Need To Release Prisoners Of Conscience Is “More Urgent Than Ever” - U.S. Religious Body

Last week the U.S. religious freedom body USCIRF issued a statement urging governments to release religious prisoners of conscience in COVID-19 response. The Commission works to advance religious liberty across the globe while advising the Trump administration. 

A delegation of religious freedom watchdog has recently returned from Azerbaijan where estimated to be over 130 political prisoners remain behind bars, while half of them are religious activists.

In an interview with TURAN’s Washington correspondent, USCIRF’s Vice Chairs Gayle Manchin and Nadine Maenza spoke about the calls for release of prisoners of conscience in wake of Covid19, as well as the current state of religious freedom in Azerbaijan. 

TURAN: Amid efforts to contain the COVID-19 pandemic, the USCIRF called on governments to release all prisoners held because of their religion or belief around the world. The move comes just days after the Commission expressed its concerns over reports that religious minority groups from around the world have faced discrimination because of the pandemic. How is the Corona virus affecting religious freedom abroad in general? And as nations are responding to the spread of the virus, why should they consider religious freedom in your opinion?

Vice Chair Gayle Manchin: As governments around the world respond to the spread of COVID-19 and take various measures to contain it, USCIRF has been watching closely to ensure that those policies are consistent with international law and appropriately address religious freedom concerns. Public health is one of a few legitimate interests for which governments can permissibly place limited restrictions on freedom of religion or belief when necessary. However, those limitations must be narrowly applied, non-discriminatory, and clearly connected to the protection of public health. We have already been concerned by some cases we have seen of targeted discrimination against specific religious groups, such as the Hazara Shi’a in Pakistan.

Vice Chair Nadine Maenza: We certainly see that the COVID-19 pandemic is affecting religious practices around the world. Many religious communities are no longer able to meet for worship or other religious practices, and we are increasingly seeing religious communities move to online platforms in order to hold services or celebrate religious holidays. It is important for governments to recognize and continue to incorporate their human rights commitments, including religious freedom, in their efforts to combat COVID-19. This is not only because they are legally obligated to do so under international law, but because there is opportunity and value to working together with religious communities.

TURAN:  Currently there are estimated to be over 130 political prisoners in Azerbaijan, according to nongovernmental organizations, and about half of them are religious activists. Following the USCIRF's recent trip to Baku, the Commission expressed its hopes that religious prisoners would be released for the Novruz holiday, which never happened... Instead, President Aliyev released only two of the religious prisoners "due to their age and state of health" as part of his latest decree in the context of the COVID-19 early this week. One movement the regime has targeted is the Muslim Unity Movement and two of its leaders have languished in prison with little public attention: Taleh Bagirzade and Abbas Huseynov, each sentenced to 20-year prison sentences. The plight of prisoners of conscience don't often get Western attention. I'm wondering if your delegation has a chance to raise the matter during your trip to Baku, and if so, what was your impression regarding the status of their cases?

Vice Chair Maenza: We were encouraged to see Azerbaijan release some prisoners, including the two religious prisoners you mentioned, but they are only two of the estimated 45 individuals imprisoned in Azerbaijan in connection with their religious activities. Earlier this week, the U.S. Department of State’s Ambassador-at-Large for International Religious Freedom, Sam Brownback, specifically called on Azerbaijan to release its religious prisoners, and we echo that call as well. Amid efforts to contain the COVID-19 pandemic, individuals behind bars in crowded prisons are particularly susceptible to contracting the virus. This is why we believe that the need to release religious prisoners of conscience, who should never have been in prison in the first place, is more urgent than ever.

Vice Chair Manchin: We regularly raise the cases of prisoners of conscience and advocate for their release during delegation visits to countries we monitor—and we voiced those concerns during our time in Azerbaijan as well. The majority of religious prisoners in Azerbaijan are members of the Muslim Unity Movement, whose cases USCIRF has been following for some time now. Upon our return, we expressed the hope that the government would pardon and release additional religious prisoners leading up to the Novruz holiday, but we unfortunately did not see that. At this point, we would urge the Azerbaijani government to release all religious prisoners of conscience, particularly in light of these serious health and humanitarian considerations. 

TURAN:  In its 2019 Annual Report, USCIRF specifically cited Azerbaijan as one of 28 countries of special concern for its clear lack of religious freedom, noting that, the country has been 'engaging in or tolerating religious freedom violations that meet at least one of the elements of the “systematic, ongoing, egregious” standard for designation'.  In the meantime, your delegation that recently returned from Azerbaijan, expressed positive hopes and encouragement in - as it put it - "seeing that the government has taken some promising first steps to allow the country’s many religious communities to more freely and fully practice their religion and beliefs." Can you please unpack it for us? What exactly is the government doing to move in the right direction and what is and is not working? 

