Scientology status by country: Difference between revisions

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"Germany needs to be protected, the German Government and the German leadership need to be protected from this wild charge made by the Church of Scientology in the U.S.... We reject this campaign. It is most unfair to Germany and to Germans in general."<ref>[http://www.germany.info/relaunch/info/archives/background/scientology.html German Embassy in Washington, D.C.: Scientology and Germany: Understanding the German View of Scientology]</ref>
"Germany needs to be protected, the German Government and the German leadership need to be protected from this wild charge made by the Church of Scientology in the U.S.... We reject this campaign. It is most unfair to Germany and to Germans in general."<ref>[http://www.germany.info/relaunch/info/archives/background/scientology.html German Embassy in Washington, D.C.: Scientology and Germany: Understanding the German View of Scientology]</ref>


On December 7, 2007 German federal and state interior ministers declared the Church of Scientology unconstitutional allowing for the possible ban of the organization. A Berlin district set up an office to deal with Scientology related complaints earlier that week. Ehrhart Koerting, Berlin's interior minister and chairman of a ministers' conference in Berlin told reporters Federal Interior Minister [[Wolfgang Schaeuble]] and 16 state interior chiefs agreed "that we do not consider Scientology an organization that is compatible with the constitution."<ref>{{cite web
On December 7, 2007 German federal and state interior ministers declared the Church of Scientology unconstitutional, allowing for the possibility of investigations which might in due course lead to a ban of the organization. A Berlin district set up an office to deal with Scientology related complaints earlier that week. Ehrhart Koerting, Berlin's interior minister and chairman of a ministers' conference in Berlin told reporters Federal Interior Minister [[Wolfgang Schaeuble]] and 16 state interior chiefs agreed "that we do not consider Scientology an organization that is compatible with the constitution."<ref>{{cite web
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| format=
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| accessdate=2007-12-07}}</ref><ref>http://www.spiegel.de/international/germany/0,1518,522052,00.html</ref> The move has, however, been criticised by politicians from all parts of the political spectrum, with legal experts expressing concern that an attempt to ban the organization would most likely fail in the courts.<ref>[http://www.tagesspiegel.de/zeitung/Titelseite;art692,2435009 Scientolgoy – Zweifel an Verbotsplänen], article in [[Tagesspiegel]], 2007-12-8</ref><ref>[http://www.welt.de/politik/article1439936/Innenminister_fordern_Verbot_von_Scientology.html Innenminister fordern Verbot von Scientology], article in [[Die Welt]], 2007-12-8</ref>
| accessdate=2007-12-07}}</ref><ref>http://www.spiegel.de/international/germany/0,1518,522052,00.html</ref>


==Greece==
==Greece==

Revision as of 03:34, 9 December 2007

  Countries that call Scientology a religion
  Countries with a Church of Scientology
  Countries with a Scientology mission
  Countries with no significant Scientology presence

The Church of Scientology pursues an extensive public relations campaign for the recognition of Scientology as a bona fide religion and cites numerous scholarly sources supporting its position.[1] Different countries have taken markedly different approaches to Scientology. The Church of Scientology is considered a tax-exempt nonprofit organization in its home country, the United States, and has received various forms of recognition in Taiwan,[2] Tanzania,[citation needed] Zimbabwe,[citation needed] South Africa,[3] Australia,[4] Sweden[5], New Zealand,[6] and thus enjoys and regularly cites the constitutional protections afforded in these nations to religious practice. Some countries, mostly in Europe, have regarded Scientology as a potentially dangerous cult, or at least have not considered local branches of the Church of Scientology to meet the legal criteria for being considered religion-supporting organizations.[7]

Australia

In 1982, there was a ruling by the High Court of Australia, in Church of the New Faith v. Commissioner Of Pay-roll Tax. The court ruled that the government of Victoria could not deny the Church the right to operate in Victoria under the legal status of "religion." All three judges in the case found that the Church of the New Faith (Church of Scientology) was a religion. One judge said:

It follows that, whatever be the intentions of Mr. Hubbard and whatever be the motivation of the Church of Scientology, the state of the evidence in this case requires a finding that the general group of adherents have a religion. The question whether their beliefs, practices and observances are a religion must, in the state of that evidence, be answered affirmatively. That answer, according to the conventional basis adopted by the parties in fighting the case, must lead to a judgment for the Church of Scientology.

