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