KAZAKH PROSECUTOR-GENERAL'S OFFICE SAYS RELIGIOUS SECTS THREATEN NATIONAL SECURITYSaparbek Nurpeisov, a spokesman for the Kazakh Prosecutor-General's Office, on April 10 said that there are 1,870 non-traditional religious organizations and sects in Kazakhstan whose activities pose a threat to national security and stability, Interfax-Kazakhstan reported. According to Nurpeisov, the religious sects are expanding their activities and growing significantly, with more than 40,000 members in total. He warned of the threat posed by "representatives of a number of occult and mystical dogmas," whom he accused of "actively destructive activities in Kazakhstan." Nurpeisov named the Scientology and "Novaya Zhizn" (New Life) movements as among the most active sects. He added that "criminal and administrative charges were brought against 50 heads and active members of non-traditional religious organizations...in 2007-2008, while 13 foreigners were expelled from Kazakhstan for illegal missionary activity." RG
Kazakh Scientologists Appeal Church Closure June 23, 2009QARAGHANDY -- The leader of the Church of Scientology in the central Kazakh city of Qaraghandy has said he will appeal a decision to close their church, RFE/RL's Kazakh Service reports.The Qaraghandy Appeals Court on June 12 upheld a lower-court decision to close the church.Church leader Vadim Vitushkin told RFE/RL that if the decision to close his church stands, then other churches could face closure in the future. He said the closure of his church violates Kazakh law and the rights of the 5,000 followers of the Church of Scientology in Qaraghandy.The Church of Scientology was officially registered in Kazakhstan in 2000 and has since come under pressure numerous times.The Qaraghandy court ruled the church's activities were "threatening Kazakhstan's stability and security."Vitushkin estimated there are more than 30,000 Scientologists in Kazakhstan.
The numbers are correct if you use Scilonmaths, which counts everyone's body thetans and adds them to the total.
Another criminal pack of lies to the OSCE ==this time against the Kazakhstan govt, which has forbidden the cult to act.==========PC.SHDM.NGO/22/0910 July 2009ENGLISH onlySubmission by Church of ScientologyOSCE Supplementary Human Dimension Meeting: Freedom of Religion or BeliefVienna, 9-10 July 2009Session II: Status of Religious or Belief CommunitiesReligious Discrimination Targeting Scientologyin Kazakhstan: 2009The religious freedom rights of the Church of Scientology and its parishioners continue to be seriously and systematically violated in Kazakhstan in contravention of international human rights standards articulated in the Helsinki Accords and the International Covenant on Civil and Political Rights, human rights instruments that Kazakhstan has signed and ratified.This memorandum provides a summary of matters relating to Scientology.Karaganda: Liquidation of Church of Scientology MissionScientology is a worldwide religious movement active in more that 160 countries. Since the religion first came to Kazakhstan four Scientology churches have been registered in Almaty, Karaganda and Semipalatinsk.On 16 Feb 2009, the Specialized Inter-District Court for Resolution of Economic Disputes of the Karagandi Region delivered a judgment liquidating the Church of Scientology Mission of Karaganda, a non-commercial religious organization of Scientology. In its judgment, the Court sustained all arguments produced by the public prosecutor that the Church engages in commercial activity that is not consistent with its Charter and that it has failed to pay taxes as a commercial organization. The Court reached this erroneous conclusion on the grounds that, while the Church's Charter articulates activities including the dissemination of religious literature and delivery of religious services, the Charter does not specify that Scientology books would be sold and that donations would be accepted for Scientology services.The Church noted that sales of books and other Scientology properties are carried out for the purpose of dissemination of the Scientology religion, which goes to the heart of their activities and their right as articulated in articles 2.3 and 2.4 of the Charter. The Church also argued that it had never violated any tax regulations. All its activities are carried out in accordance with its Charter. The Judge dismissed the arguments of the Church that the inspection conducted by the prosecutor was unlawful, and that the conclusions made following the tax audit were false and unlawful. The Mission was not provided the opportunity to proffer evidence showing that it operated as an idealistic non-profit religious organization and did not engage in any commercial activity.The Court also accepted the prosecution's argument that the activities of the Church of Scientology "entail a threat to the national security of the Kazakhstan Republic, as well as to the health of its residents". In reaching this erroneous conclusion, the Court accepted "expertises" filed by the prosecution arguing that Scientology Scriptures are not religious materials and that Scientology services are not religious in nature but instead are "aimed at the use of mind technologies to alter the state of consciousness of individuals". The Court accepted these expertises even though this assessment of the religion is completely false and violates human rights law which mandates that the government may not evaluate religious beliefs as such evaluations are inherently discriminatory. See, e.g., Church of Scientology Moscow v. Russia (no. 18147/02) (April 2007).The Court did not accept the Church's arguments that the expert opinions were inaccurate, contrary to overwhelming international academic, judicial and administrative opinion and evidence and unlawful as they were conducted without notifying the Church and were procedurally and substantively completed in noncompliance with the law. These arguments were rejected by the Court even though two of the three expert opinions were not signed and the one expertise that was supposedly from the Chair of the Religious Committee was