provisions of article 25. Similarly, under articles 18, 19 and 22, the State party was required to adopt positive and effective measures to protect the authors against discrimination by private persons or organizations such as the CDU, either because of the close link between those rights and the right under article 25 to take part in the conduct of public affairs, or based on the general applicability of the principle of non-discrimination contained in articles 2, paragraph 1, and 26 of the Covenant. The authors conclude that, despite the State party’s broad discretion regarding the implementation of these obligations, the adoption of general legislation in form of the Political Parties Act, which failed to prohibit discrimination based on religion or belief, falls short of meeting these obligations. However, the authors had failed to substantiate such a violation. In particular, the State party argues that it had complied with its obligation under article 25 to protect the authors’ right to take part in the conduct of public affairs, through the enactment of article 10, paragraph 4, of the Political Parties Act, which significantly restricted the autonomy of political parties to expel members. The authors’ rights under article 25 had not been unduly restricted by their expulsion from the CDU, taking into account the German courts’ examination of whether the requirements set out in article 10, paragraph 4, of the Political Parties Act, had been met, as well as the authors’ freedom to found a new party. 5.4 Lastly, the State party submits that the authors’ claim under article 18 of the Covenant is inadmissible ratione materiae, because the “Scientology Organi[z]ation” cannot be considered a religious or a philosophical community, but an organization aimed at economic gains and acquisition of power. 6.4 In addition, the authors argue that the State party has supported and encouraged the adoption by the CDU of resolution C 47 through numerous statements and actions which were allegedly biased against Scientology, such as a letter by the Federal Minister of Labour supporting the first author’s exclusion from the CDU, or by false statements and official publications regarding the Church of Scientology. 6.1 On 7 April 2003, the authors responded to the State party’s submissions on admissibility, submitting that the communication is admissible ratione temporis, ratione personae and ratione materiae. They argue that their claims relate to events which occurred after the entry into force of the Optional Protocol for the State party in 1993, namely their expulsion from the CDU, rather than to the adoption in 1991 of resolution C 47, which had not been applied to initiate exclusion proceedings against them until 1994. Subsidiarily, and by reference to the Committee’s jurisprudence, the authors claim that, in any event, the adoption of that resolution had continued effects, resulting in their expulsion from the CDU in 1994. 6.5 In the authors’ view, the limited review by the German courts of the decisions of the CDU party courts failed to ensure respect for the authors’ rights under the Covenant. Thus, it was obvious that, while manifestations of religion or beliefs, as well as the exercise of the right to freedom of expression, may be subject to limitations, the “core” right to hold beliefs or opinions was protected unconditionally and may not be restricted. Since the CDU, throughout the domestic proceedings, presented no evidence to the effect that the authors had made any statements or had engaged in any activities in violation of the law or the party’s standards of conduct, the German courts had failed to apply these principles, thereby triggering the State party’s responsibility under the Covenant, which applied to all State organs including the judiciary. 6.2 The authors submit that the alleged violations are attributable to the State party, because the State party (1) had failed to comply with its obligation to ensure and to protect the authors rights under the Covenant; (2) had interfered with those rights through official statements and actions encouraging, directly or indirectly, the authors’ expulsion from the CDU; and (3) was responsible for the failure of the German courts properly to interpret the extent of the authors’ rights, as well as the State party’s corresponding obligations, under the Covenant. 6.6 The authors stress the need to distinguish their case from the decision of the European Commission of Human Rights in Church of Scientology v. Germany (Application No. 34614/97), where the applicant had failed to exhaust domestic remedies and to demonstrate that it had received specific instructions from its members to act on their behalf. While conceding that the Commission found that it could not entertain claims regarding violations by private persons, including political parties, they emphasize that the application did not involve any decisions rendered in domestic proceedings and that certain rights, in particular the right to take part in public affairs, were not protected under the European Convention for the Protection of Human Rights and Fundamental Freedoms. 6.3 In particular, the authors argue that the State party’s violation of its duty to protect their Covenant rights by failing to take any effective measures to prevent their exclusion from the CDU constitutes an omission attributable to the State party. In accordance with the Committee’s interpretation of article 25 of the Covenant, the State party was under a duty to take positive steps to ensure that the CDU, in its internal management, respects the free exercise by the authors of their rights under the applicable 43

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