Miviludes — Annual Report (2007)

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Liberté • Égalité • Fraternité

RÉPUBLIQUE FRANÇAISE

PREMIER MINISTRE

Report to the Prime Minister

Interministerial Mission of Vigilance and Combat against Sectarian Aberrations - MIVILUDES-

This document is a translation of the French version. Only the original French version is legally binding.

Contents

Foreword by the Chairman... 5

Introduction... 7

1st section

Prevention and assessment of risk ... 10

Sectarian Aberrations: analysis of legal provisions... 10

Mental hold examined in legal decisions... 24

Psychotherapeutic aberrations: induced false memories... 42

2nd Section

Childhood and education ... 57

Follow-up to the Parliamentary investigatory commission on "Stolen childhood"... 57

3rd section

The detection of risk in the economic domain ... 79

The inherent risks of multi-level marketing networks... 79

The risks linked to certain business coaching techniques... 92

4th Section

Various studies ... 105

Stupefacients and sectarian aberrations... 105

Satanism: an ever-present risk of aberration... 115

Influential strategies used by sectarian movements on an international scale: the OSCE case... 119

Sectarian risk: legal and administrative provisions in Central Europe ... 146

Observations of a psychologist concerning aberrations relating to the practice of induced false memories... 177 Administrative activities in 2007 ...190

MIVILUDES ...190

Ministries ...199

Conclusion...240

Appendices

Testimonies ...242

Parliamentary activities: written questions ...246

Addresses and useful links...260 Foreword by the Chairman

A long time ago, some 25 years, the State did not preoccupy itself with movements which were, without further consideration, given the name of sects. Some would smirk, but others wished to awaken public opinion on the matter.

A Prime Minister entrusted the mission of producing a report on the subject to a member of parliament. Roger Ikor drew the attention of the President of the Republic, families organised themselves into associations in defence of the victims, the Parliament created an Investigatory Commission, the Government set up an Observatory, a new minister created a Commission to combat sects, another transformed this into the Interministerial Mission of Vigilance and Combat against Sectarian Aberrations, and media sources almost unanimously denounced the plague of the methods of manipulation used by these groups. In short, the growing awareness of this phenomenon was very real and an almost unanimous consent formed that this problem could be not resolved via private initiatives.

Far and beyond the intricacies linked to the political sensitivities of the various parties, beyond the language subtleties, it was in fact an entire policy of prevention, of information, of assistance to the victims and their families, and of combat against all forms of sectarian aberrations which took shape, step by step, in the light of past experience, with the largest political consensus which any sociological subject has ever been able to command in our country.

The sectarian movement, whether it manifests itself in spiritual, philosophical, esoteric or occultist domains, which have suffered a very noticeable decline since the beginning of the century, or whether it is found in its more modern forms, which are better adapted to the expectations of our fellow citizens, via the fields of health, education, personal development, coaching or personal guidance, etc...could not remain idle in the face of such policy. There is no denying that the movement rapidly organised itself to strike back on both national and international fronts.

Its discourse is now very much in focus:

Any State action in this field encroaches on the exercise of public liberties, particularly on the freedom of belief, although the notion of belief cannot actually be demonstrated in most cases. Any warning from State authorities is discriminatory, and any accusation defamatory.

There are no victims, only apostates, whose testimonies are more than questionable. There are no established facts, only rumours.

Legal decisions are occasionally made, however they are inevitably unjust and this jurisprudence bears little impact in comparison to decisions made by European or national jurisdictions, whose judgements and orders are interpreted and compared by the movements concerned, whose talents for instrumentalism must be admired.

To summarise, there are neither victims nor public disorder and there are more serious and pressing matters on which the State should focus its energy. There are only a handful of people - who are always the same-who are wasting public funds in this futile, out-dated witch hunt.

Well, for 3 years, I met with those victims one would have you believe invisible on a daily basis, I listened to their families, and I was witness to the damage and irreparable harm caused by all those gurus and witch doctors in the sectarian movement.

I noted the expectations of all those who had suffered and suffered still as a result of actions void of any respect for human dignity.

I took note of the cynicism and arrogance of certain heads of these sectarian movements. I am to this day astounded by the composure and the bad faith displayed by their leaders and defenders.

It is for this reason that I wish to pay homage to the actions of all those who tirelessly devote themselves to ensure that our fellow citizens do not succumb to the appeal of these movements and that those who have seriously harmed other men, women and children, and those who have exploited the weaknesses, credulity or despair of their fellow human beings be obliged to answer to the course of law.

I offer my sincere thanks to all, to the elected politicians of the Nation, the leaders of associations, health, education and legal professionals, qualified individuals, officials of centralised, decentralised and regional administrations, for their selfless and deeply humane actions.

The all-encompassing behaviour of sectarian movements is leading them to trample the Republican motto: what value do the words "Freedom, Equality, Fraternity" still hold in a world where human dignity no longer applies?

Let us make sure we know who the victims are and let us continue to answer the cries of those who legitimately call out to the State for help.

Introduction

The founding decree of the Inter-ministerial Mission of Vigilance and Combat against Sectarian Aberrations requires that its Chairman present an annual report to the Prime Minister.

Given that the Mission was created in December 2002, this document is the fifth report.

The first two reports, in chronological order, had successively placed an emphasis on sectarian risk and then on sectarian aberrations, with a clear definition of the scope of activities and with specification of the nature of the risks and the means of apprehending the reality in strict compliance with law intended for the attention of the Parliament, which closely monitors its action, and of its citizens, who expect the State to protect them against a danger which is considered as particularly intolerable.

In its third report, the Mission highlighted and presented examples of four sectors which required acute vigilance and the provision of exhaustive information to political and administrative leaders, in view of the position of the potential victims: approaches targeting minors, sectarian aberrations in the field of health in the wider sense of the term, the risk of penetration of economic systems and the infiltration of a leading sector in terms of image, i.e. humanitarian assistance.