signed by someone else.The Court also refused to allow the Church to submit other expertises finding that the books and services were religious and to call witnesses to testify to this effect. Finally, the Church noted that the expertises were conducted in violation of Article 4 of the Law of the Kazakhstan Republic on Freedom of Religion and on Religious Associations as they were carried out without the required participation of representatives of religious organizations, lawyers and other experts in the field of freedom of conscience, rendering them unlawful and inherently deficient. These arguments were also rejected by the Court.This decision violated due process in that it was made without providing the Church with an opportunity to put forward witnesses and evidence on key issues in the case. In March 2009, the Church and its parishioners filed separate appeals of this liquidation decision to the Karagandi Regional Court on the grounds that it is unconstitutional, violates the Church's right to religious freedom and freedom of association and offends fundamental due process. These appeals were summarily rejected in June 2009. Supervisory appeals are pending.Liquidation is effectively a "death sentence" for a religious organization which represents a drastic government action terminating the very existence of the Church of Scientology Mission, making it impossible for this religious organization to exercise the Church's fundamental right to religious freedom and parishioners' right to practice their religion. In its General Comment, the UN Human Rights Committee makes it very clear that the freedom to manifest religion protected by Article 18 of the International Covenant on Civil and Political Rights, a treaty signed and ratified by Kazakhstan, extends to the Church of Scientology and other new faiths:1. The right to freedom of thought, conscience and religion (which includes the freedom to hold beliefs) in article 18.1 is far-reaching and profound; it encompasses freedom of thought on all matters, personal conviction and the commitment to religion or belief, whether manifested individually or in community with others. The Committee draws the attention of States parties to the fact that the freedom of thought and the freedom of conscience are protected equally with the freedom of religion and belief. The fundamental character of these freedoms is also reflected in the fact that this provision cannot be derogated from, even in time of public emergency, as stated in article 4.2 of the Covenant.2. Article 18 protects theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief. The terms "belief" and "religion" are to be broadly construed. Article 18 is not limited in its application to traditional religions or to religions and beliefs with institutional characteristics or practices analogous to those of traditional religions. The Committee therefore views with concern any tendency to discriminate against any religion or belief for any reason, including the fact that they are newly established, or represent religious minorities that may be the subject of hostility on the part of a predominant religious community.Likewise, the OSCE has from its inception recognized the importance of legal personality and entity structure to religious organizations as part of their right to freedom of religion or belief. The concern with this issue has been reemphasized in recent years during the OSCE Human Dimension Seminar on religious freedom and by ODIHR's Advisory Panel of Experts on Freedom of Religion in its Guidelines for Review of Legislation Pertaining to Religion or Belief.[1] As Kazakhstan is set to assume the Chair in Office of the OSCE in 2010, it should respect and protect these rights instead of engaging in liquidation of targeted religious communities.Moreover, the 2007 decision of the European Human Rights Court in the Church of Scientology Moscow v. Russia case reaffirms the right of religious communities like the Church of Scientology to be free from arbitrary State interference."While religious freedom is primarily a matter of individual conscience, it also implies, inter alia, freedom to "manifest [one's] religion" alone and in private or in community with others, in public and within the circle of those whose faith one shares. Since religious communities traditionally exist in the form of organised structures, Article 9 must be interpreted in the light of Article 11 of the Convention, which safeguards associative life against unjustified State interference. Seen in that perspective, the right of believers to freedom of religion, which includes the right to manifest one's religion in community with others, encompasses the expectation that believers will be allowed to associate freely, without arbitrary State intervention. Indeed, the autonomous existence of religious communities is indispensable for pluralism in a democratic society and is thus an issue at the very heart of the protection which Article 9 affords. The State's duty of neutrality and impartiality, as defined in the Court's case-law, is incompatible with any power on the State's part to assess the legitimacy of religious beliefs."The decision of the Human Rights Court in the Church of Scientology Moscow case mandates that States cannot intervene arbitrarily into religious matters and are strictly prohibited from evaluating or reinterpreting the internal validity of religious beliefs genuinely held by individual believers or religious communities like Scientology. Any attempt to investigate, evaluate or question Scientology beliefs would thus violate the duty of a State to be neutral and impartial. Yet, that is precisely what the government has done in this liquidation suit in violation of the Church's fundamental rights.Ongoing KNB Harassment and Bad Faith InvestigationsIn the morning of 8 October 2008, officials from Kazakhstan's Committee of National Security ( KNB)[2] in Almaty raided and conducted a search and seizure of the premises of the Church of Scientology Mission of Almaty and the Scientology Mission of Medeo (Medeo is a district of Almaty) as well as the