A second judge said,

Conclusion. The applicant has easily discharged the onus of showing that it is religious. The conclusion that it is a religious institution entitled to the tax exemption is irresistible." The third of the three judges concluded, "The conclusion to which we have ultimately come is that Scientology is, for relevant purposes, a religion. With due respect to Crockett J. and the members of the Full Supreme Court who reached a contrary conclusion, it seems to us that there are elements and characteristics of Scientology in Australia, as disclosed by the evidence, which cannot be denied.[8]

Austria

Austria does not consider Scientology as a religion. A religious group that seeks to obtain this status in Austria is subject to a six-month waiting period from the time of application to the Ministry of Education and Culture. In May 2006, Scientology applied for this status as a religious confessional community but later withdrew their applications.[9]

Belgium

Main article: Scientology in Belgium

In Belgium, only six religions are permitted to be officially recognized by the Government: Roman Catholicism, Protestantism, Anglicanism, the Orthodox Church, Judaism and Islam. [10] Scientology has been refused in its appeals as a candidate for the status of recognized religion.[11]

On September 4, 2007, the European press reported that a Belgian federal court had indicted 12 physical persons associated with Scientology and two moral entities -- the Belgian Church of Scientology and Scientology's Office of Human Rights -- on counts of extortion, fraud, organized crime, obstruction of medical practice, illegal medical practice, invasion of privacy, conspiracy and commercial infractions like abusive contractual clauses. [12][13] Template:Fr icon

The Church of Scientology has accused the prosecutor of "using the media, trying to damage the reputation of the Church of Scientology and not being able to put a case in court" for the last decade. It added that the prosecutor's recommendations suggested Scientology was guilty even before a court could hear the charges, making it "difficult for the Church of Scientology to recover and properly defend (itself) before the court." [14]

The prosecution has indicated an intent to have the Church of Scientology classified as a criminal organization as per Belgian law.[15]

Canada

Scientology mission of East Toronto, Ontario
Main article: R. v. Church of Scientology of Toronto

In Canada, the Church of Scientology is considered a religious non-profit organization. The church applied for Canadian tax-exempt charity status in 1998,[16] was reportedly rejected in 1999,[17] and is not registered as a charity as of December 2007.[18] In 1992, Scientology became the only religious organization convicted in criminal court on two counts of breach of the public trust (for an organized conspiracy to infiltrate government offices) following a trial by jury.[19][20]

Germany

In Germany Scientologists are free to practice. The German administrative courts and appeals courts have consistently held that the Scientology is to be afforded protection under the German Constitution. But the church is considered by some a commercial business association and with no tax exemption. Scientology's attempts to be recognized as a church by courts have been without success[21][22][23].

Scientology is currently being monitored in some German states due to anti-constitutional ideology. [24] In the city of Hamburg, the Scientology Task Force for the Hamburg Interior Authority also monitors the group.

The US State Department's has repeatedly claimed that Germany's actions constitute government and societal discrimination against minority religious groups and Scientology. [25][26] On June 2000, the U.S. House of Representatives held hearings concerning Germany's actions towards American Products based on religion and Scientology.[27][28]

On Nov 1999, a German official was arrested in Switzerland and given a 30 day suspended jail sentence for spying on Scientology. The German government apologized to Switzerland for the incident.[29] On Dec 2001, Administrative Court in Berlin ruled against the Berlin Office for the Protection of the Constitution and ordered it to stop the recruitment and deployment of staff and members of the Church of Scientology Berlin as paid informants. The court ruled that the use of informants was disproportionate. [30]

Germany's handling of Scientology has also been called into question before open hearings of the United Nations Human Rights Committee. The hearings ended up without any consequences or criticism from the Committee regarding Germany's handling of Scientology. [31] In March 2007, it was reported that Scientology had opened a new headquarters in Berlin, and that German authorities were responding by increasing their efforts to monitor Scientology.[32]

