conviction and the commitment to religion or belief.5
According to the Committee, the right to freedom of
religion or belief was not limited to traditional
religions, but also protected newly established and
minority religions and beliefs. The authors outline
the teachings of the founder of the Church of
Scientology, Ron Hubbard, and argue that the CDU
declaration form requiring them to publicly
denounce their affiliation with Scientology in order
not to be excluded from the party operated as a
restriction, based on their religion or belief, on their
right under article 25 to participate in public affairs
and, as such, constituted coercion designed to
compel them to recant their beliefs, in violation of
article 18, paragraph 2, of the Covenant.
matter is not being and has not been examined under
another procedure of international investigation or
settlement.
State party’s admissibility submission and authors’
comments
5.1 By note verbale of 21 January 2003, the State
party challenged the admissibility of the
communication, arguing that it is inadmissible
ratione temporis, on the basis of the German
reservation concerning article 5, paragraph 2 (a), of
the Optional Protocol, since the alleged violations of
the authors’ rights had their origin in events
occurring prior to the entry into force of the Optional
Protocol for the Federal Republic of Germany on
25 November 1993.
4.4 By way of analogy, the authors refer to the
Committee’s concluding observations on the fourth
periodic report of Germany, where the Committee
expressed its concern “that membership in certain
religious sects as such may in some Länder of the
State party disqualify individuals from obtaining
employment in the public service, which may in
certain circumstances violate the rights guaranteed in
articles 18 and 25 of the Covenant.”6
5.2 Although the decisions of the District Party
Courts confirming the authors’ expulsion from the
CDU dated from July and, respectively, December
1994, these decisions were based on resolution C 47,
which had been adopted by the National Party
Convention on 17 December 1991. The State party
argues that, pursuant to its reservation, the decisive
point of time for determining the applicability of the
Optional Protocol was not the alleged violation as
such but rather its origin “within the meaning of
material or perhaps also indirect cause(s)”. This
could be seen when comparing the German
reservation with the different wording of
reservations entered by other States parties to the
Optional Protocol such as France, Malta and
Slovenia, which explicitly referred to violations
resulting from acts, omissions, developments or
events which occurred after the entry into force of
the Optional Protocol for these States or from related
decisions. Furthermore, the authors’ claims
essentially focused on resolution C 47, in the
absence of any additional objections regarding the
individual decisions on their exclusion from the
CDU, which merely implemented that resolution.
4.5 The authors contend that their expulsion from
the CDU amounts to discrimination within the
meaning of articles 2, paragraph 1, and 26 of the
Covenant, since no other religious group had been
singled out for exclusion. Moreover, they submit that
in a 1992 position paper justifying the adoption of
resolution C 47, the CDU blatantly mischaracterized
the Church of Scientology as being opposed to
democracy and social outreach programmes, while
in reality Scientology promoted such values.
4.6 The authors claim that their exclusion from
the CDU caused them serious personal and
economic injury. Thus, in the first author’s case, the
District Administration of Euskirchen had denied
him a business license on the ground that he was a
Scientologist and therefore “unreliable”, whereas his
bank had cancelled his business account without
stating any reasons. As a consequence of the damage
caused to his business, he had to sell his company to
his son who was not affiliated to Scientology. In the
case of the second author, the public campaign
against him had severely injured his private dental
practice, which had moreover been “S-marked” by
the Federal Labour Office, thereby falsely
identifying it as a “Scientology company”.
5.3 The State party submits that the
communication is also inadmissible ratione
personae under article 1 of the Optional Protocol,
since it failed to address violations by a State party,
and argues that it cannot be held responsible for
expulsions of members from political parties, as
these were freely organized associations under
private law. By reference to the jurisprudence of the
former European Commission of Human Rights,7 the
State party submits that the only exception to this
caveat would consist in a violation of its obligation
to protect the authors’ rights under the Covenant
against unlawful interference by a third party.
4.7 The authors claim that they have exhausted all
available domestic remedies and that the same
5
The authors refer to the Committee’s General
Comment 22, at para. 1.
7
See European Commission of Human Rights,
Application No. 34614/1997, Church of Scientology v.
Germany, decision of 7 April 1997.
6
Concluding Observations on the fourth report of
Germany, CCPR/C/79/Add.73, at para. 16.
42
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