Judgment on Case Supreme Court of the Russian Federation

 

Case No. 30/2017: Supreme Court of the Russian Federation

 

ETHICAL JUDGMENT

Dear Prosecutor, Public Defender, Ambassador and Jury Members of the International Buddhist Ethics Committee (IBEC) and Buddhist Tribunal on Human Rights (BTHR), regarding the Case 30-2017 against the “SUPREME COURT OF THE RUSSIAN FEDERATION”, on September 6, 2017, it is hereby recorded that the trial of the Ethics Committee has been concluded to analyze the violation of Buddhist Ethics and Human Rights by the accused. This Case has been carried out from the juridical implications that the Universal Declaration on the Rights of Buddhist Peoples and Spiritual Communities entails.

After analyzing the presentation of the Case and the validation of evidences, it has proceeded with the voting of 3 Jury members, all of whom have sentenced the “Supreme Court of the Russian Federation” as Responsible for the serious crimes of VIOLATION OF INTERNATIONAL HUMAN RIGHTS LAW and VIOLATION OF THE RIGHTS OF THE SPIRITUAL COMMUNITIES. The actions of the “SUPREME COURT OF THE RUSSIAN FEDERATION” by pursuing and violating the individual and collective human rights of the Spiritual Community called “Jehovah’s Witnesses” have done enormous damage to the dignity and respect that this peaceful Christian group deserves, but have also produced damage against the Rule of the International Human Rights Law, which is being seriously attacked within the Russian Federation. These acts demonstrate that members of the “Supreme Court of the Russian Federation” have violated the human right to freedom of expression and belief, helping to maintain the prevailing status quo of oppression in Russia. Although prohibiting allegedly religious groups which commit international crimes would be a correct action on the part of the “SUPREME COURT OF THE RUSSIAN FEDERATION”, as has happened with the prohibition on Scientology and Aleph, instead, the case of Jehovah’s Witnesses would simply be an illegal and discriminatory prohibition that violates Human Rights, since this group does not represent any kind of harm to society. While Scientology and the Aleph have been accused of crimes against humanity, which would merit their prohibition and persecution in Russia, on the other hand, Jehovah’s Witnesses have simply had apocalyptic beliefs and they do not recommend blood transfusions, which constitutes no valid reason for prohibiting this spiritual community. In the same way as it has been perceived with the “Case of Venezuelan Supreme Tribunal of Justice”, the populist regimes’ legal institutions produce a continuous encroachment against human rights and fundamental freedoms, whose defense should constitute the core of any true communism. In this sense, the International Buddhist Ethics Committee establishes that the “SUPREME COURT OF THE RUSSIAN FEDERATION” has violated the collective and individual human rights held by the Spiritual Community of Jehovah’s Witnesses. Therefore, the Ethics Committee offers the “SUPREME COURT OF THE RUSSIAN FEDERATION” an Ethical Judgment as a way of legal teaching on the Righteous and Appropriate Justice, which should be incorporated into the Noble Path of Buddhist Spirituality. If the “SUPREME COURT OF THE RUSSIAN FEDERATION” ceases to violate the human rights and begins to be inspired by the socialist values that founded its nation, then this will ensure an appropriate functioning of its justice system. To this end, the “SUPREME COURT OF THE RUSSIAN FEDERATION” has much to learn about the implications of what True Socialism and New Politics implies.

