E/CN.4/2006/5/Add.1 Page 7 was called up for military service on 27 May 2004, whereas he submitted a written request on 29 April 2004. 19. In accordance with Article 78 of the Civil Procedure Code, evidence should be submitted by the concerned persons to court of first instance. Mr. Baghirov had not submitted any evidence of his cleric activities since 2002 to the first instance court. During the examination of the case in the court of appeal, Mr. Z. Baghirov and his representative could not explain the reasons why they had not submitted this evidence to the first instance court. 20. The panel of judges noticed that the head of the “Jehovah Witnesses” community, L.A. Moroz, described Mr. Z. Baghirov, in the application No. 20 dated 29 May 2004, as a member of the community and not as a cleric. Thus, the allegation that Mr. Baghirov was a cleric was neither in the application of 29 May 2004 nor in that of 9 September 2004 21. Accordingly, the Court considered that there were unsubstantial grounds to prove that Mr. Baghirov was an active cleric of the “Jehovah Witnesses” community since 2002. The decision was confirmed by the Supreme Court of Azerbaijan. Additional response from the Government dated 19 April 2005 22. The Government informed the Special Rapporteur that the Officials of the State Committee for Work with Religious Organizations periodically give interviews to mass media on the religious situation in the country, that the data provided by the Chairman of the State Committee was based on concrete facts and guided by the relevant legislation of Azerbaijan and that, at the same time, this information serves the right of citizens to receive information. 23. The Government indicated that “The Seventh Day Adventists” and the Jehovah Witnesses had been warned not to distribute illegal religious propaganda and that this warning did not contradict the relevant national legislation. The local religious communities including “The Seventh Day Adventists” accepted the complaints expressed to them and notified that they would try not to commit any violations. This issue had been discussed with Victor Vitko, Secretary General of the Eurasia section of the International Association of Religious Minorities. 24. The registration of the Grace Church was eliminated in 2002 in accordance with the relevant court verdict. Representatives of the OSCE, UN and Council of Europe participating at the court hearings did not have any objections concerning this case because there was sufficient evidence to eliminate registration. In its work, the State Committee for Work with Religious Organizations acts in compliance with the existing legislation of the Republic of Azerbaijan. Observations 25. The Special Rapporteur is grateful for the detailed response regarding Mr. Mahir Baghirov. However, she would like to refer the Government’s attention to Article 1 of Resolution 1998/77 of the Commission on Human Rights, which draws