E/CN.4/2004/63/Add.2 page 16 73. In 1948 the Greek Catholic Church was banned by Decree No. 358/1948 and some members of its clergy were arrested. However, the Church carried on its activities in secret. The Greek Catholic churches and other parish buildings were confiscated and handed over to the Orthodox Church. Other properties belonging to Greek Catholic communities were also confiscated and became the property of the State. After the 1989 revolution, Decree No. 358/1948 was repealed and the Greek Catholic Church was again recognized. According to Decree-Law No. 9 of 31 December 1989: “With the aim of immediately eliminating from our country’s legislation certain laws and regulations in force during the preceding dictatorial regime which by their discriminatory and unjust nature caused significant material and spiritual harm to the Romanian people, and desiring to re-establish the legitimate interests of all citizens and to normalize relations with the State, the National Council of the National Salvation Front decrees the following: Sole article. All of the following are repealed: […] (20) Decree No. 358/1948 defining the legal status of the former Greek Catholic religion.” 1. Legal framework and the attitude of the authorities 74. With regard to the confiscated real estate, the Government adopted Decree-Law No. 126/1990 laying down the legal provisions and procedure for the return of property that had belonged to the Greek Catholic Church. With regard to the property in the possession of the State, article 2 of Decree-Law No. 126/1990 stipulates that: “The property seized by the State pursuant to Decree No. 358/1948 and currently in the possession of the State shall, with the exception of agricultural lands, be returned in their present state to the Romanian Greek Catholic Church United with Rome. For the sole purpose of establishing identification procedures, a commission shall be set up consisting of representatives of the State and the Romanian Greek Catholic Church United with Rome appointed by the Government to draw up the inventories and procedures necessary for restitution.” 75. With regard to the religious property confiscated from the Greek Catholic Church and handed over to the Orthodox Church, which is the most complex issue in the whole question of restitution, article 3 of the same decree-law stipulates that: “[With regard to] the legal status of the religious property and parishes that once belonged to the Romanian Greek Catholic Church United with Rome and that was subsequently taken over by the Romanian Orthodox Church, a joint commission shall be set up consisting of representatives of the two religions, taking into account also the wishes of the members of these communities.”