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Newsgroups: alt.religion.scientology,soc.culture.german
Subject: FAQ: scientology in Germany
From: Tilman Hausherr <tilman@berlin.snafu.de>
Date: Sun, 06 May 2001 15:31:39 +0200
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FAQ: scientology in Germany
The following FAQ is trying to answer a few commonly asked questions
about scientology in Germany, and to correct some common misconceptions
by readers or some blatant inaccuracies by scientology.
This FAQ can be found here:
http://www.snafu.de/~tilman/faq-you/germany.txt
A third-party HTML version can be found here:
http://wpxx02.toxi.uni-wuerzburg.de/~krasel/CoS/germany/faq.html
1. Is scientology a religion in Germany ?
2. Under what status does scientology operate in Germany?
3. How is scientology doing in german courts?
4. What's the meaning of legal precedents in german courts?
5. How is scientology reacting about the labor court decision ?
6. What about the "InSects" booklet ?
7. What's going on with Chick Corea?
8. Hasn't a criminal investigation on scientology been closed?
9. Were any scientologists sent to jail?
10. How many scientology members are there in Germany?
11. Any links between Scientology and right-extremists?
12. Does scientology get money through real-estate deals of its members?
13. Were children expelled out of Kindergartens?
14. Why is Germany more attacked by scientology than other countries?
15. Who is Ursula Caberta?
16. Who is Wiebke Hansen?
17. What are the human rights violations against scientology?
18. Does scientology own a german beer company?
19. Are there similarities between pictures in the SS magazine
"Der Stürmer" and german newspapers?
20. Did political parties exclude scientologists?
21. Did the State Department mention Germany negatively?
22. Did a UN report mention Germany negatively?
23. Did the CSCE mention Germany negatively?
24. How does the german constitution protect religions?
25. What is the german "church tax"?
26. What exactly does the labor court decision say?
27. What was decided in Bavaria?
28. What does the german population think about scientology?
29. Why are some people against the secret service snooping
on scientology?
30. What is Kurt Weiland's early record in Germany?
31. Have any german scientology officials been indicted?
32. Why does scientology make such off-base accusations against Germany?
33. Overview of recent legal trouble by scientology / scientologists
1. Is scientology a religion in Germany ?
Clearly not. But for a full answer to that, the best is to show what
status real religions have:
a) Public law corporations
Beyond the basic tax-exempt status, state governments grant certain
religious groups "public-law corporation" status. This status entitles
an organization to levy taxes on its members; the taxes are collected by
the state and distributed proportionally to the religious group's
enrolled membership. State governments also subsidize various
institutions affiliated with such public-law corporations, such as
schools and hospitals. In order to attain public-law corporation status,
a religious organization much show that its constitution and membership
offer an assurance of its permanency. Although commonly thought to
include only the Lutheran and Roman Catholic churches, Jewish
congregations, and a few small free churches, the number of
religious groups that have acquired public law corporation status is
significantly larger.
[text from state dept. human rights report 1997]
It requires that a community exists for a significant amount of time
(thumb rule: 30 years), has a significant amount of members (thumb rule:
1/1000 of the population in the state, only "full members" are counted),
and respects the constitution. Scientology once made a call for "10,000
IAS lifetime members" in the hope to get that status. I have no
indication whether they were able to reach their goal.
(An older paper article in German that explains this "public body"
status in the context of the JW litigation is available on request)
b) Corporation for the public benefit "Gemeinnütziger Verein"
This status is rather easy to get and is analog to IRS 501c3 but
requires honest bookkeeping. It is a non-profit community that delivers
something for the public. This can be religious, charitable or
educational. While it may be that scientology orgs had that status
decades ago, I do not know any that has it today.
c) Be seen as religion by the courts
Although scientology has won some cases in courts, the record today does
not look very good for them. Most famous is the decision of the labor
court telling that they are *not* a religion.
2. Under what status does scientology operate in Germany?
Mostly as non-profit community "Eingetragener Verein". Easy to register
- you just need seven people and a notary who makes the core contract
"Satzung". You can have almost everything in it, from rabbit breeders to
foot fetishists. It rather very difficult to force the deregistration of
such a community, but city officials have successfully prevented
scientologists to register new communities, or have forced communities
to register their book and course sales through a separate, for-profit
entity. The most successful was Hamburg who won a court case all the way
up to the federal administrative court (see legal part). Other cities
have won too; in some cities, scientology has even agreed to register
their business as such and has withdrawn lawsuits.
3. How is scientology doing in german courts?
a) Analysis of scientology's point of view
Scientology alleges that there are 25, 30, 57 or 43 german court
decisions saying that "scientology is a religion". I have waited to
receive them for over a year. I asked publicly for exact court reference
numbers, for description of the litigation, and for names of the parties
involved, and whether the decisions are final. No answer.
I am particularly interested in the 1985 decision about Karl-Friedrich
Munz. The court reference number mentioned is the FAX number of the
court. Nevertheless, I was able to find the court decision number (it
was printed in a small photo in "Freiheit", where they claimed it was a
1995 decision). I called the court. The clerk was very helpful, and
called me back later to tell me that the decision had been routinely
destroyed long ago, as is always done with "Ordnungswidrigkeiten" (minor
non-criminal cases, like false parking).
The description of the web page of Leisa Goodman is misleading. Through
matching with an excerpt posted by another scientologist (Andrew Milne)
it came out what I assumed: Lie-sa had printed the self-description of
scientology that was mentioned by the court as such. I have still to see
that court decision.
In "Freiheit" the scientologists are also misrepresenting decisions,
e.g. they claim that the federal administrative court confirmed the
religious character of scientology. This is a 100% lie - the court left
it open.
b) Analysis of what's actually happening
Scientology and Scientologists have both lost and won court cases.
They have won court cases against writer Renate Hartwig who had to
change her book at least twice; won the right to distribute "Freedom" on
the streets (because it is both commercial and opinion) in Hamburg; won
against being forced out of non-profit status in Stuttgart (pending!);
won against being denied to run an au-pair service; won in 1988 the
right to distribute material in Berlin (now no longer applicable); won
an injunction against distribution of a publication in Hamburg; aquitted
after distributing materials in Freiburg (contradicts a parallel court),
won an injunction against the "outing" of Sabine Haag, the wife of a
well-known scientologist; won twice forbidding the state to ask
*current* bavarian state employees whether they use the technology of L.
Ron Hubbard.
They have lost a lot more, like being forced to register a commercial
business in Hamburg; forced to repay course fees; forced to return a
"freeloader bill"; being declared as "not a religion" (this is the
"labor court decision"); denied an injunction against strong-worded
statements by a Minister; being prohibited to recruit on the streets of
Stuttgart; denied an injunction against information in schools; fined
for insulting a reverend in writing; denied to skip the draft for
"religious reasons".
An overview of won and lost cases can be found here:
http://members.xoom.com/lars_baehren/german/courts/
4. What's the meaning of legal precedents in german courts?
(I am not an attorney. German attorneys - please confirm this!!!!!)
It is much, much less significant than in UK or US courts. On the lowest
level, each court decides for itself, although it will usually not
contradict a decision by the higher court in the state, since he would
look foolish on appeal.
On the middle level (OLG / OVG), courts can still rule differently than
courts on the same level. They will or will not allow review by the
federal court. Review is allowed if a) the issue is an important law
question or b) the court ruled differently than the federal court. If
review is not allowed, a party can "complain" about not being allowed
and the federal court will decide on the complaint. If review is
allowed, the federal court will look at the court files and analyse
them. There is usually just a short hearing; there is not much the two
parties can do. The federal court will then upheld the decision or send
it back for retrial.
It is important to understand that precedents are usually not binding -
they *can* be mentioned. They are used rather as a help for the court,
who can read them and see if they can be reused.
It is also possible to complain to the constitutional court (BVerfG), if
a party alleges that a decision or a law violates the german
constitution. The court often refuses to hear cases, sometimes without
comment, sometimes with the comment that ordinary courts haven't been
used, sometimes others. Scientology once lost a case in which the
constitutional court ruled that offering personality tests is a
"missionary activity" and not "practice of religion".
A description of the german court system can be found here:
http://www.bundesregierung.de/ausland/system/sys05.html
5. How is scientology reacting about the labor court decision ?
That is the decision saying that scientology is not a religion. It was a
devastating loss for scientology.
a) "We weren't heard"
This was said by Franz Riedl on one TV show, and is a blatant lie.
b) "We were heard but they didn't accept our documents"
This was said by Andrew Milne. The court got scientology's own books;
about the half of the very long court decision are scientology texts.
c) "We heard about the decision from the press"
This is true, but not unusual at all. The courts do this very often, and
it often leads to the result of the loser saying "I cannot comment, I do
not have the written decision yet".
d) "The court was biased"
Means "we lost but we can't behave like adults"
e) "The court ignored lower decisions"
This is 1. not true (some lower decisions did say that scientology is
not a religion), 2. not unusual since higher courts sometimes overturn
lower court decisions. That's why people go to these courts!
f) "It is the result of enlightment campaigns directed at judges and
state attorneys"
This remark is unlogical and probably a blatant lie. If the judge was
present at such a seminar, then the scientologists could have filed a
motion to force the judge(s) to step down. Scientology has not alleged
this! Scientology has also never alleged that a judge did attend such a
seminar. That state attorneys are attending such seminars is just fair,
as they have to be informed about criminality.
g) "It's not over and we will appeal to the european court"
Nothing like that ever happened. It *is* over. They cannot appeal. They
could have gone to the federal constitution court, but didn't. They know
why: such a decision would be the end and would be *binding* to lower
courts.
h) "The decision is irrelevant to lower courts and has never been used
by them"
The decision has already been used in the following court cases (and
probably others) lost by scientology:
- The Blüm appeal (OVG Münster, Az: 5 B 993/95)
- The Corea appeal (VGH Mannheim, Az: 10 S 176/96)
- The Stuttgart appeal (VGH Baden-Württenberg, Az: 5 S 472/96)
- The Berlin labor court appeal (LAG Berlin, Az: 13 Sa 19/97)
- A Hamburg city decision (VG Hamburg, Az: 11 VG 4855/95)
- The CDU expulsion appeal (OLG K?ln, 22 U 190/97)
6. What about the "InSects" booklet ?
This booklet was printed by the common youth organization "JU" of the
CDU/CSU, which were the main ruling parties at that time. It was *not* a
government booklet. The JU has no real influence on the party, and
certainly not on the government. The JU (and the JUSOS, which is the
organization of the social democratic party) is rather a playground for
the juniors. The cover has flies and a fly swatter. I have now received
confirmation that this booklet 1. exists, 2. is considered to be "dumb"
by two anti-cult activists I asked.
http://hatewatch.freedommag.org/hatewach/issues/eng/risehv/appxq01.htm
Scientology has often reprinted the cover, but has never discussed the
contents. Scientology has also never alleged that the contents called
for violence against scientologists.
