Outraged at the Scientology Decision

JU Chief Haedke want to appeal

Munich, Germany
July 3, 2001
Sueddeutsche Zeitung
http://www.sueddeutsche.de

Joachim Haedke, CSU State Assembly Representative and Chief of the Munich Junge Union (JU) wants to appeal a decision whereby he was prohibited from calling for a boycott against the businesses of the Scientology sect. "It is a shame that a Bavarian court is being counterproductive this way in the fight against Scientology," Haedke told the Sueddeutsche Zeitung (SZ). As the SZ reported on Monday, a civil chamber of the Munich I State Court prohibited the JU chief, on penalty of up to a half million mark fine, from calling companies to boycott the sect, which has been categorized as anti-democratic. Scientology's New Era Publications, which distributes books from sect founder L. Ron Hubbard, sued. "It is unbelievable that a youth organization is no longer allowed to say that Scientology is dangerous," Haedke criticized the court's decision. He posed the question of whether the judge "would have decided in like manner if it had been about advertisement for Nazi propaganda." He said the court "had not been prepared to adequately deal with the topic." Haedke announced that he would appeal. Provided, however, that the CSU had the money to continue with the proceedings." So far the legal process has cost the Junge Union 15,000 marks. jbb


Haedke loses in fight for Scientology Boycott

Munich, Germany
July 2, 2001
http://www.sueddeutsche.de
Süddeutsche Zeitung

Joachim Haedke, State Representative and regional chairman of the Munich "Jungen Union," on penalty of up to a 500,000 mark fine, may no longer call for the boycott of advertising companies that advertise for Scientology. The decision of the Munich I State Court's 30th civil chamber has now been released (Az: 30 0 21972/00). In it Haedke is said to have threatened to publish the names of the firms which had not accepted his call to boycott Scientology's advertisement. In a press release he had already named the New Era Publications GmbH, which had done poster advertising for the book "Scientology - the Fundamentals of Thought" by L. Ron Hubbard.

The publishing company viewed that as impermissible interference in its right to operate and as unconstitutional interference with freedom of opinion. The court found that to be right. It did not view a call for boycott as freedom of speech protected by Basic Law. cw.

The complete decision on the internet under: www.menschenrechtsbuero.de/ju.htm [note: the German OSA site]


Surveys not required and more

Domestic politics short announcements

Munich, Germany
April 19, 2001
Tagesspiegel

An employee in civil service does not have to fill out and sign the survey on relations with the Scientology organization. That was the decision come to by the Munich labor court (case number: 23 Ca 1178/00). The Bavarian Interior Ministry explained, however, that filling out the surveys would remain mandatory for job applicants. The complainant in the Munich case was already employed.


Labor Court Decision

April 18, 2001
Heilbronner Stimme

An employee of civil service does not have to fill out and sign the survey on relations with the Scientology organization. That was the decision of the Munich labor court in a legal dispute between a complainant ant the Bavarian Commonwealth (case number 23 Ca 1178/00).

Meanwhile the Bavarian Interior Ministry explained that employees in civil service would also have to continue reporting possible contact to "organizations categorized as extremist or counter-constitutional." (dpa)


Civil Service

Employees not required to talk about Scientology

April 18, 2001
Frankfurter Rundschau

Munich, 18 April (dpa). An employee in civil service does not have to fill out and sign the survey on relations with Scientology. This was the decision come to by the Munich labor court in a legal dispute between a complainant and the Commonwealth of Bavaria (case number 23 Ca 1178/00).

Scientology stated on Wednesday that the surveys on membership in their organization had no legal foundation for employees of civil service. The Bavarian Interior Ministry contradicted that statement and explained that the survey had not been withdrawn. Employees in civil service, as well as new applicants, would continue to have to report possible contacts to "organizations categorized as extremist or counter-constitutional." The Interior Ministry said, however, that it would not appeal the decision because it was an "isolated, exceptional case."

A technical employee in civil service had been presented with the survey based on suppositions of contact with Scientology.


Munich Labor Court case number 21 Ca 13754/99

Not a decision against security statements

Ingo Heinemann: Scientology Criticism

Bonn, Germany
version: November 16, 2000
this was translated from http://www.ingo-heinemann.de/21Ca13754-99.htm
last changed November 15, 2000

In their web site www.menschenrechtsbuero.de ["menschenrechtsbuero" = "humanrightsoffice"], the Scientology organization has reported on the court decision under the heading "Bavarian Scientology questionnaire inadmissable!" ["Bayerischer Scientology-Fragebogen unzulässig!"] (An unofficial English translation is at 001031d.htm) Facsimiles of the decision were webbed there, as evident from the illustration at the right. The following text of the decision is taken from those facsimiles. Comments on the handling of this decision by the Scientology organization is at Disinformation: Success in Court? Decision "redefined"

Munich Labor Court 21 Ca 13754/99
Released on 24 October 2000
Case number: 21 Ca 13754/99
IN THE NAME OF THE PEOPLE!
In the legal dispute
[blacked out]- complainant
Represented by:
Attorney's Bluemel & Colleagues, Bayerstraß 13, 80335 München
vs.
the State Capitol City of Munich, represented by its department of personnel and organization — F‘ 11-99/1327, Marienplatz 8 80331 München - accused
the Munich Labor Court, through Labor Court Judge Dr. Romeikat, chairman of the court
and Judges Traeger and Schwartz, based on the oral hearing of 9 May 2000, issued the following final decision:

  1. It has been determined that the complainant is not obligated to fill our or sign the "Questionnaire concerning connections to the Scientology organization" as contained on page 2 of the record and return it to the accused.
  2. The accused bears the costs of the legal dispute
  3. The value of the dispute is set at DM 5.594.48

Facts of the Case

The parties disagree about the question of whether the complainant is obligated to fill out a "Questionnaire concerning connections to the Scientology organization." ["Fragebogen zu Beziehungen zur Scientology Organisation“].
The complainant has been employed based on the labor contract of 18 May 1990 (p. 46 of the record) since 21 May 1990 with the accused as [blacked out] at a monthly gross wage of [blacked out] (LGr. 3a). In accordance with § 2 of the labor contract, the work agreement is regulated by the determinations of, among others, the BMT-G II of 31 Jan. 1962 in its currently applicable form.
In the scope of his placement, the complainant filled out a personnel form of 21 Mar. 1990 (pp. 47-50 of the record).

The employment record of the Scientology Church Bavaria Inc (p. 51 of the record) yields that the complainant was employed with the Scientology Church Bavaria Inc. as a "Registrar" from 15 May 1978 to 31 Mar. 1987, and later as director of mailing and finally as director of building maintenance
In a letter of 1 Sep. 1999 (p. 12 of the record) the accused asked the complainant to fill out and send back the attached questionnaire on connections with the SO [Scientology Organization]. The complainant refused.

