THE Church of Scientology claimed a "dramatic victory" yesterday in its
campaign for recognition as a genuine religion after an appeals court in
Lyons reduced sentences handed out to French members of the group on
charges ranging from manslaughter to fraud.
In the inital court case, the first to explore the activities of the group
in France, prosecutors claimed the Church was a sect that aimed to defraud
gullible individals. The defence, however, argued that Scientology,
founded in 1954 by the late American science fiction novelist, L. Ron
Hubbard, was a religion with the legal right to ask members for money.
The trial stemmed from the suicide of a young Lyons Scientologist, Patrice
Vic, who killed himself in 1988 just hours after he had asked his wife for
a loan of FFr 30,000 (L3,000) to pay for a Scientology "purification"
course.
In November, Jean-Jacques Mazier, the French Scientology leader, was
jailed for 18 months for involuntary homicide and fraud in connection with
Vic's death, but on Monday the appeals court suspended his sentence,
acquitted nine other defendants linked to the group and reduced the fines
of four more.
The French parliament has already defined the Church as "a sect", but the
court declared that the question of whether it was a sect or a religion
was irrelevant in assessing its financial operations. The court ruled:
"The Church of Scientology can claim the title of being a religion and can
operate freely."
The Reverend Heber Jentzsch, head of the Church in Los Angeles, described
the court's remarks as "a dream come true for my Church and minority
religions". He said: "The court has returned to the French tradition of
liberty and equality."
Critics of Scientology immediately attacked the court's decision, and the
Lyons prosecutor vowed to launch an appeal. Jean-Pierre Brard, a French MP
who contributed to a recent parliamentary report on cults, described the
Church as "one of the most dangerous sects in existence". He said: "A
court is expected to protect its citizens' freedoms. What has just
happened is the opposite of that."
The Church lays claim to eight million members worldwide, including John
Travolta, Tom Cruise and Nicole Kidman, the film stars, and Lisa Marie
Presley. Some 4,000 Scientologists are resident in France. Lawyers for the
prosecution had accused the group of "exploiting the good faith and
credulity of its victims for commercial profit by pseudo-scientific and
semi-medical practices to the detriment of their financial interests while
exposing them to certain medico-psychological risks."
An earlier appeals court allowed the trial to go ahead, describing the
organisation as "a major threat to democratic society". The French
Government has criticised Scientologists for allegedly recruiting children
and the Church was included in a list of groups to be monitored for
possible "cult activities" by the French authorities.
Stretching the court's ruling considerably, the group called this week's
verdict "a major victory for the Church of Scientology, now recognised as
a religion by the Lyons court".
--
Rod Keller / rke...@voicenet.com / Irresponsible Publisher
Black Hat #1 / Expert of the Toilet / Golden Gate Bridge Club
The Lerma Apologist / Merchant of Chaos / Kha Khan countdown: 9 to go
Killer Rod / OSA Patsy / Quasi-Scieno / Mental Bully
LYON, France (AP) A day after a French court reduced the sentence of a
Church of Scientology leader convicted of involuntary homicide, the
prosecution said it would appeal the decision.
The court also threw out the convictions of nine Scientologists on charges
of theft, complicity or abuse of confidence, and reduced the fines of four
others.
In a key part of the ruling that church leaders called a "dramatic
victory," the appeals court in Lyon also said Monday it was not its role
to judge whether Scientology was a sect or a religion.
The prosecutor's office said today it would appeal the case to France's
highest court.
Prosecutors had argued the church was a sect that defrauded people of
their money. The defense had argued it was a legitimate religion with the
right to ask members for money.
But the appeals court said Scientology's status was irrelevant in judging
its financial activities.
"From now on, it is pointless to question whether the Church of
Scientology constitutes a sect or a religion, the freedom of belief (in
France) being absolute," the court said.
"The Church of Scientology can claim the title of being a religion, and
can operate freely."
Parliament recently designated Scientology a sect, including it on a list
of 173 groups that should be tracked to prevent cult activities.
The case centered on the 1988 suicide of Patrice Vic, 31, who jumped out a
window to his death. Prosecutors said he was under pressure from the
church to take a costly "purification treatment," including sauna
treatments and a special diet.
Jean-Jacques Mazier subjected Vic to "psychological torture," the lower
court said in November. Convicting him of involuntary homicide and fraud,
it sentenced him to a 3-year jail term with 18 months suspended.
The appeals court said Mazier's sentence had been too harsh, giving him a
3-year suspended sentence. He must pay a $83,000 fine.
Scientology teaches that technology can expand the mind and help solve
problems.
> THE Church of Scientology claimed a "dramatic victory" yesterday in its
> campaign for recognition as a genuine religion after an appeals court in
> Lyons reduced sentences handed out to French members of the group on
> charges ranging from manslaughter to fraud.
They *would* claiom something like this. Jean-Jacques Mazier is *still*
guilty of homicide through neglect (supply your own translation here..).
> The French parliament has already defined the Church as "a sect", but the
> court declared that the question of whether it was a sect or a religion
> was irrelevant in assessing its financial operations. The court ruled:
> "The Church of Scientology can claim the title of being a religion and can
> operate freely."
>
Ack! The French do actually have a law (from 1901) against a court saying
any such thing (as I understand it..). The appeal should be fun.
> The Reverend Heber Jentzsch, head of the Church in Los Angeles, described
> the court's remarks as "a dream come true for my Church and minority
> religions". He said: "The court has returned to the French tradition of
> liberty and equality."
>
Ah, so now France is OK. Wonder how long that'll last??
> Stretching the court's ruling considerably, the group ..
Couldn't have put it better myself ;-)
OK, so the appeal verdict was not what some of us wanted. Let's wait for
the next appeal, and see what happens. After all, the first trial took
eight years, these things aren't settled overnight :-(
Jens
------ No PGP signature, no authenticity. Vive La France!! ---------
http://www.imaginet.fr/~jensting/. Scientology[tm]?? Check it out at
http://www.xs4all.nl/~kspaink/mpoulter/scum.html *and*
http://www.scientology.org/. Report to alt.religion.scientology ;-)
Sandy
>Didn't somebody post that the French Prime Minister is peeved because
>the lower court over stepped its boundries? And that co<spit> is a sect.
>Can't he overturn the lower court?
No, of course not. He can only tell the prosecution to appeal, which has
been done. He can also ignore the decision when it comes to
administrative topics, which he has also done.
Seems that France and Germany have similar opinions when it comes to
scientology. Both say it is not a religion, and both have it under
observation.
If you had had some experience into cults, you'd be able to have another
viewpoint.
Roger