Almaty Mission District Office. The KNB also raided the homes of four executives of the Missions to search their premises, seize documents and bring them in for interrogation as well as the home of certain Mission staff that also contained the Almaty Mission's archives. Nine different locations were subjected to raids followed by searches and seizures.The raids were executed by approximately 52 KNB officials who rushed into the Missions and the flats of executives. The KNB alerted the media prior to conducting the searches and seizures; KNB officials arrived at the Almaty Mission accompanied by a Kazakhstan TV crew to film the raid.The KNB seized and confiscated almost all the computers from the Missions. In addition, the majority of files in the Mission were seized, including all accounting and financial files. Materials seized included Scientology Scriptures and religious artifacts used in Scientology religious services known as E-Meters. All the confidential priest-penitent materials (referred to as PC Folders) provided by parishioners to Church ministers as part of the delivery of the central sacrament of the Scientology religion, known as auditing[3], which memorialize the spiritual progression of parishioners were seized.These bad faith investigations aimed at disrupting the religion and its parishioners from manifesting their faith remain ongoing.Numerous verbal and written complaints have been lodged by the Mission, Church staff and parishioners about the violation of their fundamental rights, including the violation of their right to religious freedom based on the seizure of their private priest-penitent confessional folders and other religious materials. These complaints also detail the ongoing mistreatment of parishioners and Church officials by the KNB in interrogations and further seizures of religious artifacts and materials.KNB officers have repeatedly threatened and attempted to intimidate Scientologists during the interrogation process. KNB officers have warned staff members that they will be imprisoned for a long time unless they "turn against" the Mission and their religion. KNB officers have also attempted to force Scientologists to watch a DVD containing propaganda denigrating the religion in an effort to persuade them to leave the Church.On 10 February 2009, KNB officers appeared at the Almaty Church of Scientology Mission with a decree to seize E-meters and proceeded to do so, disrupting ongoing religious services in the process of this latest seizure. As the E- meter is a religious artifact necessary for the delivery of the central sacrament of the Scientology religion, these continuing seizures are designed to effectively shut down the religious activities of the Church.Likewise, harassing KNB interrogations of Mission officials and parishioners continue, with numerous interrogations occurring in February and March 2009. In March 2009, the Karaganda Bureau of Human Rights accepted the complaints filed by Mission staff and parishioners concerning their mistreatment. The Bureau has opened its own investigation.The resulting indictment issued against the Mission Holder attacks the use of the E-Meter in the core religious practice of auditing, recasting purely religious and spiritual pursuits as "unlicensed" commercial activity. The interrogation of witnesses continued through June 2009 and resulted in the case being sent back for further investigation on June 29. Court personnel have informed the Church's attorneys of the tremendous pressure the court is under to render a decision against the Scientologists.The UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination based on Religion or Belief makes it quite clear that necessary articles and materials related to religious rites in matters of religion and belief such as the E-meter are included within the ambit of freedom of religion. Article 6 of the Declaration states that the right to freedom of religion or belief shall include, inter alia, the following freedoms:(c) To make, acquire and use to an adequate extent the necessary articles and materials related to the rites or customs of a religion or belief.Moreover, the rule of law is in serious jeopardy in Kazakhstan. Judges face enormous pressure to convict members of religious groups targeted by the KNB and by the executive branch. The right of Scientologists and Scientology organizations to a fair trial has been completely undermined.Judicial independence is the bedrock of the rule of law and a fundamental guarantee of a fair trial. Judges are "charged with the ultimate decision over life, freedoms, rights, duties and property of citizens" as articulated in UN Basic Principles on the Integrity of the Judiciary, The Bangalore Draft Code of Judicial Conduct 2001, adopted by the Judicial Group on Strengthening Judicial Integrity, as revised at the Round Table Meeting of Chief Justices held at the Peace Palace, The Hague, November 25-26, 2002, and Article 14 of the International Covenant on Civil and Political Rights.Yet, in Kazakhstan, the judiciary is denied true independence and the Rule of Law, and therefore the right of minorities to a fair trial, is under assault.Because of the discriminatory treatment of the Church of Scientology and its parishioners, the President of the Church sent an open letter to the President of Kazakhstan complaining about unlawful harassment against the religion and its adherents by the KNB.ConclusionThe Church of Scientology and Scientology organizations have been the target of systematic religious repression and discrimination by Kazakh authorities in contravention of OSCE Accords and international human rights law which Kazakhstan is obliged to follow.Religious repression of targeted minority faiths has become the pattern and practice of the government of Kazakhstan in 2009. Many minority faiths have been illegally targeted and subjected to religious persecution; moreoverThe Church calls upon the OSCE and ODIHR to hold Kazakhstan accountable to fundamental human rights standards such as the Helsinki Accords. The egregious level of religious repression implemented by the government cannot be countenanced by OSCE standards. Unless the Kazakhstan government takes immediate action to reform its systematic campaign of religious repression against minority faiths, the OSCE should take action so that Kazakhstan does not assume the OSCE Chair in 2010.[1] Guidelines for Review of Legislation Pertaining to Religion or Belief, prepared by the OSCE Advisory Panel of Experts on Freedom of Religion or Belief in Consultation with the Venice Commission (2004) Section 5.1.2.[2] Kazakhstan's National Security Committee (KNB) was established on June 13, 1992. It includes the Service of Internal Security, Military Counterintelligence, Border Guard, several Commando units, and Foreign Intelligence (Barlau).[3] Auditing is a core religious practice in Scientology. It is a unique form of spiritual counseling involving an auditor (from the Latin audire meaning to hear or listen) who is a minister or minister in training in the Scientology religion and a parishioner.===[auditing is the best method one can use to brainwash people to believe into unexisting spirits, unexisting "incidents" coming form "past lives" or whatever. Calling scientologists "parishioners" is a total abuse of language, since they ahev to pay to sue any part of the crime cult deliria]
This is the thrid whining of the crime cult. I wonder if it dares to protest of having its fraudulous ceter "Narconon" closed while it has operated for years in total disobedience of the Health Minister in Russia. I'll read later]======PC.SHDM.NGO/23/0910 July 2009ENGLISH onlySubmission by Church of ScientologyOSCE Supplementary Human Dimension Meeting: Freedom of Religion or BeliefVienna, 9-10 July 2009Session III: Places of WorshipReligious Discrimination Targeting Scientology in Russia: 2009Scientology Churches have faced their greatest difficulties in registering as religious organizations under a complex 1997 law "On Freedom of Conscience and Associations" (Religion Law) and in operating until registration can be obtained. The law requires religious groups to have had at least a 15-year presence in the country before becoming eligible to register as religious organizations. Scientology Churches have faced legal obstacles to registration under this law as well as arbitrary restrictions and harassing treatment by local officials for operating "unregistered" activities.This memorandum provides a summary of matters relating to Scientology from July 1, 2008 to the present in Russia.Moscow Church of Scientology Re-Registration Case: European Court of Human RightsBy way of background, the Church of Scientology of Moscow is a religious association and officially registered as such in January 1994. On 1 October 1997, a new Law on Freedom of Conscience and Religious Associations entered into force, requiring all religious associations previously granted the status of a legal entity to bring their articles of association into conformity with the Religion Law and to re-apply for registration with the competent Justice Department before 31 December 2000. Failure to obtain "re-registration" before the expiration of that time limit exposed the Church to the threat of dissolution by judicial decision.The Church of Scientology of Moscow subsequently applied eleven times for re-registration to the Moscow Justice Department between August 1998 and May 2005. Each application was rejected.The refusal to re-register the Moscow Church under the Religion Law placed its status as a legal entity in jeopardy. The consequences of non-registration as a religious organization within the meaning of the Law were extreme for the Church and its members. As a result of the arbitrary refusal to re-register, the rights of the Church and its parishioners essential to the conduct of their religious activities on anything but the most primitive level were seriously jeopardized, including the ability to own and operate educational institutions including theological schools, to own and maintain religious buildings, to conduct charitable activities, the right to acquire, import and distribute religious literature and the right to invite foreign citizens to preach and conduct religious services.In April 2007, the European Court of Human Rights (ECHR) ruled that Moscow authorities violated the religious freedom rights of the Church of Scientology by refusing to re-register the Moscow Church .The government appealed the decision.In September 2007, the ECHR rejected the government's appeal and published its final judgment in the case of Church of Scientology Moscow v. Russia. The Human Rights Court ruled that Moscow authorities violated the religious freedom rights of the Moscow Church of Scientology under the European Convention on Human Rights by persistently refusing to re-register the Church. The government paid the fine stipulated by the ECHR.In June 2008 the Ministry recorded the Church's address change, appearing to accept, for the first time, the legal existence of the religious organization, Church of Scientology of Moscow. However, the Ministry continues to refuse to accept registration of the Church's revised charter, rejecting it on numerous occasions since July 2008 for formalistic reasons that are clearly spurious and made in bad faith.For example, one of the reasons given for the refusal was that the Church used a defined shorthand term ('the Church') in place of its full name throughout the Charter. The Justice Department claimed that this was 'illegal', insisting that the full name 'Religious Organisation "Church of Scientology of Moscow"' be used at every mention in the Charter.In light of the government's bad faith in complying with the Church of Scientology Moscow ECHR decision, the Moscow Church has filed two submissions with the Subcommittee on Execution of Human Rights Court Decisions in the Council of Europe, requesting that the Council direct Russia to comply with the Moscow Scientology final decision. This request is pending.Other Cases Pending in the European Court of Human Rights15 Year RuleThe Religion Law requires religious organizations to exist for 15 years in order to register as religious