The Words of the Krylova Family

Freedom of Conscience in Russia: The Unification Church and the Collegiate Association for the Research of Principles

by Attorney G. A. Krylova

Inspired with their easy success and the courtís complete agreement with their claims against Aum Senrike, the anti-cult committees decided not to content themselves with their achievements and to consolidate success.

Events went fast. On 18 April 1995, the court of first instance delivered a verdict to liquidate Aum Sunrise and ordered it to pay the Committee for Salvage of the Youth from Totalitarian Sects 20 billion rubles as damages for harm to the health of its believers resulted from Aumís activity. On 19 June 1995, the Court of Appeal, after considering this verdict, found no reason to rescind or change it and it was enacted. And, on 21 July 1995 ó just a month later ó a similar claim was filed with Dzerjynsky Peopleís Court of St. Petersburg. The claim was lodged by the Committee for the Protection of Family and Personality and required to liquidate the College Association for the Study of The Principle (the Philosophy of Unification) and to order the Association to pay the Committee 20 billion rubles as damages to compensate the Associationís victims for inflicted harm.

A Bit of History

Unification Church was incorporated in Russia on 21 May 1992 and spread its activity to a considerable degree. Besides there were several other public organizations incorporated and operated, that had no religious status but orientated themselves to the teaching of Sun Myung Moon. One of them was the St. Petersburg College Association for the Study of The Principle (CARP).

According to its Charter, recognized by the Justice Administration of the Mayorís Office of St. Petersburg on 9 December 1991, the Association was organized to study, promote and fulfill the ideas of the teaching of the Principle. The nearness to God was of special importance amongst its other proclaimed values. The Charter stated that the Association might prepare and carry out educational programs and seminars, charitable activity, etc. These provisions of the basic document, that specified the organizationís work, didnít raise any objection of the Justice Administration. Nor did the Associationís activity ó for a long time.

Itís of no wonder that the activity stated by the Charter furthered the process of turning some part of CARPíS members to religion. While religion activity, according to the laws, has been allowed to be performed without the incorporation of a juristic person, the believers chose to establish a legal entity and, on 31 October 1994, drafted the Charter of the St. Petersburg affiliate of the Holy Spirit Association for the Unification of World Christianity ó Unification Church.

Meanwhile the attitude of Russian community towards new religion movements changed a lot and reaction of the authorities was immediate. Nine days after the recognition of the Charter, the Justice Administration of St. Petersburg warned the leader of CARP about no tolerance for violations of the laws. To the officials, the specific violations consisted of promotion by the leaders and activists of CARP, that "pursued the aim to involve citizens ó first of all, the youth ó in religious activity," their beliefs by means of lecturing, seminars, and missionary activity connected with holding of services.

The authorities didnít seem to be embarrassed over the fact that the Act of Freedom of Religions declared the right of any person to choose, have, and promote religious beliefs, and freely perform religious rituals and ceremonies as well. The International Civil and Political Rights Pact (Article 18) declares the right of a person to freedom of thought, conscience, and religion, including the right to have or adopt a religion or beliefs on oneís own; the right to preach oneís religion and beliefs both personally and in co-operation with others and in public or private way; the right to worship, perform religious and ritual ceremonies, and practice a religious teaching. Freedom of religion, including the right of a person to freely choose, have, promote, and practice religious beliefs, including organization of religious association, is also guaranteed by the Russian Constitution.

In this case, it was hardly true that the authorities considered sound reasons. As the Charter recognized by them stated the study of The Principle ó a religious, in essence, teaching ó it was absurd to assume that all members of CARP would be either atheists or believers of other religions and that no one would turn to the teaching of Unification Church.

Thus it was the authorities who violated the laws. The members of CARP might hold services, choose, have, and promote their religious beliefs because the laws secure the principles of freedom of religion and one was not allowed to limit anyone in exercising of these rights.

On 16 February 1995, the religious association of the St. Petersburg affiliate of Unification Church filed with the Justice Administration of the Mayorís Office of St. Petersburg a petition to recognize the founding documents.

According to the Rules of Recognition of the Charters of Religious Associations of 8 June 1994 sanctioned by the Order of the Ministry of Justice of the Russian Federation, such a petition was to be considered within a month after its filing.

However, the Chairperson of the Board of the St. Petersburg affiliate of Unification Church received a reply from the Deputy Director of the Justice Administration only six months later. The reply noticed that the documents had been sent to the Expert Advisory Council at the State Duma [Parliament] of Russia. (Later, still having not sent them to this Council, the Justice Administration rejected the petition to incorporate the affiliate of Unification Church; among the grounds was cited the judicial process against CARP).

The Claim of the Committee

On the same day, 21 July 1995, the Committee for the Protection of Family and Personality filed a claim with Dzerjynsky Peopleís Court of St. Petersburg to liquidate CARP as an organization that systematically violated its Charter in its work and to order CARP to pay the Committee for the Protection of Family and Personality 20 billion rubles as damages to compensate CARPíS victims for inflicted harm.

The claim stated that CARP, which was, in fact, a religious sect, destroyed the psychological foundations of human personality, family, and society medium by means of believersí minds manipulation; forced a set of unnatural moral and ethic requirements that were alien to native Russian psychosocial background; by means of restrictions on sleep and nutrition, extensive monotonous work deteriorated the mental and physical health of CARPíS members, limited their mental development; and the last: the activity of CARP had added to exacerbation of the demographic conditions and worsening of the nation stock.

Absurdity of such statements is so evident that they could hardly be the subject of a trial. This notwithstanding, in violation of civil law, the claim, far-fetched and unfounded, was not rejected. First, the Committee for the Protection of Family and Personality had no right to demand neither liquidation nor reimbursement for harm.

According to the Civil Code of Russia, Part 3, Article 61, a claim to liquidate a juristic person may be filed with a court by a state agency or an institution of local government, that are granted the right to file such a clime. According to the Federal Act of Public Associations of 14 April 1995, Article 44, a claim to liquidate a local public organization is to be filed by the prosecutor of the corresponding subject of the Russian Federation. The right to be compensated for harm to mental and physical health is granted only to the subjects of violations, that is specific natural persons, victims.

The Committee had no legal interest in the case, that is its action was dealt with the protection of other personsí right. This, according to the Civil Code of RSFSR , Article 129, Paragraph 1, should have entailed rejection of the claim. If the court found that the Committee came out to protect other personsí right and didnít rejected the claim in violation of the above provision, then, according to the Civil Code of RSFSR, Part 2, Article 33, the court ought to have informed the "victims" that the prosecution was instituted and it should have had them involved in the case as plaintiffs. For two years, CARP has demanded that the "victims" should appear at the trial, but the court not only repeatedly found it unnecessary to comply with such requirements, basing on the Prosecutorís conclusion, but also refused to consider it at all.

In spite of requirements as to the content of a claim set by the Civil Code of RSFSR, Article 126, the Committee didnít point out neither specific circumstances as a basis of its demands nor evidence that supported them nor list of documents that backed up the position of the plaintiff. Itís evident to any sensible individual ó not only to a jurist ó that loud announcements about exacerbation of the demographic conditions in the country and worsening of the nation stock and the like may not be considered neither as circumstances substantiating a claim nor as evidence in a civil case. The claim didnít specify who, when, and under which circumstances suffered from CARPíS activity; specifically what constituted damage supposedly inflicted on the mental and physical health of unknown persons; specifically from what aftermath to their health suffered the persons involved in the work of CARP. Accordingly, there was given no evidence of medical nature that concrete harm was done to a concrete person, that is the findings of medical examinations on victims, certificates from medical institutions, the findings of expert forensic committees, etc. , that stated the dangerousness of traumas (mental and physical) and prescribed treatment. The subjects of allegedly violated rights, victims, were depersonalized: there is still no list of victims provided who supposedly suffered from the actions of CARP, their circle hasnít been defined. The natural persons who are members of CARP, V. N. Babkin, E. V. Russkikh, O. A. Stepanova, I. O. Nalimova, and whose names were given in the claim, are major and competent and not only havenít submitted such claims but also categorically object against them.