The Buddhist Law is a Cure (Nirvana) or ethical antidote for the skepticism of capitalist civilization, being a model of analytical-existential-libertarian rigorousness when considering how governments have betrayed the revolutionary process.[1] Faced with a path of zigzagging progress of humanity, full of advances, regressions and deviations, Gautama and Trotsky have been great inciters for the apprentices to continue advancing towards the goal or Purpose (Dharma). Although humanity uses to slander, defame and sacrifice its guides, the spiritual masters never stop their march forward, paying a supreme tribute to the human evolutionary future, so they treasure in their memory the best compassionate wisdom (karuna-prajña) as a beacon toward the future. This is the reason why the Free and Enlightened Beings (Arhats-Bodhisattvas) give their blood to the project of a better world, knowing that with each drop of their life force they nourish the seed of the Awakening (Bodhi) of society. Although the Maitriyana is not admired by the official intellectual environment of the contemporary age, its expositions on contemplative theory and practice are revealed as a source of inspiration for the new generations of the prophetic and revolutionary left. In polemically denouncing statism, progressivism and populism as false revolutionary movements, the Buddhist Law opens a Way to the true Liberation of humanity. In effect, Gautama and Trotsky were able to express with their words the libertarian meditation as an exercise of supraindividual vitality, exhorting the subject not to renounce the light of utopia in the midst of the darkest shadows of history. Therefore, the Maitriyana is undesirable in the comfort of greed, the short cut of hatred and the pragmatism of deceit. The Buddhist Law is not then a passive reflection on the inevitable, being an active contemplative attitude that guides the apprentices toward the fulfillment of their noblest potentials. Precisely from the isolation, Gautama and Trotsky generated a unique instrument of connection with the present, helping the human being to participate in great happenings and opening the possibility of the future from the revolutionary action, although they had differences in the manner how they considered such way of acting as valid. Thanks to the strength of their unwavering faith in the liberation of the oppressed of the world, the spiritual masters develop a paradoxical dialectical logic, a superior thought and an implacable action. In fact, the Free and Enlightened Being (Arhat-Bodhisattva) reflects on the past, perceives the present and conquers the future. Thus, the Buddhist Law stands out as the main movement denouncing dictatorial communism, whose example was that of Stalin and Mao, so that a colossal ethical battle must be waged to defend the socialist revolution in a peaceful, equitable, cultured and ecological way. In agreement with Gautama and Trotsky, the Maitriyana is positioned as a complex and fascinating Path of ongoing revolution, which is an unrenounceable political strategy for every revolutionary subject, because inclination toward the status quo is an inability of preparating the conditions of Awakening (Bodhi). The Buddhist Law deals with the power of dictatorial and bureaucratic communism, defying its ethical authority and assuming the position of undisputable world reference. In this way, two thousand six hundred years of experience of the spiritual commune (sangha) allow the Maitriyana to be capable of qualifying communist dictatorships as a perversion and betrayal of Marx’s vision, for they generated the existence of a new aristocracy at the top of the State Power, which was able to carry out genocides and crimes against humanity against the people it claimed to represent, as happened in the Soviet Union during the Moscow Processes of 1936 and 1937 when around 600,000 critics or political opponents to Stalin were assassinated under charges of treason.[2] In this sense, the Gautama-Trotsky articulation points out that in the antidemocratic and genocidal position of authoritarian communism there is not a single pinch of socialism. Obviously, oppression over peasants, domination of one social class over the others, barbarism of capitalist culture, and fascist state control do not allow humanity to achieve the Ascension to the communal lifestyle that allows the self-realization of life. This is because the political, economic, cultural and environmental development of society determines the possibilities of realization and transcendence. The spiritual master encourages the individual to enrich himself not materially but through a peaceful, equitable, cultured and ecological evolution. All these four social pillars point to the strategic core of the international revolution of Buddhist Law, as a process of Cure (Nirvana) from war, poverty, ignorance and pollution. Faced with the unlimited power of the State, which is actually an organization poor in ideas and rich in mistakes, the Maitriyana seeks the democratization of the world, eradicating the state bureaucracy by returning Power to society.