7. What's going on with Chick Corea?
a) Is he banned in Germany?
Mr. Corea is not "banned". In 1993, he was refused state subsidies in
Stuttgart, and business talks between the state-hired agent and his
agent were stopped, after the state learned that he promotes
scientology.
He can play in Germany as often as he wants. He just has to sell tickets
and/or to find non-state sponsors.
He sued the state of Baden-Württemberg, lost, and lost, appealed, lost,
appealed again, lost. (see in the legal section of this FAQ)
Nevertheless, he performed in Germany as recently as March 24, 1996,
during the 27th International Jazz Week held in Burghausen, an event
which received approximately $10,000 in funding from the Bavarian
Ministry of Culture.
According to buk@gmx.de, the public TV station 3sat aired a two hour
concert of him in 1997; he heard that he is also being played on public
radio as well, so he gets public funds via royalties.
b) Is he a recruiter for scientology?
Yes.
Statement in Impact #12, p.20:
"I have some personal policies as a performer.
I consider it's my job to audit an audience."
About acknowledging L. Ron Hubbard in his records:
"But many Scientologists and even Sea Org members
have told me that it is because of that simple
action that they are now Scientologists."
c) What was going on in Hessen?
Hessen is another german state. Chick Corea was forced to sign a
contract forbidding him to proselytize, or being forced to pay a huge
amount of money in the case he violates that agreement. Scientology
alleges that Chick never proselytizes in concerts. So what's the
problem? It shouldn't be difficult to sign something forbidding an
activity that was never attempted.
http://hatewatch.freedommag.org/hatewach/issues/eng/risehv/appxj03.htm
Besides, he said in Impact #12, p.20:
"I have some personal policies as a performer.
I consider it's my job to audit an audience."
d) Have other people been critical of Corea?
Yes, the mayor of Clearwater, FL. Here an excerpt of an article from the
St. Petersburg Times, 21.3.1999:
At a commission meeting earlier this decade, Garvey voted
against giving taxpayer money to a local concert because
longtime Scientologist Chick Corea was one of the performers.
8. Hasn't a criminal investigation on scientology been closed?
Yes, the Hamburg investigation relating to §129 ("Founding a criminal
organization"). Other investigations are still going on. But scientology
itself cannot be indicted in Germany, because criminal law does not have
the possibility to indict organisations, only people.
===
http://www.geocities.com/Athens/Oracle/4497/einstell.tif
The prosecutor writes:
"Finding evidence of criminality-intended and with the values of
the constitution law incompatible structures of a majority of
people doesn't mean at the same time the existence of a
criminal organization as in §129. The condition for this are
actual indications that a long-term and rigid organized group
of people have decided to plan and commit crimes, and this with
the knowledge of being in an organized group. It is not enough
if committing crimes is just a purpose or an occupation of
lower meaning. It is also not enough if only single members
commit crimes."
Investigations about the suspicion of tax or economic crimes were
separated and investigated in the appropriate departments of the state
attorney. The interior ministry has issued a lengthy statement to the
attorney general and has asked for a re-opening of the investigation.
[From Caberta's report on scientology]
===
It is also important to understand that in Germany, to commit a crime,
you must do it with the "intention" to commit a crime. This means that
if a scientologist tells someone to stop taking his medicine, and the
person dies, the scientologist cannot be charged for wrongful death -
because he did it with the intention of "helping" his victim. (But he
can still be indicted for illegal practice of medicine)
9. Were any scientologists sent to jail?
Yes. Detlef Foullois and Karl-Eric Heilig in 1993 for tax evasion. They
were "Patron Gold Meritorious".
10. How many scientology members are there in Germany?
For years, the "official" number was "300,000". But in the last years,
the "official" number given by the scientologists is "30,000". In fall
1997, the number has been revised to only 10,000 (Sabine Weber in an
Interview of SFB "Berlin Life" 21.10.1997, quoted in recent Senate
booklet on scientology). In 1999, the "Verfassungsschutz" talked about
5000-6000 members.
The german scientology organization was financially the second biggest
in the world, seen by the count of "Patrons" in IMPACT magazine.
11. Any links between Scientology and right-extremists?
a) Tom Marcellus
He was director of the Holocaust denying "Institute for Historical
Review" for over a decade (this stopped 1995), and is also "Patron" of
the IAS, which means he has donated $40,000. In 1995 he had a dispute
with Willis Carto, the finance guy there, involving whether they would
discuss Holocaust denial or other (hateful) topics. It resulted in Carto
being thrown out. Marcellus left after his role was discussed in a
german radio programme (may or may not be related).
"Freiheit" printed this (translated):
On his own initiative scientologist Tom Marcellus organised
a movement against Willis Carto and threw this extremist out
of an organization named Institute for Historical Review, after
he had discovered that this institute, that claimed to have
been founded to correct historical mistakes, was in fact being
used by Carto to propagate the Auschwitz-lie. But Carto is
still controlling the Liberty Lobby and The Spotlight.
But let's hear Marcellus himself, when he speaks about the Mermelstein
litigation: (http://www.ihr.org/jhr/v14/v14n1p25_Okeefe.html)
2.The IHR did not accept or in any way agree
with Judge Johnson's ridiculous 1981 "judicial notice"
that Jews were "in fact" exterminated in
"gas chambers" at Auschwitz.
3.The IHR has not retreated one inch from
its well-known position that there is no
credible evidence to support the theory that
Germans allegedly used homicidal poison gas
chambers to exterminate the Jews of Europe.
In an interview on Radio Islam in December 1991, he said this:
And this also added to the impetus, so since that time interest
in this topic has continued to expand and grow because we
caught something here and we started to take it apart, and it's
revealed that this massive, this massive campaign to convince
the Western world of what allegedly took place in Europe before
and during World War II has no basis in fact, and this gigantic
whopper as, as some of us call it here is, is all the more
fascinating because of the fact that, that it is being shown to
be a, a hoax.
http://www.nizkor.org/ftp.cgi/people/f/farrakhan.louis/rami-interviews-ihr
There is also a direct link between Scientology and the IHR: some IHR
money went straight to Scientology. The following is a transcript from
the trial LEGION v. CARTO from 1996:
14 Q ISN'T IT TRUE, MR. MARCELLUS, BESIDES THE SALARY
15 YOU RECEIVED FROM THE BANQUE CONTRADE FUNDS, THAT YOU ALSO
16 ASKED MR. CARTO TO DIRECT SOME OF THAT MONEY TO ONE OF THE
17 CAUSES THAT YOU FOLLOWED; ISN'T THAT TRUE?
18 A INDEED. ON TWO OCCASIONS, I ASKED HIM TO, INSTEAD
19 OF MAKING THE CHECK OUT TO ME, HAVE THE CHECK MADE OUT TO
20 F.S.O., FLAG SERVICE ORGANIZATION.
21 Q THAT IS SCIENTOLOGY, ISN'T IT?
22 A THAT'S CORRECT.
23 Q YOU ASKED HIM TO GIVE SOME OF THE FARREL ESTATE
24 MONEY TO SCIENTOLOGY; ISN'T THAT CORRECT?
25 A NO, SIR. I ASKED HIM TO GIVE SOME OF MY SALARY
26 COMING OUT OF THE LEGION ACCOUNT TO AN ORGANIZATION THAT I
27 WANTED TO BENEFIT.
28 Q YOU DIDN'T THINK THAT WAS WRONG, DID YOU?
1 A I'M SURE IT'S NOT WRONG.
http://www.access1.net/lsf/carto/litigation/farrel/961104trial.html
and another, in which Carto gets questioned:
23 Q DID YOU DISPENSE SOME FUNDS TO THE LEGION?
24 A YES.
25 Q HOW MUCH?
26 A ABOUT $750,000.
27 Q DOES THAT INCLUDE PAYMENT OF $73,000 TO
28 MR. MARCELLUS?
1 A WELL, TO SCIENTOLOGY, I GUESS.
2 Q DID MR. MARCELLUS DIRECT YOU TO MAKE THE PAYCHECKS
3 OUT TO THE CHURCH OF SCIENTOLOGY?
4 A IN THOSE CASES, HE DID, RIGHT.
5 Q AND DID THAT $750,000 INCLUDE A BONUS FOR
6 MR. MARCELLUS?
7 A YES.
http://www.access1.net/lsf/carto/litigation/farrel/961107trial.html
In June 1998, Marcellus got a personal home page on scientology's web
site:
http://www.our-home.org/tommarceilus/index.htm
b) Fletcher Prouty
Not a scientologist but a so-called "expert witness" in scientology
press releases, who has also connections with Marcellus and Carto.
Scientology brought him up after the Armstrong fiasco - he claimed that
there was a second, real Hubbard file in the navy, because Hubbard had
been a secret agent.
http://mcadams.posc.mu.edu/prouty3.txt
Prouty's topic at the opening session of the 1990
Liberty Lobby Convention was "The Secret Team."
The new Institute for Historical Review's
Noontide Press edition of Prouty's book "The
Secret Team" was released at the Liberty Lobby
conference. Prouty assured the audience it was an
"enormous privilege" to have his book republished
by the Institute for Historical Review, a group,
Prouty claimed, that keeps people "from revising
history." Prouty thanked Willis Carto and Tom
Marcellus of IHR for the "guts and good sense" to
republish his book.
See more on prouty here: http://mcadams.posc.mu.edu/prouty.htm
Prouty was an advisor on the JFK film and was the model for
the film's character "Mr. X."
