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ALSO OF NOTE IN W. GERMANY

September 9, 1981



* It's now official. After two years of a test loan, Chancellor Helmut Schmidt has decided he really does like Henry Moore's "Large Two Forms." $:120,000 has now been sent off in payment, the black sinews-and-holes sculpture will permanently grace the Chancellery -- and this time around there has been hardly a protest from passed-over West German sculptors.

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* The lie detector is barred from West German courts. The second senate of the Federal Constitutional Supreme Court has upheld the ban of the polygraph as violating the "right fo personality." Ironically, the constitutional appeal was filed by a defendant who sought to prove his own innocence by means of a lie detector. The court refused to accept the case anyway.

In its elaborated decision it held that the polygraph -- which experts deem only 90 percent reliable -- can offer no certainty, but only probability. The court found this insufficient to override the breach of "right of personality" involved in hooking up a machine to a person to measure involuntary bodily reactions.

* In another refusal to accept a case, a committee of the Federal Constitutional Court's Second Senate has approved the firing of a teacher who belongs to the right-wing National Democratic Party of Germany (NPD). This decision was made July 31 but has just been discovered and publicized by West German journalists.

Communist and left-wing groups have previously protested such actions, but in the case of erstwhile technical college lecturer Rolf Kosiek, his tenured employment was blocked by his activity in and one-time parliamentary candidacy for the right-wing NPD.

Both the Communist Party and the NPD are legal in West Germany. But the Supreme Court has categorized both parties (the NPD in 1981, the Communist Party in 1975) as working against West Germany's "free democratic order." Party members therefore fall under the government's "radical ban."