E/CN.4/1989/44
paqe 39
"All the three cases involved activities exceeding the framework of
legality as set by the Constitution and the law and thus establishing
liability to penal sanctions under the law. (Two names provided)
committed, moreover, acts which, while being totally unrelated to the
exercise of the right to freedom of religion, had a bearing on the
security of the State.
"The action taken by the Czechoslovak judicial authorities fully
conforms to article 1, paragraph 3, of the Declaration on the Elimination
of All Forms of Intolerance and of Discrimination Based on Religion or
Belief as well as to article 18, paragraph 3, of the International
Covenant on Civil and Political Rights."
69. On the same date, the Permanent Mission of the Czechoslovak Socialist
Republic communicated the reply of the Czechoslovak Government to the Special
Rapporteur's letter of 19 October. The reply stated, in particular:
"For four years, (name qiven) wrote and duplicated a number of
illeqal writings and reviews, which in addition to irreproachable
articles on religious subjects also contained articles and phrases
constituting propaganda for the period of the so-called Slovak
State ... a fascist puppet vassal of Hitlerian Germany during the period
1939-1945. (Name given) used his writings for propaganda for the
clerical-fascist movement and its leaders. The latter were sentenced to
death in 1947 by the National Court for their anti-populist activity
during the period of the so-called Slovak State, for their participation
in the Second World War, the persecution of progressive, anti-fascist
forces, the extermination of the Jewish population and war crimes during
the repression of the national Slovak insurrection.
"In the publications produced and distributed by him, (name given)
also attacked the constitutional order in Czechoslovakia and the
country's constitutional authorities and territorial integrity; he sowed
discord between the Czech and Slovak nations.
"Under article 98 (1) and (2) (b) of the Criminal Code, (name given)
was sentenced on 17 June 1988 by the regional court of Banska Bystrica to
four years' imprisonment for the offence of subversion of the Republic.
"The Supreme Court of the Socialist Slovak Republic at Bratislava
confirmed the sentence on 30 August 1988.
"As emerges from the above facts, the sentencing of (name given) has
no relation with the practice of religious freedoms as guaranteed by the
Constitution of the Czechoslovak Socialist Republic and by the relevant
leqal regulations."
Turkey
70. In a communication of 3 October 1980 addressed to the Government
concerned, the following information was transmitted by the Special Rapporteur:
"It has been alleqed that more than 50 people have been arrested
since mid-February 1988 for participation in Christian religious
activities or the distribution of Christian literature. Most of them
were reportedly charged With 'Christian propaganda'.