relevant authorities broad powers to apply these provisions. The lack of a clear definition in local law of the concept of "compromise on religious beliefs" also contradicts the freedom of religion and belief required by Article 9 of the ECHR.[3] Also, one of the activities prohibited by the same law is the preparation, storage and dissemination of religious extremist materials, where the term "religious extremist" is not specific, no clear definition and criteria have been provided for its interpretation. Such a situation could lead to abuses of the law against non-traditional and marginal religious groups, therefore, international standards recognize the production and dissemination of religious literature as an integral part of the activities of religious communities and freedom of religion in general.[4]

 

[1] Law of the Republic of Azerbaijan on Combating Religious Extremism, Article 1.0.1.5.

[2] Law of the Republic of Azerbaijan on Combating Religious Extremism, Article 1.0.1.6.

[3] Kokkinakis v Greece, 14307/88, para.31, 25.05.1993

[4] UN Commission on Human Rights, Resolution No. 40/40 of 2005 on the Elimination of All Forms of Intolerance and Discrimination Based on Religion and Belief, 19 April 2005, E / CN.4 / RES / 2005/40, (paragraph 4 (d))

5. Conclusion

In Azerbaijan, like other fundamental freedoms, freedom of religion and belief, as well as the rights to obtain, publish and distribute religious books covered by this freedom, are systematically violated. Tougher penalties for restrictions on freedom of religion or belief and the practice of their application contradict international legal standards such as proportionality and necessity.

Also, the rules governing local legislation, such as restrictions and prohibitions (ie getting permission before bringing religious literature to the country), do not comply with the requirements of international instruments. At the same time, the laws, which are not sufficiently clear in the legislation and give state bodies unlimited freedom of expression, are abused while being implemented.

Decisions taken by the European Court of Human Rights in recent years against state censorship of religious literature and materials in Azerbaijan have provided an opportunity for the Azerbaijani government to call for and encourage legislation in this area. In order to enforce such ECHR decisions, non-governmental organizations may submit information and recommendations (Rule 9.2) to the Judicial Oversight Body, the Committee of Ministers, on the implementation of individual and general measures set out in the decision, as well as to prevent similar problems in the future.

Comprehensive enforcement of court decisions can be effective in eliminating systemic problems in practice, including state censorship of religious literature and severe administrative offenses and criminal penalties, bringing regulations in line with international standards, and clarifying the concepts used in the law.