The Buddhist Law denounces that the attachment to the bourgeois State appears to be an uncritical attitude shared by right and left governments, so that any ethical path of detachment must peacefully combat the State as the expression of social relations of subjugation and alienation that lead to conflict and misery. The Maitriyana confirms that in fact Karl Marx sought the libertarian horizon of weakening the State, instead of the reinforcement of its bureaucratic structures which happens with the consolidation of the dictatorial or authoritarian communism. For this reason, the Buddhist Law confirms that dictatorship is not the correct way to move from bourgeois society to communist society, but rather the appropriate way is the abolition of greed, hatred and deceit. The lesson of the Gautama-Trotsky articulation, as pioneers and originators of social revolution, is that the defense of the style of communist society should be a transformation that liberates society from the bureaucracy and despotism of the State caste,[3] which is the True form of the counterrevolution. In effect, the ruling caste or ruling class isolates itself from society insofar as it becomes superficial and disengages from political transformation, repressing the fact that the Awakening (Bodhi) of the people is the only revolutionary way of world Salvation. The analytical-existential-libertarian path of Maitriyana, developed during two thousand six hundred years, is nothing less than the Liberation of the human being, which undoubtedly requires the Marxist-anarchist overcoming of the State, of private property as well as religion, since these institutions are the most oppressive in the history of humanity. The Buddhist Law avoids falling into the extremes of nihilism and metaphysics, offering a revolutionary method and a metapolitical attitude that ethically addresses everyday life to point the pathway to transformation and evolution. In short, the life experiences of Gautama and Trotsky, full of successes and failures, did not lead to pessimism, indignation, fatigue, fury or repulsion, for they were nourished by the flame of revolutionary passion, whose intensity and brightness showed a superior character, an indestructible temperament and faith in the clear and brilliant future of humanity. This confidence in the contemplative reason, the Truth and the solidarity dwelling in the nature of the human being is what accompanies the life of the spiritual masters, which is always a life of integrity in the face of suffering and failures.

