E/CN.4/2005/61/Add.1 Page 12 and residential dwellings have been erected on the site where the monastic structures used to be located. 42. Finally, the Government stresses that article 39 of the Act has established liability for the induction of juveniles into religious organizations and the teaching of religion to juveniles against their will and without the consent of the parents or persons acting in loco parentis. Nevertheless, article 5 of the Act specifies that parents or persons acting in loco parentis are entitled by mutual consent to bring up their children in accordance with their own attitude towards religion. The State may not interfere in the upbringing of a child based on the particular religious views of the parents or persons acting in loco parentis, except in cases where inducement to perform religious acts directly threatens the child's life and health or violates his or her legal rights. This provision is consistent with article 18, paragraph 4, of the International Covenant on Civil and Political Rights, which recognizes the liberty of parents and legal guardians to ensure the religious and moral education of their children in conformity with their own convictions. With regard, in particular, to the question about the requirement of local authorities that religious organizations should provide lists with the names and dates of birth of children attending Sunday schools, it is pointed out that this has not been made compulsory and information has only been requested about the number of study groups and the approximate number of children attending such schools. 43. On 10 June 2004, the Special Rapporteur sent a communication to the Government of Belarus regarding thousands of Jewish graves that were reportedly desecrated since June 2003 in the western town of Grodno, where the site of an historic cemetery was being excavated to allow the expansion of a football stadium. Grodno's 300-year-old cemetery was reportedly used for burials until the 1950s. It was reportedly taken over by the Soviet authorities in 1958. The tombstones were destroyed and Grodno's current football stadium was built on about a fifth of the cemetery. The work allegedly aimed at expanding the football stadium and providing extra sports facilities. Among those buried in the cemetery are reportedly thousands of Jews killed in the Holocaust and important Jewish sages, including Reb Nochumka Horodna, the Yesod Veshoresh Hoavoda and the Gaon Rav Shimon Khkop. 44. By letter dated 27 December 2004, the Government of Belarus responded that the above allegation was completely false. The Jewish cemetery is not being destroyed and the stadium, built in 1964 on the site of a cemetery that had been closed in 1949, is being refurbished. 45. Until the end of the 1940s, a Jewish cemetery was situated approximately within the confines of Gorky, Kalinovsky and Kommunalnaya streets but no Holocaust victims were buried in that cemetery. Pursuant to Decision No. 276 of 26 April 1949 of the executive committee of the Grodno city Soviet of Workers’ Deputies, the aforementioned Jewish cemetery was closed. The relatives of the deceased reburied their remains. On 16 July 1960, pursuant to Decision No. 478, the plot of land was given to the Grodno oblast Council of Trade Unions for the construction of a stadium.

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