A/HRC/7/10/Add.1 page 59 precondition for practicing one’s religion, but may only be appropriate for the acquisition of a legal personality and related benefits. In the latter case, registration procedures should be easy and quick and not depend on extensive formal requirements in terms of the number of members or the time a particular religious group has existed. Re-registration requirements that operate retroactively or fail to protect vested interests should also be questioned and an adequate transition period should be envisaged concerning the application of new registration rules. Furthermore, the draft law of June 2007 seems to unduly restrict religious activities of smaller religious groups and minorities. Finally, the Special Rapporteur would be appreciative to receive the requested list of banned religious literature. Turkmenistan Communication sent on 17 July 2007 250. The Special Rapporteur brought to the attention of the Government information she had received concerning Mr. Nuryagdy Gayyrov and Mr. Bayram Ashirgeldyyev who were reportedly arrested on 14 June 2007 in Turkmenistan for refusing to perform compulsory military service on grounds of religious conscience. Both are Jehovah’s Witnesses and were reportedly charged with “evasion of call-up to military service” in violation of article 219, part 1 of the Turkmenistan Criminal Code and are believed to be detained in pre-trial detention in Ashgabat. Mr. Gayyrov was jailed in 1999 for one year for the same offence. It is the Special Rapporteur’s understanding that the cell where they are currently detained is very crowded with 20-30 others and is also very hot and lacking in ventilation. It is reported that Mr. Gayyrov and Mr. Ashirgeldyyev have been unable to meet with either their defence lawyers or family members. Observations 251. The Special Rapporteur regrets that she has not received a reply from the Government concerning the above mentioned allegation. She would like to refer to Resolution 1998/77 of the Commission on Human Rights, which draws attention to the right of everyone to have conscientious objections to military service. The Human Rights Committee recently observed “that while the right to manifest one’s religion or belief does not as such imply the right to refuse all obligations imposed by law, it provides certain protection, consistent with article 18, paragraph 3, against being forced to act against genuinely-held religious belief” (CCPR/C/88/D/1321-1322/2004, para. 8.3). In line with the Human Rights Committee’s General Comment No. 22, there shall be no differentiation among conscientious objectors on the basis of the nature of their particular beliefs when the right to conscientious objection is recognized by law or practice; likewise, there shall be no discrimination against conscientious objectors because they have failed to perform military service. Communication sent on 25 July 2007 252. The Special Rapporteur brought to the attention of the Government information she had received concerning Mr. Vyacheslav Kalataevsky, a Ukrainian citizen aged 49 years, who has been sentenced by the Turkmenbashi city court to three years of hard labour for crossing the border illegally. Reports suggest that this punishment is related to his religious activities as leader of a congregation which is part of a network of independent Baptist churches in Turkmenistan.