Controversial Law against Sects
Paris fighting against "Mental Manipulation"
Paris, France
June 24, 2000
Basler Zeitung
by Rudolf Balmer
Paris On Thursday, France's National Assembly decided upon an anti-sect
law without a dissenting vote. If the French representatives get what they
want, "mental manipulation" of sect victims will be added as a
misdemeanor in the criminal code. The National Assembly has long been involved
with the fight against sects which do business with gullible innocents under the
cloak of religious freedom, which infiltrate institutions and, especially,
influence weak citizens with occasionally morbid ideas. As a result of the
shock of the collective suicide of members of the Order of the Sun Temple, the
delegates have already produced a list of sects which would have to be
categorized as a threat to society. Legal handling has previously almost
always been lacking in the fight against the sect nuisance.
Information is not good enough
Since 1996 the justice department has initiated 280 court proceedings, most of
them based on complaints by former sect members, a hundred of them were dropped
without a trial, convictions resulted in only 48 cases - mostly for deception,
fraud or illegal practice of medicine. The government also has the opinion that,
in view of the often very tightly organized and well-financed sects, preventive
information alone is not sufficient. But their legislative proposal has now
been strengthened so much by the representatives in many respects, that the
proposal has little chance of getting the vote even in the conservative Senate.
Scientologists sounding the alarm
The discussion involves the definition of the new crime of "mental
manipulation." "Who decides which organization is using repeated,
heavy pressure upon a person so as to make a profit from physical or moral
dependency?" asked, for example, the sect delegation of the French Bishop's
Conference. Other representatives of the major denominations also voiced
similar objections. The government would like to get the opinion of the
consultative Human Rights Commission in the debate before the Senate. The law
also says that organizations revealed to be sects will not be permitted to open
- similar to sex shops - branches in the direct vicinity of schools, retirement
homes and hospitals. A spokeswoman for the Scientologists, who see themselves,
probably not completely by accident, as being targeted by the anti-sect law,
stated, "If this law is passed, then democracy in France is over."
Judgment may Boomerang
Basel, Switzerland
October 23, 1999
Tages-Anzeiger
In a surprising turn of events, two Scientologists have been exonerated in a
legal proceeding in Basel. The judgment, however, could turn out to be a
boomerang.
by Hugo Stamm, Basel
The new law in Basel-City Canton which prohibits deceptive advertising on public
land has not passed its baptism by fire. The solitary judge in the Basel
Criminal Court exonerated two Scientologists on formal grounds. They had
repeatedly accosted pedestrians in an aggressive manner and were fined 500
franks, which they then appealed.
But the Scientologists will have to accept the exoneration with a grain of salt.
In the basis of his judgment, the judge stated that the distribution of
personality tests by Scientologists is part of a comprehensive sales strategy,
which makes it commercial activity. The goal of their operation consists of
selling astronomically expensive course and materials, as the one accused had
demonstrated. He had stated that he had paid out about 15,000 franks [over
$10,000] for such "religious services."
Because of that, the judge did not rate the advertising as an idealist or
religious activity, but as commercial. Therefore the new law could not be
applied; the Scientologists have to be charged for unfair [commercial]
competition. But because the sect is using everything it has to look like a
church, the exoneration may hurt more than help. Now their advertising can be
assessed as commercial activity, and the "missionaries" have to count
on being prosecuted for unfair competition, which carries heavier penalties.
Scientologists may now be charged everywhere
The judge came to his decision mainly for official reasons. In his
complaint, the accuser had not been precise enough in the the facts of the
matter as required by law; he had not listed deceptive and unfair advertising on
his specifications, instead these arguments first appeared at the hearings.
Because of this, the defense criticized that the principle of bringing charges
had been violated because he had not been able to prepare for the new
accusations. The judge agreed with him and stated that the law was not
applicable in the case. But he indicated that the Scientologists would have had
to reckon with conviction if they would have been charged with unfair
competition. This means that now sect members may be charged all over
Switzerland, not just in Basel.
Fight against the fear business
Sect Expert Hugo Stamm:
Portrait of an untiring "preacher"
Basel, Switzerland
August 13, 1999
Bieler Tagblatt
For events like the solar eclipse or the change of the millennium,
self-proclaimed prophets strongly stoke the fires of world doom. During these
times sect expert Hugo Stamm is particularly sought after. Who is this preacher
against the "soul-trappers"?
Elsbeth Tobler
Basel public high school. Hugo Stamm heads toward the auditorium with
fast steps, a skateboard - "his bicycle" - under his arm. The man's in
a hurry. Always. The 50 year old is a sect expert and a sought-after speaker.
On the theme of the Apocalypse he talks about concepts addressing the end of the
world in sects, churches and cults. Hugo Stamm has charisma and is something of
a go-getter. He articulates with a pregnant voice, engaged, tough and
unyielding. The advice which he wants to give: "Protect yourselves from
the 'soul-trappers'." For almost 25 years the "Tages-Anzeiger"
newspaper editor has fought against self-proclaimed gurus of every flavor. His
book which appeared in Fall 1998, "Under the Spell of the Apocalypse,"
and numerous media articles have given him great publicity. When he put his
message on posters for "Passugger" mineral water though, he himself
dealt with accusations of acting as a seducer. Stamm doesn't see it that way, "If
it has to do with prevention and I can reach a wide audience, I don't feel too
sorry about that."
