(english comments here)
Traduction partielle (seuls quelques passages les plus marquants seront traduits). Voici un résumé
en attendant.
Résumé: la scientologie avait ouvert un centre de dianétique au
Bashkortostan, république faisant partie de la Fédération de Russie.
La secte avait déclaré son centre de profit en "Organisation Sociale". Les premiers
juges l'avaient condamné pour exrecice illégale de médecine et activités éducatives,
ainsi que pour mise en danger de l'équilibre psychologique de la clientèle, etc, et ont décidé
de la liquidation du centre.
La Cour Suprème de la République du Bashkortostan a maintenu la condamnation: c'est la décision
ci-dessous. La secte a évidemment une fois encore fait appel: la Cour Suprème de la Fédération
de Russie a confirmé et maintenu le ban de la secte dans la république de Bashkortostan.
Ce jugement présente plusieurs aspects intéressants: si jusqu'ici, la secte avait réussi à
berner les tribunaux russes, en particulier au moyen de ses faux témoignages (les témoignages semblent
avoir beaucoup d'impact devant les tribunaux russes), elle n'a pas réussi à pratiquer son habituelle
défense "Nous disons tout et son contraire".
Explication: la scientologie a pénétré dans cette république fédérale
russe en tant qu'organisme social (et non en "religion"), elle y vendait:
1/ des procédés pseudo-médicaux - procédure de "purification"
2/ ses modèles pseudo-psychothérapuetiques "l' audition"
3/ des cours (enseignement, éducation)
donc, trois services soumis directement à autorisation/licence officielle. Le premier (purif) est de
la médecine + pharmacie illicites, et ce"service" avait été spécifiquement
interdit par le Ministre de la Santé Russe il y a quelques années. Le second constitue de la psychiatrie/psychologie/psychothérapie
illicite, et le troisième, de l'éducation illicites dans la fédération.
Nous avons ici un schéma du genre de celui qui a fait tomber Al Capone: les Incorruptibles n'ont pas
réussi à l'avoir pour alcool clandestin? Qu'à cela ne tienne, ils l'ont eu au tournant pour
fraude fiscale!
Autres aspects du jugement:
-la secte a une fois encore poussé le bouchon jusqu'en cour suprème, puis en cour suprème
fédérale. Cette solution ne lui a pas plus réussi que les autres fois.
- Les juges ont demandé l'avis de nombreux experts, dont des psychiatres. Les enseignements serviront
donc ailleurs pour confirmer les dangers de la secte et de ses procédés. Ces experts ont clairement
fait entendre que l'audition provoquait des dérangements mentaux, et pouvait potentialiser des problèmes
préexistants.
- les avocats de la secte ont tenté de prétendre que la scientologie ne faisait pas d'éducation,
ni de thérapie -- mais les juges ont su lire les brochures commerciales de leurs centres de profit, et ont
condamné les documents en question, rappelant au passage que la propagande pour de tels services "curatifs"
était interdite s'ils n'avaient pas été testés scientifiquement.
- le tribunal a rejeté les témoins de la secte, sous des prétextes intéressants:
l'un avoir reçu de l'argent en tant que conseiller de la secte, d'autres pour être membres du centre
/ pas opposés à Hubbard. Sans le savoir, les juges repoussaient ainsi directement les faux témoignages
et les mensonges sous serment des scientologues. Les juges indiquent plusieurs fois que leurs arguments scientologues
"ne sont pas convaincants" - voire, qu'ils mentent.
==
English comments
Since it is so lengthy, I recommend neverthless to read it entirely and to observe that many experts have spoken
and made expertises, including psychiatrists.
Besides, this decision speaks of other past decisions of russian courts that we have never had translated here,
as far as I know, though it seems that their description is really interesting.
Lots of parts show that dianetics has tried to demonstrate they were not medical - and not educative.
Other parts speak of people having worsened by dianetics and then cured by MDs, or of conditions worsened by Dn.
A passage speaks of discrimination against employees by a WISE company "Orlenok" (not unlike the case
of these US dentists firing their non-scientologists employees (US dentist Villareal, to quote one who was recently
quoted in Pasadena Weekly article). That company was also bankrupt because of all the expenses done to pay scam
cult "courses".
Another paragraph speaks of desastrous impact of the cult on families.
Many time, the court speaks euphemistically or directly of lies by the scientology witnesses (euphemistically,
it says "The court found unconvincing"... and directly, it says "the courts finds insincere [scientologists
allegations]"
Another explains that the pruif is forbidden by the Health Ministry since 1996, but that these people lie to practice
it.
The cult is clearly condemned for illegal medicine practice. It seems that this is one the very first time it has
been - and up to a Supreme Court (Republic) and a second "Supremer" one (the federal).
Now read a short part:
"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."
Does'nt that look quite similar to United States against MS Hubbard et al, or to the rulings against hubbardites
in Lyon?
The scientologists have used their usual attorneys, the russian G.A. Krylova (representative as of 10 Jan. 2004)
(and later E.Kh. Korzikova (representative as of 10 Jan. 2004).
(In which Scientology lawyers argue that Dianetics is neither educational nor cures anything.)
On the liquidation of the "Dianetics" Center
in Republic of Bashkortostan
Decision
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.
On educational activity
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:
the application of Hubbardian technology of teaching, improving the ability of pupils and students to perceive
and attain knowledge, learning by practice, and facilitating their social adaptation after graduating an educational
institution;
application of the Dianetic method for teaching management;
educational scientific-research activities in the area of humanitarian science and education;
the organization of seminars, symposiums, exhibitions;
training specialists in the area of Dianetics" (p.p. 2.1, 2.2, 2.3 of Charter, l.d. 8-15).
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 defendant’s 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 defendant’s 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 defendant’s 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 defendant’s
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 defendant’s 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 defendant’s 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 defendant’s 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 defendant’s 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:
educational activity in the form of a single lecture, report, seminar and other forms of education that are not
accompanied by summary attestation and the delivery of documents on education and/or qualifications;
individual work activity in the area of professional training.
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.
On medical activity
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 defendant’s 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 defendant’s 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 defendant’s 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 defendant’s 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 defendant’s 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 defendant’s 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 psychotherapeutic 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 defendant’s 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 defendant’s 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 defendant’s 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.
http://www.rferl.org/reports/tb-daily-report/2004/06/0-280604.asp
Radio Free Europe/Radio Liberty
June 2004
--------------------------------------------------------------------------------
return