Prouty also wrote an "authorized biography" of L. Ron Hubbard:
http://www.amazon.com/exec/obidos/ISBN=088404274X/denniserlichdefeA/
Prouty also wrote about positively scientology religion:
http://www.scientology.org/wis/wiseng/30/30-idx.htm
"Freedom" has also printed Prouty's articles:
http://www.freedommag.org/25thanni/express.htm
And Prouty was a "character witness" for holocaust denier Willis Carto:
http://www.cis.ohio-state.edu/hypertext/faq/usenet/holocaust/ihr/part02/faq.html
During the lengthy legal battles surrounding the Mermelstein
lawsuits against the Liberty Lobby and Willis A. Carto, Prouty
and fellow PAC advisory board member Lt. Col. James "Bo" Gritz
were "prepared to testify as character witnesses on behalf of
Liberty Lobby founder Willis A. Carto."
(Spotlight, 10-7-91, 12)
c) L. Ron Hubbard
According to former Scientologist and Hubbard biograph Gerry Armstrong,
L. Ron Hubbard himself subscribed to Carto's magazine "The Spotlight".
d)
Anti-semitism fits into the scientology way of thinking: scientologists
have contempt for victims, because they apply the "overt-motivator"
logic which means that someone who accuses another of a crime did
himself commit a crime (except of course scientologists themselves, they
are allowed e.g. to accuse Germany of crimes). Scientologists also
believe that everyone is responsible for what happens to him. Hubbard
mocks the jews in the book "Introduction to scientology ethics", p. 175:
"I found out that only those who sought only peace were ever
butchered. The thousands of years of Jewish passivity earned
them nothing but slaughter"
12. Does scientology get money through real-estate deals of its members?
Scientologists in Hamburg and Germany have made money through the
condo-conversion business. Scientologists have been accused of using
harassment tactics to get apartments rids of their tenants (apartments
sell much higher empty).
The following is translated from Caberta's report, it is a letter from
the famous Hamburg realtor G?tz Brase to his staff, 15.3.1993, showing
how the scientology *organisation* benefits from this business:
"You have really wonderfully fulfilled the purpose of the
company, by succeeding to produce a highest-ever for the most
important stat of the company just for RON's birthday: sold
apartments. 22 housing units were sold in one week, and a
highest-ever in the form of 23 reservations was accomplished.
Besides this, one [Interest- ????] house with 72 housing units
was sold and another with 74 housing units was bought. We have
always found out that the result of our performance is our team
spirit and our purpose [I know this sentence sounds unlogical -
it is so in the original text].
With each week, in which we sell more than 20 housing units, we
get one step closer to our target, to finance a new org
building."
See also in the legal part for "Antje Blumenthal"
13. Were children expelled out of Kindergartens?
This has been alleged by scientology. MP Renate Rennebach's office has
investigated one allegation that two girls had been expelled from a
Kindergarten. It was a lie. The girls did exist. One, the daughter of
well known scientologists, was _not_admitted_ to a private *protestant*
Kindergarten; the second attends classes there, she's the friend of the
first. But a foto with both little girls was printed in "Freiheit",
probably without permission.
A german text about this is available on request or through the search
feature at http://www.spdfrak.de or by using the my preconfigured SPD
scientology search page button on my german home page at
http://www.snafu.de/~tilman/scientology_ger.html
What scientology is really mad about is that there were not able to
start scientology schools.
14. Why is Germany more attacked by scientology than other countries?
One should assume that other countries where scientology is in trouble
(Sweden, Greece, Russia, France, Spain) would also be attacked.
Some possible reasons:
1. Germany is the 2nd biggest source of funds for scientology
2. Germany has excellent contacts with Eastern Europe
3. Germany instigated the most activities against scientology in Europe
4. Germany's past of religion-based genocide is a convenient alibi
(See also the answer to question 32 of this FAQ)
It has to be noted about (4) that scientology will always find the
"worst" in a country to launch an attack. For example, after the arrest
in Spain, scientology whined about the come-back of the spanish
inquisition.
15. Who is Ursula Caberta?
The head of the "scientology task force" in the Hamburg interior
department. She is enemy #1 for scientology in Germany. Scientology's
Mike Rinder called her a "Modern day Goebbels".
Beh?rde für Inneres beim Senat der Hansestadt Hamburg
Arbeitsgruppe Scientology
attn: Ursula Caberta
Eiffestra?e 664B
20537 Hamburg
Germany
Phone: +49 40 42 88 66 444
Fax: +49 40 42 88 66 445
16. Who is Wiebke Hansen?
The former head of the Hamburg org. She was removed in 1995 and was
"found" in "Happy Valley", where the RPF is. She is said to be in the US
to "deepen her studies". Others believe that she forged statistics to
make it appear as if the Hamburg org is successful. Scientology denies
this. She has now apparently settled down there as an "artist".
17. What are the human rights violations against scientology?
Gisela Hackenjos, spokesperson for scientology, in an interview with
"taz" on 24.10.1996:
Q: "Do you consider statements critical about scientology
to be human rights violations?"
A: "Yes, of course"
http://www.pewid.ch/SCI/sciint.html
18. Does scientology own a german beer company?
No. That beer company (Warsteiner) was hurt by this baseless rumor and
issued a very strong-worded denial in newspaper ads. The rumor has now
mostly died down. See also their ad where they defend themselves against
that rumor:
http://www.geocities.com/Athens/Oracle/4497/warsteiner.tif
19. Are there similarities between pictures in the SS magazine "Der
Stürmer" and german newspapers?
Yes, for example the Octopus has been used by both. This has two
reasons:
- German newspaper cartoonists do not have a collection of
"Der Stürmer" at home to check for similarities
- The octopus is a picture representing a concept, in this case the
"Threat that is everywhere at the same time".
The question is not whether a german newspaper, or "Der Stürmer", or
scientology itself (e.g. against psychiatry) has used these pictures,
the question is whether its use is according to the facts. A german
court ruled that scientology may be called an "octopus", based on
scientology's own documents.
You can read translations of german newspaper articles here:
http://cisar.org
20. Did german political parties exclude scientologists?
Yes. The parties are democratic, and support democracy. The same cannot
be said about scientology; I have numerous references that scientology
*reject* democracy. Here just one example:
"A totally democratic organization has a bad name in Dianetics
and Scientology despite all this talk of agreement. I has been
found by actual experiment (LA 1950) that groups of people
called on to select a leader from among them by nomination and
vote routinely select only those who would kill them. They
select the talkers of big deeds and ignore the doers. They seem
to select unerringly the men of average skill. That is never
good enough in a leader and the people suffer from his lack of
understanding. If you ever have occasion to elect a leader for
your group, don't be "democratic" about it."
- HCOPL 2 Nov 1970, _The Theory of Scientology Organizations_.
Thus it is only logical that scientology is incompatible with democratic
parties. In the case of the CDU, the exclusion went through their
internal courts, and the exclusion upheld as being compatible with the
party internal regulations.
The people dismissed have now the option of litigating it in ordinary
courts. This has been done, and they have lost.
21. Did the State Department mention Germany negatively?
Yes, in their human rights report. These reports are written every year
for many countries, except for the US. The report basically says that
scientologists complain a lot, and gives examples.
1993: (5 lines)
gopher://gopher.state.gov:70/00ftp%3ADOSFan%3AGopher%3A03%20Publications%20-%20Major%20Reports%3AHuman%20Rights%20Country%20Practices%3A1993%20HRC%20Report%3A06%20Europe%20and%20Canada%3AGermany
1994: (8 lines)
gopher://gopher.state.gov:70/00ftp%3ADOSFan%3AGopher%3A03%20Publications%20-%20Major%20Reports%3AHuman%20Rights%20Country%20Practices%3A1994%20HRC%20Report%3A06%20Europe%20and%20Canada%3AGermany
1995: (15 lines)
gopher://gopher.state.gov:70/00ftp%3ADOSFan%3AGopher%3A03%20Publications%20-%20Major%20Reports%3AHuman%20Rights%20Country%20Practices%3A1995%20HRC%20Report%3A05%20Europe%20and%20Canada%3AGermany
1996: (57 lines)
gopher://gopher.state.gov:70/00ftp%3aDOSFan%3aGopher%3a03%20Publications%20-%20Major%20Reports%3aHuman%20Rights%20Country%20Practices%3a1996%20HRC%20Report%3a05%20Europe%20and%20Canada%3aGermany
1997: (67 lines)
gopher://gopher.state.gov:70/00ftp%3aDOSFan%3aGopher%3a03%20Publications%20-%20Major%20Reports%3aHuman%20Rights%20Country%20Practices%3a1997%20HRC%20Report%3a05%20Europe%20and%20Canada%3aGermany
The 1995 report, for the first time, mentions that scientology is
considered a *business* here. Scientology likes to "..." this when
quoting from the report.
It is also worth to mention that the 1996 report said:
"The Government fully respects the human rights of its citizens,
and the law and judiciary provide effective means of dealing
with instances of individual abuse."
Scientology has also tried to put themselves as victims of hatred
against minorities. But the same report said that these hate crimes
"have been declining sharply".
The 1997 report, the first under Ms Albright, is even better - it
clearly mentions court decisions lost by scientology; allegations by
scientologists are no longer written as if they were facts. It would be
very difficult for scientology to quote from the report. Example:
"Some government officials allege that Scientology's goals and
methods are antidemocratic and call for further restrictions on
Scientology-affiliated organizations and individuals."
another paragraph is also interesting:
"Section 5
Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The law prohibits denial of access to shelter, health care, or
education on the basis of race, religion, disability, sex,
ethnic background, political opinion, or citizenship. The
Government enforces the law effectively."
This means that the state department does not see any discrimination of
scientologists, although scientologists complain a lot.
Subsequent reports have also mentioned scientology. An updated listing
of such reports can be found here:
http://home.snafu.de/tilman/politics.html#state
22. Did a UN report mention Germany negatively?
No. It was a report *to* the UN, by Prof. Abdelfattah Amor, the special
rapporteur for human rights.
1994 report:
gopher://gopher.undp.org/00/undocs/eed/E/CN.4/1995/95_07/91
gopher://gopher.un.org/00/esc/cn4/1995/91
http://www.umn.edu/humanrts/thematic/religion.html
http://www.umn.edu/humanrts/thematic/religion.txt
http://www.unhchr.ch/html/menu4/chrrep/9195.htm
Most are generalities or twisting of facts. For example, the
"Volksfürsorge" is not a public institution - it is a private insurance
(this error is not in the german version of the document). Much is not
very detailed and gives room to interpretation. The source seems to be
the scientologists themselves, and Prof. Amor has simply written it all
down.
