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
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