Last year, the decision was made to address new issues, matching developments in the sectarian environment, together with the capacity of the organisations in question and of their leaders to adapt on a daily basis.

For MIVILUDES, it was not a matter of stigmatizing any particular individual in principle, but of adequately fulfilling its role as a regulator, by proceeding with an upstream analysis of risks, and an objective investigation of changes to dangers. Indeed, each time that the State has taken measures against a particular type of risk, the sectarian movement has quickly adapted by working around the texts, by developing new methods of approach, or by integrating new sectors.

It is this very same notion of the role and responsibilities of MIVILUDES, which took the forefront in the development and finalization of this present report. The latter have been carried out under the supervision and complete endorsement of the Orientation council.

The strengths of the works resumed in these pages lie in the fact that they represent an essential reminder of the judicial laws in force, not only with respect to the categorization of the actions of public players, which can only be carried out in accordance with constitutional principles and laws, but moreover with full transparency with respect to the citizens' expectations of the public judicial system, which is responsible for defending the rights and liberties of all parties.

It was impossible for MIVILUDES to ignore the work of the Parliamentary Investigatory Commission on "Sects and Minors: stolen childhood", which, under the presidency of Mr. Georges Fenech, presented its report in December, 2006. It then commenced the monitoring of the fifty recommendations proposed by the aforementioned Commission and presently accounts for the measures already adopted, those still in their developmental stages, and the reasons for the abandonment of any proposals if applicable.

Matters relating to health have been highlighted, as it is palpable that this is one of the three fields, together with education and the economy, out of which stem the most numerable new doctrines, new schools of thought often perceived by target audiences as a general source of risk and the risk of sectarian aberrations in particular. MIVILUDES is naturally only and exclusively interested in this latter aspect of the sectarian movement.

In order to determine sectarian risk and measure the amplitude of the harm inflicted on the economic environment, a study was conducted on the means of gaining hold and on the current situation for two practices: "systemic constellations" and "multi-level sales" methods, which have been the subject of many questions over the last year.

We examined how the use of certain practices by often self proclaimed pseudo-specialists was likely to have serious effects on the inner harmony of individuals and their environment.

This report assesses the problems associated with the unabated fad favouring shamanist practices which call for the mostly uncontrolled use of hallucinogens. After the categorization of ayahuasca and iboga ensuing from the risk assessment highlighted in previous reports, in 2007 a chapter is devoted to the "Datura" phenomenon, the new medium for shamans. The potential for the aberrations which accompany this phenomenon is thereby analysed.

Several members of the MIVILUDES Orientation council, particularly those representing family or educational institutions, have expressed their wishes for the satanic phenomenon to be updated since last year's report, to take its most recent developments in France into consideration.

In collaboration with our diplomatic correspondents, MIVILUDES compared the public policies implemented to handle the problem of sectarian aberrations in the main Western European and North American countries for the first time last year. This year, a chapter is devoted to the legislative regulatory and administrative provisions which are implemented in Central and Eastern Europe, which were not addressed in 2006.

Finally, even more so than in previous years, 2007 was marked by the frantic lobbying efforts of sectarian movements and their satellite associations. A confirmed developing trend saw many companies incapacitate departments in charge of the vigilance and combat against sectarian aberrations and it became evident that the influence strategies used by the movements were extremely effective. Their aptitude for reversing the reality of situations resembled their shrewdness in recruiting followers. The example of their actions in the context of an OSCE project is the subject of one of the chapters of this report.

Finally, each administration on the Executive operational control committee of the Mission had the possibility of providing their own annual activity report to optimise the information provided to readers on the work done by each individual ministerial department.

These contributions provide actual demonstrations of the reality of the specific focus points of previous years and provide information on the developments announced in 2005 and 2006.

MIVILUDES itself reports on its activities in the fields of action defined in its founding texts: distribution of information, training seminars, departmental vigilance units, international approaches, liaising with family defence associations, meetings with heads of movements (at their request) wishing to establish contact with the public authority, etc.

2007 can be looked back on as a year of work and efforts so as to ensure that victims and their families are heard, respected and supported throughout the difficult times which they face.

The executives of MIVILUDES have also had to devote much time, as was the case for many other political and administrative leaders and leaders of associations, in confronting all sorts of attacks, primarily legal actions, aiming to intimidate individuals, to incapacitate their action and to discredit the former on national and international political scenes. However much of a nuisance such harassment has been, it has in no way impinged on the determination of all those selfless people, who have helped to fight for the acknowledgement of the harm sustained by the victims and their families.

May the latter be reassured that the active forces of the Nation, represented by the MIVILUDES Orientation council, whose action is controlled and supported by these forces, do not intend to let the Republic give up and renounce on ensuring the safety of the most vulnerable people, struggling against actions motivated solely by the lure of money or the quest for absolute control over individuals.

1ST SECTION

Prevention and assessment of risk Sectarian Aberrations: analysis of legal provisions

For nearly 25 years, the French State has strongly affirmed its desire to protect the victims of aberrant behaviour by sectarian movements.

The action of the State has developed step by step, as a result of parliamentary reports and the evolution of the forms of the combat organisations established by successive Prime Ministers.

Since 28 November 2003, the Inter-ministerial Mission of Vigilance and Combat against Sectarian Aberrations, as indicated by its name, fulfils both a mission of vigilance i.e. the prevention and detection of sectarian risk, and a mission of combat against recognised aberrations.

There exists no legal definition of what constitutes a sect in French law, no more so than a definition of religion. This is partially the result of the fact that, in virtue of its laic principles, France refuses to define or to limit religious and spiritual phenomenon, thereby avoiding the risk of infringing upon the absolute principle of freedom of belief.

