(In which Scientology lawyers argue that Dianetics is neither educational nor cures anything.)
In the name of the Russian Federation
Supreme Court of Republic of Bashkortostan, members
Judge Kurkalova, V.M.
contributed to by prosecutor Ovchinikova, T.V.
in the presence of secretary Bayaaitova, D.P.
examined in an open court hearing in the city of Ufa on 9 February 2004 the civil case brought by the Republic of Bashkortostan prosecutor in the interests of the state and the people against the social organization (SO) of the "Dianetics" Center Republic Bashkortostan on liquidation,
IT WAS ESTABLISHED:
The Republic of Bashkortostan prosecutor appealed to the court with a claim for the liquidation of the social organization "Dianetics" Center RB, indicating that the Center's activity was being conducted in violation of RF Constitution standards and of enacted federal legislation in so far as educational and medical activity at the Center was being conducted without the appropriate licenses and presented a threat to public health, and violated human freedoms and rights.
During the court hearing public prosecutor T.V. Ovchinikova supported the RB prosecutor's legal claim and asked that the "Dianetics" Center RB be liquidated as it engaged in educational and medical activity without the corresponding licenses, and was also at variance with the RF Constitution, federal laws, and violated civil rights and freedoms. The goal-oriented educational process, based on the methods of L.R. Hubbard, was put into practice by the "Dianetics" Center without license and so was uncontrolled and had a negative impact on thought; the psychology of the instructors formed their worldview, value system, psychology, style of conduct and civil consciousness. The applied methods present a threat to public health and violate the constitutional right to protection of health, guaranteed by pt. 1 art. 41 RF Constitution and art. 17 "Basic legislation RF on protection of public health."
Representatives of the "Dianetics" Center RB social organization G.A. Krylova (representative as of 10 Jan. 2004) and E.Kh. Korzikova (representative as of 10 Jan. 2004) did not recognize the public prosecutor's legal claims, pleading that "Dianetics" was not regarded as a type of educational discipline, that its activity was similar to the Centers on RF territory and its subjects were not recognized as educational. It was not mentioned in the conclusion of the examination which educational standard of instruction was followed in the Scientology organization; the training of these specialists was in accordance with the standards of the profession, and qualifications established by the RF Government were produced in the "Dianetics" Center. Besides that, the center did not engage in medical activity, enacted legislation did not intend the licensing of the study of Dianetics to be a medical activity. No facts were presented by the public prosecutor on the violation of rights and of civil freedoms. The references to RF Health Ministry order Nos. 245 and 254 could not be taken into consideration because they bore an interdepartmental character.
Representative of the Main Department of the RF Justice Ministry for RB R.Sh. Fayzullin was in full support of the public prosecutor's legal claim. Listening to the explanations of the parties, examining the witnesses, studying and evaluating the materials of the case, the court found the legal claim to be subject to consideration.
In accordance with pt. 2, para. 2 art. 61 of the RF criminal code a legal entity can be liquidated by court decision in the event it carries out operations without proper mission (a license) or activity prohibited by law, or with other repeated or flagrant violation of law or other standards of legal acts.
In accordance with art 61 "On social associations" grounds for liquidation of a social association or a ban of its activity are: violation of social organization law and of civil and human rights; repeated or flagrant violation for social organizations of the Russian Federation Constitution, federal law or other standards of legal acts. It can by liquidated by court decision in the event that it violates law or civic freedom with its operations, repeated or flagrant violation of law or of other standards of legal acts.
The state prosecutor's argument that the social organization, the "Dianetics" Center RB, carried out educational and medical operations in violation of the requirements of law without special permission (license), and that the operations of the specified center were coupled with harm inflicted to public health, found confirmation in the court hearing.
As follows from the Charter of the "Dianetics" Center of the Republic of Bashkortostan, the "basic goal of the Center is the adoption and popularizaiton of the applied philosophy and methodology of spiritual and moral improvement of people, society on the whole, of the American teachings developed by L. Ron Hubbard. The aims of the center are: the creation in the Republic of a new system of education in accordance with contemporary notions on the nature of intellectual operations, which promote the formation of a free civil consciousness; popularization of the works of L. Ron Hubbard; creation of rehabilitation centers for people freed from incarceration, for adolescents with deviant behavior, for the unemployed, for pensioners. For the complete formulation of the goals of the Center, the following forms of activity exist:
Thus, from the Charter as it stands of the "Dianetics" center, a social organization (SO), it follows that the Center conducts educational activity and trains specialists in the area of Dianetics.
The arguments of the defendantís representatives, by which they substantiate the absence of educational operations in the Center: the absence of a purposive process of instruction, the lack of an educational standard established by the state (educational qualifications) and of educational standards in the sphere of Scientology or Dianetics, the court found to be unsound on the following grounds.
In conformity with para. 4 pt. 1 art. 11 of the Federal Law (FL) "On education" the founder of an educational establishment can be a social and religious organization (association) registered on the territory of the Russian Federation.
