From: Tony Bosnakoudis Date: Sat, 28 Feb 1998 23:54:48 -0200 (GMT+2) Subject: Greek Appeals Court verdict $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ Number 10.493/1997 ATHENS COURT OF APPEALS 2nd Department ......... ......... ......... Before this point there are only procedural details and information on who represented whom, who made legal interventions and what laws are used for the verdict. It was published in December 19, 1997. ============================================================ 10th sheet of the 10493/1997 verdict of the Athens Appeals Court (front side) -------------- However, during its operation and almost from its start, it [KEPHE] deviated from its goals and was aiming at goals who were irrelevant and completely strange to those. Specifically, from a large number of documents (over 83) found at its offices (200 Patission str), after an administrative and managerial control, according to the 599/12.1.1996 order from the Athens Nomarch [Prefectural Governor], which are attached to the 3.7.1996 Findings Report of the Committee by Andreas Skartsilas, Konstantina Valyraki, Mihail Lambadakis and Dimitrios Antonopoulos, the conclusion is that it [KEPHE] is not self-existent, in terms of self-sufficiency and independence, but it is a branch of the International Organization called "Scientology" which is headquartered in Denmark (Copenhagen) and America (Los Angeles). This organization appears in some countries as religion (Church of Scientology) and in Greece as "Centre of Applied Philosophy of Greece" (KEPHE). It does not have single direction and related goals throughout the world. In order to enjoy the benefits of "religion" (such as currency and taxation benefits), as well as for having constitutional protection, it also appears under the cover of religious movement, while its goals are different and mainly economic. 11th sheet of the 10493/1997 verdict of the Athens Appeals Court (front and back side) .. .. .. In relation to the appellant association KEPHE, it operates under the cover of philosophic association and according to an explicit admission of its Board of Directors President it does not have religious nature, and in its letter dated 8.6.1995 to the Holy Synod of the [Greek Orthodox] Church of Greece, it explicitly mentions that it is not a religion. These were until the above mentioned year (1995) and eversince it started, completely arbitrarily and contrary to its statutes, saying that it is "religion", in order to appear as being persecuted because of the religious beliefs of its members and thus have the equivalent constitutional protection. However, something similar is not included in the slightest degree in its statutes and specifically in article 2, which refers to its purposes. Its real action and activity, however, is completely contrary to its founding purpose. The association [KEPHE] professes the theories of Scientology founder L. Ron Hubbard, whose goal, but also central nucleus, is power and money, as himself (L. Ron Hubbard) mentions: Being able to control a man makes you able to control many and noone could be a professional Scientologist, unless he could control another individual (THE AUDITOR, issue 234, page 2). In his article "HOMO NOVIS" he says, that the powerful will survive, only the ruthless can conquer ... (he means the Universe). The overall spirit of Hubbard's theories is generally expressed in the "Code of Honor", which is the nucleus of the Scientologist's relation with the organization. This Code is composed of fifteen (15) articles and every member must apply it faithfuly. The member is supervised on that by the so called "Ethics Officers", who are in close cooperation with the "Office of Special Affairs", whose, must be noted, activity even today remains undetermined. Beyond these there also the so called "Ethics Courts" (see the 4.7.1995 Sea Organization document) sending individuals to Scientology centres abroad, in order to train them in delivering justice according to Scientology principles. According to Scientology, ethic and just is what contributes to the expansion and dissemination of its theories, as well as anything not against it. Any reaction or 12th sheet of the 10493/1997 verdict of the Athens Appeals Court (front and back side) opposition towards it is considered as potential trouble source (case of Dora Apostolopoulou), having need of "handling". For anything negative towards the overall theory and realization of Scientology's goals, the "dead agenting" policy is activated, meaning the corrosion of reputation and attack in order to sag reactions. Moreover, anyone, for any reason, leaving the Association [KEPHE] on the one hand face the annoying and persistent telephone disturbances of those in charge, to return back (as in the case of Stylianos Mystakidis) and on the other hand are characterized as "enemies" being in "state of treason". This practice followed by the appellant, definitely lifts any meaning of individual freedom, in terms of the (free) expression of the individual's opinion, as well as the constitutionaly guaranted freedom of association (article 12 of the Constitution), which [freedom] (must be noted) also includes the negative right of association, that is the (right) of not participating to an association, by exercising pressure to the members leaving the association to return back. The candidate members, to which the Association in question is addressing, are mainly people of young age, psychologically sensitive, in order to be inducted without reservations and objections for its activity and the realization of its goals. Individuals who expressed questions on those, have been driven out as unwanted (such as Markos Kapiris and Tony Bosnakoudis, the latter also because