Deficiencies in Society
Sect, cults and new religious movements are currently experiencing a dangerous
prosperity. There are about 1,000 groups and sub-groups in Switzerland; it is
said to be somewhat more in Germany. Stamm places responsibility for many
people being driven into the arms of prophets of salvation on a "deficiency
in common sense, security and orientation." "In these times of radical
pluralism, we are no longer capable of recognizing indoctrination mechanisms to
find our own way between false gurus and groups. Tradition, the faith of our
parents and society no longer contribute adequate values." On top of that
the upcoming turn of the millennium, wars and natural catastrophes are
interpreted as signs of impending world doom. "Behind the prophecies,
though, are mostly the entirely personal needs of the prophets."
Hope instead of Fear
Nobody knows the future, but everybody talks about it. Apocalyptic pictures
are, thanks to not least of all the Old and the New Testaments, deeply steeped
in occidental consciousness. According to the Revelations of John, hail and
fire "mixed with blood" will fall to the earth, stars will fall from
the firmament, people who seek but not find death will be set upon by scorpions.
That is the fertile ground for the Apocalyptics of all times - along with the
visions of the end of time by star prophet Nostradamus from the 16th century. "It
becomes dangerous," said Stamm, "when the associated, irrational fear
is intentionally used for indoctrination."
On August 11 of this year - as the metaphors of astrologer and physician Karl IX
are interpreted by gurus - the "Terror King" of heaven is supposed to
rise and cause something catastrophic. A rare constellation of planets has
warmed up the speculation and there will also be an eclipse of the sun that day.
"The event was - without the apocalyptic background - a beautiful
spectacle of nature in the heavens and impressively contradicted the oracle,"
said Stamm, and he hopes that it gives courage to people insecure about the turn
of the millennium. Stamm also sees the turn of the millennium as a "sign
of departure and the chance to form the world in a more human way."
Moreover, the Scythian monk, Dionysius Exiguus (approx. 497-545 A.D.) had erred
in the revision of the Christian reckoning of time. Jesus was not born in the
year 1, but six or seven years earlier. Turn of the millennium? It is already
long past!
Freedom and Tolerance
It was not entirely coincidental that Hugo Stamm advanced to a sought-after sect
expert from being a former philosophy student and graduate of teaching seminars.
Brought up in his Catholic parents' house in Schaffhausen, Stamm had early been
sensitized to religious and humanistic importances. In doing that he did not
cling to one faith. "With our consciousness we are not able to grasp only
approximate cosmic dimensions," believes Hugo Stamm. For him, tolerance
and freedom are essential. "That is why I am disturbed when people fall
into a system of dependency. Most of the time with fatal consequences: the rule
is material exploitation, fear to the point of seeking death and addictive
tendencies."
In 1974 Stamm graduated editor's unpaid training at the "Tages-Anzeiger,"
later became editor, and continues to work for the newspaper, even if no longer
as a full-time job. He never anticipated the avalanche which began in the
1970s when he began to track various youth and psycho sects, primarily
Scientology. After the report on the Scientologists he was flooded with mail,
including many letters of thanks from parents. Shortly thereafter he established
himself as an author with the book "Scientology - Souls in Stranglehold"
and numerous published articles. Hugo Stamm also appeared in public for lectures
and continuing education seminars - and found himself the object of criticism as
a result. His opponents were presenting him, in turn, as a guru and a figure of
power. He vehemently defended himself, "I do not proscribe for anybody what
they have to think and to do." As far as he was concerned he was only
warning others of missing events and showing connections. He said he was
investigating neither world views nor models of thought.
The Patty Schnyder "case"
The supermarket of obscure groups is blooming. From former sect members and
their relatives, Hugo Stamm learns what is goes on behind the facades of
doomsday sects and cults like "Solar Templists" and "Aum,"
in Apocalyptic new revelations groups like "Universal Life" or "Fiat
Lux," which ideologies and visions are being pursued by esoteric or
theosophical movements, New Age circles as well as neo-Pagan and new religious
tides. For these people he is an important partner in discussion. Carefully,
Stamm analyzes with those affected the ways which have led them into dependency
and develops a counter-strategy with them. He sees his main work, though, as
supporting the social environment of those who believe in sects. "Above
anything else parents and relatives must learn how to deal with the situation
without getting entangled up with it themselves."
A prominent example of his involvement are Patty Schnyder, the tennis player,
and her parents. A few months ago Patty had fallen into the clutches of the
controversial healer, Rainer Harnecker, from whom she has since dissociated
herself. "What was destructive was that Harnecker had wanted to destroy
everything that Patty Schnyder had built in the previous years." She will
have to digest this experience in her life a little bit at a time. "A
person can only look at as much as he is able to." Patty Schnyder will
probably not get around to psychological care, Stamm cautiously presumes.
However this segment of her life - as a so-called border experience - could also
contribute positively to her personal history when Patty is ready to
consistently work everything out.