Article 11-1 of the name FL sets the possibility for the creation of non-state educational organization.
According to pt. 5 art. 14 FL "On education" the substance of education in specific educational institutions is defined by the educational program (educational programs), and developed, approved and realized by this educational institution independently.
According to pt. 1 art. 15 FL "On education" an organization of educational proceedings in an educational institution is regulated by a curriculum (distribution of the substance of the educational program by educational course, by discipline and by year of study), by the year's training schedule and by a lessons schedule worked out and maintained independently by the educational institution.
Part 3 article 15 FL "On education" ascertains that an educational institution is independent in its choice of educational system of evaluation, of forms, procedures and periodicity of intermediate certification.
In the court hearing a presentation of literature by the defendant was observed, "Success through communication," "Effectiveness of an individual," "Integrity and honor," "Matrimony," "How to withstand a dangerous environment" and others designated as "courses of L. Ron Hubbard," "the study by students of which is set to a timetable, definite periods of study, and definite payment of member's fees," was not refuted by the defendantís representatives.
From a checklist provided for completion and passing of a course it is obvious that a student, in getting acquainted with the content of a course in which the technology to resolve specific problems is laid out, has to be scheduled for each study topic, has to accomplish each topic of the assigned exercise, and summarize this for the supervisor, which is a person who maintains control of the knowledge attained during the study of one or another course of study developed by R. Hubbard. The arguments of the defendantís representatives and the testimony of the witness, T.I. Illarionova, executive director of the "Dianetics" Center, about how the supervisor only renders assistance in selecting the literature, but does not give out any knowledge, and evaluates the quality of knowledge only from the words of the person who is taking one or another course, the court finds unconvincing, in so far as from the content of the checklist it follows that the exercise assignment completed by the students in written form are given to the supervisor (for example, items 3,4 of section 4, items 4,5,6 of section 5). Besides that, in the checklist section "Course Completion" the supervisor signs that he has made every effort to teach this student and that he (the student) has studied all the material of this course and can apply the data which he studied. There are also routing lists "Student Course Routing Form" and "Student Course Completion Form," which contain special names, terms and a procedure for passing a course (student's personal file, exh.).
From this same checklist it is apparent that it is a report on the control of knowledge attained by the student in the examination department, there is a signature line for the examiner and for the specialist from the qualification section to sign. On completion of the course a document on attaining education is issued, a certificate signed by staff of the examination section and by the executive director, and for an assigned number. From the certificate it can be seen that the Center also has a qualification section; the certificate indicates a certain course has been passed.
Insofar as FL "On education" makes provisions for an educational institution to independently determine the criteria and form of evaluating the knowledge attained, then it is completely apparent that the phrasing in the certificate "has obtained good results" and "has completed the necessary requirements and has been granted a certificate" testify as to the presence of this system of evaluating the student's knowledge (exh. 47, 48).
In the court's opinion the aforesaid indicates the presence of a set system of study and of the evaluation of student knowledge after taking one or another of L. R. Hubbard's courses and passing it. The methods used in the course offered by the Center are meant to teach auditing and carrying out assists, which is not disputed by the defendantís representative. An "auditor" is a person who is trained in the practice of "Dianetics" applied therapy. [The English-language word] "Assist" literally means "assist" (dictionary). A person who takes one or another course offered by the Center becomes a specialist in the area of dianetics, which is spoken of in the Center's charter. Upon passing this course, the person himself can conduct an assist, an auditing procedure that any other person is not able to do who has not taken the given courses.
The reference was made by the defendantís representatives that a change had been inserted into the Center's charter in 1999 in which direction for the above form of activity was not stipulated, but that this had been rejected in registration by the Main Office of the Justice Ministry RF for RB, was found unsound by the court, because a different version of the Charter was not submitted to the court by the defendant; the action of the MO JM RF for RB was not appealed. Moreover, from the decision of the senior investigator of the Investigative Services Office FSNP RF for RB on the closing out of criminal case No. 1407853 with regard to T.I. Illarionova of 26 November 2001 it follows that "in the course of the preliminary investigation it was established that T.I. Illarionova, serving as director of the "Dianetics" Center SO, in violation of para. 6 art. 33 RF Law of 10 July 1992 No. 3266-1 "On education," carried out educational activity according to the American theory system of L.R. Hubbard without a license necessary for this during the period 1997 to 2001. For the study of the methodology of spiritual and moral improvement according to the technology of L.R. Hubbard by the "Dianetics" Scientology Center various study courses were conducted for children and adults. During this payment for study was collected in the form of membership contributions (exh. 59, 60).
From the explanation of the "Dianetics" Center SO's representatives it follows that a professional choice in educational qualification did not exist for the individual in the Center's staff, which was a blatant violation of art. 53 FL "On education."
The prosecutor submitted case material "Bridge to Total Freedom", which has the "Scientology chart of grades, steps and recognized Levels and Certificates." (exh.).
As is apparent from the "Bridge" diagram, to attain the greatest success there are special classes of auditors who can rate as qualified Scientologists.
Examined in the capacity of experts were staff of the Bashkir Institute of Educational Development; R.I. Saytov and T.S. Chuykova unequivocally stated that these grades can be assessed as qualifications that are received after taking the Center's educational courses. And although, according to testimony from the executive director of the "Dianetics" Center RB SO, T.I. Illarionova, it follows that the Center is situated under the "bridge," there also exist various levels of education, which depend on the amount of membership payments: familiarization, permanent, advanced 1, advanced 2, which was not denied by the defendantís representatives.
From the advertising brochure submitted by the prosecutor and distributed by the "Dianetics" Center it follows that to raise one's qualifications one can go into the Hubbard Humanitarian Center in Moscow city, of which the "Dianetics" Center RB SO is a member (the Center's executive director T.I. Illarionova emphasized the payment of membership dues) (exh.). According to the conclusion of the expert testimony of 21 September 2001 taken in criminal case No. 1407F53 by the expert group for the Bashkir Institute of Educational Development it follows that:
1. According to all the basic components the purpose, content, structure and style of interpreting the material in the education literature, the offered method of presenting the given material for course participants, the use of a supporting videoseries, the existence of a glossary, fundamental definitions, the practical exercises in the programs and the control procedures of the L.R. Hubbard program courses fall into the genre (category) of "spiritual-educational, humanitarian" in the category of educational, identified as a supplementary general educational program existing outside the scope of state-supported standards for general education and on a level with other programs of supplementary education of a wide cultural orientation directed toward satisfying specific requirements of the citizenry in the given field.
2. The activity of the "Dianetics" Center RB SO, through L.R. Hubbard's study courses, are outside the realm of activity of a social organization (SO) and are, in essence, educational, because they include all the components of a full-valued instructional process: entrance test for the purpose of determining the starting level, determining the content of the course needed according to the uncovered problem, organization of planned lessons with the existence through that list of educational documentation, a cycle of organization lessons with regard to a schedule, the presence of educational literature, organizational monitoring of progress, delivering exams and self-analysis of course success, issue of certificates for the possibility to use the knowledge in practice.
3. The activities of the "Dianetics" Center RB SO, through L.R. Hubbard's study courses, are subject to licensing in the system established (exh. 16-20).
Experts questioned during the court hearing, R.I. Saitov and T.S. Chuykova, verified the expert conclusion they made with regard to the indicators present of educational activity at the "Dianetics" Center. The experts of the Bashkir Institute for educational development designated the courses given by the "Dianetics" Center as supplementary educational programs that were outside the scope of state standards for general education and on a level with other programs of supplementary education of a wide cultural orientation implemented in various forms by state and non-governmental educational structures and by individuals, directed toward satisfying specific requirements of the citizenry in the given field (art 26 FL "On education").
In this the support in its activities for the Church of Scientology contradicts the principle of state politics in the field of education, which envisions a "secular character of education" (art. 2 FL "On education).
The court finds the experts' conclusions to be objective, because they do not contradict other evidence assembled in the case and are not refuted by the defendantís representatives.
Submitted by the defendant in the basis of his argument, a letter of 22 Jan. 2004 signed by the director of the Department of General and Children's Education of the Education Ministry of the Russian Federation addressed to G.A. Krylova, does not refute the fact of the presence of educational activity in the "Dianetics" Center RB SO, but indicates only that the state education program does not make provision for the study of "Dianetics" or "Scientology" (exh.).
The letter of first deputy prime minister of the RB Ministers Cabinet V.P. Lesunov of 18 June 1996 on the activity of the center not being subject to license and the conclusion of I.S. Zharkov, member of the commission for education for the Sovetsky district council of the city of Ufa about the activity of the center not being recognizable as educational do not refute the fact established by the court of the violation of Federal Law by the "Dianetics" Center because the specified personnel are not experts and are not regarded as personnel who issue licenses for conducting educational activity in the framework of the provisions for licensing educational activity.
An analysis of the interpretation permits the conclusion to be drawn that the social organization, "Dianetics" Center RB, carries out educational activity in violation of the aforesaid standards of law.
In accordance with no. 2 para. 3 art. 49 of the RF Criminal Code the right of the legal person to carry out activity, for the performance of which it is necessary to have received a license, arises the moment such license is received and the term in it has not expired or been terminated by other established law or other legal acts.
In accordance with para. 6 art. 33 RF Law "On education" the right to conduct educational activity arises for an educational establishment from the moment its license is issued.
The "Dianetics" Center SO does not have the appropriate license to carry out educational activity and, consequently, cannot conduct activity giving instruction in L.R. Hubbard's courses.
The references of the defendantís representatives to the Provisions on Licensed Educational Activity in the capacity of an objection to the prosecutor is unsound on the following grounds.
Art. 2 of the Provisions on Licensed Educational Activity, established by Resolution of RF Legislature on 8 October 2000 No. 796 specifically sets the forms of activity that are not subject to license:
The educational activity of the "Dianetics" Center RB SO is not activity indicated in the cited article of provisions on licensing on the above indicated grounds, and thus it must be subject to licensing.
L.R. Hubbard indicated in his work, "Dianetics" that "Dianetics" actually possesses the following characteristics:
"1. It is an organized science of thought built on definite axioms: statements of natural laws on the order of those of the physical sciences.
2. It contains a therapeutic technique with which can be treated all inorganic mental ills and all organic psychosomatic ills, with assurance of complete cure in unselected cases.
6. The single source of mental derangement is discovered and demonstrated, on a clinical or laboratory basis, by dianetics.
9. Dianetics brings forth the non-germ theory of disease, complementing bio-chemistry and Pasteur's work on the germ theory to embrace the field.
10. With dianetics ends the 'necessity' of destroying the brain by shock or surgery to effect 'tractability' in mental patients and 'adjust' them.
11. A workable explanation of the physiological effects of drugs and endocrine substances exists in dianetics and many problems posed by endocrinology are answered."
From the quotes on "Dianetics" cited from Hubbard himself it is obvious that Dianetic technology has elements of medicine and even pharmacology in that it explains the influence on an organism of medicines and it advances a theory of disease.
The indicated forms of activity, according to the nomenclature of labor in the provisions for licensed medical activity, require attainment of a license. One of the key concepts of Hubbard's technology is the "auditing" process and the "assist" procedure, which is also used by "Dianetics" Center adherents.
Auditing, Hubbardist technology that is supposed to free a person from engrams, is used in Scientology, Dianetics, "Narconon" and other areas of Hubbardist-Scientology activity. "Assist," from the English, is a simple process that is applied to any person to help him recover more quickly from accident or disease.
From the defendantís representative's explanation, the testimony of witness T.I. Illarionova, advertising leaflets issued and publications, it follows that any selection of personnel for the passing of Hubbard's course (from the registration of correction to the psychic status of potential students) is not exercised by the Center. Besides that, the advertisement shows people going to the Center when they have any kind of problem, and promises simple, acceptable help (exh.).
The auditing offered in courses by the "Dianetics" Center is rated by experts examined in the court hearing as an intrusion into the sphere of human consciousness, in which connection it is also an unqualified intrusion. The procedure of auditing, according to the explanation of experts R.M. Badretdinov and T.U. Akhmetzyanov, who were questioned in the court sessions, was nothing other than putting a person into a trance state whereupon he would speak revealingly about his problem, give information about a certain incident, himself or his environment. The risk of the applied technology consisted of the psychotraumatized situation not being resolved; this led to functional disorder and to dependence upon the auditor. In traditional psychiatry nothing of the sort permitted. R.M. Bardretdinov testified as to the method of influence upon the consciousness of a person, being used in "Dianetics" and "Scientology," that it was neither officially approved nor registered and therefore ought not to be subject to accommodation.
From the testimony of expert R.M. Badretdinov it also follows that in practice of doctors, psychiatrists and psychotherapists in Ufa there have been incidents of people appealing for medical assistance after having taken courses in the "Dianetics" Center, specifically, R.F. Valeey (diagnosis: "paranoid schizophrenia, copy of ambulatory chart, exh.).
The latter condition is subject to expert testimony referencing the unqualified intrusion into the sphere of psychic structure being dangerous for a person because it can result in a worsening of latent psychic pathology and refutes the defendantís argument to the reverse. Besides that, E.A. Krasheninnikova, director of the Republic Center of Psychological Aid for Families, Children and Youth, examined in the capacity of specialist, explained that "Dianetics also uses words similar to those contained in psychotherapy and psychiatry and makes provisions for the definition of psycho-corrective work. It has also been shown that over the past 2 years there have been about 8 cases of parents of teenagers coming to Center specialists after involvement in the 'Dianetics' Center."
From the rules for students it follows that a student is required to communicate to the director of studies or to the supervisor when he is going to take medicine, or is taking it at the present moment (this includes any medication, medicinal substance, analgesic, tranquilizer, antidepressant, aspirin or drug) in order to coordinate this with the process of study.
T.I. Illarionova, executive direction of the "Dianetics" Center, examined in the capacity of witness, did not deny that the supervisors removed students from courses of study while the students took medication, because the student could fall asleep while studying and not be receptive to some information. From this same testimony it follows that the supervisors who work in the Center have neither the pharmacological nor medical education to decide what influence any preparation would have on the consciousness or mental activity of a person.
It is obvious that people who turn to a professional doctor for medical assistance get qualified medical assistance if this is essential for conditions of health. But in no way can this have an effect on the process of any study. Besides that, people are not required to talk about what medical assistance they are getting or have gotten. In the rules for students this statement about the method of treatment and the taking of medicinal substances, elevated to the rank of compulsory for the fulfillment of instruction, is impermissible. It should be noted that the regular schedule of the "Dianetics" Center has a position for a medical consultant. In spite of this, the Center advertises about its own methods of treatment, like an "assist," for any person: "During trauma, operations, childbirth, serious illness, in times of intensive emotional loss a meticulous, complete assist should be delivered. It is doubtful whether it is possible at all to achieve complete recovery by any medical substance, and an assist, without doubt, significantly speeds up recovery" ("Bud zdorov - ne boley!", No. 12, 2002, exh.).
An explanation about this was given to the court by a witness for the defendant, R.A. Zagidullin, who said that with the aid of "Dianetics" he was saved from alcohol dependency and with the help of assists he relieved the condition of his mother, who had been taking medicine for a long time.
With regard to art. 43 of Basic Legislation of the Russian Federation on the protection of public health No. 5487-1 of 22 July 1993 (version of 30 June 2003) "propaganda, including mass media, about methods of prevention, diagnosis, treatment and about medicinal substances, which have not been proved in an established legal manner, is prohibited."
Meanwhile, verification tests have not been held in accordance with due law on an assist as a method of rendering assistance to someone in a state of illness, and auditing as, in essence, intervention in the sphere of human consciousness. There are only the so-called success stories, which were written by the people themselves and do not have anything in common with the conclusions of specialists. The specialists examined in the course of the court hearing at the initiative of the defendant, S.N. Vinogradova and A.G. Gofman, in determining the direction of the activities of the "Dianetics" Center and Scientology in general (that the activity in question was not medical), referred to a work by Professor Kagan, member of the social organization "Nezavisimaya assotsiatsiya psikhiatrov" ["Independent Association of Psychiatrists"]. In spite of this, they recognized that Scientologists have posts with elements of psychologists. In particular, S.N. Vinogradova: "Auditing is an attempt to plunge the person into some situation, even if traumatic..." It is obvious that to plunge the person into the set state it is necessary to have special knowledge in the area of psychocorrection, which, in its turn, is subject to licensing. S.N. Vinogradova asserted that there are certain elements of healing in the activities of "Dianetics."
However, with regard to Basic Legislation on the protection of public health, to employ healers, there is also supposed to be an appropriate diploma. A.G. Gofman explained that the methods applied in "Scientology" and "Dianetics" were similar to methods of relaxation ("during auditing a person is weakened; this is like relaxation...") used in psychotherapy, but this activity, again associated with intervention in the sphere of human consciousness, requires a license.
In connection with the conclusions of the forensic-psychological expertise on the group phenomena "Dianetics Center" and "Church of Scientology" by the group of experts formed on the basis of the decision by the investigator of the Prosecutor General of the city of Moscow for materials of criminal case No. 220706, initiated in accordance with art. 239 item 1 of the RF Criminal Code and communicated by the prosecutor to the court record, it follows that the procedure of auditing practiced in the "Dianetics" Center was essentially similar to socio-psychological and psychotherapeutic methods. This sort of activity requires appropriately trained personnel and needs to be licensed (exh. 33).
The arguments of the defendantís representatives that the cited criminal case was dropped and so the above cited conclusion was inadmissible, the court finds unconvincing. From the decision about dropping the criminal case it follows that the grounds for the ruling was a violation by FSNP operational personnel of the norms for criminal-procedural law in gathering the appropriate evidence; the evidence was rendered inadmissible. In the grounds, however, not a word was said about the forensic-psychological expertise on the group phenomena "Dianetics Center" and "Church of Scientology." Their conclusions were not subject to doubt and are not refuted by the defendants.
In L.R. Hubbard's book, "Dianetics: Modern Science of Mental Health" (published by "Voskresene" together with "New Era Publications Group", Moscow 1993) "Dianetics" is classified as educational Dianetics, political Dianetics, medical Dianetics and social Dianetics (p. 145).
Examined during the court hearing in capacity of witness, V.L. Linevich, consultant for the Republican Center of Aid to Family, Children and Youth, teacher at the department of psychology at the RB MVD Legal Institute, explained that in his view, the methods of Dianetics to a great extent contain a trend of clinical (medical psychology) psychiatry; he defined Hubbard's technology as a medical-educational program and to some degree rehabilitation.
In para. 2.3 of the Charter of the "Dianetics" Center SO provides for forms of activity like assistance in the social rehabilitation of people who have been released from incarceration, of teenagers, the unemployed and retired, the organization of activity of rehabilitative centers and rendering them organizational assistance.
Meanwhile, as E.A. Krasheninnikova explained, rehabilitative activity is subject to licensing in the established system. In accordance with the conclusions of expert testimony given by staff of the Ufimsky city psychoneurological clinic of 24 Sep. 2004 the study methods of R. Hubbard used in the "Dianetics" Center SO bring pressure to bear upon the human psychic sphere on the whole, during which a possible result of this influence are radical changes in life's reference points and in behavior with changes in all aspects of life and with the appearance of symptoms of disorders, which can testify to the psychic pathology: shed all the more are the behavior of the individual personality, personal initiative, the ability to exercise self-determination over the "self;" psychological dependence is formed in the person as is a requirement for support of the leader of the group and for the teachings of R. Hubbard. The threat to public health in the study courses of L.R. Hubbard at the "Dianetics" Center RB SO are associated with the possibility of forming a condition that according to IKD-10 (International Classification of Disorder revision 10) could be qualified as "Personal dependence disorder (F-60.7). Besides that, unqualified intrusion into the sphere of psychic structures can lead to a worsening of latent pathology (exh. 22-26).
The court cannot heed the argument of the defendantís representatives that the conclusions of the experts or specialists cannot be based only on the study of literature because A.G. Gofman, examined in the capacity of specialist at the initiative of the defendant, in asserting a lack in "Dianetics" and "Scientology" of medical activity, also explained that he had never worked in the "Dianetics" center and had not seen how they operate, he was only acquainted with the literature.
The reference by the defendantís representatives that the conclusions of the experts at the Ufimsky city psychoneurological clinic could not be taken into account because they were not based on specific facts has a conjectural nature; the individually expressed word for word adaptation from an article by professor F.V. Kondratev is not found reliable by the court on the following grounds.
With the above-mentioned testimonies the court established the presence of circumstances that substantiated the claims of the prosecutor and did not contradict the conclusions of the above-mentioned expert testimony.
The testimony can also be confirmed by facts, by the former subject of investigation during the examination by the Kalininsky district court of the city of Ufa on 15 May 2000 on the civil case of the lawsuit of T.V. Vladimirova against "Orlenok" Corp. on reinstatement at work. So, from the text of the decision it follows that director Vladimirova forced shop employees into a compulsory system to take courses of R. Hubbard in the "Dianetics" Center (although representatives of the defendant asserted that membership in the Center was voluntary). In September 1997 T.V. Vladimirova signed an agreement for "Orlenok" Corp. with the World Institute of Scientology Enterprises (WISE). Item 5 of the Agreement provided for an annual membership fee in the amount of 6,000 US dollars, which was to be transferred 30 days before the beginning of each year. The stated sum was paid from the account of the "Orlenok" store. The store's losses increased. Director Vladimirova was personally interested in advancing the teachings of R. Hubbard; she exercised direct control in the passing of courses by store workers, who coordinated their courses with her and told her about the successes and failings of workers. The court recognized that Vladimirova had illegally removed head bookkeeper S.I. Pletneva from work and employee T.V. Tregidko of branch No. 6 "until completion of correction" (one of the forms of study according to Hubbard). The court found that the introduction of Hubbard's technology into the "Orlenok" Corp. negatively influenced labor relations, and was conducive to disintegration of the group, loss of work time (workers were put in training rooms for 4-8 hours of work time). Besides that, in the audit for hidden losses "Orlenok" Corp. used monetary resources to pay membership dues to the Hubbard Humanitarian Center. The decision issued by the court remains in effect by ruling of the Court Collegium in accordance with the civil case of the Supreme Court RB of 14 September 2000 (exh.)
E.I. Nechaeva and P.Yu. Selznev, witnesses examined in the court hearing, testified that they had difficult situations arise in their families because their children Natalya Sultakayeva and Albert Sultakayev came under the influence of the "Dianetics" center, shunned them, and started treating them and their children without affection. They turned aggressive and all the more dependent on Hubbard's teachings. In connection with the trips to study, purification and purchasing literature, the material situation of their families worsened significantly. The witnesses, each separately, also verified that Natalya Sultakayeva and Albert took strange pills, which they bought in the "Dianetics" center, ostensibly to maintain calcium in the organism and maintain the energy and activity of the cerebrum. They were not told the names of these pills, they were told to take them.
The court found the testimony of E.I. Nechaeva and P.Yu. Selesnev to be truthful; they did not contradict the other evidence gathered in the case. Witnesses N.V. Sultakayeva and A.Ya. Sultakayev, examined for the defendant, did not deny the fact of taking the preparations, but asserted that these were special vitamins "Kompleks vyzhivaniya," which they had ordered in the city of Moscow or had obtained through people who distributed them. They began taking them from the moment they started the purification procedure provided for by Scientology doctrine. With reference to dosage and frequency of use they were advised with their acquaintances, who were also Scientologists who were told dosage and frequency. A.Ya. Sultakayev did not deny in the court hearing that in 1994 he had gone to the "Dianetics" center RB and was going at the present time with the goal of "associating with like-minded people."
The theory of R. Hubbard rejects the use of drugs and rejects official, psychological, psychiatric and psychotherapeutic treatment. Along with that, the "Purification" program offers to put into effect a certain procedure combined with the use of uncontrolled doses of vitamins and food supplements that, it was found and verified in the testimony of the Sultakaev witnesses, that in the court's opinion is of the same danger as uncontrolled use of the others.