The claim amount of 20 billion rubles is unsubstantiated and unfounded: the claim contains no references as to who, on what specifically and to whose benefit, will spent the award, that is it gives no cost of care for specific victims, no cost of their additional nourishment, no cost of resort treatment course, no extent of inflicted professional disability, etc.

Why we discuss here the short-comings of the claim in minute detail? They look to be evident. The basic why is to give a reader an opportunity to judge how courts themselves ignore the laws and neglect human rights. This claim was patterned from the claim to liquidate Aum Senrike ó the self-same accusations of mind manipulation, allegation of caused harm, and the claim amount of 20 billion rubles.

Basing on the claim of the Committee for the Protection of Family and Personality, the court instituted legal proceedings, and, on 30 November 1995, the Justice Administration refused to recognize the Carter of the religious organization. Among the grounds, there was a reference to the legal proceedings against CARP (the claim of the Committee for the Protection of Family and Personality) and impossibility "to grasp the idea of the dogmas, worship, and missionary activity of the St. Petersburg affiliate of the Holy Spirit Association for the Unification of World Christianity ó Unification Church and to recognize the above organization as a religious one. " The rejection became the subject of an appeal, but the court of appeal hasnít considered it as yet.

Heavy Artillery

CARP submitted to the court a very blunt opinion about the claim, pointing out that its was preposterous and the demands in it were illegal. After having acquainted itself with this opinion, the Committee for the Protection of Family and Personality filed a new claim repeating its far-fetched allegations against CARP and demanding 20 billion rubles more as compensation for moral damage to the parents of CARPíS members who [parents] are on the Committee for the Protection of Family and Personality, namely N. V. Babkina, N. K. Russkikh, and E. V. Chernickova. According to the new claim, it was the estimated equivalent (in term of money) of "the personal nonmaterial rights and all belonging to them, as being parents and members of families, nonmaterial welfare that connect to their parenthood, families and family relationship. " The claim also stated that CARP prevented the state of Russia to carry out its main constitutional duty ó to observe and protect the citizensí rights and liberties ó thus encroaching on the foundation of the constitutional order. Of course, the claim hadnít specified the way how an organization of less than 100 persons could prevent the state of Russia to carry out its main constitutional duty.

At the same time, an identical claim was filed by the Interregional Committee for Salvage from Totalitarian Sects ó it was signed by N. K. Russkikh, its Chairperson and a member of the Committee for the Protection of Family and Personality in one face ó with Peopleís Court that demanded to order the organization to pay the same persons 20 billion rubles (N. K. Russkikh was among those to be paid to).

The total of the three claims had amounted to 60 billion rubles.

While the jurists set in authority didnít admit that the committees had no right to file claims to liquidate CARP, they paid attention to the problem. And came time for heavy artillery.

On 15 January 1996, the Justice Administration of St. Petersburg lodged a claim to put a stop to CARPíS work. All the claims ó those of the Committee for the Protection of Family and Personality, the Interregional Committee for Salvage from Totalitarian Sects, and the Justice Administrationís ó have been merged into one legal case. Thus there have been the three plaintiffs with claims to CARP.

It was evident to jurists and understood by officials from the Justice Administrations that in accordance with the Russian laws all these committees had no right granted by the law to file such claims with a court. Moreover, the evident preposterousness of their claims suggested that they had a vague notion about legal technicalities and it was very unlikely that they could back up the claims. It seems to be the whys that caused the Justice Administration, that had heretofore assumed a formally neutral position at the trial and had been a third party at the trail, to file its own claim.

The claim enclosed a note about an inquiry into CARPíS activity and a warning resulted from the findings. In addition to the above allegations of religious activity against CARP, the note also pointed out that, "it follows from the findings of psychologists that the activity of organizations that use in their work the teaching of S. M. Moon is connected with structural deformation of human personality and entails special psychological, psychiatric and social readjustment, and such organizations manifest the signs of Ďdestructive cultsí. " The note said that it was necessary "to appoint experts to do an official psychological examination," but before its scheduling the note already concluded, "CARP systematically violates the Russian Constitution (Par. 2, Art. 17 and Par. 1. 2, Art. 38), The International Civil and Political Rights Pact (Part 3, Art. 18), and The Childís Rights Convention (Part 1, Art. 9), transforming the values of CARPíS members by means of especial psychological influence. "

Doing its best to support the committees, the Justice Administration overlooked the fact that the Federal Act of Public Associations in its Article 42 stipulated that a Justice Administration might submit a claim with a court to stop the activity of a public association after two warnings in writing, if the warnings didnít become the subject of an appeal and a court didnít find them not to be based on laws. CARP filed an appeal against the warning of the Justice Administration with Octyabrskiy Federal Court of St. Petersburg, thus the claim of the Justice Administration was a premature action.

Facing the vigorous protest of the CARPíS representatives against the claims, the court closed the session and put off the hearings, having not started to consider the substance of the case.

Now the Prosecutorís Office, that had taken a formally neutral position up to that time, filed a claim with the court to liquidate CARP; the Office grounded its demands by citing the self-same findings of the Justice Administrationís inquiry into CARPíS activity and repeating the accusations that CARP performed religious activity. Naturally, the claim contained no trace of the fact that some members of CARP had been trying to have the St. Petersburg affiliate of Unification Church recognized in a formal way for a long time, that the Justice Administration afforded itself to take the approach of red tape and procrastination when refused to recognize the affiliate, and that the appeal against the refusal was not considered in due terms. Finally, having overcome formal obstacles, on 26 April 1996, that is more than nine months after the submission of the first claim, the court tried to resume the hearings.

The Direction of the Main Attack

As the court found it possible to institute legal proceeding basing on the claims of the Committees, which named parents of CARPíS members and their children as victims of physical and mental abuse, the attorneys of CARP, in accordance with the Civil Code of RSFSR, Article 33, tried to have the named persons participate in the trial as plaintiffs. Article 33 states that the person, on whose behalf the action has been instituted by a prosecutor or other organization that has the legal right to file a claim to protect other personsí rights and interests, is to take part as plaintiff in the trial initiated. Of course, the court rejected the petitions to have these persons participate in the trial, as it was clear to everybody that the major and competent children didnít share the viewpoint of their parents, members of the Committee, and would refuse to be held victims, and, therefore, would withdraw the claim as well. The court had no legal right to have ignored this. As to the parents, they were involved in the case as third parties, as otherwise the court in its verdict should have specified who specifically would be recipients of the amount claimed; it would have cast a shadow of doubt on the desire of the committees to be sole recipients. This position of the court was not based on laws and it was pointed out by the CARPíS attorneys.

Having considered the above petitions, the court went on to read out the claim of the Committee for the Protection of Family and Personality and to hear V. A. Rychkovaís [the Chairperson of this Committee] elucidations. In her passionate speech, she exposed "an act of hostility by the foreign intervener," that is Unification Churchís missionaries, and drew the courtís attention to "the especial threat to the society posed by the organization that possesses a psychological weapon" and wittingly caused harm to human health. She also mentioned the methods: zombieing, implanting with ideas, reform of thinking process. To Rychkova, as a result of their application CARPíS members had become psychologically, mentally and socially incapable. She recommended deprogramming as treatment.

