Imágenes de páginas
PDF
EPUB

Schwartz, "Non-English-Speaking Persons in the Criminal Justice System: Current State of the Law", 61 Cornell L. Rev. 289, 296 (1976).

By imposing a stringent certification program on interpreters, Congress purposely raised the standard of competency which is deemed constitutionally acceptable in our federal courts. Such standard cannot be lowered on the convenient pretext that there are no "reasonably available" certified interpreters in this case, since the Government has not yet established a procedure to certify Japanese-language interpreters. See S. Rep. No. 95-569 at 12 (in that situation, the responsibility falls upon the presiding judicial officer to insure the competency of the uncertified interpreter). To the contrary, the fact that there is no Federal Certification Examination for the Japanese language tends to support the argument that there exist "otherwise" competent Japanese interpreters who have not yet been able to attain certification because of the Government's failure to implement the necessary and statutorily-required program. The Government, in appointing Mochizuki, blatantly disregarded Congress' intent as evidenced by the requirements of the Act. The Government's failure to comply with the Act deprived Kamiyama of his fundamental right to a fair trial and denied him the due process guaranteed by the Fifth Amendment of the Constitution.

VIII
CONCLUSION

Given the unique character of this case in which the Government, for the first time, sought and obtained a perjury conviction on the basis of the translated version of a Japanese individual's testimony, the Government should be held to the strict standards imposed by the Court Interpreters Act and the judicial precedents relating to the constitutional right to a competent interpreter. To do otherwise would result in a grave miscarriage of justice and the abridgement of Mr. Kamiyama's fundamental right to due process as guaranteed by the Fifth Amendment of the Constitution.

[blocks in formation]

The International Society for Krishna Consciousness (ISKCON) which I represent, was established in 1966 by His Divine Grace A. C. Bhaktivedanta Swami Srila Prabhupada. He hails from an orthodox line of Hindu Vaishnavism dating back approximately 5000 years to the appearance of Lord Krishna. The practices and beliefs of this ancient and monotheistic religion embody tenets of Sanskrit scriptures such as Bhagavad-gita and Srimad Bhagavatam. Srila Prabhupada's English renderings of these texts have brought new meaning and purpose in life to thousands of Westerners. These books, now translated in over 30 languages, form the basis of what is popularly known as the "Hare Krishna Movement."

ISKCON has sixty-five temples and farm communities in America and nearly two-hundred missionary centers in seventy countries worldwide. In the last decade alone, ISKCON Food Relief distributed some fifty million plates of free food to needy people worldwide. In America, ISKCON assists the needy with eighteen free food distribution and temporary housing centers.

Leading international theologists, philosophers and indolofoundation and its

gists praise ISKCON's sound scriptural

humanitarian effort. Yet some label ISKCON a destructive cult.

Consequently, ISKCON members sometimes suffer vicious phenomena

unique in American history. This phenomema threatens the safety and well-being of all free thinking God conscious Americans. It is religious deconversion (deprogramming), a coercive act imposed upon members of many religions, both "new" and "established." Victims endure intensive persecution, false imprisonment, and physical, mental and sexual abuse. Deprogrammers have been supported by the courts in many states although their acts are blatantly unconstitutional. Futher, the FBI has generally failed

to track down these Constitutional offenders.

This testimony will first bring to light the illegality of "deprogramming" and then outline steps to prevent it. We will focus on these specific topics:

1.

2.

Deprogramming: What is it?

The use of court ordered conservatorships.

3. Special investigations of new religions.

4. Department of Justice: The FBI's "hands off" policy.

5.

Ex-members filing suit against their religious.

organizations.

6. The tax exempt status of deprogramming organizations.

WHAT IS "DEPROGRAMMING" ?

Religious persecution is nothing new. History shows how St. Francis of Assissi, St. Thomas of Aquinas, and countless others were restrained and pressured to change their religious Today, religious persecution has taken the form of highly organized nationwide effort to restrict individuals from maintaining freely chosen religious beliefs.

convictions.1

a

targeted

It is an

"Deprogramming" is a term coined by Ted Patrick (Black Lightning), a man who has been convicted, jailed and sued for his forcibly kidnapping and assaulting religious victims. attempt to remove an individual from his or her involvement in a religious group and convince them to renounce their adherence to that faith or belief. Patrick claims to have been involved in over 1600 deprogrammings himself. The exact figure of attempted

deprogrammings is hard to calculate because practitioners are reluctant to advertise. However, experts in the field estimate

that since 1976 between 2,500 to 3,000 American citizens have been

subjected.2

"Deprogramming" has three basic stages. First is the abduction of the individual, by force and deception. In this stage the kidnapped victim is often bound, gagged, and transported across state lines to a location specifically designed to facilitate intensive interrogation. During the second phase, the victim is often confined and subjected to physical and sexual abuse, belligerent criticism of his or her religion, sleep and food deprivation, and other calculated tortures. "Deprogrammers" aim to break the victim's faith in his religious belief. Phase two generally continues for a period of five to ten days. By that time, the victim generally submits to his captors, either to stop the torture, or because his faith is actually shattered.

"rehabilitation."

The third phase is The victim is transported to a rehabilitation center in another part of the country. (Presently, known rehab centers are located in Arizona, Iowa, Minnesota, Ohio, Pennsylvania and New Jersey.) There the victim remains confined for approximately one month, a period meant to "readjust" him to the "real" world.

According to Sociologist Anson Shupe, three types of persons 3 engage in deprogramming attempts. The largest category is the parents and relatives of the victim. They pay between $10,000 and $20,000, plus expenses, regardless of whether the deconversion was successful or not.

Former members make up the second category.

These persons

become enemical toward their former churches having been converted to the "deprogrammings" cause.

The third category consists of "sympathetic sideliners" such as psychiatrists, physicians, social workers and journalists. This small but vocal group "lends scientific credance to claims of brainwashing and

'psychological

enslavement',

reinforcing the

[blocks in formation]
« AnteriorContinuar »