1995 report:
http://193.135.156.15/HTML/MENU4/CHRREP/9695.htm
Germany is mentioned with two lines on page 9 (mentions that allegations
of attacks have been brought by scientology and by the church of
universal life), and on page 11 (4 lines, mentioning the feedback
received).
The four lines are in a larger paragraph mentioning letters received.
Germany (legislation guaranteeing freedom of religion;
non-recognition of Scientology as a religious community, in
particular pursuant by the Federal Labour Court on the
commercial aim of Scientology; no discrimination against it)
I have been told that Prof. Amor's paper budget was reduced, therefore
he was only allowed to bring summaries in the 1995 report.
The german government has answered both reports. The answers can be
classified like this:
- incident is between private parties
- allegation of incident is inaccurate
- investigation of incident was unsuccessful due to lack of data
- incident is no discrimination but part of the duties of government
(e.g. cult awareness booklets)
- incident (e.g. bomb threat) has not been reported
- incident (e.g. bomb threat) has been investigated unsuccessfully
- litigation in the matter is pending
- litigation in the matter has not even been attempted
There was also a Q&A session in which the german delegation answered
questions:
http://193.135.156.15/tbs/doc.nsf/c12563e7005aa544c125611e0043b418/389a698dd0b48ecfc1256433004cd1d1?OpenDocument
The 1997 report is available here:
http://www.unhchr.ch/html/menu4/chrrep/98chr6a2.htm
This report is an improvement. While it still mentions that
scientologists complain, it keeps a skeptical view on it, and also
mentions the viewpoint of the german government and of victims support
groups. The report is neither negative nor positive for Germany. Most
interesting is this quote:
"In this connection there is no need to emphasize that any
comparison between modern Germany and Nazi Germany is so
shocking as to be meaningless and puerile."
The main point of the report is that Germany should do more to educate
about religious tolerance.
23. Did the CSCE mention Germany negatively?
Note: the CSCE is a US agency.
http://www.house.gov/csce/
It is not to be confused with the OSCE which is a multi-state
organisation and can be found here:
gopher://marvin.nc3a.nato.int:70/11/Other_International/csce
(as you see, they also confuse the two!), and
http://www.ihf-hr.org/OSCE1997/
Yes, they did mention Germany negatively. You can find the article here
http://wpxx02.toxi.uni-wuerzburg.de/~krasel/CoS/germany/csce.html
and also in an impossible format ("common ground") here:
gopher://server.gdn.org:70/59/CSCE/GERMANY
It contains 18 lines dealing with the Chick Corea "incident". That
report was later retracted from the conference due to pressure by the
german delegation, but was distributed to the press anyway. Surprising
is that conference chairman Dennis DeConcini, was once himself the
target of a scientology operation, as explained by this excerpt from the
1980 St. Petersburg Times Pulitzer award winning series on scientology:
... the highest officials of the Guardian Office ordered
the implementation of "Operation Devil's Wop."
It was directed at Arizona Sen. Dennis DeConcini,
who had supported various anti-cult groups. The goal of
the operation was to leak to the press a false report
linking the senator with organized crime.
Today DeConcini is no longer in Congress because of his role in the
Charles Keating affair.
A text by the german embassies is here:
http://www.germany-info.org/facts/scientology.htm
24. How does the german constitution protect religions?
Read the german constitution ("basic law") here:
http://www.jura.uni-sb.de/law/GG/gg0.htm
http://www.bundesrecht.de/Grundgesetz/
The "freedom of religion" is §4:
Article 4 (Freedom of faith, of conscience and of creed)
(1) Freedom of faith and of conscience, and freedom of creed
religious or ideological, are inviolable.
(2) The undisturbed practice of religion is guaranteed.
(3) No one may be compelled against his conscience to render
war service as an armed combatant. Details will be regulated
by a Federal law.
It is important to know that §4 cannot be seen alone. Scientology
"forgets" that their victims are protected by §1 and §2:
Article 1 (Protection of human dignity)
(1) The dignity of man is inviolable. To respect and protect it
is the duty of all state authority.
(2) The German people therefore acknowledge inviolable and
inalienable human rights as the basis of every community, of
peace and of justice in the world.
(3) The following basic rights bind the legislature, the
executive and the judiciary as directly enforceable law.
Article 2 (Rights of liberty)
(1) Everyone has the right to the free development of his
personality insofar as he does not violate the rights of
others or offend against the constitutional order or the
moral code.
(2) Everyone has the right to life and to inviolability of his
person. The freedom of the individual is inviolable. These
rights may only be encroached upon pursuant to a law.
A discussion about religious freedom in Germany by
Norbert Kirsch and Irving Hexham can be found here:
http://www.acs.ucalgary.ca/~nurelweb/germany/nor-1.html
http://www.acs.ucalgary.ca/~nurelweb/germany/nor-2.html
http://www.acs.ucalgary.ca/~nurelweb/germany/nor-3.html
Although I do not agree with some of the *opinions*,
the facts (court decisions) are quite interesting.
25. What is the german "church tax"? Do churches get state funds?
The two main churches (catholic and protestant) collect a sort of tithe
through the taxes, as a surcharge of about 8% on regular taxes for
people who consider themselves member of them. This is an
*administrative* privilege of these churches, based on an old contract
with the states. Many people dislike this, and there has been a steady
flow of people leaving "the church". This involves only filling out a
simple form at the tax office. Unlike the US, most germans don't really
"go to church" all the time, they just believe (or maybe not) and that's
it. And when the taxes get higher and higher, they make their decision.
Some people also have the habit of staying only in the church to have a
traditional white wedding, and then go.
Yes, churches get state funds. The two main churches because of
something that happened in 18xx when much property was taken away from
the churches. This is of course not very popular for tax payers, except
for the churches :-)
Germany also subsidizes the jewish and islamic religious communities
(and maybe some more) for other reasons, probably simply because they
subsidize a lot. A lot of people disagree with this practice, but
nothing changes.
Contrary to what scientology is saying, this is *not* unique in Europe.
Italy has also a "church tax", but it differs from Germany.
You can choose if you want to give 0,8% of your income tax to a
church (not scientology!) or to the state for educational / charity
purposes.
According to Jonas Flygare <flax@kairos.algonet.se>, Sweden has also a
"church tax": The default is that you pay the tax, unless you put in an
application to not be a member of the state church. Your tax is then
reduced by the appropriate amount.
26. What exactly does the labor court decision say?
The federal labor court decides only questions of law; it is bound to
the fact findings of the state labour courts. The decision of whether
the appealed lower court decision contains legal errors is not only
meant to provide the litigation parties with a correct decision but also
to keep legal decisions uniform, and this way strenghten legal security
and legal education.
[translated from http://www.bundesarbeitsgericht.de ]
German text at http://home.t-online.de/home/Ingo.Heinemann/azb21-94.htm
and http://www.religio.de/5azb2194.html
a) Main statements of the court
1. "Scientology Kirche Hamburg e.V." is not a religion as stated
in the constitution.
2. Staff members of scientology are employees.
3. Working for a "community" does not allow to neglect employee
labor protection laws.
b) Plaintiff history
The plaintiff was "Mini Hatted Personnel Control Officer" and "Mini
Hatted Director of Personnel".
In the last half of 1990, the plaintiff participated every thursday in
meetings of the "Basic Crew", an inner management circle. The employees
were called for 11pm, but the meetings often started only at midnight
and seldom ended before 2am in the morning. He also had to participate
in planned activities, like distributing advertising material on
saturday. He once had to send videos and materials to german
politicians, which lasted until 4am.
Besides this, he assembled industry scales at home.
On 17.7.1991 he told scientology that he had the possibility of a free
Italy vacation, and he wanted to take it, to recover and to get his life
in order. He left on the same day without "leave of absent" and
"security check". For that, he got a severe "ethic order". He did still
work for them until 28.9.1991.
In 1990, he got DM 4,030.- and in 1991 DM 5,326.50 plus weekly DM 23.62
/ DM 23.90 for medical insurance. He paid DM 33.32 taxes in 1991. He had
pre-paid DM 17,449 for "counseling" before, and got DM 6,483.- back at
the end of 1992.
He claims that he should get DM 3500 monthly, and calculated that he
should get back 71,947.58 DM for 1990 and 52,832.83 DM for 1991.
Scientology claims that the plaintiff did religious work, and that he
did all his activities (including the meetings) voluntarily, and that
the security check is part of counseling preventing that longtime
members leave scientology.
c) Why scientology Hamburg is not a religion
The court used scientology's own literature to decide that they are not
a religion, and only use this as a cover to sell courses. About half of
the court opinion is scientology text.
Scientologists submitted so-called expertises, but the court didn't
consider them, because "they only considered scientology's self-image".
They also did not consider a paper that was submitted to the UN human
rights commission by "special reporter Abdelfattah Amor", because "that
report didn't consider the matters that are part of the litigation" and
"it is only his personal opinion".
The court did also take into account that scientology registered
everything as trademarks, which shows that they run a business.
Supporting this is also that "neglecting the scientology trademarks" is
considered as a crime in the scientology "ethics". The federal patent
court had already decided that scientology is similar to any other
company selling courses.
Considering that the plaintiff paid DM 17,000 prior to his job, and got
paid about DM 10,000, later got back about DM 7,000, the court concluded
that the plaintiff had not been paid at all.
The court named similar cases of people paying high amounts, even having
to take loans. One ex-scientologist got a freeloader bill, sued three
years later, scientology lost, because it is against the constitution to
prevent people to leave a religion or a community.
The court named a lot of examples from scientology papers showing the
commercialization of the services. The ads "we use only 10% of our
brain" do not show that it is about a religion. The use of FSMs who get
a 10% commission is also not religion-like. This is against the
constitution and the constitutional court already had decided 1960 that
someone who tries to take people away from their religion by using
deceptive methods is not protected by religious freedom. In that case,
it was a single member of a religious community. The court:
"unlike that case, deceptive recruiting methods have been
raised to a principle in scientology".