organizations. Three Scientology religious organizations that were refused registration on the grounds that they were not in existence for 15 years now have their cases before the Human Rights Court after losing in Russian Courts.On 9 June 2005, the European Court of Human Rights issued an important admissibility decision concerning issues relating to the registration of two of these Scientology Churches as a religious organization under Russian national law. In that case, Kimlya, Aidar Sultanov and Church of Scientology of Nizhnekamsk vs Russia (Application nos. 76836/01 and 32782/03), the Court considered separate applications regarding the refusal of Russian authorities to register Scientology Churches as religious organizations filed by founding members of two Churches of Scientology, the Church of Scientology of Surgut City in the Khanty-Mansi Autonomous Region of the Russian Federation, and the Church of Scientology of Nizhnekamsk in the Tatarstan Republic of the Russian Federation.In its admissibility decision, the European Court of Human Rights determined, after examining extensive submissions and arguments by the parties, that the founding members and the Church's complaint regarding the refusal of Russian authorities to re-register it was admissible."The Court considers, in the light of the parties' submissions, that this part of the applications raises serious issues of fact and law under the Convention, the determination of which requires an examination of the merits."Along with the Church of Scientology Moscow vs Russia decision, this decision underlines the fact that the Scientology religion and Scientology religious organizations are entitled to the same rights and protections as other religions and religious organizations under international human rights treaties.The Church of Scientology of St. Petersburg also filed an action in the European Court of Human Rights in November 2006 against the Russian Federation challenging the refusal to register it as a religious organization because of the 15 Year Rule.These cases remain pending before the Court.Forced LiquidationOnce Russian authorities decision to refuse to allow the St. Petersburg Church to register as a religious organization pursuant to the 15 Year Rule was upheld in Russian courts, authorities initiated actions designed to liquidate the Church, which was forced to register as a social organization due to the refusal, on spurious grounds. The government claimed that the Church should be liquidated for, among other reasons, not allowing psychiatrists to attend parishioners' private religious minister-parishioner sessions and not allowing them to review confidential minister-parishioner files.The Church litigated the liquidation matter in Russian courts and the trial court's decision to force liquidation of the Church on these spurious grounds was upheld. In July, 2008, the Church of Scientology of St. Petersburg filed an application with the ECHR challenging this forced liquidation. This case remains pending with the ECHR.Other incidents of discriminationBecause of the refusal of Russian authorities to register Scientology Missions and Churches as religious organizations under the 15 Year Rule, individual Scientology Churches in Chelny, Rostov, Ufa, Samara, Barnaul, Vladivostok, Novosibirsk, Surgut City, Penza, Ekaterinburg, and elsewhere have experienced discriminatory treatment by local officials, These include both civil and criminal charges that generally allege that the Scientology Churches are either practicing medicine or running unregistered schools. Authorities in Barnaul, Vladivostok, and Kaluga, for example, are attempting to liquidate the Scientology Missions in those cities for allegedly running unlicensed religious and educational activities, while at the same time refusing to register them. While the Churches have successfully challenged a number of these claims in court, it seems that for each one that is dismissed another one starts. Where decisions in the first instance have been negative, all necessary appeals are being pursued.One of the most significant of these cases (in terms of its potential impact on the practice of the Scientology religion) involved the seizure of files and confidential parishioner confessional material from the St. Petersburg Church of Scientology. While the first investigator assigned to the case recommended that it be closed for insufficient evidence, he was replaced by another investigator who tried to "get new information" to support the case by running roughshod over a number of St. Petersburg Church staff members and parishioners. Several of our parishioners filed complaints against him and the police for their improper conduct and refusal to return their confessional files and, in a major victory last June, the court ruled that their actions were improper and ordered all the seized confessional files to be returned.Authorities in Surgut City, Penza, Ekaterinburg and Novosibirsk and Moscow have initiated investigations seeking to block the importation of Scientology religious books under the spurious argument these books are "extremist" under the new law on "extremism". As of April 2009, the investigations in Penza and Ekaterinburg have been dismissed as groundless and the books released to the parishioners who purchased them. Other cases remain pending.ConclusionThe Church of Scientology and Scientology organizations have been the target of systematic religious repression and discrimination by Russian authorities in contravention of OSCE Accords and international human rights law which Russia is obliged to follow.======Il like so much when the maffiosi are targeted for religious discrimination in a country where one is relatively tender sometimes with other maffias ;=)) the poor cult can't even see the humour of the situation :=))
