What's new

ECHR rejects Scientology's complaint about comments by Belgian authorities

mnql1

Patron Meritorious
European Court of Human Rights
Press Release issued by the Registrar of the Court

ECHR 266 (2013)
19.09.2013

An application from the Church of Scientology complaining about
public comments by the Belgian authorities on an investigation
concerning it has been rejected


In its decision in the case of Asbl Eglise de Scientologie v. Belgium (application no. 43075/08) the
European Court of Human Rights has unanimously declared the application inadmissible. The
decision is final.

The case concerns a complaint by the Church of Scientology, a non-profit association, that
statements to the media by the Belgian authorities about an investigation concerning it constituted
a violation of its right to have a fair hearing and to be presumed innocent.

The Court reiterated that it had to ascertain whether proceedings were fair in their entirety. As there
had not yet been any final judgment by the Belgian courts on the relevant “charge”, the part of the
application concerning an alleged violation of the right to a fair hearing was premature and
therefore had to be dismissed. In addition, given that the sole evidence submitted by the applicant
association consisted of press articles, the Court took the view that the content of the remarks
allegedly made by the authorities could not be attributed to them with certainty. It had not been
shown that by informing the public about the inquiries in progress the authorities had breached the
duty of discretion required of them by the principle of the presumption of innocence.

Link to a pdf file containing the full ECHR press release:
http://hudoc.echr.coe.int/webservices/content/pdf/003-4500343-5427291

The complaint was lodged with the ECHR on August 5, 2008 and the decision is dated August 27, 2013. The decision is only available in French.
 
Last edited:

mnql1

Patron Meritorious
Excerpts from an English article on the website of RAPSI (Russian Agency for Legal and Judicial Information):
ECHR turns down Church of Scientology’s claim against Belgium
ECHR turns down Church of Scientology’s claim against Belgium
© RIA Novosti
18:58 19/09/2013

MOSCOW, September 19 (RAPSI) - The European Court of Human Rights (ECHR) declared inadmissible an application filed by the Church of Scientology claiming that the Belgian authorities had breached the church’s rights by issuing statements to the media on a pending investigation.
[...]
In August 2008, the applicant turned to the ECHR, claiming that its rights under Article 6 of the European Convention on Human Rights (Convention) had been violated. According to the statement: “Relying on Article 6 § 1 the Church of Scientology complained of a violation by the prosecution of its right to a fair hearing, alleging that prosecutors had publicly giving their opinion on charges against it before the submissions for the prosecution had been made at the stage of the finalising of the pretrial proceedings.”
[...]
As explained in the court’s statement: “There had been no audio or video recording of those statements, nor had they been transcribed in documents emanating from the authorities in question, such as procedural documents or official press releases. The only evidence produced by the applicant association consisted of press articles for which the relevant journalists were solely responsible, and it was highly possible that those articles did not accurately reflect the nuances of the remarks in question.” The ECHR added that the evidence had not demonstrated that the authorities had breached their duty of discretion.
 
Last edited:

AnonyMary

Formerly Fooled - Finally Free
Excellent news. Here is some background info on what is going on in Belgium

Belgium: Two Scientology fraud cases under investigation
Translation of a French article posted on Feb. 3, 2012 on the website of weekly Belgian magazine Le Vif/L'Express:
Scientologie: deux affaires toujours en cours d'instruction en Belgique
http://www.forum.exscn.net/showthre...o-Scientology-fraud-cases-under-investigation


Belgium Prosecuting Scientology as a Criminal Organization [UPDATED]
http://tonyortega.org/2012/12/28/belgium-prosecuting-scientology-as-a-criminal-organization/
 

Albion

Patron with Honors
I did a quick write-up last night for Tony at The Underground Bunker, which I expect he'll post later today.

I'll try and work up something a little longer to post at Infinite Complacency.

Jonny
 

secretiveoldfag

Silver Meritorious Patron
I picked up from somewhere the idea that the Belgians believe the outcome of their on-going case against Scientology, though legally limited to Belgium, will have a knock-on effect in other EC countries. I think because if it is illegal to practice Scientology in Belgium it is illegal everywhere.

Does anyone have a clearer view of this?
 
Top