of being a journalist). Every candidate member fills the so called "Oxford test", which is a personality test with two hundred (200) questions, which accesses, generally, communications problems of the individual, resulting in becoming necessary the individual's further contact with the association and following, with a fee, the necessary cources and seminars to improve his personality, as well his relations. The seminars and cources delivered (with a fee) are the "auditing", the "book seminr", "postulate" and others. In order for the member to follow any program or seminar, as well as any related to his training, it must necessarily, and without that being covered by the statutes, give the necessary amount of money, which in some cases, as this results from the given receipts, is high. Before completing the "Oxford test", the 13th sheet of the 10493/1997 verdict of the Athens Appeals Court (front and back side) people in charge (of the association), detecting that some individuals are just about in the "limits of logic" and, consequently, there is danger to, possibly, commit suicide, they persuade them to sign a statement according to law 1599/1986, with which the relieve the appellant and its associates from any responsibilty, for the state (physical, mental, emotional) they are or possibly will be in their life, because nobody in KEPHE promised release from the idea of suicide or any kind of therapy. Then, the members sign contracts for working without pay or insurance for a five year period, while some of them are sent abroad for further training (especially in Denmark in the special facilities in Copenhagen) and when returning, they offer their services to the Association. In the final stage the members, in order to improve their standing, are sent to Los Angeles (USA), where the base of the World Church of Scientology is located (numbering about ten million members worldwide until last year) [this is not to be misunderstood as accepting Scientology as religion. It only mentions it with one of the names it is known, since in other parts it explicitly states it is not a religion. Also the seven million number was mentioned because nobody questioned that number in court. It was taken after only what KEPHE stated, it was not examined] and sign a contract for offering services in some cases even for one billion years (see relevant contracts). Characteristic is the case of Manolis Grigorakis, who was sent to Los Angeles, where he stayed for three (3) years, working without pay and then was sent back after an intense reaction of his parents for not putting the Association itself into danger. Furthermore, the basic methods followed in the first stages are "auditing" and the "purification process". As far as "auditing" is concerned it is a psychotherapeutic technique applying the dianetics procedures, which dianetics is psychotherapy, that is a form of confesion, so that the individual can be discharged from past acts, which are a burden for him. As resulting from the 14.5.1992 out of court complain of Konstantinos Masouris against KEPHE, it is offered, for a fee, from persons who have no special scientific training, being enough to have auditor training and knowing Hubbard's theories. The purpose of this (psychotherapeutic) technique is to improve the life of the individual in many levels. The individual is subjected to questioning for his personal life as well for his close environment's, while files are kept about this information that the member cannot see and know (along with the information), because this, according to appellant's allegations may have negative results to his progress. The 14th sheet of the 10493/1997 verdict of the Athens Appeals Court (front and back side) danger in this specific procedure is oted by the former President of the Athens Medical Association Mr. Giannakis Mihail, neurologist, in his 17.4.1996 sworn testimony. He mentions that if it is about an association whose purpose is the psychomental access of the individual, even if it is not entering the area of central science, as it [KEPHE] alleges, it is oblidged to operateunder specific principles and standards for the protection of those who entrust it. Therefore, it has a basic obligation to select those coming to it, because individuals with psychiatric and psychological problems, as well as with limited intellectual abilities, are comimg to it, who need special care for their disadvantage and it is possible to be "deregulated" by these procedures. One such case is the one of Iason Theophilis, former member of the appellant, for which his brother in his 23.6.1995 sworn testimony, mentions that while attending, payed, courses, he started having psychiatric problems, because, according to his opinion, of his contact with KEPHE, since never before his brother had had such problems and there was not hereditary burden from any member of his family. Moreover, the psychologist Mantis Nikolaos coments as unacceptable the association's approach methods with the personality tests and "auditing", which being a psychological intervention, believes is a work that falls in the competence of professional psychologist. With respect to the other method which, as said before, is followed in the first stages at the appellant, that is the one of "purification", it aims at the spiritual rising of the individual and is performed on individuals who have read the book titled "Purification Process in Images". During this, vitamins are given in large quantities, without, however, any prior medical examination and approval for receiving those vitamins, while on the other hand, the participant in this process, before its start, signs "aggreement and contract releasing from responsibility", where the member states