I like particularly the part where the poor criminal culties do complain that the ADFI anticult association receives some 400000 euros a year (once 1 million in 2000, the only one).Indeed, the some 500 more or less dangerous groups it deals to have meanwhile gotten dishonestly something like 1 billion. 1000 times more.Some of these groups are engaged in very dangerous theoris and kill people; some do not even give any education of any value to their kids; some do recommend sex abuse and prostitution.And what does the PROTOCULT scientology? It tries to hide its crimes and to get more money from states and governments it's sucking off since half a century, forcing them into incredibly long enquiries before courts, lying every day it existed since may 9, 1950.==========PC.SHDM.NGO/21/0910 July 2009Submission by Church of ScientologyOSCE Supplementary Human Dimension Meeting: Freedom of Religion or BeliefVienna, 9-10 July 2009Session 1From Commitments to Implementation: Freedom of Religion or Belief in the OSCE AreaReligious Discrimination in France: 2009On 19 September 2008, Prime Minister Fillon appointed Mr. Georges Fenech, former Magistrate and suspended Member of Parliament, as President of MIVILUDES (the Inter-Ministerial Mission of Vigilance to Fight against Sectarian Drifts). MIVILUDES is an inter-ministerial government entity under the Prime Minister tasked to collect information on religious movements and inform the public about the "risks of sectarian deviances". MIVILUDES is composed of a President, a Secretary General with a task force of twelve officials assigned from government ministries, an Executive Committee composed of 18 government officials from nine ministries, and an Advisory Council composed of eight members of Parliament, eight associations, and 14 "experts".Mr. Fenech assumed his position as President of MIVILUDES on 1 October, 2008. This appointment is of great concern to minority religious organizations in France. Not only is Mr. Fenech unfit for such a high level government appointment due to his controversial background, which includes pending penal proceedings[1] and suspension from Parliament, Mr. Fenech has also exhibited a complete lack of objectivity and neutrality on the issues of religious tolerance and religious freedom. His appointment as President has resulted in policies, statements and activities from MIVILUDES has that represent a backward step for religious freedom and a return to religious repression of minorities in France.Repressive Recommended Measures Contrary to Fundamental Human RightsBy way of background, a few days after his Parliamentary mandate was cancelled for violating election laws, Mr. Fenech was appointed in April 2008 by the Prime Minister to conduct a study and evaluation of the Judiciary to ensure that it is set up to "fight more efficiently" against "sectarian abuses". The Report, presented to the Prime Minister in September 2008, advocates a series of draconian measures to "fight" targeted faiths in the Courts. For example:The Report recommends having Guardianship Judges intervene at the request of third parties or families in order to place the "consenting victims" under guardianship and a higher sensitization of Guardianship Judges to "sectarian drifts".The Report recommends that, during judicial investigations, a psychiatric examination should occur to confirm if the adherence to the religious minority group constitutes a state of subjection and that, during custody, a special support be organized with a psychologist and anti-sect associations as "followers who are not conscious of living in a situation of dependency" are "susceptible of strong emotional reactions at the time of their arrest and in the following hours"The Report recommends the creation of "Cells of mobile intervention on sectarian subjection" (Cellules d'Intervention Mobile sur l'Emprise Sectaire or CIMES) composed of a psychologist expert in "sectarian" matters and anti-sect associations to carry out these "interventions" during police operations and custody, concluding that "Such a cell which relies to date on the sole initiative of dedicated professionals could be very usefully turned into a permanent institution under either the Ministry of Justice or the MIVILUDES".Many of the recommendations in the Report stem from the premise that the doctrines and beliefs of religions derogatorily referred to as "movements of sectarian character" are inherently dangerous and not entitled to be treated like other religions. The Report champions the theory that all members of these minority religious movements are victims.For example, characterizing consenting adults who choose to be members of minority faith communities as "happy slaves" who are "not yet conscious of being victims" (Report at 42) exposes a bias against the beliefs of targeted religions that cannot be countenanced with France's duty to remain neutral, objective and impartial on matters relating to religion.According to Mr. Fenech's repressive Report, one issue at stake is to "protect" children from their parents' beliefs. Such a backwards approach, and the recommendations that flow from that approach, constitutes a clear violation of the right of parents to educate their children according to their own beliefs guaranteed by international human rights treaties that France has signed and ratified, including Article 2 of Protocol 1 of the European Convention on Human Rights, which states that:"The State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions".These recommendations regarding children who have parents in minority faiths are especially egregious as the United Nations Rapporteur on Freedom of Religion or Belief published a report in March 2006 regarding her visit to France in which she determined that the divisive policies adopted by the government at that time has resulted in " the public condemnation of some of these groups, as well as the stigmatization of their members, which has led to certain forms of discrimination, in particular vis-à-vis their children".Rather than attempt to repair these human rights shortcomings identified by the UN Religious Freedom Rapporteur, the foremost UN expert on international human rights law and religious freedom, MIVILUDES under Mr. Fenech's leadership, has instead attempted to compound the problem of religious intolerance directed at children of minority faiths by advocating