The inter-ministerial Commission on sects agreed as early as 1997 that "it would not be facilitating the government's actions against aberrations of this nature if it attempted to define and finalise a notion, whose very definition is in a constant state of evolution and is largely uncontrollable, in a text which would necessarily be limited, disregarding the legal and constitutional obstacles which this task would face".

It is fitting, ten years later, to acknowledge the accuracy of this statement: today, sectarian aberrations have a greater presence in the fields of health, alternative therapies and personal development than within spiritual and religious contexts, per se.

On the other hand, the lack of definition of sects in no way detracts from the reality of the existence of the victims of the aberrations of certain sectarian movements. The notion of sectarian aberrations is constantly evolving and the French approach is both pragmatic and textually supported.

The fact of the matter is, in the absence of a legal definition of what constitutes a sect, the law represses any actions which, in the specific context of mental hold, infringe upon human rights, fundamental freedoms or which represent a threat to public order.

In certain countries, activity in this field almost exclusively concerns the private sector. In France, there are numerous associations whose function is to aid the victims and their families, but all types of political legislative and executive leaders, have judged that the Government cannot escape from its responsibilities and duties in regard to this matter.

It is for this reason, that the task of State institutions to combat sectarian aberrations in all their forms is effectuated at a variety of different levels.

The task of administrative executives is to implement adequate monitoring and prevention provisions.

The function of social workers is to identify dangers and to aid victims.

As for MIVILUDES, it coordinates all of the provisions implemented by the Government at departmental, regional and ministerial levels, provides information for the public and government officials and analyses the evolution of the phenomenon on behalf of the Prime Minister. The decree of 28 November 2002, entrusts the mission, as mentioned above, with prevention, vigilance and combat against any aberrant behaviour by sectarian movements.

Lastly, the task of the judge, the guardian of freedoms, is to provide protection against all forms of physical or psychological subjection and continues in the tradition of respect for the law, from which no government, and no citizen must be exempt.

This concerted and pragmatic Government function, in the absence of any specific incrimination, exercises a dual protective role:

ensuring the freedom of belief;

ensuring individual freedoms, especially those of the weak (e.g. children and, since 2001, people in a state of subjugation).

In principle, no judgement is made as to the value or the sincerity of an ideological or spiritual commitment. This aside however, not everything is allowed in the name of freedom of belief or religion and it is the responsibility of the judge to provide reminders as to the lines which cannot be crossed, whether of an administrative or legal nature, and on a national or European scale.

Sectarian aberrations in the context of private law

While sectarian aberrations are naturally viewed as violations of penal code texts, the judgements of civil jurisdictions, of which far more exist, must not be neglected.

The family

In these, often low profile cases, it is also the conduct of individual members of sectarian movements, and this individual conduct alone, which can result in unfavourable judgements and not merely the fact that they belong to such a movement.

1-Family Law

Belonging to a sectarian movement does not in itself constitute sufficient grounds for divorce (Dijon Court of Appeal, 23 September 1997).

It is only when the behaviour of one spouse deeply disturbs the life of the couple that the Family Tribunal judge can deem that behaviour a fault which renders the continuation of the relationship intolerable and award a divorce on these grounds (Nancy Court of Appeal, 23 February 1996; Montpellier Court of Appeal, 7 November 1994).

The overzealous implementation of the movement's doctrine, whether it is of a religious or other nature, proselytising, demonstration of a lack of interest in family and friends, violence and restrictions, are all gravely detrimental to family life, which is incompatible with the continued family ties (Court of Cassation, Civil Chamber, 8 July 1987; Agen Court of Appeal, 2005).

Similarly, if only one of the two parents belongs to a sectarian movement, this in itself does not constitute grounds for an unfavourable verdict for the sect member, with regards determination of custody, visiting and access rights.

It is the consequences of these choices and not the choices themselves which are subject to criticism when the child's stability is at risk.

In the event of separation, if the practices of a parent have a strong potential to physically or psychologically traumatise the children, the Family Tribunal judge can decide to award custody to the other parent and/or restrict visiting and access rights (Court of Cassation, 2nd Civil Chamber, 13 July 2000; Aix-en-Provence Court of Appeal, 2004).

The Grenoble Court of Appeal reconfirmed the principle of religious freedom for a father and his daughter, subject to an opening of access to and participation in social networks.

2- Childhood at risk.

Juvenile court judges are called upon when the health, safety or the moral integrity of a minor is at risk, or when the conditions of his or her education, physical, emotional, intellectual or social development are greatly endangered.

In this context, the magistrate can decide to implement educational provisions such as the placement of the minor or educational monitoring within the family home.

According to articles 375 and subsequent of the Civil Code, in addition to the deprivation of care and food, and the cases of physical or sexual violence encountered in many groups, the parents' decision for their children to live in a "closed world", where they are neither properly educated nor given any serious teaching at all, equally provides immediate cause for the public prosecutor to be informed and for the said State representative to engage in legal proceedings.

In a verdict delivered on 22 February 2000, the Court of Cassation confirmed a previous judgement which had ordered a mother to keep her children away from any members of the Raelian movement, with the exception of herself and her partner, and to refrain from leaving French soil without written consent from their father.

According to the Court of Cassation, the debated verdict did not directly infringe on any rights and freedoms, it merely subjected their exercise to certain conditions, for the well-being of the children alone.

The parliamentary investigatory report on "stolen childhood", closing the 2006 Parliamentary Commission, made 50 proposals for the protection of children, which are particularly vulnerable targets of sectarian aberrations. This report will report on the implementation of these parliamentary proposals in a later chapter.

