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);

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