Disinformation: Victory in Court?

Judgment "redefined"

The Scientology organization reports constant victories in court.
Often their reports are false.
Here are a couple of examples of Scientology's systematic public deception.

  1. Munich Labor Court decision of 24 Oct 2000
  2. Appeal of criminal conviction of Scientologists in France June 30, 1999

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 (translation)

Deutsches Büro für Menschenrechte 

Beauftragter für Sekten- und Weltanschauungsfragen der
Diözese Regensburg  
z.Hd. Dipl-Theol. Hans Rückerl 
Roritzer Str. 12 
93047 Regensburg 
per Fax: 

Information: Current Court Decision 
concerning "employees' membership in Scientology" 

Ladies and Gentlemen, 
In the scope of your work you have come into contact
with so-called "Scientology security statements." 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). 

Ingo Lehmann 
- Management -  
Scientology Kirche Deutschland e.V. - Menschenrechtsbüro München 
Beichstraße 12 - 80802 München - TeI: (089)27817738 Fax: (089)27817740 
EMail: kontakt@Menschenrechtsbuero.de  
Internet: http://www.menschenrechtsbuero.de

--- end fax transcript

[A "Scientology security statement" is a form which contractors/employers use in Germany to ask if applicants will be operating according to the doctrines of L. Ron Hubbard, Scientology Founder. The forms can be used for job or contract applicants. Use of the Hamburg form was approved by various courts including the German Federal Constitutional court ( http://cisar.org/980129a.htm) and the Hamburg government administrative court (Also contain examples of security statements excerpts: http://cisar.org/000408d.htm, http://cisar.org/000408e.htm and http://cisar.org/000408g.htm). Interior Minister Beckstein invited Scientology to sue against the Bavarian form years ago. For more perspective, see http://cisar.org/001031b.htm.]

The fact of the matter in the case referred to in the fax above: a Scientologist won a court process in the first hearing. The context of the case: A Scientologist in civil service was asked by his employer to fill out a questionnaire (the "security statement"). He sued. The court decided that he did not have to fill out the questionnaire because of "insufficient basis of [his employer's] claim." Here's the court decision:

Arbeitsgericht München 21 Ca 13754/99: Kein Urteil gegen Schutzerklärungen

It no more contains a discussion of a "security statement on Scientology" than it does a "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 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 is 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 in the section above, Judgments redefined.

The following is an unofficial translation of the following German-language Scientology page: www.Menschenrechtsbuero.de/sf3110.htm

     German OSA Press Release

Scientologist wins in court

Bavarian Scientology Questionnaire Impermissible

Munich, Germany
October 31, 2000

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

How a prison sentence turns
into acknowledgement as religion

Scientology uses a conviction for death and multiple fraud for advertising purposes.

--- begin press release (translation)

     Dianetik-Scientology Stuttgart
     Press Release 10 July 99

     French Cassation Court rejects General
     State Attorney's office appeal

     acknowledged as religion

     Paris A new chapter began in the history of the
     Scientology Church in France with a decision handed
     down by the French Cassation Court on June 30, 1999.
     The highest French court upheld a decision by the
     Appeals Court in Lyon - which made headlines all across
     Europe in July 1997 - whereby the Scientology Church
     was stated to have fulfilled all criteria of a religious

     The General Attorney's Office had taken the appeal to
     the highest court to get nine prior acquittals (in three
     judgments), and primarily the establishment of the
     religious nature of Scientology by the Lyon Superior
     State Court, overturned. The latter was a primary
     attachment of the complainant's representative in the
     appeals proceeding. 

     The highest court dismissed the appeal of the General
     State Attorney's office concerning the acquittals as well
     as the establishment of the religious nature of Scientology
     and found that the conclusions of the Superior State
     Court about the religious nature of Scientology were well
     founded and let stand the contention in the appeal by the
     General State Attorney's office, since it had not
     recognized any logical or legal mistakes. 

     With that, the acknowledgment of the religious nature of
     the Scientology Church by the highest court in France
     has been verified. Now, according to the French
     Constitution and the European Human Rights
     Convention, Scientologists may freely proselytize and
     practice their religion without governmental restrictions. 

     The judgment also has significance for the criticism of the
     Scientology Church in Germany, because a one-time
     negative decision by the Lyon State Court from 1996
     against Scientology continues to be distributed even
     today in official publications. 

     For the content and further information: Reinhard Egy

--- end press release (translation)


On November 22, 1996 in Lyon, France, the former director of the local Scientology branch was sentenced to three years in prison plus 150,000 DM in fines. The foremost accusation consisted of blame for a Scientology adherent's suicide. A total of 25 Scientology adherents altogether were charged for various crimes. Five were exonerated.

The decision was confirmed in an appeal on July 28, 1997. The sentence was imposed provisionally. In the original hearing only half of he sentence had been made provisional. Imposition of a suspended punishment is applied in proportion to personal conditions. Therefore it was taken under consideration that the accused held the Scientology organization to be a religious community. Naturally the court addressed the arguments of the accused and - as usual - accepted some and rejected others. But the acceptance only pertains to the person of the accused, not to his organization.

