FORUM 18 NEWS SERVICE, Oslo, Norway
https://urldefense.proofpoint.com/v2/url?u=http-3A__www.forum18.org_&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=0Ysu52GWyIjXXKr-6F3LvdQbidqlqaSkDXoZSH41iXk&s=AFpgDD0dFUgVBz_HhJpJvYGolBshKIfEbklDcFL8pX8&e=
The right to believe, to worship and witness
The right to change one's belief or religion
The right to join together and express one's belief
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Tuesday
AZERBAIJAN: STATE'S THEOLOGICAL REVIEW BANS BOOK ON ISLAM
The State Committee for Work With Religious Organisations - which
implements the state's prior compulsory censorship of all religious
literature - banned a book on Islam by Sunni Muslim theologian Elshad Miri.
An official deemed it "unsuitable for publication" because he disagreed
with it theologically.
AZERBAIJAN: STATE'S THEOLOGICAL REVIEW BANS BOOK ON ISLAM
https://urldefense.proofpoint.com/v2/url?u=http-3A__www.forum18.org_archive.php-3Farticle-5Fid-3D2351&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=0Ysu52GWyIjXXKr-6F3LvdQbidqlqaSkDXoZSH41iXk&s=WBJ_DAa2m30arWx2fElIf6GyCRyppTn2sISrdrHfq0s&e=
By Felix Corley, Forum 18
The State Committee for Work With Religious Organisations has banned a
so-far unpublished book on Islam by prominent Sunni Muslim theologian
Elshad Miri. The State Committee conclusion that Miri's book is "deemed
unsuitable for publication" and could therefore "have a negative influence
on religious stability" is based entirely on theological objections to his
interpretation of his faith, Forum 18 notes.
Miri complained to Forum 18 that the ban on his book was based on
"subjective considerations". He also condemned the system of state
censorship of religious literature. "I think that in a world where media
exist on the internet, it is not right to forbid anyone to think freely,"
he told Forum 18. The official who wrote the review refused to speak to
Forum 18 (see below).
Following a police and State Committee raid on her shop in the capital
Baku, yet another bookseller has been fined for selling religious books
without state permission. Ruhiyya Mehdiyeva was fined about four months'
average wage on 1 February (see below).
Religious censorship appears to take a lot of State Committee attention.
"One of the main directions of our activity is to prevent the spread of
unauthorised religious literature," a Deputy Chair of the State Committee,
Siyavush Heydarov, told the local Trend news agency in January 2017 (see
below).
In 2017 the European Court of Human Rights in Strasbourg asked the
Azerbaijani government to respond in several Jehovah's Witness cases where
the State Committee banned the import of their publications or police and
the courts detained and punished individuals for distributing religious
literature "illegally" (see below).
Complete religious literature censorship
All religious literature produced in, published in (including on the
internet) or imported into Azerbaijan is subject to prior compulsory
censorship. When the State Committee does give permission to publish or
import a work it also specifies how many copies can be produced or
imported. All religious materials sold must have a sticker noting that they
have State Committee approval. State officials have repeatedly denied that
this represents censorship (see F18News 1 October 2015
<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.forum18.org_archive.php-3Farticle-5Fid-3D2107&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=0Ysu52GWyIjXXKr-6F3LvdQbidqlqaSkDXoZSH41iXk&s=mJJWvM6P_93l7H8YS0xW6OfkfypHf2ibxYOtfa0XAQg&e=>).
"One of the main directions of our activity is to prevent the spread of
unauthorised religious literature," a Deputy Chair of the State Committee,
Siyavush Heydarov, told the local Trend news agency on 27 January 2017.