The complainant takes the position that he is not obligated to fill out the questionnaire. He says the employee's general personality right limits the right of the employer to question employees. He says that whether he has connections to the Scientology Church or not is solely his personal business. He says the Scientology Church is a religious, helpful philosophical association without currents against the basic liberal democratic system. He says his membership in a religious-philosophical association does not concern the employer. He says so long as he does not publicly profess to the Scientology Church or hold a high function in it, these issues do not concern others. He said his activities with the accused have not been tinged with ideology. He said a concrete connection to his employment is completely non-existent. Neither were there any questions about high positions or activities. Even if the questions were to have an effect upon his working relationship, the employer's right to question has long since expired. He said the circumstance that he is employed in civil service is not a mitigating factor.

The complainant asks that:
It be determined that the complainant is not obligated to fill out sign or return the "Questionnaire concerning connections to the Scientology organization": (a questionnaire which has not been filled out is attached) (p. 2 of the record).

The accused takes the position that the complainant is obligated to fill out the questionnaire. It is stated that the Scientology Church is an extremist organization. The accused invokes the decision of the BAG of 22 Mar. 1995 - 5 AZB 21/94, the unanimous findings by the States Interior Minister and Senator Conference [IMC] of 5/6 June 1997, the final report of 6 May 1997 of the Constitutional Security Agency's Scientology Task Force as commissioned by the IMC on 22 Nov. 1996 (p 552 of the record) and the state administration's publication about the duty of constitutional loyalty in civil service of 3 Dec. 1991 i.d.F. of 6 Dec. 1994 (pp. 54-59 of the record) in connection with the accompanying designation of extremist organizations of 6 Apr; 1995 i.d.F. of the acc. of 3 Nov. 1997 (p. 60 of the record). Since the Scientology Church is allegedly an extremist organization, the accused says the complainant is obligated to fill out the questionnaire. It is said that it is not expected of the state system to directly or indirectly pay heed to persons who, through their own understanding, try to refuse or even do away with the state system.

To complete the facts of the case, reference is made to the varied memoranda with attachments as well as to the hearing scripts.

Decision grounds

I.

The admissible complaint is founded. Due to insufficient basis of claim, the complainant is not obligated to fill out the questionnaire given to him by the accused.

The accused has the right to check whether the complainant is maintaining his legal obligations in the working relationship. In accordance with § 9 BMT-G II, the complainant has to behave as expected of a member of the civil service. He must, by his entire behavior, profess to the democratic concept of the state.

The accused's right to question falls within this scope. On the one side it is acknowledged that the accused has an interest in inquiring about the complainant's membership in a counter-constitutional organization; on the other side, the complainant is not obligated to let himself be asked about his private life. In an existing working relationship therefore, the employer may, in the opinion of the chamber, not question its employees "out of the clear blue" about "business or other connections" to an organization which the employer considers counter-constitutional without concrete evidence of counter-constitutional behavior.

Such concrete evidence has not been submitted. The circumstance that the complainant had been employed from 15 May 1978 to 31 Mar. 1987 with Scientology Church Bavaria Inc. as a registrar, later as director of mailing and finally as director of building maintenance is not evidence of counter-constitutional activities by the complainant. This is because it cannot be deduced from these activities that the complainant had pursued or will pursue counter-constitutional goals, even if Scientology Church Bavaria Inc. were to be regarded as a counter-constitutional organization. The activities in registering, mailing or maintenance are not related to a tendency. They are not particularly leadership positions. For another thing they are apparently ended.

Also, mere membership in a counter-constitutional organization as such is not evidence of counter-constitutional activity by the complainant. The question of whether the "Scientology Organization" as such or Scientology Church Bavaria Inc are counter-constitutional organizations can therefore remain open.

II.

Costs and Object Value
The cost decision is based on § 46 Abs. 2 ArbGG i.V.m. § 91 Abs. 1 ZPO, the determination of the value of the object of dispute on §§ 46 Abs. 2, 61 Abs. 1, 12 Abs. 7 S. 1 ArbGG i.V.m. §§ 3 ff ZPO. The chamber holds one month gross pay as appropriate for the determination.

III. Legal Remedy

The accused can lodge an appeal to this decision with the Munich State Labor Court. No remedy is set for the complainant. Specifically the following applies: Appeal can be filed against this decision, the appeal must be filed within a limit of one month after this decision takes effect at

Landesarbeitsgericht München
Winzererstraße 104
80797 München

Within one month of its submission the appeal must be founded in writing.

The appeal and the written founding for the appeal must be signed by an attorney admitted by a German court. It could also be signed by the representative with full power of attorney of a union, an employer association or a combination of such groups, if the appeal is submitted for a member of such an association or combination of such associations.

The Chairman
Dr. [Name]
Labor Court Judge


Scientology questionnaire

Refusal to answer legitimate

"Only one individual case decision"
City worker sues - membership alone not enough

Munich, Germany
October 31, 2000
Nuernberger Nachrichten

by Hans-Peter Kastenhuber

Munich For the celebrating Scientology center the court decision is of fundamental importance, for the Bavarian Interior Ministry "not more than one individual case decision": the Munich Labor Court sided with an employee of the City of Munich who refused to fill out for his employer a questionnaire in which he was supposed to make statements about his relationship with the controversial Scientology Organization.

The complainant has been employed with the community since 1990 - "in a non-sensitive area," as our newspaper was assured by Munich personnel spokesman Thomas Boehle. It was also said that the man had "never been conspicuous." But when information was received (which came, according to Scientology, from Constitutional Security) that the employee maintained contact with the Hubbard sect which has been categorized by the German Interior Ministry as counter-constitutional, the man was presented with a questionnaire approved by the state administration. The employee refused to make any response, saying that this was solely a matter of personal business and he filed suit in the labor court against the City of Munich.

Lack of evidence

His opinion was validated in court. It said in the basis of the judgment that an employer absolutely may be interested in whether its employees are members of a counter-constitutional organization. "But without tangible evidence of counter-constitutional actions" the employee may not be questioned about "business or miscellaneous contacts" with such organizations.

The mere fact that the complainant was on the register and worked as director of mail distribution and later budget of the Scientology Church Bavaria, Inc. from 1978 to 1982, according to the labor court, no more proved counter-constitutional activity than did mere membership in the organization. However, the court did not address the question of whether Scientology actually pursued counter-constitutional goals.

Sources in the City of Munich said there was little prospect that the decision could be overturned in a later hearing and that, therefore, according to Thomas Boehle, there was little inclination to file an appeal. The personnel spokesman viewed the decision more along the lines of the nationwide applicable judgment in comparable cases whereby membership alone in a counter-constitutional organization is not sufficient grounds to reject job applicants.

