E/CN.4/1989/44 page 46 "In recent years, efforts have been made to rule out cases of arbitrary denials by individual officials of registration that happened in the past; the new legislation to be adopted is also meant to achieve this objective. In the first five months of 1988, 90 Orthodox communities were registered out of a total number exceeding 160 communities of various denominations. Communities of Baptists, Seventh Day Adventists, and Krishnaites are being registered in the USSR. Religious associations of Jehovah's Witnesses have not applied for registration. "It is wrong to assert that 225 believers were detained in the USSR for their religious activities or for human rights activities motivated by religious faith. Criminal prosecution for religious beliefs does not exist in the USSR, and criminal responsibility does not arise from religious activities or activities in defence of the rights of believers. Criminal or administrative procedures are instituted in respect of persons systematically violating Soviet legislation, including the Law on the Separation of Church and State (RSFSR, Penal Code, arts. 142 and 227) that is for incitement to disobey laws, impairing the health, integrity and rights of citizens, disturbing public order under the guise of performing religious rites, committing fraudulent acts for the purpose of encouraging religious superstitions, and collecting illegal taxes. Further liberalization of legislation in this field is now under consideration. "According to the data provided by the competent Soviet authorities, the total number of persons now serving terms for violating legislation on religious rites does not exceed 40 also including those concurrently sentenced on other counts. Moreover, there is not a single member of the "Pentecostal" communities (including that in the town of Chuguevka) nor a single Muslim now serving a term of criminal punishment for violating legislation on religious rites. "Concerning the cases of the sentencing of certain citizens under other articles of the Penal Code, neither their religious nor, to the same extent, atheistic beliefs may be claimed as grounds for exemption from responsibility. "(One name provided) was sentenced in September 1986 to seven years of deprivation of liberty under article 70, part 1 of the Penal Code of the RSFSR. Having reviewed a protest lodged by the Office of the Procurator of the USSR, the Supreme Court of the RSFSR reduced his term of punishment. (Name provided) was released from his place of confinement in late October 1988. "(One name provided), who was sentenced in 1983 to seven years of deprivation of liberty for anti-Soviet agitation and propaganda, was exempted from the rest of his term of punishment by decision of the Presidium of the Supreme Soviet of the USSR in 1988 and has left for the Federal Republic of Germany to settle there permanently.