Experiences from the often painful lives of people affected are found in Stamm's
books. He supports his work with numerous original documents from former sect
members and with information from other observers on the international scene.
However, he himself has not yet been baptized in the name of his own research.
"They all know me already," he says laconically. "At certain
public events I am tolerated only reluctantly" [literally: "with the
gnashing of teeth" - trans.].
Murder Threats
Although Hugo Stamm will soon have 25 years insight into the indoctrination
mechanisms, it is still incomprehensible to him today that the pressure inside
the groups can build up to collective suicide and the state is powerless. One
example he gives is the doomsday massacre of the "Heaven's Gate" sect
in 1997. "Near San Diego in California, 38 deluded disciples took their
own lives with poison. They died in the belief that a spaceship was waiting for
them in the tail of the Hale-Bopp comet which was coming to pick them up. By
their beds were found travel bags with Nike shoes, five dollar bills and tooth
paste."
"When it comes to justice and information I don't mince words," said
Stamm. Anybody who positions himself as a critic against the sect leaders,
though, should not be timid. Stamm has reported of anonymous murder threats, of
being shadowed round the clock, of libel in the form of leaflets, of
rock-throwing, of feces sent to him at home and naturally of countless legal
processes. "After one presentation I was even beaten up." That did
not intimidate him, just the opposite. "Repression stimulates my creative
ability." Neither does Stamm think about retreat. "Without the
annoyances it would be unbearable for me and my environment."
Private by nature
Hugo Stamm would rather not talk about his private life. He avoid parties; one
looks for him in vain in the gossip hang-outs. "Popularity and life are a
symptom of my involvement." When he was in his early 20s, he was told that
he would "calm down." The prediction, however, has not come true. He
continues to be driven by "fire and temperament." His creed goes "heart
on the side of the weak, politically progressive, personally straight, critical
of self and independent." For that reason he does not believe in media
appearances or hefty honoraria. He would rather do his counselling free of
charge. But the psychic annoyances, seven-day weeks, office hours often into
the night - after a vacation a couple of weeks ago he had 200 e-mails to answer
-, expensive research: Hugo Stamm cannot just hide all that away. To compensate
for his nerve-wracking work he goes biking and jogging or takes a vacation with
his companion, preferably on the beach. That is where the wind and waves inspire
him, with his surf board and his skateboard, "and where I have the
necessary drive to work on my new book," he sums up, grinning.
Stamm's Books
Today, Hugo Stamm is among the most renowned sect experts in Europe. He has
published several books on the theme [in German], among them: "Scientology.
Soul in a Stranglehold" (1982, Gegenverlang), "VPM. The Soul Trap"
(1993, Werdverlang), "Sects. In the Spell of Passion and Power" (1995,
Kreuzverlag), "In the Spell of the Apocalypse" (1998, Pendo Verlag).
His next book is to appear in the coming year. Stamm does not want to reveal
anything else about it. In 1996, Hugo Stamm was given the Award for Civil
Courage by the Christian Business Association. Hugo Stamm's work offers
extensive information and analyses into the problems of sects. For people who
have been affected by sects, Stamm's books can be of useful argumentation and
immediate assistance.
Police tighten up control in Steinen suburbs
Basel, Switzerland
July 7, 1999
Basler Zeitung
Control is being stepped up in the Steinen suburbs for the purpose of
implementing the law against deceptive or unfair advertising. AM.
How will the police react now? That is the cardinal question after the Federal
Court's judgment that prohibiting deceptive or unfair methods of advertising on
public land is to be regarded as compatible with the Constitution. The answer:
on the one side the police are intensifying controls in the Steinen suburbs, on
the other side they are waiting on the basis of judgment as well as court
decisions pertaining to real cases.
vks. "I hope that the police will now react and tell people to be on their
way." Rolf Fuhrer, President of the Steinen Community Association spoke
frankly last Wednesday, after the Federal Court judged as constitutional the new
entry in the Basel City criminal code violations which makes deceptive or unfair
methods of advertising on public land a punishable offense, thereby dismissing
an official complaint by the Scientology organization and one of its members
(see BaZ of July 1, 1999). The new criminal code, which passed the Great Council
in September 1998 without major debate and with only four votes against it, did
not explicitly mention Scientology, but was primarily directed at that
organization, which makes its presence particularly known in the Steinen
suburbs.
"Nothing will change" in Practice
No one is more interested in the reaction by the police than the Basel criminal
investigation officials who have been waiting on the decision from Lausanne and
have, as a result, interpreted their mission in a reserved manner. On top of
that, Scientology included in its opinion of the federal court judgment that "nothing
would change" in the practice of its organization in Basel. It was
completely agreed that the act of proselytizing could be carried out in a manner
which was neither unfair, deceptive or annoying; its members were said to have
been long ago instructed in this respect.
Waiting on the courts
The cardinal question after the federal court's judgment was answered for "Baz"
[this newspaper] by Herbet Maritz, Provisional Representative of the Police
Commandant: his statements can be summarized by saying that the police, on one
side "will intensify control operations" - out of tactical
consideration for the police, no detailed information is available -, but on the
other side he would not like to speak too hastily as the written basis of
decision and actual individual court cases are outstanding.