A spokesman for the Bavarian Interior Ministry, Michael Ziegler, does not think the integrity of the questionnaire developed by his department has been put into question by the court decision. For exactly four years, the Free State [of Bavaria] has been asking civil service applicants about any contacts with Scientology and has recommended Bavarian cities do the same. Ziegler has never heard of major problems or of a case being defeated in court before.

The big legal offensive announced by Scientology against the Free State's restrictive course upon the introduction of the questionnaire in 1996 has never met with any response in any case up to this one. Ziegler: "This behavior is part of the sect's systematic disinformation campaign." His chief, Interior Minister Guenther Beckstein, had even challenged the organization to file suit because of the questionnaire instead of always blowing "hot air" about it.


City prevails over Scientology

Munich, Germany
December 2, 1999
Sueddeutsche Zeitung

The provincial capitol of Munich prevailed against Scientology in court today. The city had prohibited Scientologists from accosting pedestrians on Leopold Street to talk them into taking a personality test so that they would buy courses and books. Scientology had objected, but lost in Administrative Court. The planning office which had jurisdiction in the area had founded its decision on the idea that this type of recruitment activity bothered pedestrians and was impermissible on public land.


Planning Office has its eye on Scientology

Administrative Court to clarify the role of "missionary"

Munich, Germany
November 24, 1999
Sueddeutsche Zeitung

by Ekkehard Mueller-Jentsch

Is Scientology a religion or a cut-and-dried business operation? A legal proceeding between the Scientology Church Germany, Inc, and the Municipal Planning Office has been reduced to this question in the Munich Administrative Court. In the foreground, this is about information with which the Planning Office has denied the self-named church and its members special permission to "conduct missionary work" on Leopold Street. What is actually behind the legal dispute, however, is a feud which has gone on for years between the Bavarian Interior Ministry and the Scientologists.

The Interior Ministry does not regard Scientology as a religion in any case: its position is that the Scientologists are merely hiding behind a pseudo-religious facade for the purpose of creating a lawless field in which to carry out its constitutionally hostile activities which range from dirty to criminal. The world Scientology is striving for according to its policy has nothing to do with democracy. Scientology is said to be trying to spread its constitutionally inimical system by winning new customers and making things work according to that system.

Scientology counters that no type of danger emanates from the "church." All accusations are said to be only worn-out phrases from apologetic opponents like the sect commissioners of the major churches - and the Bavarian Interior Minister is also included. The surveillance of Scientology by Constitutional Security is an unprecedented perversion of the state's understanding of duty. The state's mission should be to protect the small, religious worldview groups. Their overwhelming competition has managed, however, to manipulate the Interior Ministry into a crusade against the small communities - Scientology among them - for the purpose of destroying them.

On and on it goes similar to that in the thick trial folders and innumerable court memoranda with which both parties have been bombarding each other for years. The Second Chamber will now hear a number of witnesses in an attempt to clarify the question of whether the Scientologists may call upon the free and open use of the public streets so that their "body routers" may "perform missionary work," or whether they are pursuing commercial activity which requires a business permit. The city and the Interior Ministry believe that giving the so-called "personality test" is intended only to sell goods and services and that in no case are members being recruited for a "religious community." The opposing side energetically contends that and calls it irrelevant propaganda which is being carried out even in the halls of justice. The process is expected to go through today.


Decision of the Munich Administrative Court

The Psycho-sect as a commercial operation

Munich, Germany
June 4, 1999
Sueddeutsche Zeitung

Scientology loses association status as a result of the judgment, but intends to appeal.

by Ekkehard Mueller-Jentsch

Last Wednesday afternoon, the controversial psycho-sect of Scientology suffered a defeat before the Munich Administrative Court. The "Scientology Church Celebrity Center Munich," which specializes mainly in artists and people in public life, has forfeited legal expedients in a judgment that does not yet have the force of law. It may no longer adorn itself with the "e.V." symbol of a registered idealistic association ["eingetragener Verein"]. It is anticipated that the organization will put in an appeal with the Bavarian Administrative Court.

As reported in detail, the municipal district administrative representative had deprived the named Scientology organization of association status because it financially exploited its members in a sort of brainwashing which means that it no longer has the right to invoke an idealistic purpose [needed for an idealistic association]. In reality, Scientology, which includes the Munich "Celebrity Center," with putting sect founder L. Ron Hubbard's principle into effect of "Make money, make more money, make other people produce so as to make money." One Scientology directive states that the only reason "orgs" exist is to sell and deliver materials and services to the public, and to bring people in from the public for this reason.

The presiding judge of the 7th chamber, Gerhard Wiens, blocked out verbal dealing with any ideological discussion from the start: "It is of no significance to this process whether Scientology is a religion or not - it is no different than it would be, crassly said, if it were dealing with the legal expedient of the Munich Bavaria Soccer Club Association."

The court listened patiently to the representatives of the city and the "Celebrity Center" proponents only so long as this instruction was followed. Juergen Keltsch of the Interior Ministry, former district attorney and superior state court judge, who was called as a Scientology expert by state attorney Uwe Schoeffel, was formally reprimanded because of his provocative speech. "I will not listen to any more of this," the presiding judge told him after repeated warnings to answer only the questions which were asked.

In the course of the proceedings the court rejected a good bit of what was offered into evidence - 17 of those presented by Scientology attorney Wilhelm Bluemel and 4 from administration director Friedrich Schwaegerl. The court then withdrew for deliberation. "The charge is dismissed," reported the presiding judge afterwards. The chamber strongly oriented the findings of fact to a principle decision of the federal administrative court. The "Celebrity Center" was said to not be operating on the general pscyho-market. The reason given was that the Scientology offerings are not absolutely comparable with the ordinary psychological services because of their philosophical superstructure. In further bases of judgment, however, it was demonstrated that the Scientology representatives had stumbled into a hole which they had dug themselves with their persistence. They had mentioned over and over again that each organization was legally independent. With the exception of the named philosophical superstructure, there is no overall associated structure.

From this the judges concluded that there was a competitive relationship between the two Munich Scientology associations, because they both offered approximately the same courses, books and devices. Result: "These two form the market in Munich, in which they compete with each other." There was no doubt that the main purpose of both associations was commercial operations, therefore they could not appeal to the so-called "subsidiary purpose privilege" (case Az.: M 7 K 96.5439).

Bavarian Interior Minister Guenther Beckstein (CSU) welcomed the decision. It would help protect customer in the psycho-market from the machinations of Scientology, explained Beckstein.


Administrative Court decides
'Scientology not an Association'
The organization is commercially active in the psycho-market

Munich Germany
June 4, 1999
Nrnberger Nachrichten Lokales

Munich (dpa) - The Scientology organization in Munich may no longer bear the designation of "registered association."