Virtually, the Chairperson didnít answer any concrete questions of the CARPíS attorneys. She failed to substantiate the claim amount. Nor did she explain why she held the parents to be victims, while not considering their children, members of CARP, as such (for the parents had been not undergone "zombieing," as opposed to the children). Nor did she explain who would be the recipient(s) of the award and on what purposes it should be spent. V. A. Rychkova failed to give any specific fact of CARPíS violation of any law provisions. Nor did she provide any medical certificate supporting the claim allegations of the deterioration of the physical and mental health of CARPíS members. Responding to repeated inquiries to try to substantiate somehow the claim amounts of the two claims of 40 billion rubles in total, the professional fighter against non-traditional religions began to tell about upsetting thoughts "that haunted distressed parents," when their children were taking a great interest in the teaching that is alien to Russian spirit.

Of course, the claim, which its author failed to clarify, sounded more impressive: "The activity of the organization ó which is, in fact, a religious sect ó results in destruction, through sectariansí minds manipulation, of the psychological foundation of human personality, and therefore that of family and social mediumís; in harsh implanting with a set of unnatural moral and ethic requirements that are alien to the native psychosocial background of Russians and the real conditions of life in Russia; in creating and maintaining the state of mental overtension connected to the promotion of the inevitability of World War III and the end of the world thereby leading to neuroses, bouts of derangement, exacerbation of the demographic conditions in the country, and worsening of the nation stock. "

The questions of the CARPíS attorneys made V. A. Rychkova and, perhaps, the court understand that the claims wanted at least minimal grounding. The Chairperson of the Committee asked the court to take a recession for her to prepare to further explanations and categorically renounced the claims the next day. It was a bolt from the blue for the court and posed a question to the trial parties ó and, first of all, to the prosecutor and the Justice Administration ó about possible acceptance of the plaintiffís refusal, as in this case the Committee would supposedly leave the parents of CARPíS members without protection. A heated discussion followed and resulted in everybodyís awareness that these parents, Babkin, Russkikh, and Chernickova, were also on the Interregional Committee for Salvage from Totalitarian Sects, that also demanded to liquidate CARP and exact 20 billion dollarsí award from it. Thus the officials were not lonely in their struggle, as they were supported by general public in the person of the above individuals. (Meanwhile, according to the Civil Code of RSFSR, the court had no right to discuss the plaintiffís refusal but ought to have accepted it immediately. )

Then the court took a recession for two weeks and asked the Interregional Committee for Salvage from Totalitarian Sects to substantiate its claim properly. However, it was unclear why the court didnít go on to the hearings on subject of the claim of the Prosecutor or Interregional Committee at once. The attorneys of CARP had formed an opinion that their opponents, and also the court, that made its posture quite clear (for it was hardly reasonable to suppose that the court not only didnít know the laws but also, being forced by the demand of the CARPíS attorneys to turn to the body of the laws, nevertheless rendered the decisions that went against the laws), wished to digest the results of the first two days of the hearings and take them into account in the future. The recession come to its end, but the court failed to resume the hearings: the Interregional Committee for Salvage from Totalitarian Sects asked more time to prepare for the trial. Having not inquired what was the cause that made it impossible to prepare for the trial within so long a time, the court agreed for more time. The attorneys of CARP filed a petition with the court to order the plaintiff to specify the claim, that is to define more exactly the amount claimed, the list of victims, etc. , and to provide specific proof of the claim, as they felt that the trial clearly became the subject of procrastination. The court complied with the petition and ordered the Interregional Committee to make the claim more specific. The court didnít go on to the Prosecutorís claim.

The new session began with traditional petitions filed by the defendantís party to have the members of CARP and their parents participate in the trial as plaintiffs. According to the allegations by the Interregional Committee, these person suffered from CARPíS work. Of course, the court rejected all the petitions. Then the Committee for the Protection was offered to provide a specified claim according to the courtís order. However it turned out that the two months were not enough time to prepare it and the presiding judge put off the hearing till the next day, stating that she would fine the Committee for non-execution of the courtís order in case a new claim be not submitted. This severe warning resulted in now the third claim, filed on 9 July 1996 and absolutely identical to the previous two ones. It also stated that CARP "controls the minds and way of life of the member of the families. . . , has taken away their rights and liberties. . . . Thus, being a public organization, CARP has prevented the state of Russia to carry out in regard to the above young citizens of Russia, as members of their families, its main constitutional duty ó to observe and protect their human and civil rights and liberties ó . . . that constitutes an encroachment on the constitutional order. . . "

The court seemed to understand that it was very unlikely that the Committee for the Protection was capable of providing something more specific than the allegations against CARP of encroachment on the constitutional order and preventing the state to protect the youth and family and went on to read out the claim of the Interregional Committee.

Then the floor was given to its Chairperson Russkikh to explain the claim. She didnít confined oneself to the claim that accused CARP of encroachment on the constitutional order. CARP turned socially active and worthwhile individuals, she said, into passive persons by means of psychological suppression and mind control, etc. The Chairperson claimed that the question about a threat to society posed by Unification Church, and CARP as its part, was repeatedly put to a number of the governments of European countries and the European Parliament, where these organizations had long been recognized to be totalitarian sects or destructive cults that used indoctrination and zombieing. She said that the result of this influence, that involved drugs, was psychomutation of personality. The organization exercised mind control on the level of under-cortex layers, therefore, in fact, suppressing the left hemisphere functions responsible for logic and rational thinking. The leaders of the organization who called on its members to perceive God with their hearts affecting them through prayers and religious songs are especially to blame. Her own explanations that she attended almost all their seminars and services for several years notwithstanding, Russkikh accused CARP that it was closed to the man in the street. She felt that CARPíS members had given up active life, because of the organizationís prohibitions they didnít read books and received no information about the life in Russia, and they had developed addiction to the teaching of S. M. Moon similar to drug addiction. They abandoned their families, "their intellect reduced. " The plaintiff cited the activity of "The Network for Informing About Cults" as positive experience of "deprogramming". She concluded her speech with the words that all CARPíS members, including her daughter Eugenia, were victims and needed involuntary inpatient psychiatric treatment for 16 months. "A question about isolation, work with family is being considered ó all these thing entail a lot of money. " (Vol. 2 of Case 2-2831, p. 12)

Russkikh read out her speech from a previously composed text and, while the laws stated that the court and the parties should have received the text and it could have been included in the case records, the court refused to comply with legitimate demands of the CARPíS attorneys to provide the text. It should be noted that the court prohibited to use a tape recorder.

Summarizing the answers of Russkikh to the question asked by Robert Beebe, one of the CARPíS leaders, and the attorneys, one could arrive to a general conclusion that, according to her:

The philosophy of the Principle was alien to Russia and its adoption by Russians might result only from the aggression by a foreign organization that used psychological and psychiatric techniques to archive world superiority.

The principle of freedom of religion was incapable of being applied to new religious organizations, as all of them were sects that made the people subjected to manipulation somewhat psychologically, intellectually, and socially incompetent.

It was unlikely that a Russian might become interested in an unconventional religion and, furthermore, adopt other religion or become an activist of a religious organization voluntarily, but only as a result of "a dependent personality disorder. "

CARPíS members manifested evident signs of zombieing: they always read books with Moonís portraits and other religious literature, prayed, paid no attention to material welfare.