The guidelines followed by the police in the Steinen suburbs now say that no
more than two people may advertise at the same time, as the Commandant
Representative mentioned. Otherwise an order to disperse will be given. If
someone is annoyed by the advertising, then a citation will result. And herein
lies the problem of the open-ended text of the law, which Maritz states is "no
simple application." "What does 'annoy' mean?" In their vote,
the seven federal judges of the First Public-Legal Department gave to understand
that there would still be some problem associated with the application of the
code.
"Not all that much help"
Because of this Maritz described the chosen wording of the new code as "not
all that much help." From the police perspective the criminal standard
needs to be better worded, however he is very well aware of the fact that
government and parliament were reserved in their legislation on legal grounds.
Accordingly the police hope for the written basis of the federal court's
decision and an actual court case for orientation purposes as soon as possible.
Before such a court decision occurs it makes little sense, said Maritz, to
extensively interpret the law because that could increase the chances for
acquittal and have a prejudicial effect on the first court decision.
Two cases in the Criminal Court
The police may not have to wait on the court cases much longer: there are two
cases, which originated in the period before the federal court's judgment, which
are already in the Basel Criminal Court. Since last Wednesday, according to the
police, there have been no further citations, nor have any dispersements been
ordered.
At BaZ's question as to whether the police, in view of the much-discussed,
self-admitted lack of personnel in the police and justice departments, as well
as other factors which are currently in effect (Ocalan, Kleinbasel or gas
chamber), would be able to seriously enforce the code , the Commandant
Representative unmistakably stated, "That is a question of setting
priorities. We cannot perform miracles, but we have the opinion that we will
now have to enforce this code as well as we can."
Downtown Business Association squares off with Scientology
From: "BaZ - Basler Zeitung"
Wednesday, December 2, 1998
Charges of unfair methods of advertisement on public land have been brought
against Scientologists. "IG Steinen," [a district business
association in Basel] wants the criminal law to be enforced.
gs. The IG Steinen wants to see the law against "unfair or deceptive
methods," which went into effect last week, enforced. The new law is
directed, ipso facto against the Scientology organization, even though
it is not explicitly mentioned in the text of the law (see BaZ of Nov. 19).
In a letter to the Canton police on November 25, the IG Steinen asked that "the
Scientologists be directed off the street" "daily, so that we can to
conduct our business in peace without having our customers continually and
repeatedly accosted in front of our shops." Many customers stay away from
the Steinen district because of the Scientologists. The letter was signed by 35
people, a regular "Who's who" of the Steinen district, even if it does
not contain every possible name and business. According to Rolf Fuhrer, the
President of the IG Steinen, the discussion is about what to do next.
Scientologists have actually been charged, shop owners have told the BaZ.
Herbert Maritz, Acting Commandant of the Canton Police, told the BaZ that he had
not (yet) seen the letter by the IG Steinen. He would have to line up a plan -
together with Department Director Jörg Schild - to deal with "Scientology
doctrine." The situation is not exactly going to be simple for the police.
The interrogations of the witnesses about being bothered by unfair advertising
in relation to the charges made need to be conducted. By itself, a charge leads
only to one man's word against another's before the court. The validity of the
facts of the matter still need to be proven by due process. In talking with
reporters, Maritz brought up the fact that it would be not be pretty if
individual Scientologists received fines - and subsequently the federal court in
Lausanne decided in favor of the grievance against the public law. So far, the
highest court in Switzerland has denied "only" Scientology's
application to postpone the effective date of the law. Maritz hopes for a quick
decision by the federal court, that would simplify matters greatly. André
Steffen, the press spokesman for Scientology Basel, thinks that the law is "not
applicable": "We are not deceptive because we carry written signs.
Anybody who doesn't want to know about us can continue with no problem, because
we aren't bothersome, either." All-purpose fines will be contested.
http://www.baz.ch/basel-stadt/welcome_main.html#41100
The Law Should only prevent abuse
From: Basler Zeitung
September 8, 1998
The proposed law which would punish importunate methods of recruitment on public
land is one of the items of business which occupy a central point of interest in
the September session. "The restriction should only prevent the abuse,"
argued Susanne Haller (SP).
vks. Proposal "8838" of the state assembly is on the agenda
for the September session of the great assembly. Hiding behind this
insignificant number is a legislative proposal which has already been in the
limelight of publicity repeatedly since its inception (see BaZ of July 10 and
September 1). On the surface, it concerns a new resolution which would make
importunate recruitment methods on Basel public land a punishable offense.
Despite the fact the the administration's proposal does not mention the word "Scientology"
a single time, it is directed predominately at this organization.
A unique proceeding world wide
In order to be able to oppose the controversial recruitment methods of
Scientology and similar organizations the administration is now recommending a
supplement to canton punishable violations by the great council. The new
punishment will apply to "those who bother passers-by on public land in an
importunate method." The police are to receive authority "to direct
recruiters away from individual or general locations, if their making contact
with passers-by presents an importunate annoyance or when there are indications
that illicit, particularly deceptive or otherwise vile methods are being used in
recruitment."
