Remember, we're not talking criminal proceedings here:
This is not the NPD trial.
Legally, Scientology is a rechtsfähiger eingetragener Verein (roughly, a registered association with legal personality), not a political party.
For them, the Vereinsgesetz (association law) applies. Before 911, religions were exempted from the possibility of banning under the association law, but afterwards this was changed.
The NPD trial took place before the constitutional court BEFORE the party was banned. The party was accused and acquitted.
The trial won't be the start, only the consequence. The state where Scientology is registered can simply ban them, but Scientology can sue the state to have the ban revoked and the ban will be suspended for the duration of legal proceedings.
But the trial will be a Verwaltungsprozess (administrative trial), last instance being the Bundesverwaltungsgericht in Leipzig.
According to and § 3 Vereinsgesetz and Article 9 II of the Constitution, a Verein can be banned for if their "purpose and activities run contrary to criminal laws" or the purpose of the club is subvert the constitution or the principle of international peace and understandig. The formula is purpose tailored against nazis, obviously.
It will be a hard thing to prove Scientology actually violates those principles. Keep in mind that personal constitutional rights are can be violated with permission, except for life itself and a minimum of human dignity.
If Scientology has prisons and can prove their "believers" (whatever) entered them volutarily, it is not criminal or unconstitutional, just plain weird.
In dubio pro reo applies to Scientology as well, sadly.
I daresay the risk of failure is too high and the NPD verdict set a precedent regarding the use of moles in such organisations, so any HUMINT might just as well compromise the process.
(Dang it is quite complicated to write german legal matters in english)
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