The study of the English language by CARPíS members was nothing else than special neurolinguistic programming that lead to bouts of derangement.

Psychomutation of personality, in other words, dependent development of personality, was listed in Section F 60. 7 of ICD-10 (International Classification of Diseases, tenth version).

As CARPíS members had been zombied, they needed to be deprogrammed, the process of which was detailed in special literature and consisted of recovery of the mental health and social rehabilitation of the individual put in isolation from the sect.

The court should deliver a verdict to rehabilitate CARPíS members, as they didnít want to undergo treatment voluntarily, with possible isolation from the society at special rehabilitation centers.

A rehabilitation center was an secluded boarding-house, the average term of rehabilitation was about 16 months of psychiatrists and psychologistsí incessant work to restore normal mentality.

The amount of 20 billion rubles should be paid to the Committee to carry out all necessary rehabilitation activities; N. K. Russkikh failed to explain why the amount might not be paid to the alleged victims.

The additional amount of 20 billion rubles of the new claim should be paid, as it was asked by N. K. Russkikh, to the Committee as damages for detriment to the suffered parents, that is to her, Mr. Babkin, Mrs. Chernickova, and other persons whose circle she also failed to outline.

She could not name specific victims of CARPíS work beyond the three present parents, Russkikh, Babkin, and Chernickova; as to other parents, especially those 35 parents who signed a public letter with a protest against the trial and stated that they had no objections against their childrenís involvement in CARP, they were "terrible, fallen creatures. "

The Chairperson of the Committee concluded her speech with the words that expressed her certainty that the Committee could provide leadership for deprogramming process in case of funding.

N. K. Russkikh had to admit that:

She didnít interview any children who were members of CARP when the Interregional Committee considered the question to file a claim.
She failed to explain how specifically CARP prevented the state of Russia "to carry out its main constitutional duty" and how it "encroaches on the foundation of constitutional order. "

All those she called "children" were major and their competence was not limited by a court order. She was unable to provide any medical certificates that supported the fact of CARPíS members and their parentsí health deterioration; she was unaware whether any former or present member of CARP saw a psychiatrist because of health deterioration.

No one of children who were CARPíS members refused to live at home; they watched TV, etc. She could not provide concrete evidence that the will of CARPíS member was being suppressed by the organization; and that was her subjective opinion based on national and international studies (we will discuss this point later).

The trials of activists of "The Network for Informing About Cults", including Tad Patrick, and courtsí decisions to order to pay damages to victims of "deprogramming" were just evidence that totalitarian sects were powerful and dangerous, and therefore might not be considered by a Russian court.

N. K. Russkikh was still unable to answer a question who were, according to the claim, the victims of and who suffered from CARPíS activity. Nor did she clarify the following problem: if CARPíS members needed rehabilitation, werenít they the alleged victims? In the light of this situation the court granted the Committee time to make its position more certain.

In this connection, the CARPíS attorneys explained to N. K. Russkikh that the court might not order to have CARPíS member "undergo rehabilitation and recovery of their intellect" or to isolate them from CARP or Unification Church. The court agreed with this explanation absolutely. However the Chairperson of the Committee kept insisting that if the court held the best interests of the youth at heart then these problems should be solved at the same trial, or there was no sense in CARP liquidation, as children would continue to believe in the teaching of Moon. She proposed as a least step to have CARPíS leaders be deported from Russia by appropriate agencies.

Also, the CARPíS attorneys filed a petition to oblige the Interregional Committee to provide evidence, as the Civil Code of RSFSR, Part 1, Article 50, stipulated that a plaintiff should prove the facts referred to as the grounds of its demands. The ungroundedness of the loud statements by N. K. Russkikh not only limited the defense of CARP, for the organization had been deprived of the possibility to refute concrete accusations, but also prevented the court to comply with the claim of the Committee.

The court was so tired by the attempts of N. K. Russkikh to reform the civil laws in the scope of this single trial that it ordered N. K. Russkikh to provide evidence to ground the Committeeís demands together with a more specified claim and took another recession.

The final fruits of the Committeeís membersí reflections was the statement of N. K. Russkikh that the Committee had made more specific only one point of the claim: the circle of victims considered to be undefined and subject to determination only at the trial.

The following was provided to the court as evidence that CARPíS activity was dangerous: the claims of the Committeeís members filed with the Justice Administration; the statements by Russian Orthodox Church about the dangerousness of sectarianism; "expert" findings concerning the dangerousness of new religious movements; and also the books and booklets published by Unification Church, including the works of the Reverend Sun Myung Moon. It turned out that the Committee had been supplied with all the materials by the Justice Administration, thus the court, the parties, and the attending public had one more possibility to see the persons behind the Committee.

Sine Ire et Studio (Without Anger and Bias)

While the discussion whether to include these materials in the case records and material as evidence, the incautious words of a judge not only showed the courtís attitude to CARP and Unification Church (it might have been inferred earlier from the progress of the process) but also virtually exploded the session. For all the time, the choice of terms by the parties and the court had been a burning issue for the CARPíS representatives. It had become a usual practice not only for the Interregional Committee but also for the judges, (Peopleís) assessors, the prosecuting party, and the Justice Administrationís representatives to use such words as "sect" and "totalitarian sect. " The CARPíS attorneys had to claim that, in the Russian language, these words were colored negatively; that they were not used by the laws of the Russian Federation; that they had no legal meaning; and that CARP had been incorporated as a public organization and Unification Church as a religious one.

The court had to agree with the CARPíS attorneys that all religious organizations were equal in the eyes of the law, and therefore no such an organization might be called "a sect", and asked the parties not to use these words and to choose more appropriate terms of address to the defendant in the future.

This notwithstanding, while the discussion whether to include the book of the Reverend Sun Myung Moon in the case materials, the formal objectivity vanished into thin air. Holding the book in his hands, one of the assessors asked aloud, "What is it? Mein Kampf?"

In accordance with the Civil Code of RSFSR, Articles 17, 18, the assessor was immediately challenged by the CARPíS representatives because his words were regarded as raising a doubt about his objectivity and unbiasness. It was evident that the assessor, who was not familiar with the works of the religionís founder, the study of which was stated as an objective of the organization in its Charter, and compared the works with the well-known book by Adolf Hitler, thereby determined his attitude to the trial outcome.

The court rejected the challenge. In its decision on the issue, it stated that the assessor asked a question about the document that contained no judgment and expressed no opinion on the subject of the case. Thus the court found no reason to challenge his objectivity. It should be noted that the court found it unnecessary to include in the decision the assessorís words, which became the cause of the challenge.

Then followed a challenge to all the judges and assessors, as the decision and its text itself, in the eyes of the defendant, testified that the trial was unfair. The CARPíS attorneys cited not only provisions of the Russian laws but also Article 14 of the International Civil and Political Rights Pact, that declared the right of any individual to get a fair and public trial by a competent, independent, and unbiased court to determine his/her rights and duties. The court found it not offense to compare the book of the Reverend Sun Myung Moon with the book by Adolf Hitler, thus, in fact, sharing the opinion of the assessor and showing its attitude to the defendant as well.

However the challenge to the court was rejected. This time, the decision quoted the question, "What is it? A kind of Mein Kampf?", but pointed out that the court, rejecting the challenge, "hadnít shared the opinion of the assessor, but evaluated the question asked by one of its member."