that it participates willingly and with full knowledge of the existing potential danger, thus undertaking any risk of injure, loss or destruction. It must also be exposed that during this procedure, Athina Athanasouli has suffered physical injury for which members of the appelant association's board of directors were accused, but with a decision by the Council of Magitrates, these actions have been declared prescribed [it is important here to know that they were not found innocent, but because she delayed over five years to file suit, these actions could not be trialed. It is the law here that after five years such actions are not brought in Court]. Both above methods are absolutely arbitrary and 15th sheet of the 10493/1997 verdict of the Athens Appeals Court (front and back side) primarily illegal, the illegality consisted in failing to take protection as well as preventitive measures, since according to the above mentioned, elements of danger are involved for the health of the individuals. Besides, this is also the result from the aggreement document itself for releasing KEPHE from any responsibility. Furthermore, and independently from these two methods, Anthony Bosnakoudis, former member of the appellant association, was persuaded top participate in another procedure, to "postulate", that is to imagine situations, where he would act according to the Code of Honor, a kind of self-imposition, which cultivates a habit of acting according to the directions of the Code of Honor. From the same above mentioned documentative material, it was fully proven, that the participation in the association results to personality change for the member, in his behaviour towards others and especially in his relations with his family, which sometimes are completely cut because of the latter's oppposition towards Scientology, abandoning their studies and complete dedication to the association. Characteristic example for this case is the one of Dora Apostolopoulou, daughter of Maria and Andreas Apostolopoulou, appelles in the present trial and additionally intervening in the first degree in favour of the Athens Prefect, who, as resulting from her parents' testimonies, abandoned her job and her home from the moment she got involved with the association and after exhausting her money, she was continously asking for economic assistance from her parents. Then, an important personality change has been detected in her, with intense aggressiveness towards her parents, while the Office of Special Affairs was directing her for her parents' "handling" (way of facing). Similar cases of young people, who abandoned their studies eversince they got involved with the association and personality change as well as hostility in their family environment was detected, are charged by Mihail Grigorakis, Vasiliki Grigoraki, Krystalia Samiotaki, Sofia Tragoudi, Antonios Mystakidis and Panagiotis Kouliabis. After all these and ineluctable logical necessity, excluding the possibility of any other interpretation, it was fully proven that the appellant is an organization with totalitarian structures and trends, essentially despising man, while acting freely only in appearance in order and exclusively to attract members who 16th sheet of the 10493/1997 verdict of the Athens Appeals Court (front and back side) then are subjected, with all the above mentioned processes and theories, brainwash, with outmost purpose the creation of directable way of thinking as well as limiting objections (basic positions of the theories of Scientology's founder),so that we are in front of beings without wll, who have lost the ability of decision making as a result of their free will, since they have already passed through all stages of Scientology teaching and with the appropriate further processing become receptive to the "truths" it applies, without, however, having motives to examine and evaluate. Before all these, the appellant is not legitimized in any case to speak of violation of rights both of religious freedom, since it appears with its statutes exclusively as philosophic association, as well as of freedom of expression, which is one of the necessary foundations of a democratic society, one of the primary conditions of everyone's progress and well being (see the founding decision of the European Court of the Rights of Man ated 7.12.1976 published by Eur. Court Righ. Man A' vol.30 (1979) page 4, see also S. Paterakis, the financial compensation due to moral damage, pages 114, 115, 201...), because the protection of these two constitutional guarranted freedoms is under the evident limitation of not violating the rights of others, such as those of health, which the appellant violates through its activity and operation. .... .... .... 18th sheet of the 10493/1997 verdict of the Athens Appeals Court (front and back side) Before all above, fully proven, on the one hand its purpose turned into for-profit from non-profit and on the other hand its operation became illegal, the application is accepted in essence too and the association must be liquidated. Therefore, the First Degree Court, who with its verdict under appeall, decided the same, even partially on different reasons, replaced with the present (article 534 KPolD), has not fallen into any offence both in terms of application and interpretation of the before mentioned essential laws, as well as in terms of essential accessment of the proofs that were presented. Therefore, the remaining reasons for appealling, consequentlu the appeall in its entirety, together with the additional interventions in its favour, must be rejected as essentially baseless. ...... ...... ...... [signed (President)] [signed (Secretary)] ========================================================================