In his opinion of the matter, Jurg Stettler, the speaker of the Swiss
Scientologists, told BaZ [this newspaper] that the resolution of the
administrative council would be unique world wide, and that freedom of religion
and speech of individual citizens would be restricted.
He even mentioned that a press release of the organization stated that the
proposed legislation would open the "door to arbitrariness by the state and
by the police," and that state repression in Basel was being used to
prevent social discussion. The trigger which brought the state into this
generally delicate legislative situation was a motion by Susanne Haller (SP)
from 1996. The motion was widely supported; at the time it was signed by 70
members of Parliament from all parties.
"The restriction of undesirable practices on public land is only supposed
to prevent their abuse," argued Susanne Haller in a meeting with BaZ [this
newspaper]. The new law is the result of an intensive legislative process of
the last two years. The resolution was constructed so that neither freedom of
speech nor freedom of belief, and not even freedom of trade or advertisement are
being violated; it is compatible with Basic Law, as has been mentioned by
Justice Director Hans Martin Tschudi. The member of the Basel great council
pointed out in her text that the new resolution would permit both the aids
information booths and the distribution of the unemployment newspaper as it had
before. "And," continued Haller, "the form of state which first
made it possible for Scientology to operate was our democracy. Their
organization is being left alone."
No Application by the Administration
The thing that is interesting to the administration about proposal "8838"
is not just the novelty of the legislation, but also that the executive waived
the application to Parliament. A majority of the seven administrative members
were all of the view that neither the resolution worked out by the Justice
Department nor the police means were suitable to handle the problems which are
brought about in connection with sects. This seemed to be more of a problem
suffered by all of society. Haller commented on this process to the BaZ [this
newspaper] that it would be no problem for parliament whether the administrative
council recommended a business for application or not: "The Great Council
legitimizes it, and not the administration."
Because the new law against sect recruitment is listed in 23rd place on the
agenda without commission advisement before the plenum, and in view of the
important business in a heavy September session, it may be predicted that the
bill will not come up during the first session tomorrow, September 9, but during
the session continuation of September 16. The chances that it will be approved
by a parliamentary majority, Haller estimates, are good. The reactions of the
council members with whom she has been in contact appear to be "quite
clearly positive."
Susanne Haller can at least be assured of the support of her own party, the
Social Democrats. "The SP faction and unions are unanimous when it comes
to consumer protection from recruitment on public property!" stated a
communiqué which was handed to the editorial staff yesterday. The Great
Council could now send a political signal by passing the bill. For years, the
laws have been more and more in favor of protection of the population of Basel.
http://www.baz.ch/basel-stadt/welcome_main.html#27829
Scientology Report
From: "Basler Zeitung"
September 1, 1998
(from left to right)
Federal Police Chief Urs von Daeniken,
KSK
President Andreas Huber and sect
specialist Jean-François Mayer
yesterday at the presentation of the
Scientology report
Foto Ruben
Sprich/Reuters
Scientology: totalitarian, but not a target of state security
by Daniel Gerny
The massacre at Waco or the mass suicides of the Solar Templers are
examples of sect episodes which have made headlines. In 1996, an ad hoc work
group was commissioned in which Scientology was categorized as particularly
dangerous. The report has now been presented - and downplays the dangers for
the state.
Berne. In Basel, the Scientologists, as it appears on some Saturday
afternoons, are omnipresent: the sect aggressively recruits new members on
Barfuesser Place and elsewhere with the help of so-called "personality
tests." Several passers-by are annoyed by acquisition methods of this sort
so that they want to proceed against Scientology with the help of the
legislature: there is currently a proposed law on the floor in the canton of
Basel City which would prohibit importunate recruitment methods - so far, this
type of proposal is one of a kind in Switzerland.
Are the Scientologists a danger for state and society? Should the political
police take the sect into their purview? A federal work group under the
direction of Urs von Daeniken, Chief of the Federal Police researched this
issue, and came to the following conclusion: "That there are no tangible
references at hand which show that Scientology is trying to intrude into the
Swiss state structure speaks for the postponement of preventive police
surveillance." Nevertheless numerous members are under enormous pressure
to attain new services, devices and books, and the organization exhibits a
totalitarian structure, but "the authorities and consumer protection
agencies will devote their attention to these aspects; they do not fall with the
in the the legal purview of the state security organ."
The approximately 130 page report contains large sections of previously known
observations about the existence and structure of the sect as well as about the
founder, Ron Hubbard, but few precise numbers or statements about the spread of
Scientology in Switzerland. That has to do with the fact that the report is
based on publicly available sources and the work group had no special
investigative police authority. The number of active Scientologists, it said,
was placed by most sources, at "under 4,000" because it was not
possible "to come up with an exact figure." In any case, the
organization does not find itself in an upswing at the moment. In Basel, the
growth appears "not to correspond with the expectations of Scientology."
Also, the presence of Scientology has not changed measurably in the course of
the past few years.
More recent literature from Scientology also exists in Switzerland which proves
the intention to take over control of society. An excerpt from a Scientology
document states, "Switzerland is the first cleared country on this planet.