Work

In their 1999 report entitled "Sects and Money", parliamentary officials reiterated that as financial gain (together with power) was one of the main objectives of sectarian movements, the latter had endeavoured to infiltrate companies as they could obtain three benefits from this action:

attract funds, particularly via vocational training,the financing of which is considerable and still poorly controlled

gain a certain reputation

develop their proselytising

use their infiltration as a means to penetrate other structures.

Several axes of professional life can be involved: 1- Exploitation of followers.

Strong submissiveness to and dependence on the leader or guru can push members of movements to work in conditions which are sanctioned by the law as illegal labour.

2 - Vocational Training.

It was equally decided that employees could legitimately refuse to participate in a training program imposed by their employer, if the methods employed in the course of this training in any way resembled those used by an organisation indicated as a sect (Versailles Court of Appeal, 22 March 2001).

3-Provision of services.

By specifically targeting certain strategic services within a company (I.T., human resources), sectarian movements can obtain personal data on employees or critical information about the operations of the company.

Any reader who wishes to know more on this topic can refer to the guide published by MIVILUDES "L'entreprise face au risque sectaire" ("Companies and sectarian risk") which can be obtained from the Documentation française publishing house or on-line from the Mission website (in French only). (www.miviludes.gouv.fr).

Criminal offences

The infraction of Common Law can only occur because the victim has already been psychologically broken down by the manipulation of a group or guru. Manipulation is the foreplay to criminal action. Common Law applies to a specific field characterised by restriction.

There is no 'anti-sectarian' legislation in France as such, however some legal texts can apply to sectarian aberrations.

1 - The application of general incriminatory texts.

Many acts committed by sectarian movements could be sanctioned under penal law and thus constitute aberrations.

In view of the organisation, financing and economic activities implemented by sects and the lifestyle to which they lay claim, some sectarian movements develop specific modes of delinquency.

It is absolutely essential to refer to the movement's doctrine and to integrate this into the investigation, as it will almost systematically contain the ideology which advocates or results in the violation of the law.

The following infractions are those which are most frequently observed. This list is not exhaustive as the imagination of gurus is endless:

Self proclaimed therapeutic or healing groups expose themselves to breaching Public Health Codes, particularly by practising medicine or pharmacy illegally, which, in worst case scenarios, can lead to manslaughter:

on 1 July 2004, the Chambery Court of Appeal sentenced Ryke Hammer to 3 years of prison for fraud and complicity in the illegal practice of medicine.

on 3 June 2005, the Quimper Court of Assizes, sentenced parents, followers of a sectarian movement and guilty of exercising an unregulated therapeutic practice (kinesiology), to 5 years imprisonment, with a suspended sentence of 52 months, and to 3 years probation for failure to render assistance to a person in danger.

Cases of destruction of property, fraud, abuse of trust, deception with regards to substance or false advertising are regularly reported in relation to certain movements offering personal development services, or services to effectively and rapidly improve the potential of clients or members (Scientology case, Lyon Trial Court, 22 November 1996, and Court of Appeal, 28 July 1997).

It is important to understand that money is the motivating factor behind almost all sectarian movements. It is not rare to see the followers of a movement living in a state of utter destitution because they have donated all of their assets to the movement, with the inherent indirect consequences which this may have on the other non-sect members of the family. The same cannot be said of gurus, who generally lead a comfortable and extravagant lifestyle.

The monetary flows of the major transnational movements are very difficult to identify, particularly in fiscal terms and the true nature of their assets can be vague. The 1999 parliamentary report "Sects and Money" highlighted the difficulties faced in attempting to recover tax debts and elaborated on the insolvency systems of sectarian movements.

Personal attacks, physical violence, sexual abuse,the nonrendering of assistance to persons in danger and deprivation of care or food with respect to minors are most often observed among communities which withdraw into themselves and are resolutely cut off from the outside world.

Within sectarian movements, matters of a sexual nature have a particularly important role and take on multiple forms which are not encountered in the rest of society. Sexuality can serve as a means of enslaving its followers. Certain gurus advocate the practice of chastity, sometimes going as far as castration. Some decide on the partners for their followers. Others use fully fledged inquisition techniques on their followers. Quite contrastingly, in other movements, complete sexual freedom is advocated, or multiple partners are recommended, if not imposed, or sexual relations with children are advocated in the same manner as relations with adults, although almost all groups fiercely deny this today. Sometimes sex is used as a means of recruiting new followers (flirty fishing - which can sometimes constitute a breach of sex procurement laws).

Infractions concerning educational obligations require extra special attention. The Law of 18 December 1998, which reinforced the monitoring of compulsory education, resulted in the incrimination of parents and the directors of private institutions which had failed to fulfil their obligations regarding the children (articles 227-17-1 and 227-17-2 of the penal code). The Law of 5 March 2007, whose decrees have not yet been made public, reinforces this provision for the protection of children.

The matter of failing to report crimes deserves particular attention as certain groups take this attitude with respect to the law and the justice system: by keeping quiet about any internal affairs which could have a negative impact on the group, the movements manipulate the system as often as possible to their own ends. The Court of Cassation, in its verdict on 13 September 2000, confirmed the verdict of the Court of Montpellier, by sentencing members of a movement for failing to report incidents of sexual violence against children. They had obtained knowledge of these incidents via an internal confession during a council of the elders.

Before 2001, incriminations based on breaches of penal law had proven sufficient to combat most aberrant actions performed by sectarian movements. Nevertheless, certain actions remained outside this field of repression and, in 2001, Parliament officials voted in an amendment to the Law on the exploitation of a state of weakness, adding the state of subjection to the scope of this Law.

2- The specific case of the About-Picard Law of 12 June 2001.

This law, aiming to prevent and suppress movements infringing on human rights and fundamental freedoms, is a general text which does not exclusively target sectarian movements. It applies to all legal and de facto legal persons. This text has created a new civil dissolution process for legal persons and extended the prior incrimination systems for the fraudulent exploitation of a state of weakness.