In support of this, the court cited:
- HCOPL 9.5.1965 (VM Handbook, "Being a FSM" - "Field Auditors
become staff", p. 534):
"I was hammered at by many to process them and became quite
overworked. I was only saved by church formation to which I could
turn over my traffic"
- HCOPL 9.3.1972 (Rev 4.8.1983) "MAKE MONEY MAKE MORE MONEY"
- FLAG directive 13.3.1991 "Department of Routing and Personnel":
"There was an Org, which had a large staff, but was always
fighting below the point. The Org didn't hire the people from
the correct source. As a result of that, the Org was manned
with adolescents playing hookey from school, customers from the
nearest soup kitchen, vagrants and other disagreeble fellows"
The court:
"Never before has the court seen an official statement with such
low opinion about socially weak people who, additionally, are
members of its church. It means that the plaintiff is in severe
contradiction with his own creed".
The court:
"Evidence of contempt for human beings is also that and how the
defendant tries to drive its members to peak performance, as
stated in HCOPL 8.2.1972, revised 21.10.1980:"
"Any quota can be targeted for increase daily or weekly.
For instance the Director of Training can establish a
quota of 5 extra letters per day over that of the day
before. This would mean he would write 45 letters one
day, 50 letters the next day, 55 letters the day after
that, and so on"
"To improve performance, a new target can be stated
daily or weekly. The director of training may set a
target of 5 letters more than the day before. This
would mean, that who writes 45 letters daily, will
have to write 50 the next day, 55 the day after,
and so on."
The court:
"Who participates in such a 'snowball system' may risk a severe
health damage."
The court also shows totalitarian tendencies, that are shown in
important papers of scientology, in the list of "crimes" and "high
crimes". It mentions the security check as obvious method to prevent
member loss with contemptuous methods. That members agree to it is
irrelevant.
d) The plaintiff was an employee.
The court explains what a employer-employee relationship is and states
that it does not matter how this relationship is named. It explained the
difference between a sentence about nurses working for the red cross,
where the court had stated that they are not employees, although they
are paid regularly. But Red cross may vote in their organization, while
scientology staffers may not. The staffers are "special members" who may
not vote, only "full members" may vote. There was no way that the
plaintiff could ever be an "full member". While german law for
non-profit organizations allows different memberships, it means also
different duties, which was not the case here. The court even doubts
that he was a "member" as stated by the law at all.
27. What was decided in Bavaria?
http://www.innenministerium.bayern.de/presse/daten/scientology/wm.htm
a) That in certain cases public contractors have to sign a declaration
whether they use methods of L. Ron Hubbard.
http://www.innenministerium.bayern.de/presse/daten/scientology/stmf.htm
b) That applicants for public jobs have to fill out a form (here a
translation / summary):
1. Do you have a relation with organisations that use
the technology of LRH?
2. Are you under the command of an organisation that
uses the technology of LRH?
3. Did you, in the last 12 months, or do you take courses
by organisations using the technology of LRH?
4. Do you support these organisations financially or
ideologically?
5. Do you work according to the technology of LRH
or were you instructed in the technology of LRH?
The suitability for work in the public sector would be doubtful for
officials and employees with connections to Scientology in the light of
the organization's claims to abolutism and the total orientation towards
its goals, which could give rise to a conflict of interests with the
duties of public service. In such a case, applicants will be given the
opportunity to clear any doubts about their suitability, in a
conversation where they will be confronted with goals of the cult.
Applicants who fail to distance themselves from these goals in
satisfactory or credible manner, cannot be hired. In the case of
employees of the State of Bavaria who have connections to the
organization, the government will have to check whether service duties
have been violated. If necessary, disciplinary action will have to be
taken, which could lead to discharge from service in severe cases.
See also:
http://www.innenministerium.bayern.de/scientology/
Note that on 28.11.1997, scientology dismissed a lawsuit against the
state in this matter.
http://www.innenministerium.bayern.de/presse/daten/scientology/69397.htm
28. What does the german population think about scientology?
Here a poll from May 1995, from "Die Woche".
Did you ever hear about scientology?
Yes: 63%
No: 37%
What do you connect with scientology?
Positive things: 9%
Nevative things: 90%
Don't know: 1%
Should scientology be forbidden ? (*)
Yes: 69%
No: 18%
Don't know: 13%
(*) Based on all people who have heard / read about scientology
Here a poll from November 1996, from "Die Woche".
1. What is scientology?
"A secret society" 45%
"A company" 33%
"A church" 2%
2. Is scientology dangerous?
Yes 79%
No 9%
3. For whom is scientology dangerous?
(to people who answered (2) with yes)
gullible people 81%
lonely people 78%
people seeking life content 76%
the state 44%
managers 35%
rich people 34%
people with religious beliefs 19%
4. The state should ...
... inform the population 75%
... observe scientology 64%
... forbid scientology 43%
... leave scientology alone 7%
29. Why are some people against the secret service snooping on
scientology?
Many people, especially from the "green" political area, hate the
"Verfassungsschutz", because of civil liberty reasons. The
"Verfassungsschutz" has a long record of dubious activties, similar to
the FBI under Hoover.
So their opinion does not mean that they are "pro-scientology".
30. What is Kurt Weiland's early record in Germany?
Kurt Weiland is the manager of OSA, i.e. the PR & dirty tricks dept.
Germans would call him "Der Mann für's Grobe". Therefore it is
interesting to have a look into his legal record.
In 1975 Kurt Weiland wrote in a flyer that cult critic and protestant
reverend FW Haack had "admitted to have printed the confession of a
woman in a sex magazine" and that he had "broken the 8th commandment".
FW Haack then got a temporary restraining order, and later a permanent
restraining order prohibiting Weiland to repeat this allegation. Weiland
was also indicted and sentenced to as fine of DM 100.-. In court, he
excused himself by saying that he was "unexperienced" because he had
been the PR guy for only 14 days at that time.
In 1976 Weiland claimed orally that "FW Haack has no credibility because
he had broken his silence on a confession". For this, Weiland was
sentenced to a fine of "30 days income" (DM 750.-). He appealed; his
appeal was unsuccessful.
(Luckily for Weiland, fines seemed to be rather low !!)
In 1985 Weiland claimed that "FW Haack had been seen with a young girl
visiting a porn movie". FW Haack got a restraining order. More details
unknown.
Sources: LG München, Az: 9 O 20370/75 (3558)
9 O 20 089/75
25 NSs 265 JS 30519/77
AG München, Az: (unreadable)
Bayr. Gemeindeblatt 12.12.1976
epd 10.10.1985
31. Have any german scientology officials been indicted?
Yes, if you have read the section about Kurt Weiland. Also, Gisela
Hackenjos was indicted for 1.libel and 2.threatening (she was found "not
guilty", because (1) was made "in the heat of a discussion", (2) was not
found to be threatening by the recipient). Franz *** was convicted for
libel.
32. Why does scientology make such off-base accusations against Germany?
The beginning of this was in "Operation Snow White", which was an
operation to clean up government files from critical information on
scientology. "Snow White" included legal and illegal operations; eleven
scientologists, including L. Ron Hubbard's wife, were later convicted
for stealing government files. A document of 20.4.1973, called
"Project COAL", said (caps in the original document):
http://www.entheta.net/entheta/go/ops/go732/go732w.htm
http://wpxx02.toxi.uni-wuerzburg.de/~krasel/CoS/germany/snowwhite27.html
The Federal Republic of Germany is peculiarly sensitive to a
charge of GENOCIDE as the Nazi behavior against Jews provided
the impetus for the Convention. The country bends over
backwards to mend its reputation as criminals. It is a
signatory.
(a) Coordinate with all GO actions and only operate through
the GO. A suit is already in progress.
(b) Using existing attorneys, obtain what legislation Germany
passed to enforce the GENOCIDE Convention which it signed and
ratified.
(c) Seek to obtain, by subpoena in any existing suit and
other legal means, any files or dossiers on Scn or its
principals.
(d) Compile a list of names of those who have been violating
the Convention articles or its principles.
(e) Do a rough draft of a petition to whatever authority
in Germany was specified in the legislation in (b) above.
Include all references and documents as well as the bona-fides
of Scn. Cite those guilty of violations of the convention,
document exactly how and the clause violated.
(f) Have the attorney do the final draft.
(g) Submit the petition.
(h) Exploit any advantages gained.
(i) In case of no real success, be sure that all recourse
has been exhausted as this goes before the UN and the Eu
Commission.
(j) See that this concludes as a deterrant to further attacks.
Another document of the same date, "Project BUCKET", repeats this:
http://www.entheta.net/entheta/go/ops/go732/go732x.htm
If, as in any case where local remedies are exhausted
without success, Germany does not give satisfaction,
the GENOCIDE violations are to be taken to the
Sub-Commission on Human Rights.
And if legal methods do not lead to success, "Project GRUMPY" can help:
http://www.entheta.net/entheta/go/ops/go732/go732h.htm
Obtain through any existing suit or by any other means any files
in the hands of police, local Interpol and immigration on the
above three points.
Carry out any needful action to clear and correct said files if
such exist.
Exhaust all recourse as to Germany.
33. Overview of recent legal trouble by scientology / scientologists
Note that scientology has also won court cases. I have a few. I could
include them when scientology includes their "losses" and removes their
bogus wins. Believe me: scientology won less.
11.9.1992: Scientology loses the court case against Hamburg MP Antje
Blumenthal, failing to prevent her from claiming that "Real estate deals
are the main source of income for scientology". The court said that the
allegation was a mix of factual allegations and opinion, and was
therefore protected free speech.
(LG Hamburg, Az: ???)
2.10.1992: Scientologist Peter-Uwe Krumholz fails an attempt to stop the
"Rowohlt Verlag" selling a book portraying his role in the Narconon
scandal in Berlin.
(LG Hamburg, Az: ???)
8.4.1992: The company "Cosmos Computer" of scientologist Stephan Koenig
is sentenced to pay DM 2327 to law student Jan Schreiber, who had worked
there for six weeks. Koenig had paid only DM 500, and then claimed that
Schreiber "didn't have a contract". Schreiber filed the lawsuit without
lawyer; Koenig did not appear in court, and Schreiber got a default
judgement.
(ArbG Hamburg, Az: ???)