The Munich Administrative Court has now decided that the district administrative representative of the state capitol had rightly stripped the organization of the "e.V." [registered association designation], because it operates commercially (Az.: M 7 K 96.5439).

Interior Minister Guenther Beckstein (CSU) welcomed the decision. He said it would help to protect people from the machinations of Scientology. Further, "The association is forced to appear as it is: as a commercial enterprise which fishes for customers on the unregulated psycho-market."

The Munich district administration representative had already withdrawn the designation of "registered association" from Scientology in 1995. In the city's opinion, Scientology was competing by offering courses, seminars and literature on the "general psycho-market." This opinion was not shared by the court, however it categorized the organization as commercially active, anyway.

The primary effect of the decision is upon debt collection. With registered associations, creditors enjoy only relatively little protection. If the association has nothing of value, their demands for repayment will go unanswered. In contrast to that a legal entity of trade law, such as Scientology has now been categorized, has to keep a minimum amount of assets on hand and has to keep balance sheets and is subject to audit. Subsequent to the decision, the Scientology organization announced that it would appeal the decision to the Bavarian Administrative Court.


Obliged to keep balance sheets

Munich, Germany
June 4, 1999
Main Post

Munich (LBY)

The Scientology organization in Munich may no longer bear the designation of "registered association." The Munich Administrative Court decided on Wednesday that the district administrative representative had rightfully deprived the organization of the "e.V." ["eingetragener Verein"], because it had been operating commercially (case Az.: M 7 K 96.5439).

Bavarian Interior Minister Guenther Beckstein (CSU) welcomed the decision by the Munich Administrative Court on the Scientology organization. It will help protect customers in the psycho-market from the machinations of Scientology, related Beckstein yesterday in Munich.

The biggest effect of the decision will be in debt collection. Creditors enjoy a relatively small amount of protection when dealing with "registered association." If there are no assets at hand, their requests for payment will go unanswered. In contrast, legal entities of the trade law, of which Scientology is now one, must maintain a minimum capital investment, keep balance sheets and are subject to audit. The Scientology organization reported that it was going to pursue the matter legally.


Scientology no longer an association in Munich

Court: organization must report as a business

Munich, Germany
June 4, 1999
Munich, Germany

Munich, June 3. From now on, the Scientology Celebrity Center in Munich must report as a business operation. On Wednesday, the Munich Administrative Court decided that the city government justly withdrew the status of registered association from the local group, that the group was operating commercially and was therefore a legal entity under trade law. (case number: M7K 96.5439)

Scientology Church Germany, Inc. announced that it would appeal. It was stated that the judgment disregarded a decision of the Federal Administrative Court. It was also alleged that the Celebrity Center and the Scientology Mission in Munich in no way competed with each other as market competitors for customers. In contrast, Bavarian Interior Minister Beckstein welcomed the decision. "The association is forced to appear as it is: as a commercial operation which fishes for customers in the vast psycho-market," he said.

The Munich district government office had already withdrawn the designation of "registered association" from Scientology in 1995. The main effects of the decision concern debt liability. In a "registered association," creditors enjoy relatively little protection. If the association has no cash flow, creditors have no recourse to their demands. In contrast, a legal entity under trade law, as Scientology has NOW been classified, has an obligation to keep balance sheets and be audited, and has to have a minimum amount of capital. (AP, dpa).


Court takes away Association status

Munich, Germany,
June 3, 1999
Spiegel 22/1999

It is a serious loss for the controversial Scientology organization. The "Celebrity Center" in Munich must now do business as a commercial enterprise.

Munich - The Munich Administrative Court has decided that the city administration had rightfully deprived the local branch of Scientology of its status of "registered association." It was said to have been operating commercially, which would make it a legal entity according to trade law. Now Scientology must keep balance sheets and is subject to audit, and must be able to show that it has minimum capital assets ["Mindestkapital"]. This is mainly of advantage to creditors who have no assets they can demand in repayment from groups which have the status of "association."

Scientology Church Germany (registered association) is appealing this decision. It says the judgment disregards the decision of a federal administrative court. It alleges that the "Celebrity Center" and the Scientology Mission in Munich do not at all compete for customers in regards to their courses. Bavarian Interior Minister Guenther Beckstein, however, welcomed the decision that Scientology would now have to do business on the psycho[logical]-market as a commercial enterprise without religious camouflage.


Scientology in Munich

No Longer a Registered Association

Munich, Germany
June 2, 1999
Yahoo! Schlagzeilen

Munich (dpa) - The Scientology organization in Munich may no longer be designated as a "registered association." That was decided by the Munich Administrative Court today. The city government was said to have rightfully denied the organization the "e.V." ["eingetragener Verein," "registered association"] designation, because it was operating commercially, decided the court. From the city's perspective Scientology was competing with the "general psycho-market" by offering courses, seminars and literature. Even though the court did not share this perspective, it still categorized the organization as commercially active.


Scientology Association loses its registration

Munich, Germany
June 2, 1999
Sueddeutsche Zeitung

Codes office says that religious appearance is only for tax and legal purposes

by Ekkehard Müller-Jentsch

The Scientology Church Celebrity Center Munich, reg. ["registered association"] has had its legal capabilities as a registered association revoked by the city administration officials. However, the aggressive psycho-cult is fighting for the status of an "idealistic" association and is suing in the Munich Administrative Court today. It does not want to give in to the pressure by the codes office and have to become an ordinary business.

Almost exactly 15 years ago, the city succeeded on the first try in redesignating a Munich "Scientology Church" as commercial enterprise. In the second attempt before the Bavarian Administrative Court, a compromise had to be agreed upon. In principle, nothing has changed in the city's accusations. The gist of it is that an association which first subjects its members to a sort of brainwashing and then commercially exploits them has forfeited its right to invoke a so-called "idealistic" purpose. In reality, Scientology is only concerned about making sales.

The goods and services offered by Scientology do not deal with religious content, but with mundane matters such as assistance in life, health care and personality development. Eye witness accounts of former sect insiders have proved that the Scientology organization only takes on the character of a religious congregation and creates a religious image in order to have a stronger position in dealing with government authorities and taxes. The Scientology services, which have previously been described by the Munich Institute for Legal Medicine as "dilettantish psychotherapy," is not only available from Scientologists according to the "KVR." Some psychologists, psychotherapists and apostate ex-members who have congregated as the "Free Zone" or "Ron's Org" also offer comparable practices in return for monetary compensation. The Upper Bavarian administration has supported the city's stance in appeal processes. The sale of literature, "e-meters," courses and seminars are said to be the main purpose of the association and qualifies it as a commercial business enterprise. The administration quoted an apostate Scientology manager, "In my firm conviction Scientology is only called a religion for legal and tax purposes, and (....) my assignment in public relations work consisted of implementing the use of a religious method of speech so that people would believe that we were a religion, and as such that we were protected from public and government inspection."

The "Scientology Church Celebrity Center Munich, reg." responds that in legal terms and in teachings it is an acknowledged religious congregation. It alleges that the Federal Labor Court's fundamental decision of March 1995 which does not see things that way is, in formal and material hindsight, illegal. Scientology says it spreads the religious idea that man, first of all, is a "spiritual being" and that the spirit is superior to all material things. International comparisons would show how ordinary it was for congregations not to give away their clerical services, but to require compensation for them which are used to finance the respective organization. The main purpose of the association is said to be the exclusive benefit of the members. It is said that there is neither an internal nor an external market for the clerical services of the "church." The association says it does not recognize any view which despises people, nor does it have totalitarian tendencies, which it says deals exclusively with giving people the wrong idea.

The city is pursuing a specific goal in withdrawing the association's legal capability: while an "idealistic association" is less marked by creditor protection and is restricted by the regulations on the requirement to apply for bankruptcy by the board and the liquidation of the association, "legal entities" are subject to the trade law in the interest of creditor mandated regulations on minimum capital assets, requirements for publication and review of balance statements. Besides that the intention is to avoid the possibility that interested parties would believe that services could be sold more favorably from a registered association than from within the competitive structure organized by trade law.


Scientology complains to no avail

From: http://www.fraenkischer-tag.de/news/bayern/by_13___.htm

From: "Fraenkischer Tag On-Line"
May 21, 1998

Munich. The European Commission for Human Rights has turned down a complaint by four Scientologists against the Information Campaign of the Bavarian State government. That was announced by Culture Minister Hans Zehetmair in Munich. The decision of the Commission upholds the [the actions of the] state government. Four Scientologists had wanted to prevent the publication of an article which appeared in 1996, "All Clear? Information about Scientology," along with an associated information campaign under a provisional arrangement. The EU Commission has now rejected this complaint. The article and the campaign only contains general information about Scientology; it does not address identifiable people.


NAME="description" CONTENT="Bavarian Court decision on Scientology - contains facial hair statement">

record 7 CE 96.2861
M 3 E 96.2692

Bavarian Administrative Court

In the administrative dispute between applicants

1. Dr. Wolfgang K.,
2. Ingrid K.,
3. Maya K.,
4. Iris K.

[address given] with applicants 3) and 4) legally represented by their parents, applicants 1) and 2), and authorized to act on behalf of applicants 1) through 4) : attorney Wilhelm Bluemel and colleagues of [address] Munich

vs.

The Commonwealth of Bavaria, plaintiff, represented by the Bavaria state attorney's office

for an injunction: "Schulreport" April 1996 (Application in accordance with sect. 123 VwGO), here: Complaint of the applicants against the decision of the Bavarian Administrative Court Munich of 29 July 1996, the Bavarian Administrative Court, 7th Senate, by Judge Moll as chairman of the administrative court, and Judges Priegl and Grau of the administrative court, without oral hearing, do issue the following on 27 September 1996:

Decision:

I. The complaint is dismissed.

II. The applicants bear the cost of the proceedings.

III. The value of the dispute is set in both attempts at 4,000 DM per applicant.

Grounds:

I.

Applicants 3) and 4) are the daughters of applicants 1) and 2) and go to a state grammar school. The applicants describe themselves as Scientologists and perceive themselves as members of a religious-philosophical association.

In the magazine, which is distributed by the Bav. State Ministry for Education, Culture, Science and Art, "Schulreport", April 1996 issue, there appears on pages 8 through 10 an article with the title "Alles Clear? Informationen ueber Scientology," which critically discusses the Scientology organization. 90,000 copies of the magazine were printed and, except for 2,200 left over, have been distributed among Bavarian schools. The article on Scientology was also used as instructional material in the schools of the Commonwealth of Bavaria.

2. The applicants applied at the administrative court for a temporary restraining order against the plaintiff with the goal of

"prohibiting these to distribute or have distributed the April 1996 issue of the "Schulreport" magazine, if this magazine contains on pages 8 through 10 "Alles Clear? -- Informationen ueber Scientology" as described above, and to obligate the plaintiff to instruct those already in receipt of the issues distributed that the article may no longer be used as instructional material, and may not be made further accessible to third parties."

In a supplementary capacity, the applicants applied that the injunction they applied for in the main application apply to ten separate specific verbal statements and two cartoon features.

In another supplementary application, the applicants limited their main, or first, application to the grammar school at which applicants 3) and 4) attend.

3. The administrative court dismissed the application because the applicants were not credible in stating they had a claim to the injunction they had applied for. None of the statements in question nor do either of the pictures concern the applicants personally. Neither do the passages of text nor the pictures refer to all adherents of the Scientology organization.

4. The applicants further pursued the goal of their application. The applicants said their human dignity was affected by the magazine article in question. It was said that several statements, based on their content, could be construed as not just refer ring to the organization itself, but to its members. The cited passages of text were said to have the goal of presenting the members of the Scientology Church as negatively as possible. Additionally, applicants 1) and 2) said they were affected in their rights as parents, and applicants 3) and 4) were affected in their basic right to freedom of belief.

5. The state attorney's office recommended that the complaint be dismissed. It was said the applicants were not directly affect by the specifics of the article in question, so they could not claim the right of defense. It was also stated that the application was not factually based, since the magazine article stayed within the bounds of the state's right of expression.

II.

The complaint is not founded, because the administrative court rightly dismissed the application on the basis that the applicants were not warranted in making the claim they set forth.

1. As far as disparaging expressions about a community go, this might be suited for an injunction. A differentiation has to be made, however, between the legal position of a member of that community who strives for an injunction of certain statements not in the name of the community, but puts forth that one's own individual rights are being violated. The larger the aggregate upon which the disparaging remarks are directed, the weaker the personal concern of the individual member, because with negative remarks about a large aggregate, they apply mostly not to individual misconduct or individual characteristics of the member, but the valuelessness, as seen from the point of view of the one making the statement, is spread over the aggregate and its social functions, as well as the the associated demands for improvement to the members. On an imaginary scale, which on one end exists the individual offense of an individual who is identified or named, there exists on the other end the devaluing remark about simple human characteristics or criticism of a social establishment or apparition, which is not qualified to shatter personal honor (see BVerfG NJW 1995, 3303/3306). One who wants to express himself in a negative manner about an aggregate, is basically also responsible for avoidable effects of those addressed with regard to a person who is not himself the target of criticism but who falls in the same category (see BGH NJW 1982, 1805). The intention of the publishers of the "Schulreport" magazine, who wanted to inform and warn people about the Scientology organization, did not automatically exclude the individual relationship of the applicants. They, however, can only demand that specific statements be prohibited if, by these statements - at the very least - their legal positions are most personally directly interfered with (see BGH NJW 1980, 1790; BVerwG DOeV 1984, 940 on the opposition to an association ban). An intervention which is only indirect is not sufficient. Honor rights and civil rights of the person, which are protected under criminal law, refer to a person who might be hurt by remarks directed at him by others and which fall within the bounds of the personality protection law (BGH NJW 1980, 1790). Nothing else can be made valid in public law with personality protection. If a less than flattering conclusion is come to about an aggregate, then a member of that aggregate can only act in defense in his own name if the remark is bound to a criterium that clearly applies to all aggregate members (see BayObLG NJW 1990, 1724; BayVGH NVwZ 1994, 787; BayVBl 1995, 564).