The Maitriyana is an integrative way that enthusiastically gathers the best of the past and simultaneously performs the critical task of the cultural renewal of the world, introducing a spiritual novelty that paradoxically refers to an archetypal and perennial knowledge. This recreation is a product of the deep disappointment generated by the capitalist era and its culture of superficiality. There is undoubtedly in Buddhist Law a clear orientation toward the future of humanity, not in the form of expectation but rather in the form of evolution. The Maitriyana encompasses the best knowledges of the past, not because of nostalgia, but because such peak knowledge (satori) is essential not to fall into the technological superficiality of the contemporary world, seeking the realization of the Golden Age of compassionate wisdom (karuna-prajna) that has been contemplated by all the spiritual masters of history. Thus, when the Free and Enlightened Being (Arhat-Bodhisattva) teaches to be fully in the present, in the here and now, it does not really teach to be conformed to the status quo but rather to perceive things as they are, without Illusions of beliefs and ideologies. In this way, in the judgments carried out by the Buddhist Law, its function and its possibilities are perceived as an ethical guide of the society. Precisely, the duty and aspiration of Maitriyana is to recreate the original knowledge which is both past and future. This implies that the spiritual master is the incarnation of a cultural singularity, producing a Spirituality that is simultaneously ancient and new. The paradoxical dialectical logic is a key to think and seek this transcendental Truth, because when using Mindfulness to the present, the apprentice is able to understand what is happening around him/her and transform it, being both inheritance and change. At the same time, the Buddhist Law constitutes a legal identity closely linked to the concept of the new, being the overcoming of the old justice, although this counterculture is certainly integrated with the traditional juridical system of the Buddhist Peoples. In this sense, a new justice is sought from a position of dialectical regression that makes the spiritual tradition of the past to resurface. Therefore, in the Maitriyana, evolving is to return to the sources, causing a rupture that is always respectful of the precedents. In this way, the Buddhist Law is a producer and critic, seeking to create the best of possible worlds with hope, always going forward in search of the original and true. The Maitriyana is a new perspective or paradigm of politics, defending the human rights against corruption, violence and impunity. It is a New Political Era because it raises the possibility of constructing a spiritually oriented civilization system, as was done by the Buddhist Civilization of the past, which was characterized by three areas in harmony: the relation of the spiritual commune (sangha) with State, the ethical purification of society and the assumption of pacifism as a way of life. According to the tradition of Buddhist Law, instead of building a totalitarian State – whether capitalist or communist – instead it should be sought to erect the Rule of social justice. To achieve this it is fundamental that the executive, legislative and judicial powers, especially when there is no division between them, are overseen by the equanimity, independence and ethics of the spiritual commune (sangha). Thus, the Analytical-Existential-Libertarian Discourse (Buddha-Dharma-Sangha) is positioned in the contemporary world as the highest defender of fundamental freedoms and human rights. This socially engaged spirituality must not provide moral blessings to governments or sacralize the figures of presidents but should rather control or ethically monitor the activities and goals of States. Therefore, governments must be criticized from a superior democratic position, denouncing every negative act they perform. The Maitriyana is certainly a wise and compassionate Justice, although this does not imply indifference or remaining silent at crimes against humanity and peace. This purifying ethical will which characterizes the Buddhist Law associates it with revolutionary movements that reformed societies of the past. Even if nowadays the Maitriyana is a minority and nonpartisan structure, it is undoubtedly the germ of the world of the future, having the courage and spiritual authority to point the way toward the Cure (Nirvana) of the suffering of society in the here and now. This is the great democratic spirit of Buddhist Law as a defender of the intrinsic dignity of life, fighting against marginalization and discrimination. In this way, Maitriyana denounces fascism, totalitarianism and populism as ideological, oppressive, manipulative and antagonistic systems that often harm people with their greed, hatred and deceit. Welfare and prosperity are not something that leaders bring, but they really are a horizon that society must daily work on. Honest politicians, like the Free and Enlightened Beings (Arhats-Bodhisattvas), only generate the essential conditions so that it is the subject himself who achieves the progress hand in hand with effort and the right actions, which are the real tools of transformation. The Buddhist Law teaches an opportunity, fostering detachment, friendship and Truth as a dynamic of the Awakening (Bodhi) of society. This implies living with reason and balance, patiently choosing always the best alternative possible. This is the great commitment that every apprentice assumes in his/her daily life. In this sense, the spiritual masters are agents of change and transformation, teaching the citizens to take the transcendent step on the path of a New Political Era after realizing that the future of humanity is in their own hands and not in the hands of governments. This is the only way to reorder politics and justice, abandoning the emphasis on selfish interests to go toward the quest of the general good.  The unity and evolution of humanity, which is the Purpose (Dharma) of Maitriyana, does not mean the absence of conflicts, but rather the existence of a surpassing tendency, recreating the paradoxical dialectical logic that transcends all dualism and opposite poles. The task of Buddhist Law is then to recreate itself as part of the autonomous tribal peoples with political, economic, cultural and environmental capability, but it is also about being a guidance in the world, showing consideration for the members of the international community while seeking all beings enjoy higher levels of Freedom, Equality and Fraternity, as concretion of the genuine plan of life of the human being. This style of the New Political Era is not elitist but profoundly democratic, considering that the future of civilization of righteousness can only happen with the effort of the entire humanity. The alternative of Maitriyana envisions a historical synthesis between human rights capitalism and revolutionary communism, lacking barbarism and authoritarianism in its pure vocation to serve others. This social responsibility seeks the best of possible worlds in the present, learning to stop repeating the vices and mistakes of the past to be able to lead or guide humanity to the future. The Buddhist Law synthesizes the virtues of the human being in order to be able to proclaim a New Political Era of direct democracy and libertarian social participation in the political, economic, cultural and environmental fields. It is about that the peoples regain democratically the power that has been appropriated by governments and corporations. Therefore, this metapolitical counterculture has the capability of transforming the world, being a novel postmodern trend. By being the maximum representative of the juridical-political ideal, the Maitriyana differs from the movements that accept or contribute to the misery and alienation of society.   Faced with the arrogance and omnipotence of governments, the Buddhist Law seeks the union and reconciliation of humanity in order to recover the ethical values and Spirituality that have been lost. The Analytical-Existential-Libertarian Discourse (Buddha-Dharma-Sangha) has been in history a forceful re-signification of social practices such as peace, justice, education and ecology, criticizing and supervising governments that violate fundamental freedoms and human rights. By appealing to dialogue and unity to achieve the Purpose (Dharma) of the evolution of consciousness, of ideas and of society, the Maitriyana call upon all nations to learn the art of the New Political Era, whose system of Power is based on transformation and direct democracy. This social project is fundamental to combat war, corruption, prostitution, indigence and drug trafficking, as social vices that must be purified or reduced. Thus, the justice of Buddhist Law is not only a power that is independent from States, but it is also a system of ethical supervision of the entire international community. This great goal or aim is the true declaration of Maitriyana’s political principles, expressing the commitment to build a Civilization ruled by the Law, reason why it is provided the necessary spiritual guidance so that countries are capable of fixing their errors without needing to wait for magical solutions. The result of this process is a benefit for all humanity, universalizing social protection to create a world without wars, poverty, ignorance and pollution. This revolution of Buddhist Law is the promise of the ethics of growth and overcoming, opening a new hope to deal with the ills the world suffers, always with the force of Truth. This New Political Era is clearly a transcendence of barbaric capitalism, dictatorial communism, and authoritarian populism, which often require a dualistic conception based on the division of society. In this sense, the Maitriyana requires a dialectical synthesis, choosing the Path of Reconciliation. In this way, the Buddhist Law is beyond both nationalism and colonialism, being rather a healthy and adequate internationalism that always listens attentively to others. For this reason, political and juridical dialogue is fundamental for the Maitriyana, assuming the challenge of building a revolutionary ethical leadership that teaches humanity how to coexist with compassionate wisdom (karuna-prajña). The Buddhist Law is the dawning of a New Political Era based on the new style of Justice, Truth and utopian reason. In short, the art of debate and agreement means reconciling points of view and not dissolving all positions in an authoritarian, religious and populist consensus. In this way, Siddhartha Gautama and Abraham Lincoln agree that government should be only of humanity, for humanity and to humanity. The Maitriyana then denounces that direct democracy – or government by society – is an imperative necessity for the contemporary world. The spiritual commune (sangha) of the International Buddhist Nation has two thousand six hundred years of experience in tribal communal councils and democratic republican assemblies, so that Buddhist Law has a peak knowledge (satori) that guarantees the independence of Justice, even establishing limits to the Free and Enlightened Beings (Arhats-Bodhisattvas) so that they do not have absolutist powers. In short, the Maitriyana is in the world to offer an ethical guidance, which implies that the rich and powerful are accountable and responsible for their actions, so that impunity does not reign.

