The Belgian State Condemned for Damaging the Image of the EURD

Belgium: the Chamber of Representatives condemned for tarnishing the image of a cult

The President of the Belgian Chamber of Representatives, Herman de Croo, has denounced a verdict handed down against his institution by the Brussels Court of Appeal for having “damaged the image of an organization” in a report on cults in Belgium published in 1997. The complaint, filed in 1998 by the Universal Church of the Kingdom of God, had been declared inadmissible by the Brussels Court of First Instance on 2 November 2000, but the neo-Pentecostal Protestant cult of Brazilian origin lodged an appeal and succeeded, on 28 June last, in having the Chamber of Representatives ordered to publish part of the ruling in this weekend’s editions of the dailies “Le Soir” and “De Standaard”, subject to a penalty of 1,000 euros per week of delay.

The Belgian State, which was also ordered to pay one symbolic euro to this cult, constituted as an association, and to its administrators, is to appeal to the Court of Cassation.

The President of the Chamber of Representatives held a press conference on Friday to draw the Belgian public’s attention to the gravity of this ruling, “which could mean the end of parliamentary independence.”

Quoted by the Belgian media, Mr De Croo took the view that this verdict calls into question one of the “fundamental principles” of democracy: “the parliamentary right of speech, an integral part of the immunity of the Nation’s representatives.”

Under an article of the Belgian Constitution, “no member of either Chamber may be prosecuted or investigated on account of the opinions and votes expressed by him in the exercise of his functions.”

“The purpose of the rapporteurs of a commission of inquiry is to report the summary of the hearings of the various witnesses heard,” Mr De Croo maintained, stressing that if the appeal in cassation lodged by the Belgian State were to confirm the ruling of the Court of Appeal, “that could mean the end of parliamentary independence. The same thing could happen again in other commissions, such as the Dutroux commission.”

2 September 2005 By: MAP http://www.aujourdhui.ma/international-depeche39188.html

The Belgian State condemned V.d.W. Published online on 02/09/2005

A court has ruled that the conclusions of the commission of inquiry into cults were too flimsy. The complaint was filed by the Universal Church of the Kingdom of God. Danger! says the President of the Chamber.

An exceptional event: following a complaint filed by the Universal Church of the Kingdom of God (UIRD, also known as the Caillou community), a court (the Brussels Court of Appeal) on 28 June last condemned the Belgian State, represented by the President of the Chamber, Herman De Croo. The reason? The report of the commission of inquiry into cults was found to contain criticisms and assertions published carelessly and without verification. The Universal Church of the Kingdom of God was, among other things, likened to a “veritable criminal association whose sole aim is enrichment”. The conclusions also mentioned the activities “of a vast fraud enterprise”. The Chamber has decided to appeal to the Court of Cassation.

The commission of inquiry “tasked with developing a policy to combat the illegal practices of cults and the danger they represent for society, and particularly for minors,” had delivered its report on 28 April 1997. The annex to that report contained a list of associations described as displaying cult behaviour. Four of them decided at the time to file complaints against the Belgian State: the Universal Church of the Kingdom of God, the Church of Scientology, Vibration Coeur and the Communauté de la Cité. So far, only the action brought by the Universal Church has resulted in a condemnation, which it obtained on appeal.

Immunity

What is the Court of Appeal’s reasoning? While recognising the principle of parliamentary non-accountability, the Court found no fault in the functioning of the commission of inquiry. But it held that the Universal Church’s claim was partially founded on the ground of a breach of the duty of care in the drafting of the public report, that breach having damaged the image of the non-profit association among the population. The Belgian State is ordered to pay 1 symbolic euro (20 million francs had been claimed) and to publish a summary of the judgment in two newspapers. Even though he did not wish to comment on the content of the judgment, the President of the Chamber, Herman De Croo (VLD), did not hide his surprise and disappointment on Friday at a ruling “which runs totally counter to the most elementary respect for parliamentary immunity”. For, Mr De Croo recalls, the first immunity is that of parliamentary non-accountability, which is recognised in all the parliaments of all democratic States and confirmed by the European Court. And if this kind of ruling were to multiply, he says, all parliamentarians could be silenced.

Flimsy, the assertions? The contested parliamentary report could do nothing other than reproduce the assertions that had been made in camera by witnesses. Moreover, the President of the Chamber recalls, all the associations implicated had the opportunity at the time to come and speak or to file submissions. The Universal Church of the Kingdom of God did not do so. “We must respect court decisions, but justice,” Mr De Croo asks, “must also respect the independence of Parliament and the separation of powers.”

The Belgian State Condemned for Damaging the Image of the EURD

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