2. Following are the statements objected to by the applicants, including supplements:

a) "With a crude mixture of science fiction, psycho-analysis and manipulative practices of totalitarian states, Scientology adherents are made dependent and systematically exploited both for their services and financially."

This statement contains only a description of the contents of the teachings of the Scientology organization and the methods of spreading these teachings. Adherents of the organization are presented in a sort of victim's role. An expression that contains a negative valuation about the individual conduct of all members of the organization is not contained in the passage of text cited.

b) "A technology of consciousness control based on deception and manipulation is used in Scientology."

This statement is not contained as stated in the article in question. The applicants have strung words from several passages together. These obviously refer, however, to the Scientology organization and not to the individual adherents.

c) "Use of over a thousand group-specific English basic terms and several thousand group-specific supplemental terms have as their goal acquisition of control over thought."

That stated under II.2.a) and b) also applies here.

d) "A spectrum of emotions of members is manipulated that includes guilt (adherents are conditioned always to seek guilt within themselves) and fear (of the "enemy" on one side and of leaving on the other).

In the article in evidence it says "of a person" instead of "of members." From the accurate formulation of words it is even more clear that this is a description of the organization's method of operation, and not a statement about the behavior of all members.

e) "In Scientology a world of many truths would be created, and this would make it impossible for an individual to come to an objective assessment."

The article in question does not contain the words "In Scientology" in the cited sentence apparently refers however to the teachings of the organization.

f) "In order to attain control of consciousness, Scientology breaks up the personality of people. As techniques of this phase of break-up, monotony, rhythm and repetition are the main ingredients of the formal indoctrination sessions."

This statement is not a literal duplication of passages from the article in question, but a summary of the contents of more extensive texts. These, in turn, are concerned with the practices of the Scientology organization and therefore do not directly affect the applicants as far as their rights go.

g) "In Scientology, the good things of the past are disparaged and transgressions, failures, ailments and feelings of guilt are exaggerated."

Previous explanations are referred to for this.

h) "Scientology places all contact to the outside world in doubt, and skills, interests, friends and family must be given up."

This statement also directly concerns only the organization.

i) The applicants further object to the following passage of text:

"Recognition of an SC member

In some cases the conduct of a person is changed as a result of consciousness control over a period of several months, more typically however within several days or weeks. Interestingly, the member develops according to a standard personality (of the same sort of personality structure as the cult member). As a result of cult membership, physical aspects which have been noted are a change in weight (obesity/bulimia), degeneration of strength, change in facial hair, chronic exhaustion and psychosomatic illnesses. Psychic aspects appearing as symptoms have included reduced and weakened thought processes (loss of ability to recognize figures of speech, metaphors or irony, for which are substituted cliches unique to the cult), alteration in the field of emotion, in strong vacillations of feelings and uncharacteristically anti-social behavior. In addition, the appearance of hallucinations can be observed, since excessive daily auditing can make people physically and psychically dependent upon this psycho-technique. This often has harmful side-effects as a consequence, such as lessening of cognitive abilities, e.g., weakening of concentration and ability to make a decision. A radical change in personality is the surest sign that a totalitarian group is at work."

Neither can these statements be successfully contested by the applicants. Regardless of the title, which give the impression that trusted and scientific references for the recognition of a Scientology member follow, the text contains a mitigative, non-binding and general wording that is regularly found in texts on so-called totalitarian new religions. Use of the words "In some cases," "obesity/bulimia," "have been noted," "In addition, the appearance ... can be observed," "this often has," "that a totalitarian group is at work" show that the passages of text are not suited to deliver anything approaching a concrete impression about the image or conduct of every adherent of the organization. The passage more contain information about - from the view of the author - possible consequences of membership in Scientology, and so directly concern only this organization.

j) "Scientology can be regarded as a totalitarian organization from which the fields it uses to cultivate its power are being removed."

This too is a statement solely about Scientology.

k) The cartoon features on pages 9 and 10 make a connection between Scientology and the practice of "brainwashing." No attack on individual members of the organization is recognized.

3. Since due to lack of direct disconcertedness the applicants cannot demand that the plaintiffs not distribute the individual pictures or passages of text they object to for use in instruction, nor prevent them from being distributed or made accessible to third parties, neither can they have a court order issued concerning the entire article. The article on the whole, excluding the segments objected to, is not solely devoted to the Scientology organization.

4. The application does not meet with success, either, in the further attempt to limit it only to the school which applicants 3) and 4) are attending. It does not matter whether Scientology is regarded as a religion or not and (in case it does) whether the article in question is an impermissible assault on the religious freedom of this organization. To the degree that would be the case, the degree to which the applicants are directly affected is inversely proportional in their (personal) honor and civic rights, and their freedom of religion and rights as parents. They still can only make a valid claim as far as their own rights go, and not demand that the state stop, from their point of view, illicit treatment of religions in general or at least as far as schools go (see BayVGH BayVB1 1996, 26 on Crucifixes in Schools).

It was not submitted that applicants 3) or 4) themselves were confronted with the article in question during the course of their studies. Neither was it submitted or credibly presented that this sort of direct confrontation is anticipated in the near future.

5. After consideration of which the complaint is dismissed.

Cost decision: sects. 154 para. 2, 159 sentence 1 VwGO. Setting the value of dispute: sects. 20, para. 3, 13 para. 1 GKG. This decision in incontestable (sect. 152 para. 1 VwGO).

Moll Priegl Grau


Alles Clear?
Informationen ueber Scientology

K. Maier [name changed by editors], Psychologist, Ludwig-Maximillians University, Munich

PSYCHOCONCERN
In view of increased efforts by Scientology in recent times to infiltrate society according to its ideology, the state government made a list of measures to fight the organization on 17 Oct. 1995. These measures include more public information work and provides for public information work specifically in schools.

