JUDGMENT NO. 12.-UPPER SILESIA (MINORITY SCHOOLS) 32 It follows from the proceedings in the present case that the Governments concerned are not in agreement as to the principle which, as regards the two portions of Upper Silesia, determines the question whether a person belongs or not to a racial, linguistic or religious minority. Basing itself upon Article 74, which prohibits the authorities from verifying or disputing "the question whether a person does or does not belong" to such a minority, Germany is of the opinion that by this article the Parties have by cornmon agreement adopted the principle that this question must be left to the subjective expression of the intention of the persons concerned, and that this intention must be respected by the authorities even where it appears to be contrary to the actual state of facts. On the other hand, Poland considers that the question whether a person does or does not belong to one of the said minorities is a question of fact and not one of intention, and that such is the true meaning of the provisions of Division 1 of the third Part of the Geneva Convention, provisions which could not be modified by those of Division II of that Part. If Article 74 leads to the conclusion that the persons concerned may themselves declare whether they do or do not belong to the minorities in question, such a declaration must be in accordance with the facts. A person who, in a manner clearly contrary to the facts, were to declare that he belongs to a minority would, in the opinion of the Polish Government, be committing an abuse which could not be tolerated. The Court is of opinion that Poland is justified in construing the Minorities Treaty (the provisions of which, subject to slight modifications of no importance in this connection, are embodied as such in Division 1 of the third Part of the Geneva Convention) as meaning that the question whether a person does or does not belong to a racial, linguistic or religious minority, and consequently is entitled to claim the advantages arising under the provisions which the Treaty comprises with regard to the protection of minorities, is a question of fact and not solely one of intention. The Treaty became directly operative over the whole of the territories which the Treaty of Versailles transferred from Germany to Poland. Although the Minorities Treaty does not specifically state what persons belong to a minority, it must not, therefore, be inferred that