The new Article of the penal code, Article 223-15-2, sanctions the fraudulent abuse of ignorance or weakness in minors or particular vulnerable people (age, sickness or disability). It also now protects people subject to psychological or physical subjection, resulting from the strong or repeated application of pressure, or from the application of techniques aiming to alter judgement and lead people to commit acts or abstentions which could have serious negative consequences.

The case pertaining to the founder of the Nantes Neo-Phare movement led to the first final judgement based on this principle and several other proceedings are currently underway in the field of sectarian aberrations. The case concerned the specific behaviour of a guru who had incited one of his followers to commit suicide in a religious, apocalyptic, extra-terrestrial and spiritual context. The objective of the guru was to physically and psychologically isolate the members of the group and to destroy their frames of reference, ensuring that they followed his bidding alone.

The psychological expert for this case played a decisive role with respect to both the trial (submission of a 50 page report analysing recordings) and the hearing: the expert highlighted the very particular nature of the relationships between the members of the group by means of textual analysis (the movement's doctrine) and video footage depicting the groups' meetings (3 hours viewing time of a selection of scenes, filmed by the group itself, which clearly demonstrated mental manipulation).

Administrative legal provisions

While penal law cases regarding sectarian aberrations are more visible for the public, administrative case law also awards important decisions in this field. To give an example, in a non-exhaustive manner, administrative case law has passed judgements on:

The refusal of treatment

The law of 4 March 2002 regarding the rights of sick people and the nature of the health system, awarded patients the right to refuse treatment.

Pursuant to article 1111-4 of the public health code (PHC) " [...] medical practitioners must respect the will of the patient after having provided information on the consequences of their decision".

On a number of occasions, the State Council has reached verdicts on the scope of the rights of adults to refuse treatment.

In an order on 26 October 2001, the State Council ruled that the obligation to save life does not prevail over the respect of the will of the patient. With reference to the basic nature of the case, the Supreme Court decided that "given the extreme situation which the patient faced, the doctors who, in attempting simply to save his life, had chosen to pursue actions essential to his survival and relative to his state of illness, had done no wrong in engaging the liability of the welfare services".

The State Council confirmed this verdict in the form of a summary order on 16 August 2002, by affirming that, while it was indeed a fundamental freedom for an adult to consent or refuse medical treatment, the execution of a blood transfusion against the will of the patient, circumstantially, did not constitute a serious or obviously illegal infringement of this freedom.

With regard minors or adults under guardianship, their consent must be systematically obtained if they are able to express their will and participate in the decision. Should a parental figure or legal guardian decide to refuse treatment, and should this refusal imply potentially serious consequences for the health of the minor or the adult under guardianship, the medical practitioner will administer essential treatment (article L.111-4 of the PHC).

Moreover, in a verdict on 24 April 1992, the State Council ruled that prospective adoptive parents refusing blood transfusions "did not offer sufficient guarantees as to the provision of suitable living conditions for the children" and hence, that this attitude justified any negative ruling from the Chairman of the General Council.

Childminders

In a verdict on 7 February 1997, the Versailles Administrative Tribunal confirmed the decision made by child-welfare social services to withdraw a childminder's license and her right to mind children, due to the proselytising carried out by the childminder on behalf of her movement.

Similarly, the Lyon Administrative Tribunal, on 3 March 1998, ruled in favour of the withdrawal of the licence of a childminder, who minded children in her own home, in view of the fact that "the person concerned refused to apply essential teaching practices with the children (Christmas celebrations, children's' birthdays), despite these festivities representing key family and social references for the children concerned".

The law of 27 June 2005 concerning the status of childminders, requires that licences may only be issued if the person can guarantee conditions which are appropriate for the physical, intellectual and emotional development of minors.

Disruption of public order

In this matter, freedom is the rule, and restriction of this freedom is the exception to the rule. Article 10 of the Declaration of Human rights of 1789 states that "Everyone is entitled to hold their own opinions, religious or otherwise, unless the expression of these opinions disrupts public order, as defined in law". The expression and exercise of religious, philosophical or moral convictions and their inherent policies relating to health, safety, peace, morality and the prevention of legally punishable acts, may consequently lead to abuse and the disruption of public order.

Disruption of public order must obviously be based on precise facts relating to actions or abstentions committed by the individuals or the movements in question.

The Benjamin case law (State Council, 19 May 1933) exemplifies the scope of judicial control over the respecting of civil liberties. The State Council reversed a mayor's decision to ban 2 meetings, allegedly plotting a counter-protest, deeming that freedom should prevail and that only a proven inability to deploy the necessary forces to protect this right could justify such a provision.

Traditionally, public order consists of 3 elements: the protection of public peace, health and safety. It is a matter of maintaining "material and public order", without integrating the consideration of ideas or behaviour.

Nevertheless, local circumstances allow the adapting of this notion. For example, "the sale of a blasphemous publication in a city of pilgrimage or the showing of a film depicting a criminal case in the city in which the crime took place could represent a disruption to public order".

Sectarian associations resorting to the European Court of Human Rights: current case Law

The European convention on Human Rights, and French legislation does not define the term sect.

Article 9 states the right to freedom of thought, freedom of belief and religious freedom.

Article 14 prohibits discrimination, particularly discrimination based on religious principle.

Finally, Article 2 of the additional Protocol demands that member States respect the right of parents to provide education and schooling (for their children) according to their own religious and philosophical convictions. However, this article does not exempt them from enforcing the Convention on the Rights of the Child. The preamble of this convention, which has been ratified by France, highlights that "the child must be fully prepared to live an individual life in society" and states that children must be able to access information, regardless of its source (Article 13), their sources of information must be varied (Article 17), they must be able to access all forms of education and training (Article 28), and cultural and artistic material (Article 13) and the development of their skills must be encouraged (Article 29).