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eldom has any group in recent history evoked so much discussion, criticism and controversy as Scientology. This organization, with its approx. 8 million members worldwide, is among the approx. 300 sects, cults and seperatist groups currently active in Germany.

Under the plateau of upper management, Scientology is divided into three sections:

1. The self-proclaimed "Church", which engages in the sale of books and seminars;

2. ABLE (Association for better living and education), which is intended to exert influence upon cultural and social areas, and

3. WISE (World Institute of Scientology Enterprises) to attain influence in the business world.

As far back as 1947, L. Ron Hubbard, the founder of Scientology, said, "If a man really wanted to make a million dollars, the best way to do it would be start his own religion." Using money and manipulation, Scientology seeks to attain power and control over business and governments. Members are strategically placed in agencies and governments without revealing their own backgrounds, with the motto, "Clear the Planet." With a crude mixture of science fiction, psycho-analysis and manipulative practices of totalitarian states, Scientology adherents are made dependent and systematically exploited both for their services and financially.

What makes people susceptible to Scientology?

Generally speaking, any person of any age may fall into the hands of this organization. It's mainly young people who can withstand the the cult's daily routine and middle-aged people who have business contacts and savvy that are recruited. People with real problems are not wanted in Scientology. At first glance, members are psychically stable, intelligent, analytically gifted and often career-oriented people. Research has shown that most were approached while they were in a stressful phase of their lives (e.g., moving to another city, new place of employment, broken relationship, etc.) or that they wished to have personal fringe experiences. One can say that Scientology is 100% compatible with today's society, since it promises more performance, more success, more joy, more health and more freedom (Potthoff, 1993). The feeling is imparted that one can apply strictly technical procedures to solve personal problems.

Concept of attaining members

Deception is characteristic of totalitarian groups. The first contact with Scientology can happen in a number of ways: through person-to-person contact on the street, flyers, mass pamphleting, advertisements, books and newspapers or even through a friend who has already become a cult member. Cover organizations are used to waylay innocent bystanders and keep them in the dark as far as the true program goes. One favorite method is the seminar with alluring titles, such as "Success is learnable," "How do I develop my personality?", etc. Groups active in Germany include NARCONON, the "Kommission fuer Verstoesse der Psychiatrie gegen Menschenrechte (KVPM)" [German equivalent of CCHR), which also develops special activities for children in kindergarten, an d the "Zentrum fuer Individuelles und Effektives Lernen (ZIEL)" [German equivalent of ABLE], whose mission it is to make children and adults familiar with Hubbard's learning and study techniques in offering tutoring and private instruction, for instance. Scientology also offers a very comprehensive personality test with 200 questions, which is called the "Oxford Capacity Analysis" (OCA). This process of testing suggests an air of confidentiality, but is lacking in any scientific basis.

In the business world, Scientology can be found mainly in the fields of real estate and finance, business consulting and personnel placement, color and style consultation, and software and EDP. Celebrity Scientologists like John Travolta, Tom Cruise, Lisa-Marie Presley and Michael Jackson are offered as identification models for young people, and serve to cultivate territory in which Scientology may take root. "I was subjected to total consciousness control," said a 43-year-old woman in retrospect (Augstein, 1995, a)

Technique of Consciousness Control

Similar words are often heard from former Scientology members. By "consciousness control" can be understood a system of influence by which the identity (thought, feelings, conduct) is crumbled and replaced with a new one. In doing this the operators are viewed as like-minded citizens. Because the deception and manipulation is not accomplished through direct threats, the cult member receives an overall positive sensation. The techniques of behavior modification, peer pressure and giving way to authority all seem to be happening only in the background. Using the additional component of information control, personal ability to think freely and on one's own is restricted.

Behavior Control

Behavior Control consists primarily of controlling the environment of the person, for instance, through financial dependency. One former member reported it this way, "My search for meaning and recognition in Scientology expressed itself as a yearning, and to finance this I did without everything else, even to the point of not paying my monthly rent on time." (see Hassan, 1994). The auditing sessions and other courses are not to be had cheaply.

Thought Control

One basic course of indoctrination for members in the internalization of group dogma. Scientology's jargon contains certain expressions meant to have new concepts central to the dogma supplant the old. In this regard, ethical concepts in particular are robbed of their original meanings. To this end over a thousand English elemental terms specific to the group and several thousand incidental terms are employed. The goal is to attain control of the mind, alienation from the outside, as well is to implant the elite thinking of members during indoctrination of recruits.

Emotional Control

A person's spectrum of emotions is manipulated in ways including the use of guilt (adherents are conditioned always to seek blame within themselves) and fear (of the enemy on one hand and of leaving on the other).

Information Control

A world with many realities is created, and for the individual this makes it almost impossible to come to an objective assessment of any given situation. Information is assiduously broken up so that adherents may not form a complete picture. Scientology ideology consists of one set of doctrines for the outside world and another for insiders. One former member reported, "Everybody always said that Scientology was much, much more than simple auditing alone. But what this 'much, much more' meant, nobody was ever able to rightly tell me, because I had not gotten far enough along, as they told me" (see Hassan, 1994)

Process of Instrumentalizing Personality

Consciousness control happens in three stages:

1. Breaking up

In order to prepare somebody for a radical change, his or her reality must first be shaken up. Most of the activities used to do that begin completely harmlessly, but get more intense and more direct during the course of this phase. Physiological disorientation is attained through certain combinations of physical activity, nutrition and use of the sauna, in which the body is supposed to be freed of drugs and toxic substances. During this "Purification Rundown" the user is driven toward hallucination with high doses of vitamins in up to five hours in the sauna a day. Hypnotic procedures are undertaken during "auditing," where the candidate is plied with suggestive questions and verbal techniques similar to those used in hypnosis.

2. Modification

In this phase a new identity is forced onto the individual to fill the vacuum left by the old identity's break-up. Indoctination happens more formally (seminars and rituals), as well as informally (spending time with members, reading). Behavior is at first subtly modeled, and pressure is added over the course of time. To prevent premature decay of the new identity, new material is served up as quickly as the subject person can assimilate it. Many techniques of the Break-up phase are also used here. Formal indoctrination sessions are worked primarily with monotony, rhythm and repetition.

3. Fixation

After a person has been broken down and indoctrinated with the new belief system, it is time to rebuild him or her as a "new person." Recollections of the individual are distorted. The good things from the past are diminished and the sins and failures, illnesses and feelings of guilt exaggerated. Doubt is cast on all contacts to the old world. Skills, interests, friends and family have to be given up. The group now forms the true family of the member. A more senior member is placed at the side of the new member. This tactic has the effect of putting the senior member in the model role, plus of motivating the "preclear" (neophyte) to also become a role model for others. The result of this process (duration: days or weeks) is the member no longer being willing to leave the group.

Recognition of an SC member

In some cases the conduct of a person is changed as a result of consciousness control over a period of several months, more typically however within several days or weeks. Interestingly, the member develops according to a standard personality (of the same sort of personality structure as the cult member). As a result of cult membership, physical aspects which have been noted are a change in weight (obesity/bulimia), degeneration of strength, change in facial hair, chronic exhaustion and psychosomatic illnesses. Psychic aspects appearing as symptoms have included reduced and weakened thought processes (loss of ability to recognize figures of speech, metaphors or irony, for which are substituted cliches unique to the cult), alteration in the field of emotion, in strong vacillations of feelings and uncharacteristically anti-social behavior. In addition, the appearance of hallucinations can be observed, since excessive daily auditing can make people physically and psychically dependent upon this psycho-technique. This often has harmful side-effects as a consequence, such as lessening of cognitive abilities, e.g., weakening of concentration and ability to make a decision. A radical change in personality is the surest sign that a totalitarian group is at work. Meanwhile, dropping out of school is no longer necessarily a positive indicator, as this practice has been deliberately avoided in recent times as a defensive measure.

Outlook

In today's world in which there are any number of groups in every category, it pays to be a critical consumer, especially in the areas of continuing education and life management, to avoid systems like Scientology that operate under the guise of religion to cultivate a field on which they can further develop their own power. There are specific questions by which 90% of all cult recruiters can be spotted. One such list can be found under Hassan (1994). According to Haack (1991) the fundamental image that a group has of people should also be checked out. Scientology ethics reads, "The purpose of ethics is to remove counter-intentions from the environment." One woman who left Scientology clarified the danger: "Six weeks in Scientology and the old me was gone, with the new me just a cog in the Scientology machine. Yearning for recognition and total freedom expressed itself as the exact opposite: total subjugation to one idea and many rules."

Literature

Augstein (1995a, 6, 7 May, Eine Scientology Aussteigerin berichtet ueber ihre Erlebnisse. Suddt. Zeitung S. 5)

Augstein (1995b, 27, 28 May, Scientology Milliardumsatze mit einem Kult um Macht und Geld. Suddt. Zeitung S. 10)

Haack F.W. (1991) Europas neue Religionen, Sekten - Gurus - Satanskult. Zurich, Wiesbaden.

Hassan, S. (1994) Ausbruch aus dem Bann der Sekten, Psychologische Beratung fuer Betroffene und Angehoerige. Reinbek bei Hamburg, Rowhohlt

Potthoff, N. (1993) Scientology, Analyse (3 Auflk) Krefeid Verlag Norbert Potthoff

[There are a couple of cartoons, one called "Scientology No!" and the other "Scientology and the dangers", stated to be for 7th graders.]


Schulreport 1/96 Interview with Bavarian Interior Minister Dr. Gunther Beckstein on the Scientology organization

Mr. Minister, the Scientology organization describes itself as a "church." What is really behind that?

Dr. Beckstein: By using the word "church" the Scientology organization makes a claim that it is a religious or philosophical organization. That is exactly what the Federal Labor Court said in its decision of 22 March 1995 that Scientology is not. According to the decision of the Federal Labor Court, this self-proclaimed character of religion or philosophy serves only as a pretext for pursuing business objectives. One can also see from the story of how Scientology started as an organization that its religious or philosophical character is portrayed only as a preventive measure against criticism and state intervention.

How dangerous is Scientology for the individual, for society and for the state?

Dr. Beckstein: Any individual is open to multiple serious risks either as a customer, member or critic of Scientology. Customers who consume services such as psychotests, courses and the like are imperiled most of all by financial exploitation, indebtedness and dependency. In addition to that, they are putting their health at risk with dilettantish "psychotherapy" that could result in anything from a nervous breakdown to an attempted suicide. Members who work for Scientology will be denied their right s with regard to German labor and social security law, as has been noted in court proceedings. Critics are posed by Scientology as "suppressive" or "anti-social" persons, equated with the criminal or insane, and threatened and prosecuted.

With regards to society and the state, Scientology poses an extreme danger as an "organization that combines elements of white-collar crime and psychoterrorism with cult-enclosed business operations under the guise of religion (decision of the Interior Ministers Conference of 6 May 1994) that strives in the long run for world domination and must be met with the combined mechanisms of state agencies.

This organization is also said to be trying to systematically infiltrate business with its own companies and through top management. Are there any factual findings to this effect?

Dr. Beckstein: According to reports at hand Scientology values its business contacts today much more than it does its "church" department. According to these, the Scientology organization is expending 75% of its energy on increasing its influence in the business world. The main contributor in this area is WISE ("World Institute of Scientology Enterprises"), to which German companies also belong. The media and expert literature are reporting continually on that.

Are there any known cases of Scientology trying to install its own educational courses or platforms for children, teens or adults?

Dr. Beckstein: In the education sector the "Zentrum fuer Individuelles und Effektives Lernen" (ZIEL) is active, which is part of Scientology's ABLE branch. It's been generally found that Scientology offers a complete set of educational services for children, which underscores the dangerous of this organization.

Mr. Minister, is the Scientology organization regarded as a totalitarian organization that is at odds with the constitution?

Dr. Beckstein: This question has been answered in the affirmative by a number of experts. The recent opinion from an expert in Frankfurt broadcast by the media also goes in that direction. The proper state authorities, however, have not yet put this question to the test.

What legal alternatives may be pursued in taking steps against Scientology and its multitude of front organizations?

Dr. Beckstein: The state government's list of measures of 17 October 1995 and the decision of the Interior Minister of 15 December 1995 about Scientology describe a good number of legal measures, such as revocation of registration for Scientology associations and use of business, revenue and medical malpractice laws. The state is meeting the challenge as set forth by Scientology.

Schulreport 1/96 continued ...

Information about the Scientology Organization

In connection with increasing the public awareness about the Scientology organization, schools are explicitly requested to provide information during the course of the upcoming year.

1. Students - apart from dealing with the theme in teaching plans, at all grade levels, in conjunction with the SMV, discuss as appropriate the goals, strategies and methods of operation of the organization and its sub-organizations.

2. With regard to the parents association, distribute information to parents as appropriate, e.g., an information evening on this problem area. Parent information should be supported by the "Schule aktuell" magazine, and this should be pointed out explicitly.

Useful references also include a brochure from the Federal Ministry for Family, Seniors, Women and Youth called "The Scientology Organization: Goals, Practices and Dangers" available from the Federal Administrative Office in 50728 Cologne. Another reference that can be given is a publication from the Bavarian State Center for political information work, "New Religious Movements," the second edition of which is available to all schools. Further information is contained in several films (FWU, Landesbildstellen).