22.12.1992: Scientology loses its appeal against Hamburg MP Antje
Blumenthal, in trying to prevent her from claiming that "Real estate
deals are the main source of income for scientology". The court said
that scientology has to accept that people attribute the activities of
high-ranking scientologists to the organisation.
(OLG Hamburg, Az: 14 U 200/92, NJW-RR 1993, s. 1056)
February 1993: Rostock prosecution raids the office of scientologist
Detlef Foullois (OT8), who is arrested.
7.1.1993, 2.2.1993: Scientologist Peter-Uwe Krumholz loses his court
case against the "Berliner Zeitung", in which he tried to force the
newspaper to print his rebuttal, in which he disputes the allegation
that he is a scientologist. (Which is foolish - he was the driving force
in the Berlin Narconon scam in the 70ies, which resulted in the end of
the state funding of Narconon)
5.2.1993: The value of the e-meter is set to be between DM 300 and 500,
and not DM 10,000. In that case a scientologist had sold two e-meters to
two children.
(LG Ulm, Az: 4 0 313/92 - end of the case unknown)
10.5.1993: Scientology fails to get a TRO to prohibit the allegation
about NARCONON that "not a single successful drug rehabilitation has
been proven". The court declined to set a TRO, as the quote was
accurate, because there is indeed no evidence, neither from an expert
opinion nor from a court decision.
(VGH Stuttgart, Az: 1 S 3021/92)
http://wpxx02.toxi.uni-wuerzburg.de/~krasel/CoS/germany/vgh2192.html
2.6.1993, 13.8.1993: Scientologist Johanna Erdtmann ("SN Colours") loses
her court case in which she tried to prohibit Forbes magazine to call
her a scientologist. (LG München 5 O 7214/92, OLG München 21 U 1717/93,
NVwZ 1994, s.203)
[She got a website in 1998:
http://www.oursites.org/johannaerdtmann/myself.htm]
8.7.1993: Detlef Foullois (OT8) and Karl-Eric Heilig (clear), both
"Patron Gold Meritorious" and donors of a $ 1,000,000 each, are
sentenced to 26 months in jail for continuous tax evasion. They only
escape a higher sentence because the Hamburg org paid back the money.
(LG Rostock, Az: III Kls 3/93 see also 29.8.1994 with lower sentence)
* 14.8.1993: The Nymphenburg (near Munich) franchise loses a court case
against a retired engineer to whom they had promised "you'll get clear
with less that DM 100,000". He sued for the difference (DM 28,934.28),
and won. The court stated that the contract was "automatically
indecent". According to a SPIEGEL article (37/96), Scientology appealed
but then settled with the plaintiff to prevent the decision getting
public.
(LG München 1, Az: 28 O 23490/92).
http://www.religio.de/refund.html
http://wpxx02.toxi.uni-wuerzburg.de/~krasel/CoS/germany/lgm091193.html
15.10.1993: Scientologist Hermann K., founder of a school for "holistic"
healing, may be called a scientologist. The scientologist mentioned that
many students canceller their contracts to be evidence that the public
is indeed concerned. It does not matter whether K. did recruit for
scientology or not.
(LG Baden-Baden, Az: 1 O 296/93)
http://members.xoom.com/lars_baehren/german/courts/19931015.html
9.11.93: The Nymphenburg franchise is sentenced to pay back DM 28,934.-
to a customer. (LG München I 28 O 23490/92)
14.1.1994: Three scientologists are found guilty for distributing hate
literature (e.g. the "Hate and Propaganda" booklet) and fined DM 5,400.
The judge called the comparisons with the 3rd Reich "the height of
hypocrisy". Source: AFF's cult observer 4/94
[Another source mentions this:
Landgericht Hamburg, Urteil vom 20.3.1995, 709 Ns 67/94 -
might be a failed appeal]
25.4.1995: The Münster tax court decides that scientology is not a
charitable institution ("Gemeinnütziger Verein") and not a religion and
is forced to pay sales tax.
(FG Münster, Az: 15 K 5247/87 U)
http://www.ingo-heinemann.de/steuer2.htm
8.8.1994: The Freiburg org is prohibited to recruit people on the
streets.
http://wpxx02.toxi.uni-wuerzburg.de/~krasel/CoS/germany/vg0694.html
http://members.xoom.com/lars_baehren/german/courts/19940606.html
(VG Freiburg. Az: 4 K 758/93 - scientology has appealed, but the appeals
court has declared the case to be "resting", whatever that means
VGH Baden-Württemberg of 10.1.1995, Az: 5 S 2466/94)
29.8.1994: Detlef Foullois (OT8) and Karl-Eric Heilig (clear), both
"Patron Gold Meritorious" and donors of a $ 1,000,000 each, get
sentenced to 22 months in jail (suspended) for tax evasion in a new
trial. (See earlier trial on 8.7.1993)
LG Rostock, Az: II Kls 13/94 (Hi.)
On 9.10.1994, scientology vice-president Franz *** claims to be
penniless, but nevertheless gets sentenced to a fine of DM 18,000 for
libelling Pastor Gerd Glaser. The court is unimpressed by R.'s "past
lives" excuses. (AG Hamburg 141 Js 769/93)
On 11.10.1994, the city of Bremen revokes the status of scientology
Bremen ("deregistration"). [any court case ???]
On 3.11.1994, a scientologist gets arrested after kidnapping his son and
a wild car chase, and after trying to strangle his son (police had to
break the window of the car to prevent this from succeeding).
On 13.12.1994, two scientologist real estate companies ("Breitling &
Partner" and "HG Grundstücksgesellschaft") lose their court case against
a newspaper (taz) who had named them in an article critical of
scientology. (LG Berlin, Gesch?ftsnummer 27.0.612/94)
On 12.1.1995, a former president of NARCONON e.V. gets convicted for
practicing medicine without a license to a (suspended) fine of three
months income.
(AG Miesbach, Az: Cs 65 Js 21802/90)
http://wpxx02.toxi.uni-wuerzburg.de/~krasel/CoS/germany/cs65jz.html
* On 16.2.1995, the federal administrative court rules that scientology
Hamburg has to register a commercial business for its sales of books and
courses, ending an 11 year long litigation. The court left it open
whether scientology is a religion or not.
(Az: BVerwG 1 B 205 und 206.93)
(link to
http://wpxx02.toxi.uni-wuerzburg.de/~krasel/CoS/germany/ovg1291.html
and
http://wpxx02.toxi.uni-wuerzburg.de/~krasel/CoS/germany/bverwg1b.html)
* On 22.3.1995, scientology Hamburg loses a motion before the federal
labor court, which decides that scientology is not a religion.
(Az.: 5 AZB 21/94)
(link to http://home.t-online.de/home/Ingo.Heinemann/azb21-94.htm
or http://www.religio.de/5azb2194.html)
* On 29.3.1995, the administrative court in Cologne declines to set a
TRO against federal labor minister Norbert Blüm, who had called
scientology a "criminal money laundering organization" and a
"contemptible cartel of oppression" in a newspaper interview, and also
said that "their ringleaders are criminals" and their members are be
submitted to "brainwashing" (VG K?ln, Az: 10 L 1942/94 )
On 10.4.1995, the head of scientology Hamburg, Wiebke Hansen, is removed
by Kurt Weiland and Mark Lizer. She has not been seen since then.
On 10.5.1995, Organisations of tenants, real estate owners and real
estate brokers unite in a "konzertierte aktion" against scientologists
real estate businesses
On 10.5.1995, a scientologist "management front" loses a case against
the press. The company had sued after a negative report.
(OLG München, Az: 21 U 3622/93)
http://members.xoom.com/lars_baehren/german/courts/19950510.html
On 9.6.1995, a scientologist "seminar" company (Top Training GmbH) loses
a case against a person who had attented a seminar, and had been lied to
by a staff member he had asked whether the seminar was based on
scientology. The court declared this to be "aggravated fraud" and
granted a full refund.
AG Schwetzingen, Az: 4 C 359/94 and NJW-RR 1996, 558 (ST)
http://members.xoom.com/lars_baehren/german/courts/19950609.html
On 14.6.1995, Scientology Bremen forced to register as a business,
because court sees behaviour as commercial. (VG Bremen, 5 A 16/94)
http://www.ingo-heinemann.de/provis1.htm
On 24.6.1995, Berlin demo. See at http://www.snafu.de/~tilman/demo/
On 5.7.1995, a scientologist real estate company loses its court case in
Berlin against tenants who had put up banners negative to scientology
On 12.7.1995, the state labour court decides that someone who recruits
for scientology at the office can be dismissed after one warning.
(LAG Rheinland-Pfalz, Az: 9 Sa 890/93, mentioned in SZ 14.02.1998)
August 1995: MP Renate Rennebach investigates scientology's allegation
that two children were expelled out of a Kindergarten. She finds out
that of the two children, one *is* attending classes there, and the
other was never *expelled*: instead, the protestant church community who
runs the private Kindergarten refused the application because of fear of
the parents scientology proselytizing. The child is attending classes in
a public Kindergarten.
On 4.9.1995, parents boycott a school class because a teacher had
proselytized scientology in school. The parents even take the education
of their children in their own hands, teaching their children
themselves. The teacher, who previously already had been reassigned five
times after parent protests because of her scientoloy proselytising, is
later removed from the school and assigned a "desk job".
On 4.10.1995, a scientologist loses his court case against the tax
office, he had tried to deduce a "personal efficiency training" and a
"traning to improve organisation" from his income as "further
education". The court disagreed, as it couldn't be ruled out that these
courses would contain material of the "church of scientology", even if
courts had stated that scientology is not a "church".
(FG Hamburg, Az: V 186/93)
http://members.xoom.com/lars_baehren/german/courts/19951004.html
On 10.10.1995, a scientologist real estate business in Hamburg loses a
court case against the Berlin tenants organization, who had listed him
as a scientologist.
On 15.10.1995, news come out that the german flavor of CCHR had contacts
with serial killer Thomas Holst at the time he was in psychiatry.
On 13.11.1995, scientology Hannover loses two court cases, so that they
cannot sell books in the public, nor approach passers-by in public
(OVG Lüneburg, Az: 12 L 1856/93 und 12 L 2141/93)
http://members.xoom.com/lars_baehren/german/courts/19951113.html
On 22.12.1995, Chick Corea loses his court case against the state of
Baden-Württemberg in connection with his non-participation at the
state-sponsored concert at the world athletics championship. The
audience has a good laugh in court when the judge asks if a "world
famous pianist like him" needs state-paid concerts to survive
financially.
