E/CN.4/2006/5/Add.1 Page 13 48. The Government informed that the Full Gospel Church of Jesus Christ in Kozenki also does not have a legal address. The declared address for re-registration is a family home to five children. As such, the agency of tutorship and guardianship refused permission for the premises to be used as the legal address of the religious community, considering that it would be detrimental to the children’s living conditions. The organizers have not filed another application for re-registration with the authorities, specifying another legal address. 49. The Brobuisk Krishna Consciousness Society has, according to the local authorities, essentially ceased its activities. The International Society for Krishna Consciousness applied for re-registration. The membership of this community includes none of the leaders or organizers of the previously registered religious community and its title and legal address have changed. These changes were not made in accordance with the correct procedure and re-registration was therefore denied for lack of legal continuity. The way out of the impasse was to wind up the former legal entity that had ceased its activities and register a new community under the proper procedure. The Mogilev Society for Krishna Consciousness was denied registration for procedural shortcomings during the application process. The Minsk Society for Krishna Consciousness was denied re-registration because the address it submitted as its legal address was a residential address, which is not allowed. The Minsk Society for Krishna Consciousness appealed the initial decision but the initial judgment of the authorities was upheld in appeal. Because this society continued to hold religious services nonetheless administrative proceedings were brought against them. 50. With regard to the re-registration of evangelical Baptist churches, six Baptist comm unities in the cities of Brest, Kamenets and Bereza and the villages of Chernavchitsy and Ostromechevo in Brest district have been re-registered after they complied with registration procedures. Observations 51. The Special Rapporteur is grateful for the Government’s response and draws its attention to Resolution 2005/40 of the Commission on Human Rights, in which the Commission urged States, “[t]o review, whenever relevant, existing registration practices in order to ensure the right of all persons to manifest their religion or belief, alone or in community with others and in public or in private” (Paragraph 4(c)). In this regard, the Special Rapporteur wishes to emphasize that the right to freedom of religion is not limited to members of registered religious communities. As she noted in her previo us report to the Commission on Human Rights, referring to the OSCE/ODIHR Guidelines for Review of Legislation pertaining to Religion or Belief, “registration should not be compulsory, i.e. it should not be a precondition for practicing one’s religion, but only for the acquisition of a legal personality and related benefits” (E/CN.4/2005/61, para. 58). 52. Moreover, the Special Rapporteur takes this opportunity to remind the Government of the views of the Human Rights Committee of 23 August 2005 on communication No. 1207/2003 (Malakhovsky and Pikul v. Belarus, CCPR/C/84/D/1207/2003) in which the Committee found a violation of Article 18 of the International C ovenant on Civil and Political R ights, following the refusal to register Minsk Vaishnava community as a religious association. In its decision the

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