E/CN.4/1998/6/Add.2 page 18 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

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