Thus, religion appears 3 times in the Convention and its Protocols, whereas sectarian movements are never mentioned.

The European Court of Human Rights has a great responsibility to protect the freedoms of belief, and religion, as well as the religious pluralism based on the former. It therefore takes care not to differentiate between "sects" and so-called traditional "religions".

Never, the Court has never been required to judge grievances submitted by individuals claiming to be victims of acts by sects. The claimants judged were active followers of the movements who called for the respect of freedom of belief and of religion. It is possible that, in the future, victims of sectarian movements will, in turn, have their cases heard before the European Court of Human Rights (ECHR), and that the exploitation of the decisions of this Court by sectarian organisations will not be quite as easy to achieve.

The ECHR has issued many orders in this field in recent years.

The first case brought before the Court was the Kokkinakis case. The claimant had been sentenced for having attempted to convert a person of orthodox denomination to his own faith (Jehovah's Witness).

The Court concluded that this interference was "not necessary in a democratic society" and that the Greek jurisdiction had not sufficiently specified in which sense the claimant "had attempted to convince his fellow man by abusive means". Consequently, the Court ruled a breach of Article 9 of the Convention.

With the Manoussakis order, the Court once again entered the domain of religious freedom. In this case, people had been sentenced for having opened a house of prayer without the prior approval of the government-recognised ecclesiastic authority or the Minister of National education and religion in charge of this field. The Strasbourg Court, reiterating that true religious pluralism was inherent to the concept of democratic society, deemed that "the disputed sentence is a blatant infringement of the religious freedom of the claimant, and cannot be regarded as appropriate in view of the legitimate intended outcome" (in this instance, the protection of order). It ruled a breach of Article 9.

The Court ruled on a claim brought against Greece by 3 officers of the Greek Air Force. The claimants had been sentenced by the Greek Jurisdiction for proselytizing to soldiers and civilians.

According to the Court, there was no violation of Article 9, with the exception of the action targeting civilians. Indeed, with regards the proselytizing of soldiers, the Court found the claimants guilty of exercising abusive pressure. On the other hand, the civilians, who, by definition, were not subject to military hierarchy, were only targets of attempts to convert rather than abusive proselytizing, as the pressure and duress applied to the soldiers were not present.

Conclusion

According to Jean-Paul Costa, Chairman of the European Court of Human Rights, "The Court must continue to effectively protect the freedom of belief and religious pluralism. While the Court will almost certainly need to consider abuse committed in the name of religion (in the most noble sense of the word), or those committed in the name of pseudo-religions who don the cappa magna solely to facilitate the achievement of their harmful nay abominable actions. Just as freedom of association must not serve to protect criminal organisations, religious freedom must not be used as a means for criminal action, committed in the name of such freedom, to escape punishment."

Mental hold examined in legal decisions

The 2006 MIVILUDES report noted that it was difficult for a judge to apprehend the notion of inducing a state of subjection.

The law of 12 June 2001 known as the "About Picard" law was drafted by legislators to reinforce the prevention and repression of actions breaching human rights and fundamental freedoms.

The two assemblies decided not to create a specific law for sectarian movements and the enforcement of Article 223-15-2 of the penal code has extensively exceeded the field of application of sectarian aberration in the last 6 and more years.

This text was immediately highly criticised by sectarian movements as infringing on the freedom of belief. However, the action taken against this law, initiated by the Christian Federation of Jehovah's Witnesses, was deemed inadmissible by the European Court of Human Rights on 6 November 2001, on the grounds that "a trial based on intent accusing a legislator aiming to settle one of society's pertinent problems, does not demonstrate a probable risk for the claimant. Furthermore, the movement cannot claim, without contradiction, that the law does not constitute an infringement of freedoms whilst at the same time claiming to be a potential victim of the enforcement of this law".

Similarly, an expert responsible for assisting the Committee of Legal Affairs and Humans Rights of the Parliamentary Assembly of the Council of Europe with the drafting of a report on the freedom of religion and religious minorities in France, concluded that: "The objective of the law is legitimate and covered by the provisions of Articles 9-11, sub-paragraph 2 of the European Convention on Human Rights, and, in addition, given the risks faced by the victims of sects, the need to act is pressing and the intended sanctions are proportional to the target outcome."

The lack of legal definition of a sect, in either French or European jurisdictions, does not change the reality of the existence of victims of aberrations of certain sectarian movements. This notion of sectarian aberration is constantly changing and the text-based approach must be pragmatic.

In the absence of a legal definition of a sect, the law represses all actions, committed within the specific context of mental hold, which infringe on human rights or fundamental freedoms, or which represent a threat to public order.

Article 223-15-2 of the penal code was elaborated on the basis of the About-Picard law and completed legislation regarding the fraudulent abuse of a state of weakness in 2001, extending already existent legislation to physical and psychological subjection.

It is therefore of little importance whether these aberrations are committed by sectarian movements, new religious movements, Bible-based religions or health charlatans.

Providing a certain number of criteria are satisfied, primarily the induction of hold,the State can apply repression.

Degrees of dangerousness can be identified on the basis of the following:

strong hold over the individual with changes in the personality of the new recruit

outrageous financial demands

rupture with the prior environment: demonization of the family, friends and all those who criticise the guru or the movement

damage to physical and psychological integrity

recruitment of children, anti-social approaches and disturbance of public order

importance placed on legal disputes

misuse of traditional economic circuits

attempts to infiltrate government authorities

elitism and one dominant individual

recruitment methods based on seduction

different lifestyle: community, proselytising, different clothing and food, refusal of conventional health care...

One single criterion is not sufficient and not all criteria have the same value. The first criterion is nevertheless always a factor in sectarian aberration. The inherent infraction of Common Law is only possible as the victim has been initially psychologically broken down and placed under the hold of a group or guru. Manipulation is the foreplay to criminal action. Common Law applies to a specific field characterised by restriction.

Article 223-15-2 of the penal code sanctions the fraudulent abuse of the ignorance or weakness of minors or of particularly vulnerable people (age, sickness or disability). It also now protects people subject to psychological or physical subjection, resulting from the strong or repeated application of pressure, or from the application of techniques aiming to alter judgement and lead people to commit acts or abstentions which could have serious negative consequences.

6 years after the adoption of this law, it is generally agreed that it is difficult for victims, ex-followers or the families of followers to prove a lack of consent or an absence of freedom, while the victim has often spent many years in the thick of a sectarian movement, thus giving the impression of having made a deliberate choice, or even a certain satisfaction.

This is actually a case of psychological control and the manipulation of an individual by another individual or group under the guise of a helping hand or affection. However, to the untrained eye, seen from the outside, it appears that a freely consenting decision has been made and proving manipulation or subjection is a task which will run into many obstacles, and the complexity of the system first and foremost. Indeed, the silence of the victims during the period of involvement, and also afterwards, owing to shame, the fear of repercussions against themselves or family members still in the movement, the fear of not being believed, and the hardship involved in having to denounce the reprehensible actions of family members in the movement, adds to the impenetrability of the movements and to the subsequent difficulties faced in establishing any proof.

Aside from more easily demonstrable and quantifiable material consequences, the prejudice suffered by a former member of a sectarian movement will be very difficult to evaluate, while their psychologically state is now fragile, sometimes beyond the point of no return. As the victim has apparently consented to the damage suffered, the matter of mending this damage is critical for the person's rehabilitation.

As is the case for certain victims of sexual crimes, it is important to specify that ex-followers, broken down by their years within the movement, powerless and ridden with guilt over their sectarian involvement, will often wait too long after leaving the movement before daring to lay charges, thus exceeding the legal deadlines for action. By the time they are ready to fight, they discover that it is too late for penal action. The period of physical and mental rehabilitation is often longer than the judicial period, which makes the ex-follower a victim of both sectarian aberrations and a lack of acknowledgement of his or her status as a victim.

According to Michel Monroy 1 "we can but reiterate all of the recruitment techniques which aim to recreate an initiation process in which future members partake, with the hope of progressing in the group hierarchy and gaining the acknowledgement of leaders. The acceptance of the rank of novice by candidates implies obedience and availability, i.e. as the stepping stones to progress. Breaks with their prior frames of reference are required. The pasts of every individual are rewritten, previously signed contracts are annulled and new members are incited to value only their loyalty to the group. A system of conformist modelling and manipulation is exercised together with the implementation of a permanent system delegating the decisions of each individual to the leaders of the group. This system is reinforced via sanctions and promotions which complete the training. The fear factor is used by vilifying the universe and by emphasizing the threat of expulsion.

Predispositions to mental manipulation are work-related or social. We must first take into account that manipulation strongly diminishes consciousness and that followers often deny their circumstances. With regards to individual predispositions, a strong desire for personal progress and perfection, a tendency to trust and a desire to follow anyone who might to offer the potential of an easier way out away from doubt and guilt could be mentioned. In terms of social mechanisms, manipulation is the answer to a general lack of demanding and unifying paternal role-models."

False promises made by a charismatic individual or group mark the beginning of the first of three stages of mental manipulation: the seduction stage, followed by the destruction of personality and the rebuilding of new points of reference. 2 "Followers must forget all of their previous references in terms of ethics and the understanding of the world and follow the instructions of the guru".3

Faced with the complex situation of having to determine the exact time at which an individual, having initially freely chosen to submit themselves to the demands of their new group, loses this freedom, in an induced state of subjection, the penal judge, in examining sectarian aberration case files, renounced to trying to define the notion of mental hold, both in the context of the enforcement of the About-Picard law and in the context of the implementation of other penal code texts, as there is no "anti-sectarian" legislation in France, only Common Law texts which can be applied to sectarian aberrations.

The consideration of mental hold in legal rulings

Many acts committed by sectarian movements could be sanctioned under penal law and thus constitute aberrations. Depending on their organisation and financing methods, the economic activities they develop and the lifestyles they lead, certain sectarian movements perform criminal acts of a specific nature. The importance of referring to the movement's doctrine and integrating this text into the investigation must be highlighted, as it almost systematically includes the ideology which advocates the violation of law.

Above all, however, it must be remembered that the infringement of Common Law was only possible because the victim was first psychologically broken down, and manipulated by a group or guru. Manipulation is the foreplay to criminal action. Common Law applies to a specific field characterised by restriction.

Mental hold as the context of criminal action in the absence of certifying psychological expertise.

Certain rulings do not mention the notion of mental manipulation in the selected incrimination, but do take this notion into account in the statement of reasons for the judgement.

The verdict of Saint-Etienne district court on 12 March 2001 sentenced several members of a movement for the corruption of minors, declaring "that a veritable sexual obsession reigned within the movement [...] and the problem of a sexually-charged atmosphere". Thus, a father, member of the movement, admitted to having forbidden his 15 year old daughter to attend an awakening course in August 1997, fearing that he would have to allow certain members of the movement to proposition his daughter with sexual relations.

1 - Psychological constraint.

The judges described, in great detail, the provisions established to exercise a psychological constraint, or hold, on the members of the group, both parents and children, to lead them to commit illegal practices. They particularly noted that "adult and minor members alike, had to repeatedly chant their obligation to wait until the age of 15 before being able to have full sexual relations; that the necessity for this constant reminder of this legal reference, which, according to Mr. H, occurred "every day of the course", was also testimony to the fact that minors in the movement were permanently incited to exaggeratedly satisfy their sexual impulses; that minors were subject to such incitements in their general adherence to the principles advocated by the movement, and that these incitements represent acts of corruption in accordance with Article 227-22 of the penal code."

