A toA Special Message the P arliamentary Assembly’s COMMITTEE ON LEGAL AFFAIRS

FECRIS’s application for INGO status sent back by PACE Bureau Evidence of civil and penal convictions comes to Bureau’s attention.

penal convictions Europe's standards, conventions of FECRIS member and legal instruments in the mem- groups and individuals ber states, and assist in the imple- associated with them. mentation of these standards.'” Based on those convic- According to Professor Ben tions, the Bureau ques- Vermeulen, senior researcher at tioned the report rec- Utrecht University in the ommending approval Netherlands, “It is evident, that an by Rapporteur Mr organization which through its aims Dick Marty of the and purposes, or the means that it Council of Europe’s employs, acts in a way which is Committee on Legal inconsistent with these standards Affairs and Human should not be given INGO status. Rights. For instance, the fact that an organ- In conducting his ization uses '', a investigation into technique allegedly used by AIS/Pro FECRIS’ application, Juventud - a member group of Mr Marty FECRIS – which, according to the evidently did not have European Court of Human Rights available to him all in Ribera Blume v. Spain (14 the evidence regard- October 1999,), is a violation of Roger Ikor, extremist founder of FECRIS member group Article 5 of the European CCMM, called for “an end to all this balderdash, from ing the convictions, , but also from the great religions.” both civil and penal, Convention on Human Rights of FECRIS member (ECHR) in as far as the government he Bureau of the Council groups, nor additional evidence that is involved is a strong argument of Europe’s Parliamentary has come to light that strongly against allowing INGO status to TAssembly (PACE) has declined argues against consultative status such an organization. Such an to pass onto the Assembly an appli- being granted. organization acts against the spirit cation by the European Federation The past and current conduct of of the ECHR, and thus does not of Centres of Research and FECRIS and its member groups is live up to the aforementioned stan- Information on Sectarianism an important factor in assessing and dards.” (FECRIS) to be granted consulta- determining whether it qualifies for A secondary point is whether or not tive (now called “participatory”) sta- INGO status. Particularly relevant the individual and group convic- tus with the Council of Europe. is Resolution (2003)8, which lays tions and actions are simply the The Bureau’s refusal to forward the down the requisite conditions. result of a few individuals “going application is apparently based on Point 9.c of the Resolution states astray” or whether these convictions evidence that had come to their that INGOs undertake “to promote reflect FECRIS’ ethos. In that light, attention concerning many civil and the respect of the Council of Continued on page 6

FEBRUARY 2005 1 FRI – Swedish VIOLATING FECRIS group COUNCIL OF EUROPE STANDARDS

n September 2001, the Committee of Ministers of the ICouncil of Europe laid down the standards to be observed in its Replies to Recommendation 1412 and Recommendation 1396 (Docs. 9220 and 9215 adopted at the 765th meeting of the Ministers’ Deputies). The Committee stated that “govern- ments are under an obligation, in their dealings with such groups [of a religious, esoteric or spiritual nature], to remain in conformity not only with Article 9 but with all the provisions of the European Members of the Swedish FECRIS member group FRI. Convention on Human Rights and other relevant instruments protecting the dignity inherent to all human beings embers of the Swedish group doctor to examine Carl-Johan. This and their equal and inalienable rights. FRI have been involved in doctor concluded that was not suffer- This entails, inter alia, a duty to respect Mdeprogramming as recently as ing from any psychiatric condition. the principles of religious freedom and mid-2003. Some time between June After two months of wrongful impris- non-discrimination”. and August that year, an adult mem- onment, he was released. It is note- In accordance with this principle, the ber of a free Christian Church was worthy that FRI failed to counsel the Committee notes that: "legal measures incarcerated in a psychiatric hospital parents and the son to resolve their in this area should be applied vis-à-vis solely on the basis of his religious differences through dialogue and tol- illegal practices carried out in the name beliefs. FRI members Per and Gudrun erance – essential Council of Europe and by such groups, using ordinarily Swartling, along with deprogrammer principles – and instead condoned the available procedures of criminal and Pether Öhlén who has worked with unethical and improper detention of civil law (Paragraph 10 iii of the recom- FRI in the past, had been approached the young man on the basis of his reli- mendation).” by the family because of their con- gious beliefs. ■ “Freedom of thought, conscience cerns that Carl-Johen, their son, had and religion is of vital importance for joined a minority religious group. As the identity of believers and their con- Mr Olsen was unable to persuade the “FECRIS member group ception of life, but is also equally impor- son to leave his faith, it was arranged FRI failed to counsel the tant for atheists, agnostics, sceptics and that the young man be involuntarily parents and their son to the unconcerned; it includes the right to placed in a psychiatric institution. resolve their diferences hold or not to hold religious beliefs, to The “diagnosis” that formed the basis practice or not to practice a religion and for his committal was a contrived psy- through dialogue and toler- to change one’s religion or belief;” chiatric condition called "religious ance - essential Council “Religious pluralism is an inherent delusion". Mr. Ohlen was clearly of Europe principles - and feature of the notion of a democratic working closely with the doctors in instead condoned the society and thus a key reference for this institution as the son was at one unethical and improper determining whether or not a restriction point given the choice of a 50% detention of the young on religious freedom is acceptable under reduction in the drug that was being man on the basis of his paragraph 2 of Article 9 of the administered to him if he were to religious beliefs.” Convention; states are entitled to take cooperate with Mr. Ohlen. Eventually action within the law if it becomes clear it was arranged for an independent

