Everybody seems to have been just hypnotized by a unique phrase in the Lyon appeal
Court sentence in July 97. (see the complete text here, partly translated -
2d part -- 3d Part)
Your advice will be very helpful.
Once again, Scientology and journalism have been fitting together! Scientology
has done quite a good job, a make believe as usual, because almost
nothing can be really interpreted like any part of a victory in Lyon
appeal Court, July 1997.
My mea Culpa!! I did not get the text of Lyon appeal before to-day,
therefore, I was unable to read it entirely and understand it as a
whole, otherwise, I would have electroshocked newspapers with the
For to day, I can't give you the complete text translated: it's more
than 40 pages long, this is around 25000 words; and quite difficult on
reverse translation: lots of legal considerations here, and hard to get
in some english/american concepts as I'm neither a specialist in legal
france or in legal US/england.
BUT! but "we", critics and others, were trapped into scieno's handlings or misunderstandings
from journalists, or perhaps, in their habit to get at the spectacular,
because having now read the text, i can say that it is not tender for
scientology, and could be even taken as more harsh than the 1978
sentence against Hubbard in France.
The only flop is in one phrase, where the judge did not give - from my
viewpoint - a really clear statement against scientology practices, though he was giving a large interpretation
of criminal acst committed under two scientology groups, the Org and the Mission of Lyon.
Explanations resumed, as far as i can.
The judge writes first a lot of considerations as why french courts
justice's judgements cannot in any way interfere on the sacred freedom
Then, he says
"Whereas it is vain, [from those considerations], to question the point
to know if the Eglise de Scientologie is a cult or a religion, the
belief's freedom being absolute; that as long as a religion could be
defined by the simultaneïty of those two items, one objective - the
existence of a community, even a small one - and one subjective, a
commune faith, the Scientology Church can claim the religious title and
develop in total freedom, inside the frame of existing laws, its
existing activities including missionaries' ones, or proselytism,
Whereas nevertheless the religious freedom is complete, it is allowed to
- that some individuals are using a religious doctrine, in itself licit,
to reach financial or commercial aims in order to fraud others - those
others being bona fide ;
- that a regularly constituted church could, in some cases, hide a
financial or commercial enterprise;
- that the practice or exercise of a cult [worship, nt] can lead to
fraudulous manoeuvres from some members of that religion;
- that the measure of those manoeuvres through a religious practice does
not implicate a value's judgement on the doctrines professed by that
faith, but only applies to the legality [precisely, the french word used
is licéité, coming from licit, nt] of the methods used;
Whereas it is needed to apply those principles to the subject submitted
under this Court,..."
Then the Court's judgement can be seen a really different way. It's
nothing very different of the sentence pronounced in the "district"
court (I mean, the Tribunal de Grande Instance); it's allowing for
procedural reasons , the release of a lot of scienos sentenced before on
the suit, but does not allow any, if you read attentively, of the
despicable/illegal methods used by Hubbard and followers to entrap
people in the fraud and make them pay enormous sums for null results if
So, if I had to change some points in that precise phrase, i could
"(Whereas//////....scientology church , as well as could a lot of others
beliefs, including communism, freudism, those exemples being not limits
neither specially choosen, but serving here to illustrate the fact that
the French state and Justice cannot interfere in beliefs , could
revendicate the religious title, inside the frame of existing
If you read it like this, it's far more understandable regarding the
fact that judge cannot interfere with the beliefs or faiths in France,
but can very well insist on the legality of pratices regarding laws.
The second point I would like to see changed as well in the judgement is
far more difficult to prove inside french legal mechanisms, because it
is the fact that Patrice Vic died - and other people were victimized and
defrauded in the Lyon affair - not only because they were illegalities
inside Lyon Mission and especially, from Jean-Jacques MAZIER, but as
well, those same illegalities were performed simultaneously in every
other french -and foreign- orgs, where Patrice Vic had also some
contacts, like in lectures given, by the various publications and issues
coming from Paris org, (French Freedom etc), or from foreign countries,
like "The Auditor", "Source" "Advance" "Keeping Scientology Working" and
more, each one of those issues assisting Jean Jacques MAZIER and other
persons found guilty in Lyon, to entrap Patrice VIC and others.
Therefore, I'd had tried to make those points of "alter-ego" very neatly
defined here (like they were in the last recent suit in LA Superior
Court(french only here, english text can
be found at :FACTNET, where Larry Wollersheim won the fact that Scientology
'entities' should be considered as "alter-egos" of the defunct Church of
Sciuentology of California.)
This way, not only the few people more or less directly responsible from that
scieno death and those frauds could be sued, but as well, main
scientology execs, like was done in Paris 1978 Jugement (Hubbard sentenced then to
4 years jail and amends).
I'll attack this way and try to get something done... but being in no
way related to the first affair and appeal, i cannot be sure i could
help in the following steps in justice. In no case can I do anything for
CASSATION court, where that judgement should be on hearing soon - no
dates fixed yet.
I'll get the complete text soon on my page, but at least 10 days are
necessary, or more, because some others are translated simultaneously and i'm rather busy those days.