A Scientology spokesman in France said of the outcome of the appeal: With the more lenient sentence the court indirectly acknowledged the organization as a religious organization. Scientology Chief Jentzsch from the USA: "Victory for religious freedom." He said a dream had come true. News agencies subsequently reported that the court had acknowledged Scientology as a religion in France. That, however, does not fall under the jurisdiction of a criminal court. Details: AGPF-Info 11/97 Scientology in France: Conviction confirmed. Scientology acknowledged?

The judgment was re-confirmed in an appeal of June 30, 1999. The court made it clear that it was not deciding whether Scientology was a religion.

The relevant paragraph:

"Attendu qu'en l'état de ces seules énonciations, exemptes d'insuffisance ou de contradiction et procédant de l'appréciation souveraine, par les juges de fond, des faits et circonstances de la cause, contradictoirement débattus, et abstraction faite d'un motif inopérant mais surabondant, dépourvu en l'espèce de toute portée juridique, relatif à la qualité de religion prètée à l'église de scientologie, la cour d'appel a justifié sa décision sans encourir les griefs allégués"

An English translation available over the internet from Roger Gonnet http://home.worldnet.fr/gonnet/cassation.htm follows:

N° A 98-80.501D N°3203


     30 juin 1999

     M. GOMEZ, président,

     R E P U B L I Q U E F R A N C A I S E


The Cassation Cour [more or less similar to Supreme Court], Criminal Room,
through its public hearing held into the Palais de Justice de Paris , has
rendered the following ruling: 

          Ruling on the appeal formed by:

          -The General Prosecutor near the Lyon Court of Appeal,

          against the ruling of the 4th above said Court Room, on
          July 28th 1997, which had notably relaxed Yves VEAU,
          Laurent QUOISSE, Damien CALVIN, Henri
          CAILLAUD, Jean-Paul CHAPELLET, Danièle
          CHEVOLLEAU épouse GOUNORD, Alain BAROU
          and Marie-Annick BAUDRY épouse ROBERT, charged
          with fraud and fraud complicity;

          (page 2)======

          The Court, ruling after debates in the public hearing done
          on May 19th, 1999, where have been present : M.
          Gomez, président, M. Martin, reporter adviser, MM.
          Schumacher, Pibouleau, Challe, Roger, room's advisers,
          Mme de la Lance, MM. Soulard, Samuel, public

               Attorney General: M. de Gouttes,

               Room's clerk: Mme Daudé

               From the report of M. the adviser
               MARTIN, the remarks done by the civil
               professional company PIWNICA &
               MOLINIE, attorneys in the Court, and
               conclusions of M. Attorney General de

          Considering the memoranda produced by demand and by

          Whereas it results from the attacked appeal that the
          leaders of the Dianetics Center and of the church of
          scientology of Lyon, the members of the staff of those
          associations and three executives of the church of
          scientology of Paris, have been sued before the
          correctionnelle [criminal room, as opposed to the
          "assise" court, where more serious crimes are
          judged] jurisdiction, notably on fraud and complicity

          That the Appeal Judges have held into the links of the
          accusation Jean-Jacques Mazier, Corinne Medallin
          spouse Barou, and Pascale Dullin, spouse Gaidos,
          leaders of the Lyon associations, as authors of the frauds
          and some other accused under accomplices quality,
          noting that the firsts, with help and support from the
          seconds, had made of the dianetics center and the church
          of scientology of Lyon, enterprises of improper
          solicitation to the prejudice of their adepts, by using two
          types of fraudulent maneuvers;

          That the ruling first noted the publication into the local
          media of advertisings never mentioning that they emanated
          from the church of scientology, written in equivocal terms
          and sometimes indubitably lying ones, to make believe or
          let believe to the reader that some job offers were at
          stake, offers tied to books buying, to courses attendance
          and to the participation to immediately payable sessions,
          while in fact the real purpose was to get them adhering to
          scientology and not to get a job offer;

          That it then noticed the massive distribution of leaflets,
          never referencing the scientology church, proposing

          (page 3)=====

          free personality tests, analyzed on computers by people
          having not the least competence for such matters and
          revealing almost systematically heavy personal problems;
          that it adds that those fraudulent maneuvers were
          intended to persuade [the public] of the existence of
          faked enterprises [activities, systems etc.], i.e., the
          associations called centre de dianétique de Lyon and
          église de scientologie de Lyon, presented as institutions
          able to solve, through L. Ron Hubbard doctrine's
          application, the pretended difficulties revealed through the
          tests and to privilege the blossoming and success of the
          adept, while in fact those associations dispensed, with
          increasing payments asked, courses, auditing sessions,
          purification cures, which could end, in some cases, in a
          true mental manipulation, were constituting enterprises
          having as only purpose or for essential purpose, the
          improper solicitation of the adept's fortune;

          In this status;

          Regarding the first cassation's cause, proposed by
          the general prosecutor near the Lyon Court of
          Appeal, taken from the infringement of articles 405
          old, 313-1 new, of the penal Code;

          "from the fact that the ruling has relaxed the above
          named accused for default of intentional element;

          "while it does not pertain to the judicial judge to
          pronounce himself on the religious character of a
          community such scientology church and to draw
          conclusions upon the good faith area;

          Regarding the second cassation's cause, taken from
          infringement of articles 405 old, 313-1 new of the
          penal Code, 593 of the penal procedure Code, lack
          of legal basis, insufficiency or motives'

          "regarding the fact that the ruling relaxed the
          above named accused because of absence of
          intentional item;

          "while the appeal court could not, through
          observation of inapplicable facts to a same group of
          persons, draw into the appreciation of their good
          faith, consequences diverging whose motivation had
          not been explicated;

          (page 4)======

          Regarding the third cassation cause, taken from the
          infringement of articles 59, 60 and 405 old, 121-7
          and 313-1 new of the Penal Code, lack of legal base,
          insufficiency or motives' contradictions;

          "regarding the fact that the ruling released three
          executives of the church of scientology of Paris of
          the count of frauds complicity;

          "while first, the appeal court, which noticed to the
          count of these three executives, actions of help and
          support, did not draw legal consequences from its

          "while secondly, their bad faith results from the
          identification of their fraud activities between the
          church of scientology Paris with [activities] of the
          executives in Lyon scientology church;

          The causes being so exposed;

          Whereas the appeal court, primarily, after having
          reminded that the religious freedom was complete and
          under the only restrictions resulting of public security
          measures, public health or public morality, said that the
          church of scientology can vindicate the religion's title,
          before though, to notice that individuals could use a
          religious doctrine, licit in itself, to financial or commercial
          purposes to defraud good faith people and that the
          practice of a cult can lead to fraudulent maneuvers from
          certain members of that religion;

          Whereas that, to relax Alain Barou, Laurent Quoisse,
          Henri Caillaud, Damien Calvin and Marie-Annick Robert,
          members of the staff of the two Lyon associations quoted
          above and getting a symbolic allocation, the appeal judges
          mention that these accused, "who entered in scientology"
          through similar methods to those described by the
          plaintiffs, and who could, at least for some of them and in
          a relative measure, be taken as victims themselves, were
          in fact mere parts of the associations they helped to run;
          that it [the appeal court] adds that, restricted to precise
          roles, they did not know obligatorily the fraudulent
          processes used by Jean-Jacques Mazier, Corinne
          Medallin and Pascale Dullin, and that a doubt remains
          regarding the moral element of the fraud and complicity

          That, to get rid also of the charges upon Danièle
          Gounord, Jean-Paul Chapellet and Yves Veau,
          executives exerting different roles into the scientology
          church in Paris, the ruling said that if it certain that all three
          helped punctually to the two churches of Lyon by having
          cooperation relationships , the complete examination of
          the procedure does not allow to conclude that they had,
          through provocation [orders] or instructions, been part
          of execution of the fraudulent maneuvers undertaken by
          Jean-Jacques Mazier, Corinne Medallin and Pascale
          Dullin to commit the fraud which have been accounted to
          them, neither that they had knowingly favored the
          running of those enterprises keeping on acting

          Whereas under such only elements, lacking of
          insufficiencies or contradiction and coming from sovereign
          appreciation, through the judges operating on the merits,
          on facts and circumstances of the cause, contradictorily
          debated, and without taking into account an inoperating
          motive but superabundant [=which should not had been
          said, is displaced or inapplicable, not], entirely lacking
          of any judicial influence, related to the quality of religion
          attributed to the church of scientology, the appeal court
          has justified its decision without incurring the alleged

          From this the causes cannot be supported;

          And whereas the ruling is regular in its form;

          DISMISSES the appeal;

          So done and judged by the Cassation's Court, criminal
          room, and pronounced as such by the president, on June
          thirty, nineteen hundred ninety nine;

          Following this the present ruling has been signed by the
          president, the reporter and the room's clerk;


          This is the communiqué sent from the Mission
          Interministérielle de Lutte contre les Sectes (MILS) ,
          depending of the Prime Minister services, Paris.
          (translation is unofficial, I don't know if there is an official


          CONTRE LES SECTES Paris, July 1st, 1999

          -Press release- 

          Scientology could not be
          recognized as a religion before

          The Interministerial Mission to Struggle against Cults
          acknowledges formally, satisfactorily, of the Supreme
          Court ruling on June 30th, 1999.

          First, the indubitable character of the support given by
          Mme Gounord and MM. Chapellet and Veau to both the
          scientologist Lyon "churches" has been reaffirmed.

          Secondly, the Supreme Court limits itself to notice that the
          examination of the proceedings, which excluded the
          above persons of any sentence for the fraud affair
          committed in Lyon by three scientology executives, did
          not allow to prove that they had "by provocation or
          instructions, been part of the conception or execution " of
          so said fraudulent maneuvers. Implicitly, the Court
          reminds that no particular penal immunity has existed.

          Third, the Supreme Court reminds that it is not up to the
          judge to rule over the religious character of an
          association. The whereas of the Lyon Court, from which
          scientology abusively said it "had recognized it as a
          religion" by a French court, is therefore nullified.


German Scientology News