Compelling Evidence

Then the court resumed the discussion whether to file the evidence provided by the Interregional Committee. (It should be noted that while the above sessions neither one of the leaders of CARP, Robert Beebe, nor the CARPíS attorneys was given an opportunity to comment the claims; the court merely filed their written objections. )

The Committee asked to file as evidence The Expert Opinion on the Phenomenon of Hidden Abuse Expressed in Purposeful Establishment of Illegal Control Over the Minds and Lives of Individuals Without Their Voluntary and Informed Consent by A Single Person or A Group of Persons by the assistant professor of the School of General Sociology and Social Work of Lobachevsky State University of Nizhniy Novgorod, E. N. Volkov. According to N. K. Russkikhís explanations, this so-called expert opinion revealed the vehicle of "sectarians zombieng. " The author, Ph.D. , detailed his opinion on mind control and manipulation applied by destructive cults, including totalitarian sects. "While the process, the victim of deception and manipulation becomes incapacitated in terms of psychological, intellectual, and social life ó to various extents, that somewhat resembles the conditions of trance, unconsciousness, and paralysis. " E. N. Volkov made direct references to Dr. Margaret Singer to ground his conclusions. He emphasized "brainwashing" and mind control as different techniques of illegal mental influence on human mind and described the conditions needed to archive control over the thinking process, being a kind of mind control, and the three stages to establish control over human mind. He also listed typical problems of "victims of mind control by a cult" that included depression, psychosomatic symptoms (head ache, back ache, asthma, skin disorders), sleep disorders, spiritual "abuse," sexual disorders, deterioration of physical health and disease, deterioration of mental health, including hallucinations, anxiety, paranoia, disorientation and a split personality. As potential harm, the wise man saw "psychiatric disorders such as hallucinations, distorted perception of reality, a split personality, bouts of derangement, psychopathic episodes, paranoia, a superiority complex, regression to childhood, suicidal thoughts,. . . withdrawal, hostility, paranoia and apathy to conventional society," and so on and so forth. The last passage of this pseudoscientific work worth quoting at some length: "Thus the opinion reveals the main signs and consequences of dangerous and illegal activity such as abuse and fraud in the most complicated and subtle sphere of human psychology and social and personal life, the mental and spiritual state of the human mind. This criminal activity, called Ďmind controlí by the psychological science and practice in a number of countries, and the subjects of this activity, defined as Ďdestructive cults,í have been studied and analyzed well enough to determine with high precision whether the practices of definite persons and organizations show the signs of hidden mental abuse and fraud. Regular and wide application of the above methods of mental abuse (a considerable part and especially the most of them) by the leaders or adherents of some organization may be unquestionable evidence that such an organization damages the psychology and life of the people who are in the sphere of its influence. "

The position of the CARPíS attorneys against filing this opinion was based on principle considerations. In its most part, the opinion had been built upon the works of Margaret Singer and strewn with references to and quotes from them. The modern psychology and sociology didnít consider the term "destructive cult" indisputable. In any case, American Psychological Association and American Sociological Association stated that the US courts should not accept the evidence of Margaret Singer and Richard Offsher, the main proponents of this concept, in the force of its scientific ungroundedness. Moreover, any religion, including a conventional one, fitted many definitions actively used by E. N. Volkov. And finally, this opinion might not be considered to be relevant evidence because the text of the opinion showed that the expert hadnít examined any CARPíS member and therefore, according to the Civil Code of RSFSR, Article 53, he could not prove or disprove the facts in issue contained in the Committeeís claim (deterioration of the health of CARPíS members, "their reduced intellect", etc. )

The Justice Administration, that admitted that the opinion resulted from its request, came out in support of the Interregional Committeeís petition to file the opinion. Nevertheless the representatives of the Justice Administration had to admit that the text of the opinion hadnít disclosed the defendantís specific activity and claimed that the "expert" would prepare the second part of the findings that would be directly related to CARP and Unification Church.

The court decided to get back to this "evidence" during the next session.

The court was provided with The Report of the Army Medical College on Treaty on Co-operation between the College and the Committee for the Protection of Family and Personality of 17 January 1995 that occupied one printed page. The Report stated that there was made a study of 38 young people who were the members of different "asocial pseudoreligious sects," also there were some activities performed, including more than 200 psychotherapeutic session, interviews, meetings with young people and their parents as well. Thirteen parents of victims were interviewed and their conditions were adjusted. The Report contained no data and especially that of medical nature.

The Report gave an analysis of various stuff of religious content: 10 videotapes, 15 audiotapes, the printed matter of different religious organizations, including The Witnesses of the Lord, Unification Church, Society of the Consciousness of Krishna. The College staff revealed here "purposeful suggestions arranged as rational and emotionally stressful influence aimed for social and mental reorientation, transformation of values, and binding to the religious organization. "

The study concluded:

1. The involvement of young people in a social religious groups leads to destruction of family relationships, retards their mental and social development, distorts the structure of their personalities, and requires special psychological, psychiatric, and social readjustment.
2. The condition of the individuals involved in the religious organizations is capable of being psychologically and psychiatrically readjusted.
3. The parties find it necessary to continue with the co-operation on a basis of the re-concluded bilateral treaty. "

The document was signed by Dr. A. N. Khlunovskiy, MD, who seemed to find it not necessary to provide any medical documents as grounds of his conclusion ó as did earlier Professor Yu. I. Polischuck. The analytic and concluding parts of this "report," approved by the Director of the College after co-ordination with the Clinical Deputy Director of the College, had taken one page and nevertheless it permitted the representative of the Committee to claim that the reportís conclusions were scientifically grounded.

As the document didnít specify whether those supposedly studied young people included CARPíS members, the court also decided to get back to this document during the next session, that followed after the CARPíS attorneysí objection.

Honoring the request of the Committee, the religious literature of Unification Church, another sensational proof that CARP mentally affected its members, was included in the case materials, but it in itself didnít testify for supposed harm at all.

While sessions, CARPíS members crowded behind the doors willing to be interrogated and answer any questions, including those which concerned their mental health, at any time. Also, they were ready to provide medical certificates. But the members of the anti-cult committees insisted that CARPíS members suffered influence of "the totalitarian sect" were incapable to evaluate their own state of health reasonably and were incompetent in the force of the above influence, so there was no reason to interrogate them. The court found their interrogation premature too.

Who are insane? Believers?

Thus the plaintiffs and court had faced a necessity for appointing experts, for it was necessary to acquire true knowledge about the facts as resulted from an expert examination to deliver a verdict concerning harm by CARP to its members. Obviously, the findings of Professor Polischuck as evidence that Aum Senrike had done harm to its members at the trial of Aum had been inspiring hope. Besides the Committee had already arranged, as it would turn out later, with a number of willing psychiatrists to receive a required opinion. And neither the judges nor the prosecutor nor the Justice Administration, the representatives of which were still taking part in the trial, was embarrassed at the fact that the question to schedule a psychiatric examination on CARPíS members had been raised by the Interregional Committee and discussed by the court having no medical documents or testimony that testified to changes in the mental sphere of CARPíS members and even having not questioned them, let it be a superficial interrogation, but it would have allowed to form an opinion about the presence of such changes. In fact, the question to schedule a psychiatric examination on CARPíS members had been raised only because of their religious beliefs and membership of the organization.

The arguments of the CARPíS attorneys that Article 10 of the Federal Act of Psychiatric Care and Guarantees to Citizens While Its Providing prohibited to make a diagnosis that an individual was suffering from a psychiatric disorder basing it just on his/her disagreement with the moral, cultural, political, or religious values accepted in the society or other reasons not immediately connected to his/her state of mental health had been regarded as demagogue aimed at creating obstacles to justice.