The Old Testament, the 14-volume "Risale-i Nur" (Messages of Light)
collection of writings by the late Turkish theologian Said Nursi, and
several Jehovah's Witness publications were included on a police list of
alleged "banned" religious literature, based on State Committee "expert
analyses" (see F18News 6 May 2014
<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.forum18.org_archive.php-3Farticle-5Fid-3D1955&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=0Ysu52GWyIjXXKr-6F3LvdQbidqlqaSkDXoZSH41iXk&s=At3_inpAZ2i853iFLBCZzsZOoKmJ50gH21Y-09gBB0w&e=>).
Religious literature and other materials can be sold or distributed only at
specialised outlets which have been approved both by the State Committee
and the local administration. People who sell religious literature and
materials without such permission are routinely fined (see F18News 10 May
2017
<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.forum18.org_archive.php-3Farticle-5Fid-3D2278&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=0Ysu52GWyIjXXKr-6F3LvdQbidqlqaSkDXoZSH41iXk&s=l1jBKJtMNTOX5-J4ihQoe_AO9Fy2sM4YhweybCoX7oA&e=>).
Another banned religious book
The prominent Baku-based Sunni Muslim theologian and journalist Elshad Miri
handed over the text of his book "Things Not Existing in Islam" to a
publisher on 15 January, he told Forum 18 from Baku on 12 February. The
book covers seven of what he regards as myths about what Islam teaches.
Chapters include "There is no magic in Islam" and "There is no child
marriage in Islam".
In line with the state's censorship requirements, the publisher then handed
the text of Miri's book to the State Committee for approval.
"No [religious] book can be published without the State Committee's
approval," Miri lamented to Forum 18. "No printing house can print any
religious book without this permission."
"Expert analysis" is theological analysis
On 2 February, the State Committee banned Miri's book on Islam in a
one-page document signed by Chief Specialist Namiq Jiriyev (and seen by
Forum 18). Jiriyev, who studied Islam in universities in Izmir and Baku
between 1998 and 2003, has worked for the State Committee since 2008.
"The author's superficial approach to the questions, his failure to refer
to classical sources on the issues, his showing as sources ayahs [verses of
the Koran] or hadiths [sayings attributed to the Muslim prophet Muhammad]
that in most cases are irrelevant are evidence that he does not know the
views of scholars on these issues," Jiriyev claimed in his analysis.
"One of the most problematic aspects of the book is that it casts doubt on
the innocence of the prophets, something that is accepted by all religious
scholars," Jiriyev added. "The author makes persistent reference to the
outward meaning of some ayahs and says that the prophets, especially the
prophet Muhammad, sinned and made mistakes."
Jiriyev also questions Miri's "personal approach" in saying that
descendants of Muhammad through his daughter Fatima cannot be considered
sayyids. Jiriyev also objects that Miri rejects giving sayyids a privileged
position in society. "The latter sections of the book reject the approaches
taken by many religious scholars."
Jiriyev's conclusion is brief. "The investigation found ideas in the book
that could have a negative influence on religious stability in the country.
The book is, therefore, deemed unsuitable for publication."
Jiriyev refused to discuss his ban on Miri's book. As soon as Forum 18 had
introduced itself on 13 February he put the phone down. Subsequent calls
went unanswered.
Miri told Forum 18 he had learnt about the ban only on the evening of 5
February after he returned from the Far East. He went to the State
Committee the following day, where he met the head of the "Expert Analysis"
(Censorship) Department, Nahid Mammadov, and one of the State Committee
Deputy Chairs.
On 8 February Miri posted a 48-minute video on YouTube, detailing his
objections to the State Committee ban on his book
(<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.youtube.com_watch-3Fv-3DM8TSAz2uqSY-26t-3D176s&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=0Ysu52GWyIjXXKr-6F3LvdQbidqlqaSkDXoZSH41iXk&s=YOsHzLVhf5AuNGY62F8bfaMJPKE5s2DTsIadkPoMe1g&e=>).
"It is not right to forbid anyone to think freely"
Miri objected to both the specific ban on his book, as well as to the
system of state censorship of religious literature, he told Forum 18.