The court considers that the advertisement of this program was distributed specifically in the "Dianetics" Center RB since the program is taken from Hubbard's teachings, which the Center propagates; the Sultakayevs drew ordinary residents of the city of Ufa into the procedure. The Sultakayev's assertions that they found out the information from a book and from friends of the Scientologists, the court finds insincere. From whom specifically they obtained the information about the "Purification" program being carried out in the city of Naverezhniy Chyoln, the Sultakayevs did not say. By order No. 254 of the RF Ministry of the Health and Medical Industry of 19 June 1996 "On the repeal of the 'Detoxification Program'", the directors of institutions subordinate to federal health, including scientific-research, medical-preventive and educational, were to not permit propaganda and use of detoxification or other methods taken from the teachings of Hubbard's "Scientology" or "Dianetics" in the practice of health care, in connection with which the methods used by the adherents of R. Hubbard represented a threat to public health.
The defendantís argument that the indicated order was interdepartmental and could not extend to the activities of social organizations the court finds unfounded.
The fact is that the "Purification" program includes the physical requirements of running, sauna, as well as doses of unknown medicaments (which the Sultakayevs pointed out), and was conducted without preliminary or ongoing medical control indicates a clear violation of the above cited order.
In 1999 The Kirovsky district prosecutor of the city of Ufa suspected violations of the law on health care in the "Dianetics" Center SO.
Meanwhile, in the rules for students any change concerning the mandatory advice from supervisors about the taking of medicine was not brought about, and consequently the rejection of official medical aid is that much more in evidence as it turns out that students can take their prescribed medicine only with the permission of the director of studies or the supervisor. Furthermore, from the literature in the Center, a newspaper, it follows that the "Dianetics" center is closely connected to the Humanitarian Center of R. Hubbard in the city of Moscow, from which it receives and distributes literature of Scientology theory, which is not refuted by the defendants. The existence of cases of treatment for medical aid, the existence in the anamnesis of R.F. Valiev of the recollection of the courses he took in the "Dianetics" Center SO is evidence of the harm done this Center causes the public. It should be noted that R.F. Valiev's history of illnesses includes the presence of this trauma and the aggravated consequences.
The above permits the conclusion to be drawn that the activity of the "Dianetics" Center RB SO existed in blatant violation of RF Constitution, Federal Laws, and violate civil rights and freedom. Article 2 of the RF Constitution establishes that a person, his rights and freedom are of superior value. All activities of the "Dianetics" Center RB are oriented toward definite forms of influence on human personality and his physical and moral health.
Article 17 of Federal Law of 8 Aug. 2001 No. 128-FZ (revision of 23 Dec. 2003) "On licensing individual forms of activity" included medical activity in the list of forms of activities whose practice requires a license and determined that included in these were other forms of activity, the licensing of which was stipulated by current and other federal laws. Used in the procedure of auditing, autosuggestion, suggestion and visualization as a prelude to change of consciousness contradicts the Order of the Ministry of the Health and Medical Industry of the Russian Federation of 13 June 1996 No. 245 "On the regulation of the application of methods of psychological and psychotherapeutic influence," from the contents of which follow: "not permitted are propaganda and the use, with the purpose of making healthier, prevention, treatment or rehabilitation, of impermissible methods and methods of psychological and psychtherapeutic influence; the use of permissible methods and methods of influence is allowed only with the existence of a license for the given form of activity in a health establishment on condition of careful selection of patients for individual consultation; working with methods of psychological and psychotherapeutic influence is permitted by specialists who have the appropriate training in psychiatry, psychotherapy and medical psychology and those who have obtained in the established way a diploma in the specialty indicated" (paras. 1,3,4). Not a single requirement of the RF Health Ministry Order has been fulfilled by the "Dianetics" Center.
Thus it is also impossible to recognize as legal the activity of the "Dianetics" Center RB SO in the region specified.
With regard to art. 19 of Federal Law of 19 May 1995 No. 82-FS "On social associations" (in wording of Federal Laws of 17 May 1997 No. 78-FZ, of 19 July 1998 No. 112-FZ of 12 March 2002 No. 26-FZ, of 21 March 2002 No. 31-FZ of 25 July 2002 No. 112-FZ) a person who has reached 18 years of age may be a member of a social organization. Meanwhile, from the submitted success stories it follows that members of the organization included children. Moreover, the success stories lack a reference to participation from the parents - legal representatives of the minors. Besides that, agreement was given for publication (exh.) The specified activity violates not only the norms of the above named laws, but the right of minors and contradicts art. 21 Civil Code RF, which establishes that civil competence arises in full scope upon coming of age, that is upon having reached 18 years of age.
The court takes into consideration the testimony of US citizen Thomas Courtney Spring with regard to the Church of Scientology and that the activity of its organization is not prohibited in various states. However the court considers the fact that Mr. Spring has received a fee from the Church of Scientology for consultation services, which was corroborated during the court hearing.
The testimonies of witnesses E.A. Valter and R.A. Zagidullina in reference to their positive experiences in connection with studying the philosophy of R. Hubbard and the application of Dianetic methods the court regards critically, insofar as these are members of the "Dianetics" Center RB and intend to continue their studies. The specified witnesses were not able to give testimony refuting the principles of activity of the "Dianetics" center because their statement on membership indicated that they are not opponents of the philosophy of R. Hubbard.