As early as in its claim, the Interregional Committee raised a question to do a psychiatric examination on all CARPíS members. It seemed that the Committee became aware of the civil action rules that specified how to schedule and make an examination only at the trial. Neither N. K. Russkikh nor the attorney of the Interregional Committee had submitted with the court a properly composed petition with a list of the questions to be clarified by experts, the names of the expert agencies or other specialists to make an examination, and explanations concerning reimbursement for law expenses, as expert witnessesí fee and reimbursement for other expenses connected to the examination should be provided by the party that submitted a petition to do the examination, that is by the Interregional Committee. The plaintiffs merely submitted a petition to do an examination that should confirm the fact of harm caused by sects and insisted that the examination should be made by the well-known specialist in this field, Yu. I. Polischuck, F. V. Kondratyev, A. L. Dvorkin, while inpatient attendance of CARPíS members at Serbskiy Center of Forensic and Social Psychiatry. N. K. Russkikh claimed that the Interregional Committee had worked out a preliminary arrangement with these experts for their participation in the trial of CARP.

Yu. I. Polischuch was infamous for his expert findings stated that the activity of The White Fellowship, Bogorodichniy Center, Aum Senrike, The Consciousness of Krishna was accompanied with harm to human moral, mental, and physical well-being and personality. The following is conclusions of Professor Yu. I. Polischuck listed for those who are not familiar with the trial of Aum.

According to the Professor, such harm that manifested as delirious disorders, pathologically overvalubale ideas and accompanied with other illnesses, including cessation of reproductive function, resulted from hidden mental abuse and mind manipulation under the guise of sermons, rituals, etc. The findings had been grounded on parentsí letters to newspapers and the Committee for Salvage of the Youth from Totalitarian Sects, on news articles and an analysis of religious books, including that of Swami Prabubhada A. Ch. Bhaktivedantís. On 2 March, the findings were disavowed by the Presidium of Russian Psychiatry Society as scientifically ungrounded and Society pointed out that psychiatrists should not be on such committees. However it was the findings of Yu. I. Polischuck examined no one of Aumís member that became the grounds of the Peopleís Courtís verdict that Aumís activity had done harm to all its members and that these members suffered from "psychological castration. "

The stance of F. V. Kondratyev, the professor of Serbskiy Center of Forensic and Social Psychiatry, was also well-known: he repeatedly claimed that "sectomania" and drug addiction were similar phenomena and that they called for an identical attitude. He called advocates of the freedom of religion nothing else than "home-bred and engaged civil rights defenders," who "proceeded from abstract ideas of civil rights protection" and deliberately took us away from true targets. F. V. Kondratyev repeatedly came out for establishment of centers for mind reprogramming and for a moratorium on incorporation of new religious organizations. The Professor considered the involvement of the youth in new religious movement as a problem of state and national security. "Itís the same thing as the problem of drug addiction. Harm to physical and mental health is evident. " He absolutely agreed with Professor Yu. I. Polischuck, "The findings of Professor Polischuckís committee not only hold true but also constantly receive confirmation. " He felt that the main problem was "no funding of this one of the most important spheres of studies. " It seemed that the problem to be solved with anti-cult committees. (Quotations from The Herald of Independent Psychiatric Association, vol. 1, 1996, pp. 47-48. )The opinions of psychiatrists Yu. I. Polischuck and F. V. Kondratyev seemed to lay totally outside psychiatry, science, but seemed to be in harmony with Soviet punishment psychiatry, that found it possible to declare that civil rights protectors were in need of psychiatric treatment.

With such facts, it was not a random choice to turn to this Center, that was known as the leading organization of Soviet punishment psychiatry. Today, not only the above Professor Kondratyev is on the staff at this Center but also a number of other psychiatrists who are willing to declare heterodoxy, including an another religion, a symptom of psychiatric disease that needs to be treated. For instance, on 14 February 1995, an employee of this Center D. P. Demonova openly claimed at the Parliamentís hearings into freedom of religion that new religious movements caused pathological development of the personality and reproduction dysfunction, lessened intellectual productivity and that it was necessary to establish centers for treatment and rehabilitation of sectarians who should be declared partially incompetent while the period of treatment.

However, while evaluating such opinions, one should take into consideration the fact that they had not been grounded on some clinical observations.

A. L. Dvorkin, Theol. D. , the head of the Center for Information and Consultation of Holy Martyr Eriney the Bishop of Lyon, was an activist of struggle against non-traditional religions, that were, in his eyes, "totalitarian sects" that use "mind manipulation" and, in essence, "organizations of Mafia. " He had received no medical education and never was a professional psychiatry practitioner. The Committee was not embarrassed over these facts though.

The Interregional Committee asked to authorize these so-called specialists to do an involuntary inpatient forensic psychiatry examination on all CARPíS member at Serbskiy Center of Forensic Psychiatry.

The CARPíS attorneys had to claim that:

in accordance with the laws experts who expressed extreme opinions on the issue might not do such an examination;
the scope of the trial allowed only an outpatient voluntary examination;
in accordance with the laws the plaintiff ought to submit a petition to appoint an examination and therein guarantee to cover all costs connected to the examination.

Also, it was pointed out that Article 23 of the Federal Act of Psychiatric Care and Guarantees to Citizens While Its Providing stipulated that a psychiatric examination was to be done at request or will of the person to be examined. In exceptionally severe cases, the court of the community where the person resided (that is not Dzerjynsky Peopleís Court, where the case was being heard) was allowed to order to make an examination without an expressed agreement as resulted from a grounded petition of a psychiatrist; such an order could be the subject of an appeal.

The Committeeís discontent with so complicated a scheme of psychiatric examinations, that somewhat guaranteed people their rights, was evident. In attempt to solve the problem rapidly and without, according to the Committee, excessive legal formalities, it kept insisting on an psychiatric examination only by the "specialists in the field of sectarian influence on the human mind," Yu. I. Polischuck, A. L. Dvorkin, and F. V. Kondratyev.

Nevertheless some remarks of the court in the course of the trial made the Interregional Committee a bit more reasonable. First, it had to realize that CARPíS members might not be examined involuntarily, whatever the Committee wished. Secondly, after the courtís explanation that examination costs should be covered by the party that lodged a petition to do an examination, the Interregional Committee provided a guarantee letter to pay to definite experts (Case 2-2831, vol. 2, p. 53) and claimed: "In case of different composition of the expert commission we donít guarantee payment. " (Ibid. ) The Committee decided that only the children of its members, E. V. Russkikh, V. N. Babckina, and O. A. Stepanova, would undergo such an examination. These young people faced a difficult choice. Their parents maintained that they were indoctrinated and zombied, that they were less than human beings and thus should be committed. While they knew that there were psychiatrists in Russia who could declare that heterodox believers needed psychiatric care on a basis of their beliefs only, the young people, who joined their organization voluntarily, esteemed the organization highly and wished to defend it. Their refusal would have been a clear sign to the court and mass media that CARP was of especial danger as it didnít agree on an examination that could have objectively revealed mental abuse. So these believers of Unification Church, the CARPíS members, had to agree on an examination to confirm their physical and mental competence as well as their right to freedom of religion.

Thus the problem of the expert commissionís composition and the questions to the experts to answer became of especial importance.

A Vicious Circle

The CARPíS attorneys categorically protested against the experts proposed by the Interregional Committee and provided their works as evidence that they expressed extreme opinions and also the opinion of Russian Psychiatry Society recognized Professor Polischuckís findings as scientifically ungrounded. The court didnít even consider the CARPíS attorneys petition in the due legal form and none of the above was included in the case materials.