The German Embassy in Washington, D.C. has stated in 1997, that Scientology has religious freedom guaranties and that The Church of Scientology has waged an aggressive campaign against Germany. Ignatz Bubis, the recently deceased chairman of the Council of Jews in Germany who was Germany's top Jewish leader, defended Germany, saying:

"Germany needs to be protected, the German Government and the German leadership need to be protected from this wild charge made by the Church of Scientology in the U.S.... We reject this campaign. It is most unfair to Germany and to Germans in general."[33]

On December 7, 2007 German federal and state interior ministers declared the Church of Scientology unconstitutional, allowing for the possibility of investigations which might in due course lead to a ban of the organization. A Berlin district set up an office to deal with Scientology related complaints earlier that week. Ehrhart Koerting, Berlin's interior minister and chairman of a ministers' conference in Berlin told reporters Federal Interior Minister Wolfgang Schaeuble and 16 state interior chiefs agreed "that we do not consider Scientology an organization that is compatible with the constitution."[34][35] The move has, however, been criticised by politicians from all parts of the political spectrum, with legal experts expressing concern that an attempt to ban the organization would most likely fail in the courts.[36][37]

Greece

In the case "Attiki Prefecture vs KEPHE," the practice of Scientology was ordered ended in Greece.[38] An appeal to the Athenian Court of Appeals ended with a reaffirmation of the verdict.[39] The verdict was originally issued on December 20, 1995, but was not immediately put into effect. In January 1998 a Greek appeals court ordered Scientology's assets liquidated.[20] The appeals process came to its conclusion in 2002, when KEPHE ended its appeals.

Ireland

In Ireland, Scientology maintains a mission in Dublin.[40] The Church of Scientology Mission of Dublin Ltd. is not listed with Ireland's Office of the Revenue Commissioners as an authorised charity for donation tax relief.[41]

Italy

Although most Italian courts did give recognition to Scientology as a religion, including Rome and Turin, the court of Appeals Court of Milan did not do so during the 20-year-long criminal trial of various Scientologists.[42] The Appeals Court of Milan twice did not consider the religious recognition of Scientology in Italy in its decisions, however its decisions were annulled on two occasions by the Supreme Court.[43] The Italian Supreme Court gave exact guidelines to the Appeals Court of Milan to follow.[44] Following these guidelines the Appeals Court of Milan concluded:

This Judge – along with the Supreme Court – acknowledges the fact that the evidence collected does not lead to the exclusion of the denominational character of Scientology that is supported by its by-laws and public recognition.[44]

A criminal association amongst the present defendant does not exist[44]

With that, the Appeals Court of Milan exonerated the defendants of all charges. [44]

In March 2000, the Italian Supreme Court upheld Scientology's religious status in Italy while reaffirming that Narconon is a non-tax-exempt for-profit business.[45]

Russia

The Church has been subjected to considerable pressure from the state in Russia.[46] On April 2007, the European Court of Human Rights ruled against Russia for repeatedly refusing to consider recognise Moscow's Church of Scientology application for the status of legally valid religious association. The Court of Human Rights found that the reasons given to deny re-registration of the church by the justice department and endorsed by the Moscow courts had had no legal basis.[47][48] In July 2007, the St. Petersburg City Court ordered that the city's Scientology center be closed for violating its charter by engaging in unlicensed health care services.[49]

Spain

On 31 October 2007 the National Court in Madrid issued a decision recognizing that the National Church of Scientology of Spain should be entered in the Registry of Religious Entities.[50]

Wikinews has related news:

The administrative tribunal of Madrid's High Court ruled that a 2005 justice ministry decision to scrap the church from the register was "against the law." Responding to a petition filed by the church, the ruling said that no documents had been presented in court to demonstrate it was anything other than a religious entity.[51][52]

Authorities had earlier declared that the government would not interfere in any way with the activities of the Church of Scientology.[53]

South Africa

On 1975, Scientology was recognized as a non-profit organization in South Africa despite formal government Commission of Inquiry that recommended otherwise.[54] On April 2000, Scientology ministers were granted the right to perform marriages thus recognizing Scientology as a religion.[3] On Dec, 2007, South Africa granted a certificate to the Church recognizing it as as a 'Public Benefit Organisation'. [55]