Vice Chair Manchin: USCIRF has included Azerbaijan on its Tier 2 list for religious freedom violations every year since 2013 and most recently in April 2019. Many of its religious freedom violations have stemmed from the government’s enforcement of the 2009 Law on Freedom of Religion, which has in fact restricted many religious communities and their ability to practice and worship freely. The law requires the registration of all religious communities and prohibits unregistered religious activity. For years, religious communities that were unable to register—either because they were too small to meet the minimum number of community members required for registration, or because local authorities opposed their registration—faced police raids, fines, detention, and arrest. Within the last year, we have seen an abrupt decline in this kind of official, state-sanctioned harassment, which is a significant improvement. However, it is critical that such protections are encoded into law, and so we would strongly encourage the Azerbaijani government to amend its religion law to bring it into compliance with international religious freedom standards.

Vice Chair Maenza: Many religious communities that we met with during our visit to Baku earlier this year described a general improvement in their situation, but at the same time, they were wary that the government could reverse course at any moment and return to its previous practice of cracking down on independent or unauthorized religious activity. Mandatory registration and restrictions on religious literature continue to be burdensome, and although we no longer see raids happening on the scale of previous years, many communities continue to feel constrained by these laws. Other aspects of the law, which restrict religious practice to a community’s registered, legal address, and prohibit foreigners from proselytizing or participating in missionary activity, are also not in line with international standards. Finally, although we have not seen recent prosecutions of Jehovah’s Witnesses for conscientious objection, Azerbaijan should create an alternative civilian service option for those who object to mandatory military service, as the Azerbaijani constitution guarantees.

Turan:   In Azerbaijan, laws guaranteeing religious freedom are regularly violated, according to independent watchdogs. At the same time, some groups are considered to be more discriminated against than others. Is that your impression too and if so, why do you think this might be?  

Vice Chair Maenza: Under its religion law, Azerbaijan treats its Muslim communities and citizens differently than its non-Muslim communities, and certainly discriminates against them. Muslim communities are explicitly subordinated to the Caucasus Muslim Board, which is the only institution authorized to appoint imams. Additionally, Muslims who have received a religious education outside of Azerbaijan are legally barred from leading religious ceremonies in Azerbaijan unless they receive official permission. This appears to be in large part due to a desire to control the practice of Islam, which Azerbaijani government officials fear could be susceptible to the influence of neighbors such as Iran.

Other religious communities, such as Protestants and Jehovah’s Witnesses, have particularly struggled to gain official registration, which some believe is connected to them being considered “non-traditional” in Azerbaijan.

TURAN:   In February, the European Court of Human Rights ruled in favor of a religious community which was prohibited from importing religious literature by the Azerbaijani authorities. The community sought official approval to import religious materials but select texts were rejected as they were deemed detrimental to fostering respect between religious communities. Just last year, the government banned one theologian’s book on Islam, a decision that Azerbaijan’s Supreme Court recently upheld. Did you have a chance to raise the issue with the officials in Baku and if so, how do you think they understand the issue? 

Vice Chair Manchin: The ECtHR’s recent decision on Azerbaijan’s ban on the import of religious books by Jehovah’s Witnesses is important, and we hope that that decision will pave the way for the Azerbaijani government to reconsider its current legislation as it concerns religious literature. Not all religious communities have had the same issues importing or distributing religious literature, but it becomes a problem when the government interferes and makes decisions about which religious literature is acceptable and allowed, and which is not, as was the case in the decision to ban Elshad Miri’s book as well. As Vice Chair Maenza said, the government clings to an apparent need for control that is not compatible with international religious freedom standards. 

TURAN:   Despite all the flaws and the imperfections, delegations of religious groups from Azerbaijan are - from times to time - used for propaganda in the U.S, when the government reportedly seeks to boost its international image. They even claim that other countries should promote “the Azerbaijani model of tolerance.” I wonder how much you think these kinds of initiatives are helpful to boost the image of Azerbaijan in Washington? 

Vice Chair Maenza: Azerbaijan is a beautiful country with wonderful people, and we were encouraged to see that religious diversity and tolerance are cherished throughout society in many different ways. There are undoubtedly things to commend—such as a general lack of anti-Semitism–—but there is also much room and many opportunities for improvement, and we would like nothing more than for Azerbaijan to one day be a model for other countries. But in order to do that, Azerbaijan must first ensure that it guarantees and protects religious freedom as a right. We hope to see Azerbaijan continue to take steps to further improve religious freedom for all its people.

Alex Raufoglu

Washington D.C.