E/CN.4/1998/6/Add.2 page 19 democratic and liberal order, or the existence or the security of the Federal Republic or a Land, or aimed at illegally attacking the constitutional organs of the Federal Republic or a Land or their members. According to the German authorities, what has to be done first of all is to observe whatever tendencies may be evident in Scientology that are contrary to or incompatible with the basic democratic and liberal order. Under article 4 (1) of the Federal Law, such tendencies are specific forms of political behaviour within or on behalf of an association of persons - designed to nullify one of the constitutional principles. The collection of information depends on the existence of real evidence, under article 4 (1) of the Federal Law. According to established precedent, real evidence within the meaning of the Federal Law is present when there are circumstances making it reasonable to suppose that such tendencies exist and hence requiring further research. It suffices for the body of available evidence taken together to imply the existence of the tendencies in question, even if no individual piece of evidence is enough in itself. Furthermore, mere presumptions or suppositions that there could be tendencies going against the basic democratic and liberal order are not enough. The term “real evidence” allows some room for the exercise of judgement in its interpretation, but as an undefined legal concept it is entirely subject to the judge's discretion. The Conference of Ministers and Senators of the Interior of the Länder considered that there was real evidence about Scientology implying tendencies directed against the basic democratic and liberal order. According to the authorities, this evidence is to be found in the use made of Scientology publications, in statements by ex-Scientologists and in information obtained in judicial proceedings at the national and international levels, from which the following objectives may be inferred: according to the authorities, Scientology gets a hold not just over its members, through immoral and illegal techniques of psychological manipulation and repression, but also over the State and society. There is real evidence to show its intention of establishing a Scientological society (in particular, a Scientological legal system) and dominating the existing order by tyranny and despotism. 78. The measures for keeping scientology under observation are designed to check whether the evidence found can be confirmed or invalidated. The Conference of Ministers and Senators of the Interior of the Länder will therefore review, in a year's time, the question whether or not Scientology should continue to be kept under observation. The authorities have pointed out that being under observation was not preventing Scientology from pursuing its activities and that the services responsible for the protection of the Constitution did not have police powers in performing their duties and could not carry out enforcement measures such as searches, hearings and seizures. According to the German representatives, the charge made by Scientology that the purpose of keeping it under observation is merely to prepare for banning it is pure speculation. 79. With regard to the measures taken in Bavaria, the authorities explained that they were directed against the system of Scientology and not against individuals in need of counselling and assistance. They added that an individual's beliefs were not the business of the State, which had to react when the freedom of the individual or democratic principles were threatened. Since 1 November 1996, candidates for jobs in the Bavarian civil service have to state in a questionnaire whether they have relations with scientology. The

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