United Kingdom

The Church's application for charity status in England and Wales was rejected in 1999.[56] In 2001, the Church of Scientology was exempted from value added tax on the basis that it is a religious organization. Also in 2001, Church employees who are also part of what is described as its religious order were declared not subject to the ordinary wage laws. The Royal Navy recognized Scientology as one of the religions that sailors must be allowed to practice. The UK government has heavily criticized the Church in the past as documented in 1971 in the Foster Report but places no restrictions upon its activities.

In England, in a court case in 1984, it was held by Mr. Justice Latey in the High Court that "Scientology is both immoral and socially obnoxious. Mr. Kennedy did not exaggerate when he termed it 'pernicious'. In my judgement it is corrupt, sinister and dangerous. It is corrupt because it is based on lies and deceit and has as its real objective money and power for Mr. Hubbard, his wife and those close to him at the top. It is sinister because it indulges in infamous practices both to its adherents who do not toe the line unquestioningly and to those outside who criticise or oppose it. It is dangerous because it is out to capture people, especially children and impressionable young people, and indoctrinate and brainwash them so that they become the unquestioning captives and tools of the cult, withdrawn from ordinary thought, living and relationships with others." RE B AND G (MINORS) (CUSTODY)[1985] FLR 134. The case was upheld on appeal to the Court of Appeal.

United States of America

In the United States, Scientologists claim that the Internal Revenue Service (IRS) tax exemption granted to the Scientology related businesses under IRS Tax Code section 501(c)(3) after extended litigation gives their religion a U.S. government stamp of authenticity.[57][58]

Scientology's tax-exempt status was lost in a 1967 IRS audit. As part of the effort to regain tax exemption during the late 1970s, Scientologists infiltrated the IRS and stole confidential documents in what was termed Operation Snow White. Eleven high-ranking Scientologists, including Hubbard's wife Mary Sue Hubbard, served time in federal prison for acts surrounding this operation. This was followed by internal restructuring worldwide to prevent the recurrence of such acts[59].

In the early 1990s, church leaders David Miscavige and Mark Rathbun visited with the IRS in Washington, DC to negotiate a settlement in an effort to gain tax-exempt status. On August 24, 1992, Scientology's Church of Spiritual Technology (CST) traded to the federal government a vault built at Trementina Base. Though CST had paid over $250,000 for the property in 1986 and had invested millions in development of the property according to the Federal Register record,[citation needed] CST traded it to the government, vault included, for a similar parcel of land in the same New Mexico county valued at only $28,000.

On October 1, 1993 the IRS formally announced that the Church of Scientology and its corporate entities had been granted tax exemption again. The settlement document was sealed by the IRS, but it was leaked to, and subsequently published by the New York Times. The New York Times also stated in a March 9, 1997 article that, in its efforts to obtain tax-exempt status, Scientologists paid private investigators to obtain compromising material on the IRS commissioner.[60]

As Scientology courses are tax-deductible, some people have wondered why religious courses for other religions are not allowed the same deduction. In the case of MICHAEL SKLAR; MARLA SKLAR v. COMMISSIONER OF INTERNAL No. 00-70753, the Sklars argued they should be allowed a tax-deduction for their payments for courses their son took at a Jewish school. On January 29 2002 the United States Court of Appeals for the Ninth Circuit upheld the IRS's opposition. Judge Silverman concurred, saying:

An IRS closing agreement cannot overrule Congress and the Supreme Court. If the IRS does, in fact, give preferential treatment to members of the Church of Scientology—allowing them a special right to claim deductions that are contrary to law and rightly disallowed to everybody else—then the proper course of action is a lawsuit to put a stop to that policy."[61]

