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)
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