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.

[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.

[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]

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.

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.

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...