E/CN.4/1989/44 page 16 "(i) Misinterpreting, undermining or manipulating the State's Ideology, Pancasila, or the Guidelines of State Policy; or "(ii) Discrediting or overthrowing the legitimate Government or the State apparatus; or "(iii) Incitinq, spreading or encouraginq hatred, or promoting social unrest or public disorder amongst members of society within the country or between Indonesia and a friendly country. "Article 55, paragraph 1, of the Penal Code stipulates that a guilty person would be: "(i) An individual who commits an offence, orders the execution of the offence or who collaborates in the execution of that offence. "(ii) An individual who gives, promises or misuses his power or influence, or who forces, threatens, tricks, permits or persuades a third party deliberately to commit an offence. "It should be noted that at every stage, the due process of law was observed, the trial was fair and was open to the public. "It is pertinent to note that in addition to Mr. ..., the four other persons referred to in your communication have also been brought to trial not because of their religion but because, according to the prevailing laws and regulations in Indonesia, they were involved in an attempt to overthrow the legitimate Government. "(b) The case of Mr. (name provided), aged 44, a tailor from Yogyakarta who was sentenced by the Court of First Instance of Yogyakarta to three years imprisonment for allegedly distributing copies of a banned Muslim newspaper. He was found guilty not because he is a Muslim or for his Islamic religious activities but because he had committed a criminal offence. "Having listened to the evidence before it, the Court by its decision of 29 January 1987 found Mr. ... guilty of the charges levelled against him. "This decision was confirmed in the first instance by the decision of the Appeal Court of Yogyakarta dated 5 March 1987 which found him guilty of having committed a crime under article 155, paragraph 1, together with article 55, paragraph 1, of the Penal Code and he was sentenced to three years' imprisonment.