See also


References

  1. ^ "The Bonafides of the Scientology Religion". Church of Scientology. Retrieved 2007-07-21.
  2. ^ "Taiwan Yearbook 2006". Taiwan Government Information Office. 2006. Retrieved 2007-08-31. {{cite web}}: Check date values in: |year= (help)
  3. ^ a b "Scientology Marriage Officers Approved in South Africa". CESNUR. 2000-04-11. Retrieved 2007-07-21. {{cite web}}: Check date values in: |date= (help)
  4. ^ Singer, Jill (2007-07-02). "Hubbard's Scientology 'built on nonsense'". Herald Sun. Retrieved 2007-11-27. {{cite web}}: Check date values in: |date= (help)
  5. ^ "Decision of March 13, 2000 registering Scientology as a "religious community" in Sweden". CESNUR. 2000-03-13. Retrieved 2007-07-21. {{cite web}}: Check date values in: |date= (help)
  6. ^ "Scientology gets tax-exempt status". New Zealand Herald. 2002-12-27. Retrieved 2007-08-01. the IRD said the church was a charitable organisation dedicated to the advancement of religion {{cite web}}: Check date values in: |date= (help)
  7. ^ Scientology and Germany. Understanding the German View of Scientology.
  8. ^ High Court of Australia CHURCH OF THE NEW FAITH v. COMMISSIONER OF PAY-ROLL TAX (VICT.) 1983 154 CLR 120
  9. ^ US Department of state
  10. ^ http://www.brusselsjournal.com/node/2404
  11. ^ Planchar, Roland (July 2005). "Un impôt et deux religions de plus?". La Libre Belgique. Retrieved 2006-07-23.
  12. ^ http://www.breitbart.com/article.php?id=D8REMTI02&show_article=1
  13. ^ Planchar, Roland (2007-09-04). "La Scientologie plus près de son procès". La Libre Belgique. Retrieved 2007-09-04. {{cite web}}: Check date values in: |date= (help)
  14. ^ http://www.foxnews.com/story/0,2933,295693,00.html
  15. ^ Reuters (2007-09-05). "Belgium charges Scientologists with extortion". Sydney Morning Herald. Retrieved 2007-11-12. {{cite web}}: |author= has generic name (help); Check date values in: |date= (help)
  16. ^ J. Saunders & T. Appleby, Scientology Seeks Tax Receipt Status, The Globe and Mail, 19 January, 1998, A1, A6.
  17. ^ Gregg Hagglund (1999-11-14). "Charity status reported turned down". Newsgroup: alt.religion.scientology. 130919992016161959%elrond@cgo.wave.ca. Retrieved 2006-08-09. {{cite newsgroup}}: Check date values in: |date= (help)
  18. ^ Canada Revenue Agency Charity List
  19. ^ McGregor, Glen: Liberal MP stars in video promoting: Scientology Controversial religion not a cult, Lee insists, The Ottawa Citizen, October 26 2005, p. A1.
  20. ^ a b Morgan, Lucy (1999-03-29). "Abroad: Critics public and private keep pressure on Scientology". St. Petersburg Times. Retrieved 2007-11-27. {{cite web}}: Check date values in: |date= (help)
  21. ^ German legal document collection
  22. ^ Federal Labor Court, 26 September 2002, file no. 5 AZB 19/01
  23. ^ Superior Administrative Court Mannheim, file nr. 1 s 1972/00, 12 December 2003
  24. ^ Scientology-Organisation
  25. ^ State Department's International Religious Freedom Report 2005
  26. ^ State Department's International Religious Freedom Report 2006
  27. ^ Discrimination on the Basis of Religion and Belief in Western Europe
  28. ^ Tank, Ron (1997-01-30). "U.S. report backs Scientologists in dispute with Germany". CNN. Retrieved 2007-11-12. {{cite web}}: Check date values in: |date= (help); Unknown parameter |coauthors= ignored (|author= suggested) (help)
  29. ^ Switzerland: Scientology Spying by a German Official Spurs Jail Term
  30. ^ Berlin Administrative Court Rules Against the Use of Undercover Agents Posing as Scientologists
  31. ^ Summary record of the first part (public) of the 1553rd meeting : Germany. 23/01/97. CCPR/C/SR.1553. (Summary Record). Office of the United Nations High Commissioner for Human Rights, Geneva.