The ruling emphasised the methodical sexual initiation encouraged by the members of the group. It noted that the Raelian movement conditioned teenage girls for sexual contact or sexual relations, arousing their impulsive desire to engage in multiple sexual acts with members of the movement.

In a verdict ruled on 24 January 2002, the Court of Appeal of Lyons increased this sentence on the grounds that "the serious nature of the acts committed by the defendants, guilty as charged, was not sufficiently acknowledged by the court; that under the guise of religious activity, the parties concerned had used their membership of the Raelian movement to systematically corrupt teenage girls introduced to the group, unbeknown to their parents; that the goal of this cleverly implemented system, was to make these minors consent to sexual relations as soon as they turned 15; that the four persons charged had each played an active role in this coordinated system of corruption and had subsequently enjoyed sexual favours, performed by these previously manipulated young minors, that the persons charged could not support their cause by claiming that they were victims of intolerance towards the followers of religious minorities as their actions clearly breached penal law; that to accord credit to their claims would be to justify plainly reprehensible actions, which the defendants attribute to a religious practice; that, moreover, the charged parties cannot claim that their acts are reasonable in view of contemporary ethics, as the law and morality have distinct fields of application, and attacks on the freedoms or dignity of humans still remain repressible".

Psychological constraint, as described here, resembles the induction of a state of subjection, as per Article 223-15-2 of the penal code.

In an order on 28 May 2004, the Paris Court of Appeal confirmed the ruling of the Melun Criminal Court of 26 March 2002, declaring C.B guilty of sexual aggression on a 15-year-old minor, ruling that the party concerned, the lover of the victim's mother, had exercised moral constraint over the child, taking advantage of the mother's permissiveness, the position of power which he held within the community, and the lack of educational reference of this young child.

The order reports on a terrorized child, who dared not move, of a child who had a great amount of trust in his abuser "who exercised a moral constraint over the child, knowing the child to be without educational references, very young and un-supported by his parents". The accused awakened sexual impulses in the children by noisily having sexual relations with their mothers in front of them.

2 - Psychological constraint as a context.

An order of the Besançon Court of Appeal of 30 October 1997, sentenced a doctor to two years suspended prison time and a 150,000 Franc fine, for fraud. Victims accused the general practitioner of homeopathy of having convincing them, using suitable arguments, to use dianetics to cure them of their suffering, essentially by psychic means. The order notes the persuasion to buy the book on dianetics, to attend conferences and to complete the personality test, to participate in hours of auditing or to take courses. It states that the accused had used his position as a doctor of homeopathy to persuade some of his particularly psychologically vulnerable patients "suffering from depression and who came to him as a doctor", in order to "provoke utopian hopes of healing or well-being".

This decision could be compared to the decision of the Montpellier Court of Appeal of 10 October 2001, in the field of civil family rights, ruling on the visitation and access rights of a father, belonging to a small "esoteric therapy" group.

The order limited the father's rights without using the term sectarian aberration. He was to see his child outside of the group and away from group members. The order mentions "the mental manipulation of group members" and "quasi-pathological psychological relations [...]". The Court based its ruling on "the injurious nature of thought systems which advocate submission to regulations, dictated by invisible masters speaking through the voice of one of the group members" and also on "the manipulation of the thoughts [...] of the members of the group". The Court concluded "the real danger of these practices for a child who is still psychologically and emotionally impressionable".

Mental hold as the context of criminal action certified by a psychological expert

Many acts committed by sectarian movements could be subject to legal action in virtue of penal law and thus represent proven aberrations.

Depending on their organisation and financing methods, the economic activities they develop and the lifestyles they lead, certain sectarian movements perform criminal acts of a specific nature.

To give an example, movements with therapeutic or healing claims expose themselves to breaching public health codes,and particularly the illegal practice of medicine or pharmaceutics,or manslaughter: destruction of property, fraud, betrayal of trust, deception with regards to substances or misleading advertising are regularly reported in relation to certain movements offering personal development services,or services to effectively and rapidly improve the potential of clients or members.

The use of repression, particularly in these fields, is not necessarily achieved by the accomplishment of mental hold, or the induction of a state of subjection. Nevertheless, certain rulings have illustrated that followers do not have much leeway in terms of freedom.

1 - Mental manipulation and the destruction of property.

The ruling of the Court of Appeal of Lyons of 27 July 1997 emphasised: "Scientology techniques involving auditings, auditings with electrometers and purification therapies, were actively discussed by Dr. Abgrall, an expert commissioned by the investigating magistrate. According to Dr. Abgrall, these auditings were presented as a mundane discussion between the auditor and the audited person (the student in many ways), and were used to obtain domination over impressionable or over-confident people. This technique was liable to engender emotional problems or emotional crises at the very least and hallucinatory problems or deliria possibly leading to suicide at the other end of the scale. Auditing using an electrometer, "an electronic apparatus which measures variations in the mental state of a subject by measuring significant deviations in electrical resistance", would be included as part of repressive conditioning therapy, far removed from the quest for freedom used as the basis to seduce the person. Purification therapies, presented as aiming to improve the spiritual and physical condition of a person via sauna sessions and physical exertion, in particular running, dieting and taking vitamins, could represent an amalgamation of groundless affirmations and surreal hypotheses and be effective in the context of mental manipulation, with possible lethal consequences due to direct or indirect toxic effects, by inducing a particular vulnerability in the person, rendering him or her susceptible to developing a psychiatric pathology with dangerous or suicidal tendencies.

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