The presentation by the defendantís representatives of the decision of the Arbitrage court and courts of common jurisdiction of the city of Moscow, the court does not take into consideration, insofar as from the content it is seen that the Russian Social Organization, "Hubbard Humanitarian Center" contests the decision of the tax organ, IMNS No. 4 for the Central Administrative District of the city of Moscow of 17 September 1999. The judge established the fact of a procedure violation in holding a taxpayer responsible for taxes, which was the basis for the rescinded decision of the tax organ. The court decision presented does not contain any conclusions that might unconditionally deny the conducting by the Hubbard Humanitarian Center of medical or educational activity. From the resolution of the Ostankinsky district court of the city of Moscow of 11 March 2001 on the cessation of the criminal case in the accusation of N.S. Dvoryadkina, director of the "Hubbard Humanitarian Center" and G.V. Kudinov, president of the board of directors for "Scientology Church Moscow" in the commission of a crime, which stipulated art. 171 no. 2 para. 'b' of the RF Criminal Code for absence of criminal composition in the activities of the defendants, it follows that the basis for making this sort of decision was not the establishment by the inquiry of income from the organization's activity nor the violation of the norms of criminal-procedural law during the investigation of a criminal case. However, neither does the text of the decision contain a conclusion about the non-implementation of medical or educational activity by the Hubbard Humanitarian Center. Besides that, the filing by petition of the defendantís representatives for materials of the specified case and other court decisions is not relevant to the dispute in question or to the activity of the "Dianetics" Center RB SO.
The court deems that the instructional letter on the organized policies of L.R. Hubbard, taken from volume 4 KRO,, presented by E.Kh. Korzikova, who was called by the defendantís representatives to refute the prosecutor's argument, does not refute the above cited testimony on the implementation of the "Dianetics" Center RB SO not being permitted in the established system of educational and medical activity. During this it was also taken into consideration that the excerpt from the subject book was given to the court without identical text-original in the English language and without an indication of the person who produced the translation.
The court does not consider the article presented by the defendants by V.E. Kagan "Saentologiya i psykhoterapiya: ekspertnye materialy," published in the magazine "Nezavisimyy Psikhiatricheskiy Zhurnal" Nos. 3-4 of 1999 because the specified publication is inadmissible as evidence in the given case.
As concerns the arguments of the defendants about the prosecutor of the Republic of Bashkortostan not having the right to turn to the court with a complaint about the liquidation of a social organization, the court finds them illegal. In accordance with art. 45 GPK RF the prosecutor has the right to turn to the court with a statement protecting the rights, freedoms and legal interests of the public, an indefinite group of people, or the interests of the Russian Federation.
In accordance with the Federal Law "On the prosecutor of the Russian Federation," the Prosecutor of the Russian Federation, a united federal centralized system of organs, put into operation in the name of the Russian Federation, monitors the observation of the Constitution of the Russian Federation and the application of laws in effect on the territory of the Russian Federation.
The Prosecutor of the Republic of Bashkortostan brought the case about the liquidation of the social organization, "Dianetics" Center RB, in connection with their actions violating the "rights and freedoms of the public, repeated and blatant violations of the law and other normative-legal acts, that is with the grounds provided for the liquidation of a social organization in accordance with article 44 of the Federal Law "On social associations."
In effect, the art. 44 FL "On social associations" application in court on the liquidation of interregional, regional and local social organizations by grounds specified in the given article have been brought by the prosecutor of the corresponding type of the Russian Federation in the system provided for by the Law of the Russian Federation "On the prosecutor of the Russian Federation.
On the basis of guidance rendered in arts. 194 and 198 GPK RF, the court decided:
The request to the court by the prosecutor of the Republic of Bashkortosan is satisfied. The social organization "Dianetics" Center of the Republic of Bashkortostan is liquidated and removed from the Unified State Register of Legal Persons.
Liquidation is to be carried out in accordance with arts. 62-64 PS RF. The decision may be appealed in the Supreme Court of the Russian Federation 10 days after the Supreme court of the Republic of Bashkortostan.
Judge of the Supreme Court RB V.M. Kurkalova
source of Russian language original: http://www.nevskiy.orthodoxy.ru/news/2005_06_29.html
Russian Court Upholds Ban On Scientologists
The Russian Supreme Court upheld the 9 February verdict by the Bashkir Supreme Court banning the Church of Scientology in the republic, RIA-Novosti reported on 24 June, citing the Bashkir court. During the trial in the Bashkir court, prosecutor Florid Baikov said that the organization practices unlicensed educational and medical activities that "negatively affect the thinking and psychology of trainees" and "threatens public health." The Scientologists have been in Bashkortostan in 1994 and over 2,000 people have undergone training by them since then.
Radio Free Europe/Radio Liberty
Summary in French and English