2 FEBRUARY 2005 that a movement or association carries Gong. No group that has participated on, ostensibly in pursuit of religious in such a symposium or implicitly aims, activities which are harmful to supported and condoned the brutal the population and contrary to the and violent suppression of millions of law (cf. also, as regards abuse of rights, members of - one of the Article 17 of the Convention) but the great human rights tragedies of the last fundamental principles must be reli- few years – should be approved by the gious freedom and, in criminal law, Council of Europe. ■ the presumption of innocence;” “Where religious pluralism gives rise to religious divisions, with atten- dant tensions, the public authorities’ ACADEMIC response should not be to eliminate religious pluralism, but to strive to AND LEGAL ensure that the various groups respect Unlike United Nations rapporteurs each other." who have severely criticized the EXPERTISE “Distinctions based essentially on persecution of the Falun Gong in religion alone are not acceptable - and China, FECRIS has condoned it. that the freedom enshrined in Article Legal and human rights experts, 9 of the Convention is guaranteed not The current president of FECRIS theologians, sociologists and other only to citizens, but to all persons French member group UNADFI, academics that have researched the within the jurisdiction of the former MP , has field of religion have condemned the Contracting States.” admitted to meeting with the approach taken by FECRIS and its FECRIS and its member groups Chinese “leader of religious affairs” members groups – which represent the have failed to comply with these stan- regarding their treatment of “cults”. “anti- movement,” as it is generally dards and there is no reason to suppose Neither FECRIS, UNADFI or called. they will do so in the future. They do CCMM have ever criticized the per- In 1998, a Swedish government not quality for INGO status. secution; on the contrary, CCMM commission report “In Good Faith: attended a Chinese government sym- Society and the New Religious Movements” stated : “The main con- Condoning Brutalities posium intended to justify its perse- cution of Falun Gong, reproduced clusion drawn by the Swedish FECRIS member group CCMM in Chinese government propaganda Commission from several visits to has implicitly condoned the about Falun Gong and publicly organisations in other countries act- campaign of torture, death and persecu- announced that the Chinese wished ing within the sphere of new reli- tion of the Falun Gong by the Chinese to emulate the approach taken by gious movements is that nothing government. This is a campaign so CCMM against “sects” in France to should be done to augment disagree- destructive that the UN Special crack down on Falun Gong. ment between these movements and Rapporteurs on Torture, Summary The Talmudic truth “who can the rest of the community. On the Executions, Violence Against Women, protest an injustice but does not is an contrary, society should help to bring Religious Freedom and Freedom of accomplice to the act” directly applies about a dialogue between all parties Expression have published detailed to FECRIS complicity regarding concerned.” reports in 2004 documenting the cam- China’s abysmal treatment of Falun Internationally renowned scholars paign of persecution. such as Professor Mikael Rothstein from Copenhagen University and the late Dr. Bryan Wilson, Professor Emeritus of Oxford University, have agreed that “anti-cult groups” (which comprise the membership of FECRIS member groups) do not present an accurate picture of the groups they label “sects”. Such false portrayals have had devastating effects on the lives of individual members of tar- geted groups. ■ Meeting of the committee of Ministers of the Council of Europe  FEBRUARY 2005 3 How did FECRIS’s Application Get so Far? iven the record of civil and penal its own favored pitch. Some aim at the bliss even harder to resist afterwards. convictions of FECRIS member well-own, looking for funds (and per- ‘Education’s no protection,’ says Ggroups and individuals associated haps with political intentions as well). Danielle. ‘You can have as much educa- with them, we may ask, “How did Others go for those lower down the tion as you like, and still fall for the lure FECRIS’ application get as far as the social ladder. Their selling points? of the irrational and miracle solutions. Bureau of the Council of Europe?” And if educated people aren’t safe, then It is interesting to note that during the what about the others?’” time the Legal Affairs Committee report Given the record Ms Coin’s statements convey the same was compiled, the person in charge of biased and stereotyped image of minor- the Secretariat was a French lady named of civil and ity religious and spiritual movements Danielle Coin. that has been rejected as unscientific by Ms Coin has expressed her pro-FECRIS penal convic- experts in the field of religion. ■ sentiments well before this time. Indeed, as long ago as February 1, 1994, ADFI tions of FECRIS Sarthe wrote to their members that Ms Experts in Coin, at the time working in the member General Secretariat of the Council of the field of Europe, had encouraged FECRIS mem- ber group UNADFI to set up an NGO. groups, we Indeed, FECRIS itself reported that religion have Ms. Coin attended their April 1999 may ask how conference entitled, “First Large rejected biased European Meeting about Cultic FECRIS’s appli- Difficulties.” and stereotyped Then in a June 1997 article in the staff cation for INGO magazine, Council of Europe Journal, images of promoted both ADFI and FECRIS. status has gone Titled, “Stay Away from Sects”, the minority article contained a reference to Ms. as far as it has. Coin as follows: religious “Danielle Coin, who looks after the issue at the Committee on Legal Affairs They all promise happiness and self-ful- and spiritual and Human Rights, sees sects and their filment. Some stress self-knowledge and activities as a very real danger. Who do may offer personality tests. Free assess- they go for? Anyone – students, the job- ment of this kind is essential to hooking movements. less, the old, Council staff. Every sect has the unwary – and makes the promises of