(VG Stuttgart, Az: 4 K 4019/93)
* On 23.1.1996, Klaus Kempe's real estate company in Düsseldorf loses
the right to teach students (as part of the german dual education system
with practical education at work and a theoretical education in school)
the business because of the use of the scientology personality test.
(VG Düsseldorf, Az: 3L 4227/93 and/or (?) 3 K 12881/94 )
(not final - a magazine claims he won in appeal ??????????????)
On 23.1.1996, scientology agrees to register as a commercial business in
Karlsruhe.
On / Around 24.1.1996, scientology agrees to register as a commercial
business in Frankfurt.
On 29.1.1996, the scientology franchise in Mannheim loses a court case
before the administrative court in Karlsruhe, thus is forced to register
as a business (Az: 6 K 2681/95). The court says that it does not matter
whether they actually earn money or not, since this is the purpose of
scientology in any case.
On 7.3.1996, the Hamburg administrative court declines to set an
emergency TRO to prevent the city from repeating the allegation that
crimes against scientology critics are allowed and "ethical" according
to the "fair game" law. The court did also not mind the allegation that
if the scientology strategy gets through, freedom of meeting, speech and
self-determination will not be granted. The court also said that the
scientologists are consciously or unconsciously working to get rid of
the elements of a democratic state.
(VG Hamburg, Az: 11 VG 4855/95)
On 19.3.1996, an appeals court in Heidelberg confirms the conviction of
scientologist Sascha Hermann to pay a fine for threatening to murder a
17 year old, who was critical of scientology and member of the students
organization of the CDU party. He had said: "This is a real death threat
from a real scientologist".
(1st court AG Heidelberg v 28.11.1995, Az: 7 Cs 15 Js 4193/95)
Around March 1996: Franz Riedl, spokesman of scientology Germany, who
appeared in the last two editions of "Freiheit" with an editorial, is no
longer there. (he resurfaced in august, then disappeared again)
On 15.4.1996, a member of the consumer organization ABI (Mr. Kleinman)
wins his (criminal) trial for libeling a scientologist. He had called
the scientologist a member of a "white collar criminal cult". The
prosecution drops the case after hearing that the scientologist had
previously called him a "nazi criminal who was born 60 years too late".
* On 5.6.1996, Labor minister Norbert Blüm wins again, this time before
the superior administrative court in Münster, which allows him to
continue to call scientology a "contemptuous cartel of oppression" and a
"giant octopus". The court also didn't mind him saying that "its leaders
are criminals" and that "the members are brainwashed", and that
scientology is promoting a "deluded ideology". He can also name them as
"criminal money-laundering organization", because the minister did not
mean the crime of money-laundering as defined in the law, instead he
stated in simple language that scientology gets huge amounts of money
through reprehensible methods, this money partly coming from
criminality, and then invests this money in corporations to hide all
these circumstances. The court agreed with scientology being called a
"giant octopus" because scientology's own doctrine of expansion and
penetration qualifies for such an attack. (OVG Münster, Az: 5 B 993/95)
http://www.religio.de/bluem.html
http://wpxx02.toxi.uni-wuerzburg.de/~krasel/CoS/germany/ovg0696.html
On 21.6.1996, Painter Gottfried Helnwein loses his court case against
scientology critics Jeanette Schweitzer and Christa Jenal. The court
allowed them to call Helnwein a "class 4 auditor", "minister" and
"member of scientology", and also "member of an organisation of total
lay people who use a coercive hypnotic method to destroy people's souls
and get them under mind control with the help of a lie-detector". The
two critics were only forbidden to claim that a painting had been sold
"demonstratively" for the benefit of OSA, because Helnwein's attorney
successfully argued that it had been sold to the benefit for NARCONON
only. (OLG Frankfurt, Az: 16U 163/95)
http://wpxx02.toxi.uni-wuerzburg.de/~krasel/CoS/germany/olg0696.html
***** Revoked by Supreme court; however, Helnwein dismissed the lawsuit
himself and must pay all costs *****
http://www.jura.uni-sb.de/Entscheidungen/Bundesgerichte/BVerfG/rufschad.html
On 4.7.1996 scientology Hannover loses its appeal in federal court
against the decision denying it to recruit on the streets.
(BVerwG, Az: 11 B 23/96, also in NZV 1996, 468-469 (LT); NJW 1997,
406-408 (LT))
http://members.xoom.com/lars_baehren/german/courts/19960704.html
On 12.7.1996, scientology loses a court case in Stuttgart, prohibiting
them to sell on the streets.
(VGH Baden-Württenberg, Az: 5 S 472/96)
http://wpxx02.toxi.uni-wuerzburg.de/~krasel/CoS/germany/vgh0796.html
http://members.xoom.com/lars_baehren/german/courts/19960712.html
On 8.8.1996, the Bavarian culture ministry wins against four
scientologists who had tried to prohibit them to distribute material
critical to scientology in a magazine for schools.
(Az: M 3 E 96.2692)
On 13.8.1996, scientology withdraws a lawsuit against the state of
Hessen. The state president had said that he anxiously watches the cult
activties, and that it should be fought on a federal level. Scientology
sued, and later withdrew the lawsuit, and has to pay the costs.
(VG Wiesbaden, Az: 4/3 E 1000/92)
On 6.9.1996, the Stuttgart state court lifts a TRO that scientology had
asked to prevent the postbank from closing scientology's bank accounts
near Ulm. Scientology had unsuccessfully argued that 17 banks had
refused to open an account for them; the postbank had successfully
argued that 400 banks exist in the area. (In Germany, money is usually
transferred between accounts directly instead of sending checks as in
France or the US, therefore the bank account is written on every
business stationery). The court also suggested that scientology could
open an acount from a US bank doing business in Germany, as it would be
unlikely that these banks would participate in an anti-scientology
"conspiracy".
(LG Stuttgart, Az: 27 O 343/96, see also NJW 1996, p. 3347)
http://members.xoom.com/lars_baehren/german/courts/19960906.html
On 14.10.1996, the administrative state court of Baden-Württemberg in
Mannheim denied a motion (pending the main trial) to allow scientology
to distribute pamphlets or to talk to passers-by. Reason: commercial
activity. The court expresses strong doubts whether scientology is a
religion. The ruling cannot be appealed.
(VGH Mannheim, Az: 5 S 472/96)
On 21.10.1996, four Bavarian scientologists lose their appeal against
the bavarian culture ministry in trying to prevent them to distribute
material critical to scientology in a magazine for schools.
(VGH München, Az: 7 CE 96.2861)
16.9.1996 the Hamburg state court confirms the sentence against Franz
***, but reduced the fine to DM 5,400. R. had appealed several times,
the last decision was only about the amount (R. claims to earn only DM
1,000 a month)
(LG Hamburg, Az: 702 Ns 71/95)
On 15.10.1996, Chick Corea loses his appeal in court case against the
state of Baden-Württemberg in connection with his non-participation at
the state-sponsored concert at the world athletics championship.
The court:
"The defendant [state] has shown evidence that has been
undisputed by the plaintiff [Chick Corea], showing that
some methods used by scientology are dangerous for human
dignity and individual freedom of the recruited members,
and that because of their partly contemptuous and totalitarian
tendencies, the views [of scientology] are in contradition
with liberal and democratic values of western democracies."
(VGH Mannheim, Az: 10 S 176/96)
http://members.xoom.com/lars_baehren/german/courts/19961015.html
http://wpxx02.toxi.uni-wuerzburg.de/~krasel/CoS/germany/vgh1096.html
On 26.11.1996, the administrative court of Augsburg prohibits
scientology to recruit on the streets or to distribute propaganda.
Scientology had appealed an order of the city of Kempten. Reason:
commercial activity. The court leaves it open whether scientology is a
religion.
(VG Augsburg, Az: Au 3 K 94.671)
On 19.2.1997, the scientologist business "Beauty-Colours-System" drops
an appeal against a lost lawsuit in Munich. In that case, a
scientologist company had licensed the "beauty colors system for color,
type and image advice" to a woman without telling that at the
beginning of the education there would be a "communication course" of
L. Ron Hubbard. When learning this, the woman terminated the contract
immediately and requested a refund, and sued. The Munich state court
brought a judgement fully in her favour; with the retraction of the
appeal, the judgement is now final.
http://www.innenministerium.bayern.de/presse/daten/scientology/8597.htm
(LG München I, Az: ???)
On 25.2.1997, the Bremen superior administrative court forbids
scientology to advertise on the streets without a permit, because it is
a business, for which a permit is needed.
(OVG Bremen, 1 BA 46/95 and 1 BA 30/96)
On 20.3.1997, a real-estate scientologist loses an attempt to deduce the
"Executive Training and Councelling Program, the L's" as a business
expense. Reason: the scientologist was unable to show that this course
is connected to his real estate business in any way; he also refused to
show the course materials to the tax office - he only provided a copy of
the book cover! He was also unable to provide the names, addresses and
professions of the other participants of the course, or the course
teachers. He also claimed that there were no records about who attended
the course. Because of all these flaws, it did not matter whether the
course fees were donations to scientology.
(FG Baden-Württemberg, Az: 6K 185/96, final)
On 10.4.1997, scientology's complaint at the European Commission of
Human Rights is dismissed unanimously by all 31 members on grounds the
cult had not exhausted domestic legal channels, as scientology hadn't
attempted to get a judgement by the german Federal Constitutional Court.
The argument that a constitutional complaint in Germany would be
hopeless from the beginning was also disputed by the commission. The
Commission decided not to pass on the case to the European Court of
Human Rights, which may rule only after legal means within the country
concerned have been thoroughly explored. The commission specifically
mentioned the failure to appeal the labor court decision to the supreme
court.
(NJW 1997, H. 19, S. XXXIX)
http://www.dhcour.coe.fr/Hudoc2doc/hedec/sift/3490.txt
On 15.4.1997, scientology agrees to a settlement with Jürgen Behrndt:
they pay back the half of DM 90000 in the Hamburg state court. Two of
the three judges had already hinted that the whole contract might be
"indecent".
