E/CN.4/1989/44
page 24
50. On 25 November 1988, the Permanent Mission of Italy communicated the
reply of the Italian authorities to the Special Rapporteur's letter of
19 October last. The reply stated, in particular:
"The Church commonly referred to as the Church of Scientology is not
considered in Italy to be a religious denomination, since its formal
recognition, under the terms of the 1929 Act, has never been requested.
"This Church must consequently be regarded in the same manner as a
private association governed by ordinary law, which ensures all the
freedoms indispensable for it to operate within the framework of the
Italian leqal system.
"In the event of an offence being committed on the territory of the
State, the representatives and members of this Church would be liable to
criminal prosecution like any other person.
"The criminal proceedings instituted in the Milan Court, and still
in progress, were in fact set in motion by the alleged infringement of
Italian criminal law.
"The much-disputed provision - adopted by the examining magistrate
on 28 November 1986 (applied on 4 November 1986) - decreeing the search
and closure of the premises of the association and all related structures
throughout the national territory, constitutes a common precautionary
measure typical of the preliminary investigation.
"The arrest of certain members of the "Church of Scientology", which
has been criticized also represents a precautionary custodial measure
resulting from the imputation to these persons of the offences of
extortion, swindling, dereliction of duty, etc.".
Malaysia
51. In a communication of 3 October 1988 addressed to the Government
concerned, the following information was transmitted by the Special Rapporteur:
"It has been alleged that provisions of article II, paragraph (4),
of the Constitution, which establishes a control or restriction on the
propagation of any religious doctrine or belief among persons professinq
the religion of Islam, have had a negative impact on the enjoyment of
freedom of thought, conscience and religion. It has been reported that
since the beginning of the 1980s a number of laws (The Control and
Restriction of the Propagation of Non-Islamic Religions Enactment) have
been implemented in the constituent states of Kelantan, Trengganu,
Malakka and Selangor and that these laws, based on article II,
paragraph (4) of the Constitution, are aimed at curbing the propagation
of non-Islamic doctrines amongst Muslims. It has also been alleged that
the adoption of the Constitution Amendment Act 1988 revising article 121
of the Constitution, whereby the appeal competence of the Supreme Court
has been devalued and the position of the Syariah Court implementing
Islamic law strengthened, has resulted in a form of coercion for
non-Muslims to accept Muslim principles of conduct.