MORE LAWSUITS: Six persons have filed suit to have UNADFI dissolved on the grounds that it is violating its statutes. FECRIS SUICIDE: Rumors so hounded therapist Dr. Yves Julien that he eventually committed suicide. On a March 21, 2001 French TV show, Vie Privée, MEMBER Vie Publique, the then president of UNADFI had admitted that ADFI GROUP did no investigation before its staff spread a rumor that Dr. Julien’s centre was a sect. Rumors led to a city regulatory agency closing down FACTS the doctor’s center, which had been known for saving lives. The doctor Continued on page 5 JANUARY 2005 4 FECRIS member LAWSUITS group CCMM DOG FECRIS obtained funds MEMBER from the Prime GROUPS WHILE Minister’s office TAXPAYER PAYS to purchase ECRIS is primarily a French Notwithstanding these funds, con- a new head- organization and receives more fronted by a lack of membership fees, Fthan 90% of its funds from the CCMM faced a financial crisis. Its quarters and French government. Its strongest administrative board report of support comes from its French February 9, 2002, reported “following member organizations, UNADFI a court mandate, a receiver was then sold the and CCMM. appointed to manage the CCMM Public records, however, show that association from June to October building to pay UNADFI and CCMM are not stable 2001.” The organization had been organizations. Although they have unable to pay its own staff. off its debts. soaked up several million taxpayer To solve the problem, CCMM francs to fuel campaigns of intoler- decided to sell its building – the very port for the association “Doctors ance, in the case of CCMM, the man- one purchased a year previously with without Frontiers” comes from pri- ner in which these funds have been 4.5 million francs from the Prime vate donations -- i.e. the reverse pro- obtained and used is highly question- Minister’s office. It also reduced its portion. The Reason? Unlike able. Both organizations face lawsuits staff -- including Ms. Casano-Vivien FECRIS member groups, Doctors that could force them into either herself, who sued CCMM for abu- Without Frontiers is perceived by bankruptcy or dissolution. sive dismissal and got 15,000 euros the private sector to provide a valu- In 2001, Patricia Casano-Vivien, then in damages. able and needed service that deserves president of CCMM, manoeuvred the CCMM may be reluctant to state support. underwriting of CCMM’s new head- publicly that Ms. Casano-Vivien, The current CCMM President, quarters by obtaining 4.5 million while its president, squandered more Daniel Groscolas, has stated in the Francs (686,000 euros) from the than 90,000 euros on refurbishing group’s newsletter “for several years, Prime Minister’s Office. At the time, her office. That these funds came the statutes of the association were Casano-Vivien’s husband, Alain from the French taxpayer is beyond not always respected, we are trying Vivien, occupied the position of question. CCMM’s balance sheet for to return to a legal way of operat- President of the Interministerial 2000 shows that the organization ing.” Mission to Fight Against Sects received 1,640,000 francs in subven- The situation facing UNADFI is not (MILS), located in the Prime tions compared to only 84,179 in much better. The organization is Minister’s office. Vivien resigned in membership fees, i.e. a rate of 95% currently under suit from 6 persons June 2002 and MILS was disbanded public funds to 5% private. on the grounds that it has violated later that year. As a comparison, 91.8% of the sup- its statutes. If the suit is successful, UNADFI faces dissolution. Continued from page 4 - More FECRIS Member Group Facts CCMM’s and UNADFI’s irresponsi- ble use of taxpayer money and the was devastated and eventually killed himself. unstable condition of the organiza- EXTREMISM: , head of the FECRIS member group St. tions is another reason why FECRIS Irenaeus of Lyon Center of Religious Research in Russia, includes even Mormons does not qualify to be granted in the “sect milieu”. According to Marat S. Shterin, a Senior research fellow at The State Library for Foreign Literature in , Dvorkin classified Mormons as INGO status by the Council of ■ “mafioso structures” and criminal organisations in a court case a few years ago. Europe.