In conclusion, the Buddhist Tribunal on Human Rights has the Purpose (Dharma) to create a righteous and just world governed by the Supreme Law, which implies criticizing courts that fail to develop an Adequate Justice. Therefore, it is established that the “SUPREME COURT OF THE RUSSIAN FEDERATION” is violating the rights of the Spiritual Communities, especially violating the individual and collective rights of Jehovah’s Witnesses. Undoubtedly, the national Courts need detached ethical supervision and that does not respond to hegemonic interests, as is the case with the Buddhist Tribunal on Human Rights. Without an ethical Purpose the national Courts become mere state apparatuses that serve the dark designs of the governors, instead of contributing to social welfare. Only by practicing the Path of Adequate Justice, as prescribed by Buddhist Law, national Courts will be able to function effectively and will respect the fundamental rights of all citizens, always remembering that injustice is a social cancer. In this way, the Case on the “SUPREME COURT OF THE RUSSIAN FEDERATION” is a great teaching for the national courts around the world, perfectly demonstrating that without solidarity, Truth and respect for human rights, then societies get lost in oppression.

On the other hand, it is put on record the fact that the European Court of Human Rights has recently sentenced the “SUPREME COURT OF THE RUSSIAN FEDERATION” for having banned the dangerous cult of Scientology. On this particular issue, since crimes against humanity are alleged concerning Scientology, the Buddhist Tribunal on Human Rights is in agreement with the “SUPREME COURT OF THE RUSSIAN FEDERATION”, requesting that the decision of European Court is not complied. Consequently, the Office of the Prosecutor of the Buddhist Tribunal is ordered to investigate both Scientology as well as the European Court of Human Rights.

Following the Path of Master Gautama, who prepared the ground of Adequate Justice, the Buddhist Tribunal on Human Rights supervises that national and international courts are righteous, just and ethical, never betraying the human rights and fundamental freedoms, so that the “SUPREME COURT OF THE RUSSIAN FEDERATION” has been sentenced as Responsible for VIOLATION OF THE INTERNATIONAL HUMAN RIGHTS LAW and VIOLATION OF THE RIGHTS OF SPIRITUAL COMMUNITIES.

With spirit of reconciliation (maitri),

Master Maitreya Samyaksambuddha

President and Spiritual Judge of the International Buddhist Ethics Committee (IBEC) & Buddhist Tribunal on Human Rights (BTHR)

 

 

[1] L. Trotsky, La revolución traicionada.

[2] Moshe Lewin, El siglo soviético.

[3] L. Trotsky, La revolución traicionada.

 

 

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