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.

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