E/CN.4/1998/6/Add.2
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identity crisis, that in an increasingly secular world the major Churches
were losing members and encountering financial difficulties, whereas the
minorities, including Scientology, had an increasing following and, as new
religions, were running into opposition.
74.
On the question of the situation of members of the Church of
Scientology, its representatives explained that any member was free to leave
the Church, that he was not obliged to abandon his family and society, and
that his financial contributions were voluntary. The existence of punishment
camps in the United States was denied, and it was explained that they were in
fact rehabilitation centres for Scientology members. The representatives
added that, despite 10 years of inquiries into Scientology in Germany, it had
not been possible to establish any proof of any criminal activity.
75.
Concerning the Bundestag Study Commission, the Scientology
representatives stated that they had been invited to appear before it, but
they had laid down certain conditions, namely, that the Commission's files on
them should be made available so that they could answer any allegations.
Since that condition had not been met, they had decided not to appear before
the Commission, but to apply to the courts in order to obtain the files in
question. According to the Scientology representatives, it was essential that
their Church's case should be given due consideration in a fair trial based on
the facts, so that an objective decision could be reached. They further
stated that the members of the Commission had already decided that Scientology
was not a religion.
76.
In his interviews with the authorities, the Special Rapporteur collected
a great deal of documentation and very detailed explanations on the subject of
Scientology. As far as the Federal Government's position is concerned, it
considers that the Scientology organization only calls itself a church as a
front behind which it pursues its economic interests. From what has been said
by the founder of Scientology, Ron Hubbard, and by Scientology itself, not to
mention the accounts of former members, it chose to call itself a religion,
according to the German authorities, first, in order to avail itself of the
legal and tax advantages enjoyed by religious communities, and secondly, in
order to sell its products better (e.g. management training, business
management know-how, etc.) and to be able to smear any critics by talking
about persecution of a church (for example, in connection with a Scientology
campaign, the measures taken against it by Germany were compared to the Nazis'
attitude to the Jews). The Federal Labour Court, for its part, decided that
the Scientology organization was a commercial enterprise (see I.C).
77.
However, according to the German authorities, the question whether
Scientology can be classified as a religion or not can be left aside; the
important thing is respect for the existing legal order. According to the
German representatives, the measures taken with respect to Scientology are
simply designed to protect citizens and the liberal democratic order. On
6 June 1997, the Conference of Ministers and Senators of the Interior of the
Länder concluded that the legal conditions were met for Scientology to be kept
under observation by the services responsible for the protection of the
Constitution. Under article 3 (1) of the Federal Law on the Protection of the
Constitution, the Federal Office for the Protection of the Constitution is
required to keep under observation tendencies directed against the fundamental