E/CN.4/2006/5/Add.1
Page 52
Observations
223.
The Special Rapporteur is grateful for the additional legal materials sent by
the Government in response to her letter dated 12 July 2005. She takes this
opportunity to draw the attention of the Government to Article 18(1) of the
International Covenant on Civil or Political Rights, which provides that the right to
freedom of religion “shall include freedom to have or to adopt a religion or belief of
his choice […].” In addition, the Special Rapporteur would like to refer to paragraphs
40 to 68 of her previous report to the General Assembly (A/60/399) where she
addressed the question of conversion as well as missionary activities and propagation
of religion.
Kazakhstan
Response from the Government dated 1 April 2005 to a communication sent on 3
November 2004 ( See E/CN.4/2005/61/Add. 1, at para. 149 to 152)
224.
The Government informed the Special Rapporteur that, following inquiries
made by the Aktobe procurator’s office in May 2004, it was established that Mr.
Vrasily D. Kliver, the leader of the International Council of Evangelical
Christians/Baptists in Aktobe, regularly conducted religious services without having
registered this association.
225.
On 5 May 2004, Mr. Kliver, the leader of the aforesaid religious association
presided over a religious service attended by 30 people at a private residence located
at 30 (b) Klenovaya Street. As a result, the Aktobe procurator’s office instituted
proceedings in connection with an administrative offence contrary to article 375,
paragraph 1, of the Code of Administrative Offences of the Republic of Kazakhstan
(administrative liability for failure by leaders of religious associations to register an
association with the State authorities).
226.
By its decision of 7 June 2004, Aktobe city court ruled that Mr. Kliver had
committed an administrative offence contrary to article 375, paragraph 1, of the
aforesaid Code, on account of which he was fined 9,100 tenge and the activities of the
association were suspended for three months. He was also fined 1,838 tenge for
violating article 521 of the Code (failure to obey a subpoena or to give evidence). No
appeals or objections were lodged against this decision.
227.
Moreover, Mr. Kliver had previously been the subject of administrative
proceedings in connection with his failure to register a religious association, as
indicated by the following judicial decisions:
-Decision of Aktobe city court dated 12 June 2001 in connection with an
offence contrary to article 375, paragraph 1, of the Kazakh Code of
Administrative Offences (a warning);
-Decision of Aktobe city court dated 19 February 2002 in connection with an
offence contrary to article 375, paragraph 1, of the Code of Administrative
Offences (fined 823 tenge);