An Uzbek court has handed
a Jehovah’s Witness a three-year suspended sentence for "inciting
religious hatred." Human rights advocates are highly concerned with the
conviction, as it seems to herald an expansion of the Uzbek government’s
crackdown on religious expression.
Marat Mudarisov, 26, was convicted on 29 November of violating article 156.1 of
Uzbekistan’s criminal code for distributing printed matter that the state deems
insulting to the national religious convictions of Uzbek citizens. Mudarisov’s
supporters countered that the state’s case was politically motivated and aimed
to establish a precedent that would help authorities limit the activities of
Christians in Uzbekistan.
"We expect more prosecution to follow for the distribution of Jehovah’s
Witness literature. The court in this case decided that everything said by the
prosecution was true and ignored the evidence of the defense," said John
Burns, a Canadian attorney and member of the St. Petersburg International Board
of Lawyers who is advising Mudarisov’s lawyers.
Burns added that in the aftermath of Mudarisov’s conviction, he expected two
similar cases to follow suit. Those two cases, in the Uzbek cities of Bukhara
and Navoii, involve criminal charges brought against Jehovah’s Witnesses for
"proselytizing" and "conducting missionary activity," in
violation of article 216.2 of the criminal code. Currently there are over 3,000
Jehovah’s Witnesses in Uzbekistan, and it is among the fastest growing groups
of the many Christian organizations now active in Uzbekistan.
Uzbekistan, a predominantly Muslim country, has for years sought to suppress
all forms of Islamic religious expression not expressly sanctioned by
government officials. Human rights advocates estimate that up to 7,000 people
have been imprisoned on charges of urging radical Islamic beliefs and seeking
to overthrow the current Uzbek government. Many of those in custody have been
accused of belonging to a banned radical group, including Hizb ut-Tahrir.
According to Human Rights Watch’s Matilda Bogner, the Mudarisov case is perhaps
the first in Uzbekistan in which a Christian has been prosecuted on the basis
of religious beliefs. "Clearly a man has been prosecuted for his religious
beliefs and that has been a part of the actual criminal case against him,"
Bogner said.
An expert study presented by state prosecutors provided a clue as to why the
government appears to be targeting Jehovah’s Witnesses. According to court
files the study said the religious beliefs of Jehovah’s Witnesses serve to
undermine national security by encouraging "citizens against participation
in politics and against serving in state offices." The study also accuses
Jehovah’s Witnesses of not respecting "state symbols, the state hymn, the
national flag, and arms, because it is [considered] idolatry, [and] agitates
youth to deviate from military service."
Since the outbreak of radical Islamic insurgency in 1999, Uzbek President Islam
Karimov’s administration has sought to maintain a tight grip over Uzbekistan’s
political, economic and social life. That trend has solidified over the past
year, which has seen a dramatic expansion of U.S.-Uzbek military cooperation.
Bogner suggested that Uzbek officials view the rapid growth of Jehovah’s
Witnesses as a potential threat to the authoritarian system now in place.
"I think the government is also concerned about Christian groups getting,
though what would never be a huge following, a large following," Bogner
said. "If they became organized and if they became some sort of a force,
even though that would be a religious force, that’s something that government
could see as a threat to its own power." Cultural suspicion may also have
been a factor in Mudarisov’s prosecution, Bogner added. Many Uzbek Muslims are
wary of Christians in what is traditionally an Islamic country.
Mudarisov was first detained and questioned by state security agents in July.
He was held at Tashkent’s city prison throughout the investigative process.
During his trial, which began on 16 October, authorities said they found in
Mudarisov’s possession Uzbek-language pamphlets that touted the superiority of
the teachings of the Bible over those of the Koran. The official expert study
characterized the pamphlet as "anti-constitutional propaganda of
pseudo-religious ideas … and inciting hatred among representatives of other
religions."
Defense lawyers argued that the pamphlet was planted on Mudarisov, citing the
fact that he is an ethnic Tatar who does not speak Uzbek. Mudarisov’s defenders
added that the trial also featured numerous procedural violations. They
asserted that his detention from July until 22 November, when he was
unexpectedly released during the last phase of the trial, constituted a
violation of Mudarisov’s rights.