"I objected to the ban on the book due to an expert's negative commentary
on subjective considerations," Miri told Forum 18. He added that in his 6
February meetings with State Committee officials, he mentioned "the
absurdity of an ordinary theologian's review of the work of a person who
spent a number of years studying this discipline". He also complained to
them that Jiriyev, who signed the State Committee review, admitted that he
had not read the whole book.
Moreover, Miri told the State Committee officials "it is not correct to ban
a book I wrote in a country which does not [officially] have censorship".
And Miri believes state censorship is wrong. "I think that in a world where
media exist on the internet, it is not right to forbid anyone to think
freely," he told Forum 18.
Miri said he has not posted the text of his book on the internet, as he
could then be accused of distributing a banned book.
Punishments
Prosecutors can bring cases against those who violate the state censorship
of all religious literature under both the Criminal Code and Administrative
Code.
Criminal Code Article 167-2 punishes: "Production, sale and distribution of
religious literature (paper and electronic formats), audio and video
materials, religious items and other informational materials of religious
nature with the aim of import, sale and distribution without appropriate
authorisation".
Punishments under Criminal Code Article 167-2 for first time offenders
acting alone are a fine of between 5,000 and 7,000 Manats or up to two
years' imprisonment. Such an "offence" by a group of people "according to a
prior conspiracy", by an organised group, by an individual for a second
time or by an official would attract a fine of between 7,000 and 9,000
Manats or imprisonment of between two and five years.
Administrative Code Article 516.0.2 punishes "Selling religious literature
(printed or on electronic devices), audio and video materials, religious
merchandise and products, or other religious informational materials, which
have been authorised for sale under the Religion Law, outside specialised
sale outlets established with the permission of the relevant government
authority distributing religious literature, religious objects and
information material without State Committee permission".
Punishment under Article 516.0.2 entails confiscation of the literature,
merchandise and products or other materials concerned. Additional
punishments under Article 516 are: for individuals fines of between 2,000
and 2,500 Manats; for officials fines of between 8,000 and 9,000 Manats;
for organisations fines of between 20,000 and 25,000 Manats; and for
foreigners and stateless persons fines of between 2,000 and 2,500 Manats
with deportation from Azerbaijan
Bookseller raided, fined
On 17 January, police officers (including from the 13th Police Station) and
State Committee officials raided the Ansar shop in Baku's Sabunchu
District, the Interior Ministry noted on its website the same day. They
searched the shop and seized 400 religious books which had not undergone
state censorship by the State Committee. State Committee officials prepared
a record of an offence against the shop owner, Ruhiyya Mehdiyeva, under
Administrative Code Article 516.0.2.
The head of Sabunchu Police's 13th Police Station was out of the office
when Forum 18 called on 12 February, the duty officer said. He claimed not
to know about the raid on the Ansar shop. "I don't know who here was
involved - it wasn't me," he said.
The official who answered the phone of the Baku representative of the State
Committee Anar Kazimov told Forum 18 on 13 February that Kazimov was out of
the office. Asked why State Committee officials had taken part in the raid
on the Ansar shop and prepared the case for court, the official repeatedly
said "I don't know" and put the phone down.
On 1 February, Judge Ziya Shirinov of Sabunchu District Court found
Mehdiyeva guilty of violating Administrative Code Article 516.0.2, the
Court chancellery told Forum 18 on 12 February. The Judge fined her the
minimum of 2,000 Manats. This is equivalent to about four months' average
wages for those in formal work. The Court said Mehdiyeva has not appealed
against her punishment.
Jehovah's Witnesses challenge censorship internationally
After the State Committee banned a number of Jehovah's Witness publications
from being imported into the country, the community tried to challenge
these denials through the local courts. Such challenges failed.
Jehovah's Witnesses have lodged four challenges to the European Court of
Human Rights (ECtHR) in Strasbourg over Azerbaijan's state religious
censorship, as well as another to the United Nations Human Rights
Committee.