FEBRUARY 2005 5 Council of Europe Should his militancy. In his book, I Lodge Deny INGO Status a Complaint, he wrote: The conviction of “If you admit that we have to fight Continued from page 1 them because they are harmful, then FECRIS member they have to be fought with determi- the dubious origin of many of nation, as one fights a dangerous groups and their FECRIS’ member groups indicates enemy on a battlefield, without letting that intolerance and demagoguery are an excess of scruples paralyse you with leaders include central to their activities. The French continuous wonderings about princi- FECRIS group, CCMM, was ples. The stake is too high to authorise those of two founded by Roger Ikor, an extremist weakness and indulgence. And the who detested religion generally and imperatives of this fight are to be FECRIS vice- once wrote, “If we listened to our- placed high enough in the hierarchy selves, we would put an end to all this of values, sometimes even above presidents. This balderdash, from cults, but also from respect of freedom. We are on the the great religions.” plane of actions, not thoughts only.” cannot be con- Ikor’s fulminations against what he CCMM’s extremist founder cannot be called “sects” provide a window into dismissed as an isolated aberration structed as within FECRIS. The Austrian FECRIS member group G.S.K. was founded by occasionally “If you admit that Friederike Valentin, a self-admitted admirer of Adolf Innerkofler, a notori- “going astray” we have to fight ous anti-Semite of the 1930s. In her but is endemic 1975 doctorate dissertation on them because they Innerkofler, she praised his "originality, to FECRIS groups. deep piety and his helpfulness [through are harmful, then which] he could win countless people On that basis, and impress them in a positive sense -- they have to be in the sense of pure action, embodied FECRIS does in everyday Christianity." fought with deter- In fact, Innerkofler was an anti-Semite not qualify entirely in tune with the Nazi era in mination, as one which he lived. Although Valentin for INGO status. claims that “Innerkofler always spoke fights a dangerous against the Jews, not for racist but for enemy on a battle- religious reasons,” a letter he wrote in The convictions of FECRIS member 1938 to Der Stuermer, the Nazi gov- groups and their leaders include field, without let- ernment’s mouthpiece, gives his posi- those of two Vice-Presidents of tion: “Since my youth and until today FECRIS itself. This cannot be con- ting an excess of I am a convinced anti-Semite and strued as occasionally “going astray” never miss a chance to speak against but is endemic to FECRIS groups. scruples paralyse the Jews in school, in lectures and in On this basis, FECRIS does not sermons. I am therefore happy that qualify for INGO status. ■ you with continu- finally the Jewish influence is much weaker today.” ous wonderings FECRIS, it is clear, stands for an intolerant and discriminatory ideol- Contact Information about principles.” ogy. Tolerance and dialogue are funda- mental to the structure and activities European Law Centre of the Council of Europe. FECRIS Atanas Krusteff Roger Ikor, CCMM groups have demonstrated beyond Vranya str. 46 doubt that they do not encompass 1233 Sofia Founder these principles and do not act in line Bulgaria with democratic standards when for- email: [email protected] warding their campaigns. 6 FEBRUARY 2005