According to the Civil Code of RSFSR, Article 75, a court is to take into consideration the opinions of parties. So the CARPíS representatives offered a number of expert and R&D institutions that could do an examination and determine whether there was impact on the health of CARPíS members (or not. ) The Interregional Committee vigorously protested against all these organizations. The "democratic mentality" of the staff of the organizations, N. K. Russkikh claimed, would prevent their giving an objective opinion about harm inflicted by totalitarian sects upon their members, thus none of these organizations should be authorized to make the examination. She strongly protested against including members of Independent Psychiatry Association in the expert commission, especially its President Yu. S. Savencko and Vice-President V. E. Kagan. She was not satisfied with Bekhterev Institute: "We refuse Bekhterev Institute because the general democratic mentality and stance of the staff will prevent the experts on the commission to reach an objective conclusion. " (Case 2-2831, p. 45. ) N. K. Russkikh had to admit that A. L. Dvorkin was not a psychiatrist and was incapable of finding disease in the CARPíS members, so she agreed to expand the composition of her commission by including V. A. Ananyev, the Director the Center of Adjustment of the Sechenov Medical Academy and the head of the School of Valiology of GIDUV.

Having found out that the Interregional Committee was against doing the examination at any institution other than Serbskiy Center, the court offered to do it at the expert institution at the Justice Administration of St. Petersburg and stipulated that other experts could be engaged, if need be. The presiding judge and the prosecuting party explained to the CARPíS members that they only needed to express their agreement with the examination in writing. If it turned out that Yu. I. Polishuck or other specialists whose opinions were absolutely unacceptable to the CARPíS members were on the commission they could refuse to undergo the examination by the commission, as an examination in a civil trial should be done only in case of voluntary consent.

In spite of this seemingly neutral and objective position of the court, the situation posed a great threat to CARP. According to the Civil Code of RSFSR, Part 3, Article 74, if a party avoids the appointed examination (default of appearance, refusal to provide the experts with needed objects for examination and the like) that leads to impossibility to do the examination because of the caseís circumstances, then the court, taking into consideration which party avoids and how important to the party this examination is, is allowed to declare the fact, which was to be verified, to be true or false. Let us remind the reader that the court appointed the examination to verify the fact of harm inflicted by CARP upon its members. Thus if the examination were scheduled and there were psychiatrists on the commission who had an a priori opinion that "sectarians were zombied and indoctrinated" and needed involuntary readjustment, and the CARPíS members refused to be examined, having become aware of the composition of the commission, then, according to the Civil Code of RSFSR, Part 3, Article 74, the court could consider that the defender avoided the examination and would be allowed to consider the fact of harm proven.

As the court didnít rule out the participation of the specialists who were offered by the Interregional Committee in the expert commission, the written consent to examination given by E. V. Russkikh, O. A. Stepanova, and V. N. Babkin [the children of the Interregional Committeeís members] stipulated that they would refuse to undergo examination in case of the participation of these specialists in struggle against sects as experts on the commission and it should be not regarded as their avoidance of examination in the light of the mentioned provision of the Civil Code of RSFSR.

Another problem was the question that the commission should answer.

The Interregional Committee submitted the following questions:

1. Was there any harm to the mental health of E. V. Russkikh, O. A. Stepanova, and V. N. Babkin resulted from their involvement in CARP?
2. According to Section F of the International Classification of Diseases, tenth version, how the experts of the commission would estimate the damage?
3. Did CARP cause harm to the family, personality, and state in general? The Justice Administration supported the demand of the Interregional Committee to appoint an examination and supplemented the list of the question with more questions:
4. Was it possible to conclude that the stuff used by CARP contained the elements of hidden mental influence on a human personality? If so, then how profound that influence was and what purposes it was aimed at? Did it damage mental health and lead to mental changes and inadequate perception of oneís environment? How powerful that influence was in terms of whether it was possible to rehabilitate the victims somehow or carry out any other activities to recover the health of the CARPíS members? How much time would such activities take? Their estimated cost?
5. Did the stuff used by CARP contain recommendations or statements aimed at replacing the institution of the family and state by the organization and erected barriers between the CARPíS members and their families and the state of Russia?
6. Did CARP posed a threat to the society?

The prosecutor, a keeper of the laws in the course of the process and a plaintiff in one face, had nothing against either an examination or the above questions, despite the evident bias and incompetence of those who submitted them.

One of the most interesting point of this trial was neither poor knowledge of the committees about legal technicalities nor state protectionism (through the judges, the Justice Administration, and the prosecutor) ó as they were absolutely sure they held best interests at heart ó nor attempts to use psychiatry to eliminate religious rivals (people still didnít forget the practice of struggle against dissidents) nor even the confidence that the parentsí committees, Prosecutorís Office, Justice Administration, and the court have an unquestionable right to interfere in the problems of the world view and religion of major and competent persons (it also reminded of the recent reality of Soviet times). It was the attitude of the judges and the parties, except the defendant, towards such quasiscientific concepts as "zombieing," "coding" [indoctrination], and "deprogramming", as if they were unquestionable reality. The court thwarted all attempts of the CARPíS attorneys to provide it with the scientific literature that contained objective evaluation of these concepts. It was a vicious circle: the examination was appointed not to find out but to formally confirm that the young people, whose mental heath came into question only because of their religious beliefs, were zombied and coded.

That was why, beyond usual questions about the state of health of those undergone such an examination (prior to their involvement, at the time of the examination, the dynamic, a necessity for treatment, etc. ), the CARPíS attorneys asked to include a question about feasibility of "programming," "zombieing," and "coding," Did modern psychiatry and psychology know about these practices, and if so, how scientifically grounded they were?

On 17 July 1996, after four-day debates, the court, whose hands were bound to an extent by the petitions of the CARPíS members, rendered a decision to appoint an examination on the CARPíS members whose parents were on the Interregional Committee (E. V. Russkikh, V. N. Babckina, and O. A. Stepanova). The court excluded not only the persons mentioned in the petitions of the young people from the circle of possible experts on the commission. Also, the scientists who wrote articles pointed out that the concepts of zombieing, coding, etc. , used by the fighters against non-traditional religions, were scientifically ungrounded and warned that it was intolerable to apply punishment psychiatry to the believers of such religions were denied participation.

The court obliged the experts to answer the following questions:

1. Did E. V. Russkikh, V. N. Babckina, and O. A. Stepanova suffer from a dependent personality disorder per Section F 60. 7 of the International Classification of Diseases, tenth version (ICD-10)?
2. Did CARP cause harm to the mental health of E. V. Russkikh, V. N. Babckina, and O. A. Stepanova, if so, then how?
3. What could be said about the mental traits of personalities of E. V. Russkikh, V. N. Babckina, and O. A. Stepanova in general?
4. Which of the above traits had developed (been formed) as a result of CARPíS direct and indirect influence?
5. Did those examined manifest the psychological signs of reduced freedom in decisions, limited behavior, increased proclivity to suggestions and obedience?
6. If they did, then which of the above traits had developed (been formed) as a result of CARPíS direct and indirect influence?
7. If the members had suffered from disease prior to their involvement in CARP whether their involvement provoked exacerbation of such disease?
8. Did the way of life of the CARPíS members cause deterioration in their intellectual and emotional sphere or any other social and mental functions?
9. Did the examined need to be subjected to psychiatric and psychological treatment and rehabilitation?
10. Was it possible to infer from the provided stuff that CARPíS activity aimed to a discredit to the family and purposeful overestimation of the group leaders?
11. Was it possible to conclude that the materials used by CARP contained the elements of hidden mental influence?
12. Did the stuff used by CARP contain recommendations or statements aimed at replacing the institution of the family and state by the organization and erected barriers between the CARPíS members and their families and the state of Russia?
13. Did CARP pose a threat to the society?
14. The results of a comparative analysis of common psychological standards used by CARP?

