Judgment "redefined"
The Scientolgy organization reports constant victories in court.
Often their report is false.
Here is an example of their systematic public deception.
--- Address of Ingo Heinemann's original German-language page (last updated on November 15, 2000) from which this translation came: http://www.ingo-heinemann.de/falsch5.htm --- The Scientology organization continues to claim that it has been acknowledged as religion in Germany through 30 court judgments. These judgments, however, are nowhere to be found.
Judgments redefined The Scientology organization does not only "redefine" speech, it also redefines judgments. In this manner a negative or insignificant court decision is presented as a great success. In most of those a simple trick is used: An individual sentence from the basis of the decision is quoted out of context. By doing that it cannot be discerned what the judgment was really about. What particularly cannot be discerned is what the process on the whole was about. The "tenor" of the judgment, that means the language of the judgment, is what makes the difference. There is not a single judgment which purports that Scientology is a religion or that Scientology is acknowledged as religion. There is not a single court process which concerns the acknowledgment of Scientology as religion. Considerations used in the basis of the a judgment can never have the same effect as the judgment itself. The basis of a judgment is where the court quite simply places a certain characteristic (e.g., as religion). But the end result does not necessarily depend on it. A court often errs on an individual point, but the final decision is right nonetheless.
In November 2000 the Scientology organization sent a fax to a number of church sect commissioners:
--- begin fax transcript with translation Deutsches B=FCro f=FCr Menschenrechte Beauftragter f=FCr Sekten- und Weltanschauungsfragen der Di=F6zese Regensburg z.Hd. Dipl-Theol. Hans R=FCckerl Roritzer Str. 12 93047 Regensburg per Fax:
0941-5839-402 Information: Current Court Decision concering "employees' membership in Scientology"
Ladies and Gentlemen, In the scope of your work you have come into contact with so-called "security statements on Scientology." This method of alienating people from society has long ago been found illegitimate by a Munich court.
The complete court decision can be obtained by calling 089-27817738 and it is available on the internet (see attachment).
cordially, Ingo Lehmann - Management - ScientoIogy Kirche Deutschland e.V. - Menschenrechtsb=FCro M=FCnchen Beichstra=DFe 12 - 80802 M=FCnchen - TeI: (089)27817738 Fax: (089)27817740= EMail: kontakt@Menschenrechtsbuero.de Internet: http://www.menschenrechtsbuero.de --- end fax transcript The fact of the matter: a Scientologist won a court process in the first hearing. Context: A Scientologist in civil service was asked by his employer to fill out a questionnaire. He sued. The court decided that he did not have to fill out the questionnaire because of "insufficiant basis of [his employer's] claim." Here's the court decision:
Arbeitsgericht M=FCnchen 21 Ca 13754/99 There is no more any discussion of a "security statement on Scientology"
there than there is of "this method of alienating people from society"
being found "illegitimate" by the court (quotes are from the fax above to the sect commissioners.) So the fax is not an interpretation of the court decision. Neither can what it contains be interpreted from the decision.
Rather Scientology's claims are sheer fabrication.
The Scientology organization wrote in a press release (below) :
"Even 'the condition that the complainant was employed ... with the Scientology Church Bavaria Inc. ... is not a evidence of anti-Constitutional activity by the complainant,' continued the court in its decision of October 24, 2000 ..."
That sounds as if the court wrote that there was no evidence of anti-Constitutional activity for the Scientology organization Actually the court did not concern itself with that question, as shown in the following sentence:
"This because it cannot be concluded from these activities that
the complainant pursues anti-Constitutional goals now or in the
future, even if the Scientology Church Bavaria Inc. turned out
to be an anti-Constitutional organization."
The Scientology has followed the model above exactly which was described
above as judgments redefined.
Taken from: www.Menschenrechtsbuero.de/sf3110.htm ----------------------------------------------------------------------- German OSA Press Release [unofficial translation] Scientologist wins in court Bavarian Scientology Questionnaire Impermissible Munich, Germany October 31, 2000 http://www.menschenrechtsbuero.de/html/sf3110.htm Mr. K. has been employed with the City of Munich since 1990 After over 9 years of objection-free civil service, an official letter found its way to his table: Constitutional Security - according to his employer - believed it found out that Mr. K. was a member of Scientology. Therefore he was requested to fill out a questionnaire about "relations to the Scientology Organization." Mr. K. was astonished to say the least, he was supposed to thoroughly write up in detail whether and how much time he spent with "organizations, groups and establishments..., including those active in social or business areas and in the field of education which were connected in some way with the Scientology Church."
The questionnaire was invented in November 1996 by Interior Minister Beckstein to discriminate against members of the Scientology Church, but had hardly a friend in the city administration.
Mr. K. believed his private sphere was being violated and sued in the Munich Labor Court.
The court has now decided that Mr. K., "due to a lack of assumed foundation, was not obligated" to fill out the questionnaire. It was said there was no actual evidence for Mr. K. being a member of an anti-Constitutional organization. Even "the condition that the complainant was employed ... with the Scientology Church Bavaria Inc. ... is not a evidence of anti-Constitutional activity by the complainant," continued the court in its decision of October 24, 2000 (Az.: 21 Ca 13754/99).
The Human Rights Office [Menschenrechtsbuero] of the Scientology Church of Germany welcomes this brave and just decision. "It is time that the Free State [of Bavaria] wakes up and orients itself to the fact with the judgment on the theme of Scientology," according to Ingo Lehmann, Director of the Human Rights Office of the Scientology Church German in Munich.
Attached: an anonymized [i.e. no names in accordance
with German privacy law] decision of October 24, 2000
end of excerpt from: www.Menschenrechtsbuero.de/sf3110.htm
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