A/HRC/4/21/Add.1 page 51 Kyrgyzstan Communication sent on 1 September 2006 jointly with the Special Rapporteur on Human Rights and counter terrorism and the Special Rapporteur on extrajudicial, summary or arbitrary executions 214. The Special Rapporteurs brought to the attention of the Government information concerning the case of Mr. Mohammadrafiq Kamoluddin, imam of a mosque in the city of Kara-Suu, Mr. Ayubkhodja Shahobidinov and Mr. Fathullo Rahimov. According to information received, on 6 August 2006, the above-mentioned individuals were killed in the city of Osh as the result of an alleged counter-terrorism operation, led by the National Security Service of Kyrgyzstan, in cooperation with the security forces of Uzbekistan. It has been reported that these individuals were suspected members of the Islamic Movement of Uzbekistan and were planning to carry out a terrorist attack on the territory of the State of Uzbekistan. Other reports highlight that it was not alleged that Mr. Mohammadrafiq Kamoluddin was a member of the Islamic Movement of Uzbekistan or that he was involved in the commission of terrorist acts. Observations 215. The Special Rapporteur is concerned that she has not received a response from the Government and she would be grateful if the Government indicated the legal basis for designating an individual or an entity as “terrorist” as well as the consequences of such qualification under the law of Kyrgyzstan. Furthermore, the Special Rapporteur would like to refer to her most recent annual report to the Human Rights Council where she also covers the issue of “Violations linked to counter-terrorism measures” (A/HRC/4/21, para. 40): “The Special Rapporteur is conscious of the fact that the States’ obligation to protect and promote human rights requires them to take effective measures to combat terrorism. However, she would like to underline that States must ensure that any measure taken to combat terrorism complies with their obligations under international law, in particular international human rights, refugee and humanitarian law.” 216. The Special Rapporteur also hopes to receive a reply from the Government further to her letter sent in 2004 asking for an invitation to visit Kyrgyzstan to assess the situation of freedom of religion or belief. Malaysia Urgent appeal sent on 22 December 2005 217. The Special Rapporteur brought to the attention of the Government information she had received regarding Mr. Everest Moorthy. According to the allegation received, Mr. Everest Moorthy is scheduled to be buried on 23 December 2005 according to Islamic religious rites because he allegedly converted to Islam a few weeks before he died. However, it is also reported that the family of the deceased is opposing such funerals because they contest the genuineness of the conversion. They, inter alia, claim that they were not informed of the conversion by the deceased himself although they had been continually in contact with him before he died. Moreover, the conversion of Mr. Everest Moorthy did allegedly not take place under the usual procedure. It is also reported that while the case has been brought to the High Court of Malaysia