On 31 October 2017, the ECtHR asked Azerbaijan to respond to claims in the
case of Arif Tagiyev and Others, including Baku's Jehovah's Witness
community (Application No. 66477/12) that their rights had been violated by
seven State Committee decisions between October 2010 and May 2011. These
decisions had restricted the numbers of copies Jehovah's Witnesses could
import of some publications and completely banned others. Azerbaijan had
until the end of January 2018 to submit its response.
Jehovah's Witnesses have also brought cases to the ECtHR over fines on
individuals for offering religious literature to others while they share
their faith with them.
On 18 May 2017, the ECtHR asked Azerbaijan to respond to claims in the case
of Nina Gridneva (Application No. 29578/11) that her rights had been
violated when, in 2010, police in Baku stopped her while offering religious
literature on the street, seizing the literature, and a court subsequently
fined her for "illegal" religious literature distribution (see F18News 10
December 2010
<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.forum18.org_archive.php-3Farticle-5Fid-3D1520&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=0Ysu52GWyIjXXKr-6F3LvdQbidqlqaSkDXoZSH41iXk&s=TMrN4WAx9CJ5snPx8dqFX1CERaIlS1jDvUaCtWNV2DQ&e=>).
Azerbaijan had until mid-August 2017 to submit its response.
On 30 August 2017, the ECtHR asked Azerbaijan to respond to claims in the
case of Famil Nasirov and six others (Application No. 58717/10) that their
rights had been violated in three separate incidents in 2010 in Baku,
Agstafa and Sumgait [Sumqayit]. In all three incidents, police stopped
individuals as they were sharing their faith from door to door and seized
religious literature. Courts initially fined the individuals for
"illegally" distributing banned religious literature, although most of
these fines were overturned on appeal. (END)
For background information see Forum 18's Azerbaijan religious freedom
survey at
<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.forum18.org_archive.php-3Farticle-5Fid-3D2081&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=0Ysu52GWyIjXXKr-6F3LvdQbidqlqaSkDXoZSH41iXk&s=uThBW1ydEJjMuub8PqphsIHiCnMaqe6XCR-iKTVoAQk&e=>.
More coverage of freedom of thought, conscience and belief in Azerbaijan is
at
<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.forum18.org_Archive.php-3Fquery-3D-26religion-3Dall-26country-3D23&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=0Ysu52GWyIjXXKr-6F3LvdQbidqlqaSkDXoZSH41iXk&s=YFWFc5eXWzTvRjidslrKvpQPIGlW6uzrphQ9_0iT1JQ&e=>.
A compilation of Organisation for Security and Co-operation in Europe
(OSCE) freedom of religion or belief commitments can be found at
<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.forum18.org_Archive.php-3Farticle-5Fid-3D1351&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=0Ysu52GWyIjXXKr-6F3LvdQbidqlqaSkDXoZSH41iXk&s=Q08yZjCeNaUeOx2Ys1lKIHff_jR0oUWYGXr_mssj1Ww&e=>.
For a personal commentary, by an Azeri Protestant, on how the international
community can help establish religious freedom in Azerbaijan, see
<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.forum18.org_Archive.php-3Farticle-5Fid-3D482&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=0Ysu52GWyIjXXKr-6F3LvdQbidqlqaSkDXoZSH41iXk&s=tVJQ6m5JrpQL7Rd6IA7LsbunrJyk2_ZcbYrS3k-hNlw&e=>.
A printer-friendly map of Azerbaijan is available at
<https://urldefense.proofpoint.com/v2/url?u=http-3A__nationalgeographic.org_education_mapping_outline-2Dmap_-3Fmap-3DAzerbaijan&d=DwIBaQ&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=LVw5zH6C4LHpVQcGEdVcrQ&m=0Ysu52GWyIjXXKr-6F3LvdQbidqlqaSkDXoZSH41iXk&s=1ylJPzpiplrj5zgkKqvdxX1XMtzTTEpHafjh1z5Iz00&e=>.
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