Switzerland is the country in which Scientology and LRH technology can bloom and
thrive in all areas of life." The work group, under the direction of Urs
von Daeniken judged these kind of documents to contain little threat. The
report stated, "In Scientology, the ideal of a [here and now] cleared
nation appears to belong more to a repertoire of themes to promote enthusiasm.
The fact that Scientology operates using intelligence service methods was the
source of most concern. Even though public proof was missing in this area,
observations by various people who were questioned led to the conclusion that
Scientology was conducting operations "of a continuing nature to inform
themselves of their environment." In that manner, the organization
proceeds as an intelligence service.
Nevertheless, the activities never reached "the point of an actual strategy
for the takeover of power," but were more of a means for self-defense by
the use of ideologically colored precepts. In any case, that is still not
acceptable, but is not enough to have the sect put under surveillance by the
political police. It can be presumed from various statements at the press
conference yesterday that the 'fiche' affair was also cause for a certain amount
of reservation in this area [an affair which symbolizes to the Swiss people the
error of putting citizens under surveillance].
The work group and the Consulting State Security Commission (KSK) still
recommended that the situation be re-evaluated after a certain period of time
based on publicly accessible information, especially the observations of other
European nations.
Besides that, an observation center should be commissioned at an institute of
higher learning to gather information about the development of sects in
Switzerland.
Daniel Gerny
"Interesting Development"
Basel. vks. The report "Scientology in Switzerland" described the
efforts of the Canton of Basel City in regard to sects as an "interesting
development." In July, the Basel administration was able to make a new
proposal: at a media conference, which aroused a great deal of interest, Justice
Minister Hans Martin Tschudi presented proposed legislation meant to close the
door on the controversial recruitment methods of Scientology and similar
organizations. The proposed resolution would entail a change to the criminal
code (see BaZ of July 10).
It is proposed that punishment be an option for "anyone who harasses
passers-by on public land by importunate methods of recruitment." The
police would have the authority "to generally direct recruiters away from
individual locations if their contact with passers-by presents an obtrusive
annoyance, or if there are signs that the recruitment is illicit, in particular
if deceptive or otherwise vile methods are being used." As easy as the
wording of the proposed legislation is to read, there is no mention of the word
"Scientology." The legislation is, nevertheless, aimed primarily at
this organization. The new Basel law against sect recruitment, which is
scheduled to go before the September session of the Greater Assembly (Sept. 9
and 16), goes back to 1996 and a proposal by the Social Democrat, Susanne
Haller. The motion was signed by no less than 70 members of all parties in
Parliament, which is an indication that the proposal may be well received in the
Greater Assembly.
Hugo Stamm
Sect Specialist Hugo Stamm:
"The Influence is enormous"
The BaZ [this newspaper] spoke with Hugo Stamm, sect expert and editor at the "Tages-Anzeiger."
He says it is right that the federal police are not being used on Scientology.
BaZ: Mr. Stamm, what do you think of the Scientology report?
Hugo Stamm: On the positive side: the federal government has made a
decision as to how to deal with sects, and Scientology exhibits a totalitarian
tendency and uses intelligence agency methods. These signals have previously
been absent. However, the report, in all, has too moderate of an effect and
does not do justice to the actual menace.
How dangerous do you think Scientology is?
The real danger is actually not very high. This is not because the authorities
are undertaking anything, but because the media points out and explains where
Scientology tries to gain influence. However, the potential for danger is
gigantic: Scientology derides democracy, draws their adherents into dependency,
and wants to spread their totalitarian system upon the world. Scientology is
striving for total power, and if that would not have been recognized in a timely
manner, their area of influence would today be gigantic. The authorities failed
to get this point across.
What needs to be done now?
I am not for setting the federal police on Scientology. Existing, legal
alternatives must be used to restrict the radius of operation for Scientology.
Health law would offer a way of dealing with Scientology when they distribute
vitamin B preparations for the "purification rundown" or when they
endanger the mental or bodily health of their members in other ways. Besides
that, the operating and sales methods of Scientology have to be examined for
violations of the UWG.
What do you think of the law which is being worked up in Basel?
It is urgently necessary and right. Scientology must be prevented from taking
in pedestrians with questionable tricks or sales speeches. The long road this
law has taken also shows how difficult it is for the authorities to do this.
And how are things going for Scientology world wide?
Scientology is stagnating in regards to number of members. What is decisive,
however, is the huge financial power which stands behind the organization.
Because of that, their influence is enormous.
Does this group show the most threat?
The deciding factor for me is what happens with the members. That is where
Scientology has the most absolute and dangerous system. Nevertheless, members
of other groups can also experience serious dependency or a change of personal
judgment. For this reason, focusing only upon Scientology is, in my eyes, a
delicate matter.
gy
Street Advertising for Scientology in Germany
Closely Observed in Germany
Germany is having Scientology "observed" by state security
because the sect is ranked as "totalitarian" and anti-constitutional.
That has led to a grotesque dispute with the USA.