The court authorized experts from the Forensic Expert Service at the Mayorís Office of St. Petersburg and St. Petersburg Central R&D Lab of Forensic Examination to do the examination.

As the court raised, among other questions, a question about influence of religious literature of Unification Church on the CARPíS members, the experts were provided with both religious books (including Sun Myung Moonís works) and the books of the Western anti-cult movementís activists (Thomas Gundow, etc. ) to study them.

Then the court ruled that the claim of the Interregional Committee for Salvage from Totalitarian Sects should be the subject of a separate lawsuit and put off its consideration till the expert commissionís findings. The court rendered the decision (to examine the CARPíS members) on 16 July 1996, however the examination hasnít made as yet.

We will abstain from evaluating the courtís questions to the experts, but here is the opinion of specialists.

The author of the article delivered an address to the VIII Congress of Independent Psychiatric Association of Russia (IPA) in October 1996 and demonstrated that psychiatry had been actively employed to suppress new religious movements. The subject in focus was legal actions. Among other documents, the Congress was provided with the courtís decision to do the medical and psychological examination on the CARPíS members. The Congress ended its work having passed IPAís Appeal "Psychiatry Again Is Used for Non-Medical Purposes. " The Appeal pointed out that, "The questions posed by Dzerjynsky Peopleís Court of St. Petersburg to the expert commission are not merely unscientific, they implicitly contain a false belief of the court that it is possible to induce a Ďpersonality disorderí or Ďchange in a personalityí through ĎCARPíS direct and indirect influenceí and that the experts can prove it correctly. " The delegates called on fellow psychiatrists not to answer incorrect, biased question and become involved in the problems beyond their professional competence.

For Whose Benefit?

Itís our strong belief that the trial of CARP is not just an occasional process at some court resulted from a claim of parents distraught with grief at their desperate attempt to make their children carried away with a religion come back. On the contrary, professional fighters-anticultists cynically use the parentsí pain and anxiety. If the parents had been provided with objective information, they would have hardly filed the claim with the court and demanded to have their children involuntary committed. But their opinion that their children had been zombied and coded was primarily formed under the influence of mass media and seemed to be supported by expert opinions of the priest of science. Besides their struggle has filled the life of many of them with a meaning: appearances at the trial and press conferences, receptions at the State Duma. The press pays attention to them; they take part in the activities of statespersons; the logic of the struggle carries them away. And now itís of little importance to reach a mutual understanding with their children ó now itís of great importance to struggle, struggle and struggle. Moreover, the result of this struggle could be quite tangible. Also, these tangible results unite the anti-cult committees with state psychiatry and even with the Justice Administration.

Thus itís not mere coincidence that the claims of the parentsí committees, speeches and articles of Professor Kondratyev, and questions posed to the experts of the Justice Administration, united by the confidence that believers from "totalitarian sects" could be zombied and coded, have one characteristic feature: they all mention funding. A twenty-million award to the Committee to distribute among unknown victims, the Committeeís consent to provide deprogramming activities with its leadership in case of sufficient funding, the Committeeís consent to pay only to the experts who are ready to confirm that "totalitarian sects" cause harm ó all these things correlate with Kondratyev stance (the primary target of the struggle is money) and the Justice Administrationís concern over the cost of rehabilitation activities.

This trial clearly shows that not only the anti-cult committees and psychiatrists who struggle against new religious movement and wish to earn money on this process stay behind these parents but also the authorities.

The Committee claim was lodged immediately after the petition of some part of CARPíS members filed with the Justice Administration of the Mayorís Office of St. Petersburg for legal recognition of the affiliate of Unification Church. The trial in progress became a reason to reject the CARPíS petition. The appeal against the refusal has not been considered for more then a year and a half (the laws say it should be considered within a month. ) There are no facts provided to substantiate the accusations that CARP violated the laws except a reference to the warning and the note of the Justice Administration. The claims of the anti-cult committees, which had no legal right to lodge such claims, were not dismissed by the judge in violation of the laws. All evidence, the ungrounded and pseudoscientific opinion of so-called experts, has been provided by the Justice Administration of the Mayorís Office of St. Petersburg. Once the trial showed that the parents were unable to substantiate their claims, the Justice Administration filed its own claim and then the Prosecutorís Office did the same. Finally, the incorrect questions, to put it mildly, submitted by the Interregional Committee and Justice Administration, were posed to the examination commission virtually unchanged, that had been composed of the expert from the Forensic Expert Service at the Mayorís Office of St. Petersburg. (While evaluation of the above facts it should be taken into consideration that, according to the Regulations of the Justice Administration of St. Petersburg, the Justice Administration is not only a state agency of the executive organ, the Mayorís Office of St. Petersburg, but also a local agency of the Ministry of Justice of the Russian Federation, that ensures the state policy in the sphere of justice, including providing the courts with human, organizational and other resources. )

May be this situation is peculiar only to St. Petersburg? No. The twin of the trial of Aum is not a child of an incident. It was possible to consider the order to liquidate Aum, which resulted from the absurd accusations of harm to health, to be a unique verdict rendered by some judge who decided to comply with public opinion shocked with the gas attack in the Tokyo tube. Especially considering the fact that the backlash was so strong that led to the Order of the President to investigate Aumís activity. However, it is evident today that the trials resemble each other in the accusations of harm to the health of believes.

There is a direct relationship between the St. Petersburg trial of the small organization and the general direction of the Russian national policy. With the Agreement concluded on 12 March 1996 between Patriarch Alexey II and the Minister of Public Health of Russia and concerned, among other thing, the question of co-operation in the field of medical care of victims of totalitarian sects, it is of no wonder that many participants of the trial of CARP have formed their opinion that non-traditional religions cause harm to their believers a long time before a final verdict of the court. With the Federal Program for Reinforcement of the Struggle Against Organized Crime passed by the Government on 17 May 1996 and declared the following steps an urgent measure to prevent criminality: "To summarize the materials that deal with the impact of the consequences of social and medical nature of the activities of foreign religious organization in Russia. To prepare a draft of the statutes that shall regulate the activities of such organizations in Russia and specify the responsibility of the leaders and members of such organizations for the instigation of religious hatred and revolts of the communities affected with their influence. . . ," it is on no wonder that the judges, prosecutor and Justice Administration believe in danger represented by non-traditional religious movements. One should also consider the fact that there is no any courtís verdict that recognizes the instigation of religious hatred and revolts by the religious organization or its leaders. Meanwhile the above actions are criminal acts and there is no doubt that a corresponding sentence would become a public issue. Foreign religious organizations ó what is reputed to be such an organization is not specified ó are thereby declared a potential threat to the society. Thus the activity of the anti-cult committees is actively supported by the state.

So what resulted from this trial? The case is suspended, the examination is not even started, and all official documents (notes of the Prosecutorís Office, reports of the State Duma) point out that CARP is standing trial and the plaintiffs demand to liquidate it as causing harm to the mental health of its members. The case is presented as a glaring example of evident danger represented by one of totalitarian sects. Also, the anti-cult committees havenít stopped their struggle. Who will be the next? It is impossible to cover the issue here, however it should be noted that the author agreed to represent one religious organization that become the subject of another claim filed by the anti-cult committees at the trial. The machine is gaining speed.

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