draconian laws and "awareness campaigns" designed to:· Take custody away from a parent or parents of children of minority faiths simply due to their religious association and belief;· Stigmatize and marginalize such children in public educational institutions;· Refuse to respect the fundamental human right of parents to raise their children in accordance with their own religious beliefs;· Bias court officials against members of minority faiths;· Stigmatize hundreds of thousands of law abiding French citizens due to their personal religious beliefs and religious association with faiths denigrated as "sects"; and· Expand the highly controversial and internationally criticized About-Picard law through further repressive legislation.Despite Mr. Fenech's protests to the contrary, not only purported "sectarian abuses" but beliefs themselves are targeted for repression. For example, the Report quotes psychologist Mrs Sonya Jougla with approval:"Until today, the children who are victims of sects remain the forgotten of society and of professionals of childhood in danger; maybe because it is even more difficult to protect a child from his parents' beliefs than from their beating or their incestuous sexuality; maybe also because the duress that the parents impose on their child by immerging him into a sect is perfectly legal "(Report at 30).This statement is very clear: the issue at stake is to protect children from their parents' beliefs. Such an approach, and the implementation of recommendations that flow from that approach, constitutes a clear violation of the right of parents to educate their children according to their own beliefs guaranteed by the International Covenant on Civil and Political Rights and the European Convention of Human Rights.The French State simply has no business intruding into the sphere of religious convictions to "fight against" beliefs it does not approve of, yet that is what Mr. Fenech advocates.Renewed Call for a "Sect List"In February 2009, Mr. Fenech called on the government to re-institute a so-called official "sect list" in France similar to the infamous blacklist established by a Parliamentary Commission in 1995.Mr. Fenech publicly lobbied for this blacklist even though the previous "sect-list" had been officially withdrawn in a Circular letter by then Prime Minister Raffarin in May 2005 on the grounds that it operated as a blacklist, because of the overwhelming prejudice it caused to organizations on the list and due to its misuse by MIVILUDES officials to justify harassment and persecution of religious minorities. As reported in Le Parisien on 13 February 2009:"The policy of Michèle Alliot-Marie in this field is in conformity with the 2005 circular letter released by Jean-Pierre Raffarin (2) which was rejecting lists of movements likely to have cultish misbehaviors and was following another line of thought: to qualify in legal terms facts that could be viewed as criminal offences. In her letter addressed to François Fillon, the Minister of the Interior expresses her "surprise" about the policy change of Miviludes, "without any previous inter-ministerial dialogue" and severely points at the move: infringement of freedom of conscience, weakening of France on the European and international scene, repeated condemnations of its intransigence on religious freedom issues by the annual report of the US Department of State but also by the OSCE (Organization for Security and Cooperation in Europe)".There is no question that Mr. Fenech's incendiary statements to reinstitute a blacklist are designed to incite religious intolerance in France. The previous religious black list represented dark days for religious freedom in France. Human Rights groups, interfaith groups, NGOs, officials from intergovernmental bodies such as the UN, Council of Europe and OSCE, the United States State Department in its human rights reports and other governments spoke out against religious repression in France and France's reputation as a champion of human rights was undermined. Initiation of another blacklist would constitute a giant step backward for religious freedom in France.Under the previous blacklist, 173 movements and hundreds of thousands of French citizens were officially transformed into second class citizens who were denied basic human and civil rights and "fought against". Targeted groups were routinely subjected to never-ending investigations, audits and inspections. Municipal authorities refused to rent blacklisted movements. Custodial rights of parents were challenged in court on the grounds that a parent belonged to a religious group on the blacklist. The governmentprovided information to the public regarding businesses it identified as employing individuals who associated with religious organizations on the blacklist, falsely accusing these businesses of "infiltrating" the French economy by conducting legitimate business in France. Individuals were fired from jobs or not hired due to their religious associations. Ministries cancelled contracts with reputable business if it was discovered principals or employees were members of a religious organization on the "sect list."As the UN Rapporteur on Freedom of Religion or Belief noted in her report on her September 2005 Mission to France (E/CN.4/2006/5/Add.4):"The debate on this matter and the different measures that were taken at the governmental and parliamentary level in the second part of the 1990s undermined the right to freedom of religion or belief and raised serious concerns about religious intolerance. In particular, the establishment of a list, as well as the awareness-raising policies that were carried out, raised serious concerns in terms of freedom of religion or belief".Mr. Fenech's call for a new blacklist in contravention of fundamental human rights provides further proof that he is unfit to hold high office in France. Instead of promoting religious pluralism and tolerance as require by the Helsinki Accords, Mr. Fenech incites religious intolerance towards hundreds of thousands of French citizens associated with religious groups he denigrates as targeted "sects".