Bonn. The Federal Republic of Germany (80 million inhabitants) and the
Scientology sect (10,000 - 30,000 members in Germany) are having a public
relations war which has been bordering on madness for the past few years. The
sect has held protest demonstrations in Frankfurt and Berlin, and they have
placed full-page newspaper advertisements which place Germany in the same
context as that of National Socialism - signed by the upper echelon of American
cultural celebrities (Gore Vidal, Costa-Gavras, Dustin Hoffman). The German
administration has - a great rarity - permitted their disagreement in the matter
to be expressed to Washington, in particular, after they were branded a violator
of religious freedom in an official UN report, and were targeted in a proposed
motion for censure by the US Congress. This was dismissed last year. Since
then the theme has fallen into the background, although a new resolution has
been introduced in Congress.
A cause for the Scientologist's anger is their "surveillance" by
German state security, which had been voted upon last year by the Interior
Ministries of the states. Since then the organization is officially suspected
of acting in opposition to the principle of German basic law. "Surveillance"
means no restrictions of freedom. However, state security systematically
evaluates material accumulated on Scientology, and it hires informants to use
classic espionage techniques upon the sect and its members. As early as 1995,
the Federal Labor Court had designated the appearance of Scientology as a church
as a "pretext" for commercial interests whose practices were
categorized as "humanly contemptible." Since then the German officials
have been hard on the heels of the "psycho-business" (state security
jargon) with the tax laws, the commercial police and the labor laws.
Scientologists may not be members of the major parties, and in Bavaria, the
civil service must affirm under oath that they have nothing to do with the
organization. In contrast to that, Scientology has propelled itself to tax
exemption and the status of a "church" in the USA.
The "surveillance" is officially of a fixed duration. The states'
Interior Ministries want an extension to be decided this coming November on the
basis of a "state of affairs report." Individual states have already
signalled a willingness to extend. The security reports originating from
Bavaria and Baden-Wurttemberg "confirm" the assumption that
Scientology is anti-constitutional. Interior Minister Schauble from
Baden-Wurttemberg has already spoken in favor of an extension of the
surveillance this past spring. A report made by Hamburg state security about
the Scientology secret service (Office of Special Affairs) described this
service as the department which installs the "totalitarian goals and
strategies" of the organization.
The state security agents have had some success, along with the risk. The
Hamburg report and also the security report recently released from Munich have
announced a fortunate stemming of the opposition. The surveillance has "perceptibly
affected", wrote the Hamburg agency. Sales are going "constantly
down." The number of people departing have "never been so high as
they are now," and the number of members is said to be significantly under
10,000. The Hamburg agency states that Scientology is "further from their
goals now than ever." There appears to be some discussion among the
security agencies as to what Scientology has up its sleeve. Hamburg believes
there will be a a call for instigation ("massive struggle") from Los
Angeles. On the other hand, Munich sees Scientology "intentionally
appearing to withdraw from Germany for tactical reasons."
A Parliamentary commission on "sects and psycho-groups" which
presented its final report this summer requested the surveillance of Scientology
by state security. The Green Party does not agree with this request. The
commission categorized the majority of the approximately 150 communities as
harmless, but called for more consumer protection for the spiritual assistance
market. The commission proposed a law on "life administration help."
Johann Aeschlimann
Not Just Against Scientology
From: "Tages-Anzeiger"
July 10, 1998
The Swiss city of Basel wants a law to prevent aggressive recruitment methods
such as those used by Scientology
by Felix Maise, Basel
For years the city of Basel has been one of the preferred hunting grounds of the
controversial Scientology sect. Many passers-by feel harassed by the sect's
obtrusive recruitment methods. These methods would be restricted by a new
ordinance proposed by Basel's Planning Commissioner, Hans-Martin Tschudi, at
the behest of Susanne Haller, SP senior council member and Scientology critic.
"Anybody who molests passers-by with obtrusive recruitment methods will
receive a fine; repeat offenders will do time. The police will be instructed to
direct recruiters away from specific or general locations when their contact
with passers-by presents obtrusive harassment, or when there is evidence of
recruitment methods being used which are illegal, deceptive, or otherwise
sordid," states the proposal. "Scientology" is not mentioned.
This is not intended to be a "Scientology law," but a type of
ordinance for the public good, stated Tschudi. The goal is to prevent the
ballooning of sect recruitment methods, and not to prohibit any category or to
create punitive standards to fight undesired consequences of the activities of
sects, as the Canton of Geneva has proposed (TA from yesterday).
The proposal is supposed to be a sensible compromise between the necessities of
a constitutional state and the interests of protecting the populace from
obtrusive recruitment methods, according to Tschudi. It maintains perspective
and does not restrict normal functions of a democracy such as information
campaigns or political activities. It is only the unnecessary degree of
annoyance which is prohibited. "Our new standard is well within the limits
of what our liberal constitutional fundamentals permit," comments Tschudi.
The sect problem will not be solved solely with laws. An extensive information
campaign is even more important. Tshudi thinks that it would be better still if
the problem were addressed at the federal level. The Business Review Commission
of the National Council is working on a related report, related Urs Eschmann,
co-founder and former President of the Zurich sect advisory center "Info-Sekta."
A general prohibition on Scientology, as is being considered in Zurich, is held
to be counter-productive. Sects would only use that to present themselves as
martyrs.