  32. ^ Stark, Holger (2007-03-27). "Scientology's New European Offensive: The March of the 'Orgs'". Der Spiegel. Retrieved 2007-11-12. {{cite web}}: Check date values in: |date= (help); Unknown parameter |coauthors= ignored (|author= suggested) (help)
  33. ^ German Embassy in Washington, D.C.: Scientology and Germany: Understanding the German View of Scientology
  34. ^ Charbonneau, Louis (2007-12-07). "German ministers say Scientology unconstitutional". Reuters. Retrieved 2007-12-07. {{cite web}}: Cite has empty unknown parameter: |coauthors= (help)
  35. ^ http://www.spiegel.de/international/germany/0,1518,522052,00.html
  36. ^ Scientolgoy – Zweifel an Verbotsplänen, article in Tagesspiegel, 2007-12-8
  37. ^ Innenminister fordern Verbot von Scientology, article in Die Welt, 2007-12-8
  38. ^ "Attiki Prefecture vs KEPHE," Case Number 7380/1996, Athenian Court of First Instance
  39. ^ Appeal for "Attaki Prefecture vs KEPHE," Case Number 10493/1997, Athenian Court of Appeal
  40. ^ http://www.scientologyreligion.org/news/pg106.html
  41. ^ List of Registered Charities in the Republic of Ireland—from revenue.ie
  42. ^ http://www.cesnur.org/testi/scient_oct2000.htm Scientology Wins Mother of All Court Cases
  43. ^ The Italian Supreme Court Decision on Scientology
  44. ^ a b c d [http://www.cesnur.org/2001/scient_01_en.htm The Court of Appeals of Milan Decision
  45. ^ Italian Supreme Court decision
  46. ^ Church of Scientology International Presentation on Religious Freedom in Russia
  47. ^ ECHR, Church of Scientology Moscow v. Russia, application no. 18147/02, 5 April 2007
  48. ^ [1] IOL, April 5,2007
  49. ^ Associated Press (2007-07-12). "Russian court shuts down Scientology center in St. Petersburg: prosecutors". International Herald Tribune. Retrieved 2007-07-16. {{cite news}}: Check date values in: |date= (help)
  50. ^ "Spanish court rules Scientology can be listed as a religion". November 1, 2007. {{cite web}}: Unknown parameter |pub= ignored (|publisher= suggested) (help)
  51. ^ "National Church of Scientology Recognized in Spain". November 2, 2007. {{cite web}}: Unknown parameter |pub= ignored (|publisher= suggested) (help)
  52. ^ "La Audiencia Nacional reconoce a la Cienciología como iglesia". November 1, 2007. {{cite web}}: Unknown parameter |pub= ignored (|publisher= suggested) (help) Template:Languageicon
  53. ^ "International Religious Freedom Report 2006". United States Department of State. 2006-09-14. Retrieved 2007-01-31. {{cite web}}: Check date values in: |date= (help)
  54. ^ Scientology: A Religion in South Africa by David Chidester, University of Cape Town, South Africa
  55. ^ South African tax break for Church of Scientology
  56. ^ "Decision of the Charity Commissoners for England and Wales" (PDF). Charity Commission. 1999-11-17. Retrieved 2006-07-06. {{cite web}}: Check date values in: |date= (help) (PDF)
  57. ^ Church of Scientology Bona Fide Scientology, Appendix 9, Official Recognition of Scientology as a Religion (website accessed 04/13/06)
  58. ^ Dahl, David (1993-10-24). "IRS examined Scientology dollars, not dogma". St. Petersburg Times. Retrieved 2007-08-31. {{cite web}}: Check date values in: |date= (help); Unknown parameter |coauthors= ignored (|author= suggested) (help)
  59. ^ Britannica Article
  60. ^ Frantz, Douglas (1997-03-09). "Scientology's Puzzling Journey From Tax Rebel to Tax Exempt". New York Times. Retrieved 2007-11-12. {{cite web}}: Check date values in: |date= (help)
  61. ^ Judge Barry Silverman Template:PDFlink format) United States Court of Appeals for the Ninth Circuit, Argued and Submitted September 7, 2001, Pasadena, California, Filed January 29 2002
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