Improper State Support and Financing of Religious Hate GroupsThe Union of Associations for the Defense of the Family and Individual (UNADFI) and its affiliated organization, the Centre Against Mental Manipulation (CCMM) are umbrella organizations for anti-religious extremist groups in France. This deceptively-named UNADFI has a history of defaming minority faiths and breaking families apart, at times by violent means. One of the only reasons UNADFI (whose name is often shortened to ADFI) even exists today is because it performs a propaganda function for France's high level anti-religious extremists.UNADFI and CCMM receive substantial financial support from the French government to promote religious discrimination in France. A third anti-religious group, FECRIS, receives substantial funds from the French government to promote religious intolerance throughout Europe. National, regional, and local government entities administrations provide more than 90% of the budget for these groups. These organizations use these funds to incite religious hatred and fuel religious intolerance against specific groups through completely biased "awareness sessions," conferences and incendiary statements in the media. France thus funds these groups to systematically defame minority religions and engage in the very activities France is forbidden to do under international human rights law, which mandates religious neutrality and the promotion of religious pluralism. That is why these subsidies violate the law and should cease.Indeed, these organizations enjoy such abysmal private sector support that they could not exist at all without public subsidies. In 2000, for example, ADFI received over 1,000,000 Euros from the Ministry of Justice and 8 other ministries. Yet, it received only approximately 12,000 Euros in membership fees and non-government donations. There obviously is no public support for these organizations (which is further evidenced by the dearth of complaints filed against the religions). ADFI uses this funding to mount propaganda campaigns, to solicit legal complaints against religious minorities, and work with their attorneys to prosecute these complaints in tandem with the office of the prosecutor to a chorus of media derision aimed at the targeted minority.The close working relationship between the Ministry of Justice and ADFI became even more intimate in 2001, when the Ministry signed an agreement with ADFI. Under Article 3 of that agreement, "UNADFI will receive from the Minister of Justice a subsidy amounting to 200,000 francs." In exchange, ADFI is committed to assisting the Ministry by "implementing all the means necessary to the realization of the objective in Article 1." Article 1 requires that ADFI incite criminal complaints against religious minorities.ADFI reported in its newsletter that "the importance of this circular for UNADFI and ADFI has to be underlined..." and that "UNADFI is pleased to hear about the nomination in each delegation, direction and department of the Minister of a correspondent in charge of sectarian problems."The government continues to designate UNADFI as an association of public utility (Association d'Utilité Publique) to publicly subsidize ADFI's campaign of religious intolerance through propaganda based on false and derogatory data targeting minority faiths and to provide a means for it to be a civil party against "sects". In 2004, the French government granted 110,000 Euros to ADFI in a letter signed by the Prime Minister. Thus, the government sponsors and subsidizes ADFI's orchestrated campaign against a plethora of minority religions it designates by fiat as "sects".Yet, the very concept of fighting "destructive sects", which constitutes ADFI's mandate, is anathema to international human rights standards as it attempts to make an arbitrary distinction between religions described as "good" and religions described as "bad". Based on the public subsidies and laws allowing it to intervene in trials, ADFI has a vested monetary interest in "fighting" religious groups designated as "sects". Its position is purely biased - as a policy it refuses to meet with targeted groups and instead it specializes in providing one-sided and uniformly negative information. . As an executive leader of a branch of UNADFI, Gerard Toussaint, declared on a local radio program in Pau, which was quoted in La Republique in June 2001, "It is part of ADFI's policy to never enter in direct contact with the groups we are fighting against."Such discrimination is incompatible with the duty of the state to remain neutral and impartial with respect to religions and with the policy of true religious pluralism.Conscious of the fact that it may not so blatantly discriminate against certain religions consistent with the UN Bill of Rights, France has instead provided private anti-religious groups with the funds and the authority to discriminate against chosen religious denominations. But what France may not do directly under international human rights law it may not do indirectly through a private group. ADFI is nothing more and nothing less than the government's agent in the "fight against sects", and therefore any acts taken by ADFI must be attributable to the government and fall under the jurisdiction of the International Covenant on Civil and Political Rights and other relevant UN instruments.It is through ADFI and CCMM that extremists have been able to impose their policies on the government and their propaganda attempting to marginalize minority faiths on the public. Yet without substantial government monetary subsidies, ADFI and CCMM would wither away through lack of interest and support from the public.In September 2001, an individual who planted a bomb at the Church of Scientology's premises in the town of Anger was convicted and sentenced. Fortunately, the bomb never exploded. The man, who stated that he got his information only from public sources (such as the media and promotion from these anti-religious groups) stated in court that "I was convinced that the cults . are a threat for freedom, and I considered that almost any means was justified to fight against these organizations." This underscores the influence that extremist statements made by these anti-religious groups and like-minded politicians can have.ConclusionInternational and legal standards mandate that religious minorities be treated in conformance with the principles of pluralism, non-discrimination and equality. These standards also mandate a spirit of tolerance towards minority faiths and a responsibility on the part of the State to create dialogue and take action where discrimination occurs. Yet, MIVILUDES and its President have advocated policies and repressive measures that completely contravene fundamental human rights, including the Helsinki Accords.Likewise, what France cannot do directly under human rights law, it cannot do indirectly by aiding and abetting religious hate groups. As long as France subsidizes, encourages and supports private groups to stigmatize minority faiths and promote religious discrimination in France, the right to religious freedom in France is in peril.===[The criminal cult scientology is under probable sentences of more than 5 million dollars and jail sentences for its french founder]
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