E/CN.4/1989/44 page 38 67. In a communication of 19 October 1988, the following information was transmitted: "It has been reported that (name provided), aqed 52, was arrested in November 1987 and charged with 'promoting and supportinq fascism' after 1,000 items, mostly of reliqious literature, were discovered in his home- The charges were reportedly later chanqed to 'subversion', which carries a heavier sentence. On 17 June 1988 Mr. ... was reportedly sentenced to four years' imprisonment." 68. On 15 November 1988, the Permanent Mission of the Czechoslovak Socialist Republic communicated the reply of the Czechoslovak authorities to the Special Rapporteur's letter of 21 July 1988. The reply stated in particular: "Mr. (name provided) was convicted on 6 April 1987 by the District Court at Poprad of impeding control on churches and religious communities (Penal Code, sect. 178) and sentenced to eight months' imprisonment without suspension. He violated the provision of section 178 of the Penal Code by celebrating masses and performing other clerical services after his State licence for the performance of clerical activities had been withdrawn from him because of his earlier punishable activities for which he had also received an unsuspended sentence of imprisonment. "...'s appeal against the judgement on 6 April 1988 was dismissed by the Regional Court at Kosice which upheld the judgement of the court of first instance. "Mr. (name provided) was convicted on 23 October 1987 under section 178 and also sections 7, paragraph 1, and 100 of the Penal Code (for engaqing in preparations for seditious incitement) and received a suspended sentence of 13 months' imprisonment with two years* probation. He was also sentenced to forfeiture of the ... items [referred to]. Mr. ... violated the provisions of the Penal Code mentioned above by conducting illicit duplication of religious material and duplication of texts whose contents were directed against the State. "In appellate proceedings held on 4 November 1987, the Regional Court of Ostrava upheld the judgement of the court of first instance. "Mr. (name provided) was convicted in November 1986 of illicit duplication of religious literature and duplication of texts directed against the State under sections 7, paragraph 1, and 100, paragraphs 1 (a), and (c) and 3 (a), of the Penal Code and sentenced to two years' imprisonment without suspension. In appellate proceedings, on 11 June 1987, the penalty was commuted to a suspended sentence of 14 months' imprisonment with three years' probation. "The information qiven above illustrates that all the said persons were sentenced on the basis of proven violations of valid Czechoslovak law. The sentences imposed upon them cannot be regarded as a breach of the right of every Czechoslovak citizen guaranteed by the Constitution to profess any religious faith and perform religious rites as far as this does not contravene the law (see art. 32 of the Constitution of the Czechoslovak Socialist Republic).