E/CN.4/2005/61/Add.1 Page 5 community applied for registration on 29 January 2002 but the application was denied because the community refused to observe two legal provisions according to which it should register with the Caucasian Muslim Board and indicate a legal address. The community is therefore not entitled to use this building as a mosque, which does not imply that members of the community are prohibited from worshipping in any mosque, including “Juma” mosque. 13. Regarding the arrest of Ilgar Ibrahimoglu Allahverdiev, he was charged for his participation in the mass disturbances of 15 and 16 October 2003 in Baku organized by activists of some political parties that wanted to influence the results of the presidential elections. Ilgar Ibrahimoglu Allahverdiev was accused of breaching articles 233 (organization of and participation in mass disturbances) and 315.2 (resistance to representatives of the authorities) of the Criminal Code. 14. On 29 March 2004, the Special Rapporteur transmitted additional information on the “Juma” mosque according to which, in the wake of a court decision of 1 March 2004 to expel them from their place of worship, members of the mosque were warned by a court official that they would be evicted by force. The judgement allegedly stated that the community was being stripped of its place of worship because it had no agreement from the Old City authorities to use the building, that it did not undergo reregistration as a religious community with the State Committee for Work with Religious Organizations, and that it was not subject to the Caucasian Muslim Board. The community rejected these arguments, indicating that it had repeatedly tried to reach an agreement with the Old City authorities, who failed to respond to their applications; that its 1993 registration as a religious community with the Ministry of Justice had never been revoked and therefore remained valid; and that the requirement in the country's religion law that mosques should be subject to the Muslim Board violated Azerbaijan's international human rights commitments. 15. On 9 August 2004, the Government replied, in addition to information already provided in its previous letter, that since the activities of the religious community in question were considered unlawful, the Board of Muslims of the Caucasus had appointed a new imam to the mosque, which does not restrict the freedom of conscience of those who worship in this mosque. Moreover, the Baku Office of the Center of Protection of Religious Freedom and Freedom of Conscience (DEVAMM), headed by Ilgar Ibrahimoglu Allahverdiev, has a separate building in the Inner City where it has continued its activity. The mosque is currently under renovation and will restart its activity after the works are completed. 16. Ilgar Ibrahimoglu Allahverdiev, who claims to be the imam of the "Juma” mosque, graduated from the Islamic education faculty of Qazvin University in the Islamic Republic of Iran in 1998 and taught a post-graduate course in Tehran University from 1998 to 2002. After his return to Azerbaijan, the Government notes that he engaged in activities with the "Islam Ittihad community”. In addition to statements made against the secular regime, he advocated Islamic revolution and the advantages of Iranian life during religious courses. The leadership of the community carried out activities to establish cooperation among radical Islamic organizations and communities in Azerbaijan. One activity of "Islam Ittihad" is the training of "Islamic Observers".