Regime continues repeated arbitrary blocking of registration

 UZBEKISTAN

Regime continues repeated arbitrary blocking of registration

26 April 2024

Regime officials have repeatedly used a variety of tactics to block state registration applications from Jehovah's witnesses. Jehovah's Witnesses have all experienced blocking of registration attempts, and in a Jehovah's Witness case courts have backed the regime's arbitrary use of its power. "The Religion Law gives the authorities unlimited powers to refuse our registration, to our regret," Jehovah's Witnesses told Forum 18. Unregistered Protestant communities have also come under police and SSS secret police pressure, including attempts to recruit informers.

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".

City Administration officials have refused to answer Forum 18's questions about the case.

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.

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.

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.

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 note.

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. 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 [local district] had 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.

 "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.

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 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.

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's receptionist (who 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 about the regime's multiple human rights violations.

In the photo: Jehovah's Witness Kingdom Hall, Chirchik.

https://www.forum18.org/archive.php?article_id=2905