Copyright: TA-Media AG
http://www.tages-anzeiger.ch/980710/42652.HTM
Daily Commentary
From: "Basler Zeitung"
July 10, 1998
Against Their Own Will
by Valentin Kressler
The Basel administration has - against their own will - chosen a promising
middle road in its fight against the controversial recruitment methods of sects.
The media had an enormous interest in yesterday's press conference held by
Justice Minister Hans Martin Tschudi. The information room at 16 Rheinsprung
was filled to the last place. No surprise there. State commissioner Tschudi
(finally) presented the legal measures proposed to be taken by the Greater
Council against the recruitment methods of Scientology and similar
organizations. A legal foundation in this area is new ground on a national, if
not an international, level.
The administrative council has decided to take the middle road. The canton can
now say that it is in the realm of criminal law, and that excessive recruitment
methods can be prohibited on public ground. The executive had to walk the
straight and narrow path between the valued legal principles of the
organizations concerned and justifiably protecting the interests of the public
at large. This may be the reason that the attorneys in Tschudi's department
have been working on the documents for over one and a half years.
The limitation of basic rights is associated with a whole series of exigencies.
First, a legal foundation is required. Second, it must be in the public
interest, third, allowances must be made for proportionality. Fourth, the core
content of basic law must remain the same. The federal court and, especially,
the European Human Rights Commission in Strassburg have repeatedly shown that
they assign an extremely high measure of importance to the protection of basic
law.
Whether the proposed legislation will stand up to a complaint before the court
will not be seen until the first case is tried. At first glance, it appears
that the legal groundwork will stand a good chance in any case. A few
unforeseen circumstances may still arise that determine whether the prescribed
laws will be put into effect or not. What was interesting at the press
conference was the circumstance that the administrative council was of the
opinion that that the proposal is not suited to solve the problems which are
associated with sects. They were more inclined to call it a commercial
phenomenon which would be better approached by means of an information campaign
for parents, schools, churches and [political] parties. The opposing view is
that information about the mechanisms of sects is more important today than
ever, yet it is still not enough. The current proposed legislation is a modern
variant, whose preventive effectiveness is not to be underestimated.
Ursula Caberta in Switzerland
http://www.sonntagszeitung.ch/sz11/54896.HTM
Sunday News (Switzerland)
March 15, 1998
"In Swiss areas of commerce the necessary common sense is not yet there."
A German sect expert warns of the influence of Scientology
by Peter Knechtli
Basel - Switzerland needs an agency which specializes in Scientology. This is
what the official Hamburg sect specialist, Ursula Caberta, recommends. On
Thursday she took part in a scheduled discussion in Basel.
Mrs. Caberta, to what degree has Switzerland been infiltrated by
Scientology?
Ursula Caberta:
In Switzerland the discussion about Scientology has progressed
considerably, so that many people know what lies behind this organization.
However I imagine that in areas of commerce the necessary common sense is still
not there.
The commercial elite as a bastion of Scientology?
Caberta: In Germany nobody paid attention in the beginning to what was
really happening in commerce with Scientology. Also in Switzerland, at least
this is my impression, this awareness has not yet properly taken effect. In the
meantime in Germany commerce has become very alert, but that does not mean that
the problems they've had have been solved.
In the city of Basel there is now a proposed legal ban of recruitment by
psycho-sects on public property. Do you think that is a good solution?
Caberta: I have my problems with the ban. You cannot ban freedom
of speech. But there ought to be a way to use existing laws consistently. I
would interpret the political intention so that the Scientologists would not be
able to recruit in an annoying manner any more.
Scientology claims it is a religion and not a commercial enterprise.
Caberta: Whoever presents Scientology as a religion or a church is throwing
smoke bombs. The claim to religion is only camouflage for a dangerous,
extremist ideology. Scientology is a new form of political extremism.
What should the Swiss officials be doing?
Caberta: The state has been called upon, and I can only recommend, that
state agencies occupy themselves intensely with the subject. The solution
cannot be left up to private initiative and private people. The deciding
judicial process will be won by the state and not by the people. It must be
made clear to the governmental administration that this is not some kind of a
game. We educated the people in Hamburg. For example, auditors had to learn
when they were dealing with a company which belonged to Scientology.
You publicly use plain language with a frankness which can not be
imagined in Switzerland.
Caberta: In Germany there is a mandate which I am carrying out, also in
Hamburg. But we are active nationwide, and all German states have joined us in
our work. I can only make the most urgent appeal to the responsible Swiss
authorities to establish similar agencies in the Swiss cantons or cities.
Does your example serve as a lesson for other German states?
Caberta: Yes, there is a good exchange between administrative planes up to
and including the federal government; Bavaria and Hamburg especially are working
closely together here. A decision such as the one by the Secretaries of the
Interior Conference about the surveillance of Scientology by the Office of
Constitutional Protection could not come about without cooperation with the
other German states.
Are you under pressure?
Caberta: I am not under pressure [per se], but of course something is is
always going on, from private detectives following one about to murder threats.
That's not always funny, but one comes to expect it if one assumes such a job
[as I have].
Do you have bodyguards?
Caberta: No, for heaven's sake! Besides, if anything happens to me
everybody's going to know who it was.