On 13.5.1997, an "individual scientologist" fails to prevent the city of
Hamburg from recommending businesses to ask their business partners to
sign a statement that they do not use the technology of L. Ron Hubbard.
(VG Hamburg, 16 VG 1778/97)
On 15.5.1997, Chick Corea loses for the third time: the federal
administrative court dismisses a complaint against the previous court
decision.
(BVerwG, Az: B 19/97)
http://members.xoom.com/lars_baehren/german/courts/19970515.html
On 25.6.1997 the administrative court of Cologne rules that scientology
may not review the folders of the parliament investigation committee on
"so-called cults and psycho-groups". Reason: the papers are not public.
(VG K?ln, Az: 23 L 180/97)
* On 9.7.1997, the Bonn state court decides that parties have the right
to exclude scientologists, and dismisses a lawsuit by three ex-CDU
members. As reasons it named the requirement of obedience, the control
of the individual by other members, and the placement of the socially
weak to the border of society because of their uselessness.
(LG Bonn, Az: 7 O 55/97)
http://members.xoom.com/lars_baehren/german/courts/19970709.html
In July 1997, Painter and celebrity scientologist Gottfried Helnwein
fails to get an ex-parte TRO against book author Peter Reichelt. The
courts set a hearing date for August 21th; Helnwein dismisses his suit a
few days before the hearing and has to pay the costs.
(LG Berlin, Az: 16 O 407/97)
On 12.09.1997 the Berlin state labor court publishes a decision
upholding the dismissal of a scientologist from her job at an agency
that did counseling for foreigners. The scientologist, a trained
psychologist (!), had not only distributed invitations to scientology
events in the workplace, but also defended the scientologists towards
young people as "harmless". The court said that this allows an
"exeptional" (i.e not regular) dismissal, because of the danger of a
one-sided influence, because an employer expects its employees to be
neutral - which her employer can no longer trust her. The court added
that the targets and the methods of the scientologists are seen by the
public as contemptuous for humankind and criminal.
(LAG Berlin, Az: 13 Sa 19/97)
http://wpxx02.toxi.uni-wuerzburg.de/~krasel/CoS/germany/lag1997.html
On 7.11.1997, an "individual scientologist" fails again to prevent the
city of Hamburg from recommending businesses to ask their business
partners to sign a statement that they do not use the technology of L.
Ron Hubbard.
(OVG Hamburg, OVG Bs III 53/97)
On 15.12.1997, the president of the Hamburg org, Mark Chapman Lizer,
gets convicted a $1000 fine for violation of the state press law.
That law requires that publications name an inland resident to accept
legal service. Members of Scientology Hamburg distributed "Freiheit", a
german flavour of "Freedom", and the magazine did not fulfill the
requirement. A state official had already told scientology about that
problem before, through an OSA person. Lizer told that he wasn't
informed about the distribution of the magazine, including a press
release about it, nor about the requirement to have an inland resident
to accept legal service.
[AG Hamburg, Az: 142b - 367/96
http://home.t-online.de/home/Ingo.Heinemann/impres1.htm ]
On 28.11.1997, Bavaria announces that scientology has withdrawn a
lawsuit against the state. The lawsuit had tried to prohibit Bavaria
from asking job applicants about their scientology affiliation, and from
asking businesses to sign the declaration that a business does not use
the technology of L. Ron Hubbard. For Bavaria, the withdrawal of the
lawsuit shows that scientology is unwilling to submit itself to a court
scrutiny.
http://www.innenministerium.bayern.de/presse/daten/scientology/69397.htm
9.1.1998: The Berlin tenants association can continue to distribute a
list of "scientology-linked companies and their helpers".
(KG Berlin 9 U 6416/96)
29.1.1998: The supreme court declines to accept a case of an "individual
scientologist" who asked the city of Hamburg to stop recommending
businesses to ask their business partners to sign a statement that they
do not use the technology of L. Ron Hubbard.
(BVerfG, Az: 1 BvR 2422/9)
http://www.bundesverfassungsgericht.de/entscheidungen/frames/rk19980129_1bvr242297
27.2.1998: Four scientologists (Mark Lizer, Franz Riedl, Jürgen Brock as
members of the board plus Sabine Weber, spokesperson) must pay fines of
DM 2000.- each (about $1200) for libel (claiming that Prof. Hermann
Arnold (85) is a student of Mengele and supports the forced
sterilization of Sinti and Roma) and violation of press law
(distributing the propaganda "Freiheit" with a bogus masthead). In
exchange, the state attorney will drop the case. All four scientologists
claimed to earn only DM 1500.- per month.
4.3.1998: Four scientologists fail to have a complaint against Bavaria
accepted at the european commission for human rights, because of an
article in a publication of the minister of education. The commission
refused the complaint because the four had not proven that they had been
targeted specifically.
(Complaint Nr. 36283/97, EuGRZ 1998, 321)
http://www.dhcour.coe.fr/Hudoc2doc/hedec/sift/4004.txt
22.4.1998: The K?ln superior court confirms that the CDU has the right
to exclude three scientologists. (See above)
The court mentions that Hubbard's aggressive language is not the one
that is normally used in a democratic society, and may not be compared
to language used in a different historic period and society.
(OLG K?ln, Az: 22 U 190/97)
15.6.1998: Scientology loses its appeal against the refusal of a lower
court to set a TRO against the city of Hamburg, to prevent them from
quoting scientology's "fair game". Scientology loses because it
has indeed a policy of "fair game", which is even confirmed by
scientology's own dictionary. Additionally, the court explains that
- Misleading understanding of "fair game" are the responsibility of
the author and not of the person quoting the author.
- "fair game" means "what may be lawfully hunted or shot"
- "suppressive acts" are defined by Hubbard as activities against
scientology, not activities against scientology critics; therefore,
even massive criminal acts are OK in the scientology ethics.
(OVG Hamburg, Az: Bs III 65/96)
http://wpxx02.toxi.uni-wuerzburg.de/~krasel/CoS/germany/ovg6596.html
10.11.1998: Scientology loses once again a lawsuit against the city of
Stuttgart. The court confirmed a decision prohibiting scientology from
recruiting on the streets, since this is a commercial activity that
needs a license.
17.11.1998: Scientology is prohibited from selling books on public
streets.
(VG Freiburg, Az: 4 K 2141/96)
http://home.t-online.de/home/Ingo.Heinemann/2141-96.htm
2.6.1999: The "Celebrity Center Munich" loses a lawsuit against the
city, which had pursued the deregistration of the center, alleging it
was a for-profit operation. Scientology had alleged that it is
independant from other scientology organisations; the court concluded
therefore that the CC *competes* with the other Munich scientology
franchise.
(VG München, Az: M 7 K 96.5439, not final)
http://home.t-online.de/home/Ingo.Heinemann/entzug3.htm
17.6.1999: "ARC Music" loses a lawsuit where it had attempted to
prohibit Reverend Joachim Keden from alleging a link to scientology,
claiming that this hurts their business. The court: "It is generally
known that Scientology does not restrict itself in spreading its
teachings; to support this it is also involved in general business life
and maintains to this end a worldwide network in order to maintain
influence on member or aligned companies to bring about social change to
their own manner of thinking."
(AG Düsseldorf, Az: 52 C 9864/98 - not final)
http://home.t-online.de/home/Ingo.Heinemann/arcmusi1.htm
in english: http://cisar.org/990817c.htm
22.6.1999: A scientologist job placement company loses a lawsuit against
a former client and is forced to pay a full refund. The court held that
job placement needs a high level of trust, and that the defendant was
required to disclose the scientology membership. The defendant paid
$40,000 to a "war chest" which is used for activities against critics of
scientology, and was also member of WISE, which aims to place
scientology into the business world, and to take over the economy. The
defendant has also known that the public is critical to its activities,
because the press reported on its activities several times already -
i.e. it can be assumed that the defendant would never have
agreed to a contract.
OLG Stuttgart, Az: 12 U 3/99 published in: NJW 99, 3640
http://home.t-online.de/home/Ingo.Heinemann/12u3-99.htm
http://cisar.org/990622a.htm
25.11.1999: Scientology Munich loses four consolidated lawsuits in which
it had attempted to get the permission to recruit on the streets.
VG München, Az: M 2 K 97.771
http://home.t-online.de/home/Ingo.Heinemann/97-771.htm
7.4.2000: Scientology and two "individual" scientologists lose a lawsuit
against the city Hamburg. They had tried to prohibit them from
distributing a "technology declaration" to businesses. (This declaration
states that a company / a person does not use the technology of L. Ron
Hubbard)
http://www.ingo-heinemann.de/2913-97.htm
6.6.2000: Scientology withdraws a lawsuit in tax court, where it had
previously been decided that scientology is not a religion but a for
profit enterprise, and therefore must pay VAT.
Finanzgerichts Münster, Az.: 15 K 5247/87 (25.5.1994)
27.3.2001: Scientology loses a lawsuit filed by Bob Minton because of
libellous allegations.
LG Berlin, 27.O.764/00
http://www.lisatrust.net/legal/Minton/COSGermany/4-01German.pdf
http://www.lisatrust.net/legal/Minton/COSGermany/4-01decision.html
29.3.2001: Scientology loses a lawsuit against the observation Office
for the Protection of the Constitution in the state of Saarland.
VG Saarland / Saarlouis
Az: 6 K 53/99
misc ----------------------------
Gabriele H. may be called a scientologist
LG München, 1995, Az: 9 0 22 182/95
and OLG 21 U 1981/96
(source: RH in 4th book)
AMK (a "management" front) has to pay back course fees
OLG Karlsruhe, 1996, Az: 10 U 25/94 and 1 U 233/95
Martin Kolb (AMK) may not claim that allegations from Hartwig's book are
"untrue or refuted by court decisions"
Amtsgericht Wiesloch, Az: 3 C 189/95
----------------------------
LG Heidelberg 27.1.1994 - 1 O 36/93
(refund of WISE-linked seminar costs)
--
Tilman Hausherr [KoX, SP5] http://www.snafu.de/~tilman/#cos
Tom Marcellus is a Holocaust denier (IHR-director for 14 years until 1995)
and is also a $40,000 "Patron of the IAS". Question: would Marcellus dare
to tell a scientologist who lost a family member in a gas chamber that it
didn't happen ?
