Scientology
Administrative Court dismisses charge -
Hamburg's active Scientology opponent, Ursula Caberta,
may continue to distribute the declaration.
In the early '90s, Caberta, the Director of the Work Group
on Scientology developed the document with her time in
the Interior Agency; since then the form has been used
thousands of times across Germany. Corporations and
private individuals are able to have business partners certify
that they do not operate according to the technology of L.
Ron Hubbard and that they also reject in in their
management. It is not possible for Scientologists to sign this
form.
The court's decision was anticipated with tension by the
organization: for instance, one of the German chiefs of the
Scientology organization, Helmut Bloebaum traveled with
his staff in order to be in the court hall. His legal
representative, Wilhelm Bluemel, had wanted Ursula
Caberta threatened with 2,000 marks punishment in the
event she was prohibited by the court from circulating the
"technology declaration," recommending it as part of
consultation, or using it in general.
That is the manner in which the Scientologists intended to
join in on the suits filed by two business operators. These
believed their business situation was at risk because their
customers has cancelled contracts after they had refused to
sign the "technology declaration."
The Administrative Court dismissed all three complaints:
the Scientologists because the case was about the exercise
of business by the women, not about freedom of religion or
association. Neither in the case of the two business
operators did the court see a direct connection between the
distribution of the "technology declaration" by the agency's
work group on one side and a corporation's free decision
to not do business with Scientologists by actually using the
"technology declaration." This behavior was not directly
attributable to the agency, according to the judges.
The arguments shot back and forth in the verbal
proceeding: attorney Bluemel complained about
discrimination against Scientologists in Germany and
reminisced about the persecution of Jews during the Third
Reich and about today's alienation of Turks and even
touched on the Human Rights Convention. He said that
employees who had been doing their work for decades
were suddenly confronted with "the sect filter" and were
losing their jobs day after day only because they were
Scientologists, according to Bluemel. "When someone is
exposed as a Scientologist, then that is it for him." He said
there was a "fearful counter-mood" being stoked and that
Ursula Caberta was co-responsible for it - an accusation
which the accused took with visible satisfaction.
"This is not about discrimination against religion, because
that is not what Scientology is," countered Ruediger Hintze,
legal representative of the agency's work group. "We are
only carrying out our official mission to inform people about
the dangers of this group and to develop a device by which
people affected can protect themselves." He said that
whether somebody used the "technology declaration" was
up to him. As a rule, corporations had made the decision
not to engage Scientologists long before they came for
consultation. "The work group is not responsible for that,"
according to Hintze. He said it was not the belief of the
Scientologists that was being combatted, but Hubbard's
technology.
The Scientologists can submit an appeal to yesterdays'
decision in superior administrative court.
Hamburg Security Declaration against Scientology legally permissible
Distribution of form may be continued -
Thousands in use
Hamburg, Germany
April 8, 2000
Die Welt
by Insa Gall
It was a model trial of nationwide importance - and ended
with a defeat for the Scientology Organization. On Friday,
the Hamburg Administrative Court was to decide whether
the so-called "technology declaration," with which
corporations can protect themselves from infiltration by
Scientologists. was permissible. After a short exchange of
blows in the verbal proceedings, one thing is clear: