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Scientology church appeals French fraud conviction

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Fri, 04 Nov 2011 2:37p.m.

Spokeswoman for the Church of Scientology, Danielle Gounord, speaks to the media in Paris (Reuters)

Spokeswoman for the Church of Scientology, Danielle Gounord, speaks to the media in Paris (Reuters)

By Ingrid Rousseau

Lawyers for the Church of Scientology have asked a French court to throw out the group's fraud conviction because they say the investigation and trial in the decades-old case had taken too long.

The defence submitted the argument to a Paris appeals court, which is reviewing the 2009 conviction of the church's French branch, its bookstore and six of its leaders. The group was accused of pressuring members into paying large sums for questionable remedies and using "commercial harassment" against recruits.

The group and bookstore were fined €600,000. Four leaders were given suspended sentences of between 10 months and two years. Two others were fined.

While Scientology is recognised as a religion in the US, Sweden and Spain, it is not considered one under French law.

In the original complaint, a young woman said she took out loans and spent the equivalent of €21,000 on books, courses and "purification packages" after being recruited in 1998. When she sought reimbursement and to leave the group, its leadership refused to allow either. She was among three eventual plaintiffs.

In that trial, prosecutors had tried to get the group disbanded in France and fined €2 million. But the court declined, in the end, to even take the lesser step of shutting down its operations, saying that French Scientologists would have continued their activities anyway "outside any legal framework".

The appeals court is not expected to rule before next week on whether the defendant's right to a trial within a "reasonable time period" was violated. If the court decides that it was, the case will be refereed to another court, which will have three months to consider the question.

If the court decides not to refer the case, the defence plans to argue that the verdict violates the church's freedom of religion and association.

The Los Angeles-based Church of Scientology, founded in 1954 by science fiction writer L. Ron Hubbard, teaches that technology can expand the mind and help solve problems. It claims 10 million members around the world, including celebrity devotees Tom Cruise and John Travolta.

AP

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29 Dec 2011 04:17p.m.

Rita wrote:

Scientology is officially recognized as a religion by the European Court of Human Rights In 2009, however, the Paris Correctional Court issued a decision which ignored the Church's status. The case began in 1998 with a complaint by a former member and after 8 years of investigation, the prosecutor had ruled that no charges should be brought against the Church and requested that the matter be dismissed. Instead in 2006, the court succumbed to pressure from anti-religious extremists inside the French government and the case went forward. The Inter-Ministerial Mission to Fight Against Sectarian Abuses (MIVILUDES)is a body under the French Prime Minister responsible for monitoring and suppressing minority faiths. They act as a thought police, attempting to dictate what French citizens should believe. They also directly lobby government and the judiciary in how to deal with sectarian groups. Recently the Direction of Criminal Affairs and Pardons of the French Ministry of Justice distributed to magistrates a bulletin giving them instructions on how to deal with cases involving religious minorities. The bulletin prejudges issues that could come up in court and instructs magistrates to work in partnership with UNADFI, a private anti-religious group who work in close association with MIVILUDES. UNADFI are a civil party in the pending case against the Church of Scientology, and the Criminal Affairs bulletin undermines the right of the Church to a fair trial. Hence the Church has taken this matter to the United Nations. The French Government has received direct complaints from outside its borders concerning the repressive measures they are taking against religious minorities. Both the US Congress and the Organization for Security and Cooperation in Europe have sent long submissions calling for dissolution of the MIVILUDES group. Scientology holds that everyone has the right to practice their own faith and has won many legal victories upholding religious freedom.