E/CN.4/1990/46
page 43
79. On 6 June 1989 the Permanent Representative of Spain transmitted the
Spanish authorities' reply to the Special Rapporteur. This reply stated the
following:
"With reference to your note Ref. G/SO 214 (563) of 7 April 1989,
enclosing the communication of the Special Rapporteur dealing with the
question of religious intolerance, Mr. Angelo Vidal d'Almeida Ribeiro,
transmitting the complaint made against the authorities of my country by
the Association of Scientologists International concerning alleged
violations of the principle of religious freedom in Spain, I have the
honour to transmit to you, for the attention of the Special Rapporteur,
my Government's comments on this case (communication from the Human
Rights Office of the Ministry of Foreign Affairs and from the Technical
General Secretariat of the Ministry of the Interior).
"In reply to the Directorate-General's telex, dated 7 February 1989,
concerning the complaint submitted to the United Nations Commission on
Human Rights by the Reverend Haber Jentzsch and repeated by a Swiss
Member of Parliament, Mr. Bronnimann, concerning the alleged detention of
70 members of the Church of Scientology, on 29 November last, I have the
honour to inform you that, according to information received from the
Directorate General of Police, the acts in question are related to the
so-called 'Operacion Rocio1 carried out by police officials following the
investigations made by the Judicial Police Group attached to the Madrid
Courts, on the order of Examining Magistrate No. 21 of Madrid, who is in
charge of the affair and has started preliminary proceedings under case
No. 2663/84, as reasonable evidence exists of alleged offences of
unlawful association, undue influences, offences against security and
freedom in employment, offences against public safety, fraud, forgery,
tax and currency offences.
"In view of the action taken by the Examining Magistrate and the
subordinate position of the Judicial Police Group, which carried out the
investigation and initiated the proceedings, in accordance with the
provisions of Royal Decree No. 769/1987 of 19 June on the regulation of
the Judicial Police and in view of the fact that the matter is
sub judice. it is thought neither proper nor desirable to give any kind
of information until such time as a judicial decision is given.
"The Government of Spain wishes to draw attention to the following
considerations in connection with the complaint made against Spain by
members of the Association of Scientologists International.
"1.
In the first place, the Spanish Government wishes to underline
the inconsistency between the nature of the complaint, the charges made
in it, and the channel through which this complaint has been made to the
Commission on Human Rights, namely, the Special Rapporteur on questions
of religious intolerance. This inconsistency is due to an obvious
factor: it is only the members of the Association of Scientologists
International themselves who say it is a religious organization; their
assertion is not endorsed by any other body outside the Association. The
following facts are significant in that respect: