I think this is important to bring up because the first time this information was posted, there was little to no comment made about this rather important case.

In the fall of 1999 the Belgian government raided 10 different Scientology Churches and then nothing really much has been reported about the outcome of these raid since that time.

See http://tinyurl.com/nk5dh for more information about these raids.

Two weeks ago Le Soir Magazine published a scathing article about the Church of Scientology and the upcoming Belgian court case.

http://www.anti-scientologie.ch/lesoir-magazine.htm

The original article was in French, but the Co-Chairmen of the ARSCC(wdne) Translation Committee stepped forward and translated this rather lengthy article.

Piltdown Man and Eldonbraun- big hugs for that work! Commendation Chits will be sent to your ethics folders. ;-)

I am not going to repost the entire translation but want to repost that section that talks about the criminal case against the Church of Scientology.

The original post can be found here:

http://groups.google.com/group/alt.religion.scientology/msg/895d62e6e7abd9e1?hl=en&

<Start of translated article>

And here, finally, is part 2, all about the upcoming trial... I've decided not to add the second sidebar, which is background information about the French trial resulting from the suicide of Patrick Vic in 1988. More detail about this can be found on several websites.

From: Le Soir Magazine, Brussels, May 16, 2006, p. 10-12.

Original title: "BRUXELLES - Nouveau centre européen de la Scientologie" By Julie Barreau

[Translator's note: Everything between square brackets is mine. I have used my own invention "legal entity" as a translation for "personne morale", partly because I don't have a specialist legal dictionary to hand. Maybe there is a more common lawyerly translation, but I think mine is at least fairly clear if YANAL.]

[SECOND PART OF MAIN ARTICLE, p. 14-17]

[headline]In the line of fire of Belgian justice

[sub-headline]Scientology to stand in the dock before the end of the year

After an investigation lasting nine years, with no less than 27 search warrants executed and multiple complaints filed by former members, the long-awaited trial of the Church of Scientology in Belgium is finally due to start. The stakes are high, and the case will have repercussions far outside our borders. For the very first time, Scientology itself could be convicted as being a criminal organisation.

<comment from Patty: Holy Cow!!! This is big!>

[sub-headline]Four main charges

The judicial investigation started in 1997, and concerned nine Scientologists. The files on Scientology gathered since then, which take up four meters, cover offenses from the end of the 1980's until 2004. The drawing up of the formal charges that will complete matters will be finished within two months from now. The investigation took this long because two additional plaintiffs came forward. They are former members of Scientology who had risen to high levels in the church hierarchy, and where thus able to provide extremely important information. Four main charges have been established: being a criminal organisation (1), fraud, the illegal practice of medicine, and violations of the law on privacy.

<comment from Patty: Marty, is that you?>

[footnote] (1) According to Belgian law, a criminal organisation is a group consisting of more than two people, which exists over a period of time, with as its aim the concerted commission of criminal offenses to obtain, directly or indirectly, material advantages, by using intimidation, threats, violence, fraud or corruption, or by using commercial or other entities to hide or facilitate the commission of such offenses. [end of footnote]

<comment from Patty: That sounds just like our favorite cult!>

Scientology until now has managed to avoid any convictions as a criminal organisation. However, this legal concept is very important, because it is the association "Church of Scientology Belgium" as a legal entity which is on trial, not its individual officials. "The people responsible will probably have made sure to be insolvent by the beginning of the trial. But if the organisation itself is found guilty, things will be quite different", explains Jean-Pierre Jouglas, a lawyer with Unafdi, the 'Union nationale des Associations de Défense des Familles et de l'Individu victimes de Sectes' [national union of defense groups for families and individuals victimised by cults]. If the Church of Scientology were to be found guilty on this charge, it would probably be instantly dissolved, on the basis of the 1998 law on the criminal responsibility of legal entities. [Tr.: IANAL, but I think this is the law that finally solved a longstanding problem with Belgian criminal law: that only individual persons could be found guilty of crimes, not the companies or organisations they were part of.] At the same time, the judge could also order the confiscation of all real estate it owns in Belgium, including the newly acquired buildings in the Avenue de Waterloo in Brussels. What's more, such a conviction would inflict serious damage on Scientology's attempts at creating an image of respectability through its volunteer ministers and its various front groups.

<comment from Patty: Sounds like the C of S is in some major trouble. This has got to be tying up a lot of their resources.>

But we are not yet at that stage, the more so because in this matter Belgian justice has to walk on eggshells. A conviction of Scientology as a criminal organisation could provoke a serious diplomatic incident with the United States, where the cult is considered respectable and has support at the highest levels of government.

<comment from Patty: Somebody should tell the Belgian justice officials that Scientology is blowing smoke up their butts. I don't think this is actually true. It may have been true when Clinton was in office, but now that we have a fundamentalist Christian running the show, I doubt he approves very much of Scientology.>

The charges of fraud on the other hand are easier to prove. The testimony of the people who believe they have been defrauded by Scientology will however be essential. "The prohibitive prices of courses which are sold to members as well as the price of the e-meter may also be taken into consideration", adds Jean-Pierre Jouglas. As to the illegal practice of medicine, the prosecutors will build their case on the "purification", or "sweating", courses prescribed to members. The expert explains: "during these courses, Scientologists exercise, spend three hours a day in a sauna and take hugely excessive doses of vitamins, which weakens them considerably. The rest of the time is devoted to the lectures of L. Ron Hubbard, the only intellectual nourishment members are allowed". The auditing sessions, which are very similar to psychoanalytic sessions, may also be taken into account.

The last point of the charges, violations of the privacy law, should be able to be proven without any difficulty, thanks to the documents seized during the raids. As Jean-Pierre Jouglas explains: "Scientology keeps a file on every one of its members, containing everything that has been 'confessed' during auditing sessions".

[sub-headline]Defense through attack

With the charges almost finalised, both sides are now readying their arms. The prosecutors are using all legal means at their disposal. Scientology on its part has hired a number of well-known Brussels lawyers, and is working on its defense strategy of... attacking the plaintiffs! Many victims of Scientology don't have the courage to demand justice. Even after they've left the Church, it still holds a considerable grip on its former members. Jean-Pierre Jouglas explains: "Many victims never file a complaint. This is because these people continue to think along the lines of the cult's belief system for a long time. Such a break happens very gradually and is quite distressing. Victims don't want to hear anything about Scientology anymore, and are afraid to go beyond that because they are still intimidated." As an illustration, not one of the plaintiffs in this case was willing to have their identity revealed in this article. One plaintiff says: "When you leave Scientology, all your values, all your truths fall apart, and you're left in total confusion. You don't have any certainties left. You feel guilty and afraid. The only thing you want to do is unplug the phone and lock yourself in at home." In a stroke of luck for Scientology, its victims continue to protect it indirectly. For those who might be brave enough to go the authorities, it has several means at its disposal to persuade them otherwise. The plaintiff: "Scientology knows all the weaknesses of each of the plaintiffs, and knows how to manipulate them to achieve its aims. They don't have scruples. They are well-trained, willing to do anything, and think they're immortal. They are real kamikazes". In this case, three people have been offered settlements for undisclosed amounts. Jean-Pierre Jouglas explains: "Scientology's method to defend itself against any charges is to pay the people who come forward to withdraw their complaint. They usually pay the amount the plaintiff is demanding. With the plaintiff gone, Scientology concludes that there has been no breach of the law. What's more, plaintiffs are often in debt as a result of paying for courses. They therefore often prefer getting their money back immediately, rather than sit through ten years of legal proceedings". Other methods have also been revealed by former members. "Through intimidation, spying, slander, threats, harassment, dirty tricks, blackmail, and... suing people at every possible opportunity. That's how Scientology defends itself", Roger Gonnet, a former member, says angrily. The Church of Scientology has its own intelligence service in Belgium, called the 'Office of Special Affairs'. Jean-Pierre Jouglas adds: "Scientology thinks it wields all powers. It has its own police, its own system of justice... It is really a state within the state. The system of values of any country where it installs itself is thus thought irrelevant. This is why the cult thinks it is above any law that doesn't suit it. It threatens to blackmail its supposed enemies with the information it gathers on them. Also, confidential information revealed during auditing sessions is used to put pressure on people to stay in the cult, or not do anything that might harm it." But despite all of Scientology's efforts to keep its alleged crimes from being put under the public spotlight and avoid a conviction, the trial is definitely going ahead. In criminal law, even if the plaintiffs withdraw their complaints, the judicial authorities continue their work.

All over the world, organisations that fight against cults are awaiting the start of this trial with impatience. Will Belgium succeed where others have failed? The 65 boxes of documents seized during the raids might make all the difference...

- Julie Barreau.

End of translated article.

IMO, this is pretty big news. Now that we have it translated, it would be great to forward this information to your media contacts. The media is hot on Scientology stories and might be interested in how Tom Cruise is going to spin this one.

Again, thanks to Eldonbraun and Piltdown Man for the translations. Hopefully, you will be willing to do more when the trial begins.

Patty

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