Case n° 27/2017: Inter-Americana Commission on Human Rights (IACHR)

NOTIFICATION on Case of Julio López

 

On September 11, 2017, the International Buddhist Ethics Committee & Buddhist Tribunal on Human Rights communicates with the Inter-American Commission on Human Rights (IACHR) as a result of the news that this organization has decided to activate the complaint against the Argentine State for the lack of investigation of public officials about the sad event of the disappearance and possible murder of Julio López in 2006, which was denounced before the IACHR in May 2014 by the Association of Former Disappeared-Detainees (Asociación de Ex Detenidos Desaparecidos AEDD), the Union for Human Rights and the Committee of Juridical Action (Comité de Acción Jurídica CAJ). This means that during the last 11 years, there was impunity and failure to clarify the possible death of Julio López, who was a key witness in a case on kidnapping and torture during the last military dictatorship in Argentina.

The International Buddhist Ethics Committee and Buddhist Tribunal on Human Rights clearly considers that this activation of the complaint filed 3 years ago demonstrates the total ineffectiveness of the IACHR, which should have proceeded on such an urgent affair in a matter of days and not having taken several years in order to simply ask the Argentine State to investigate. In addition to the fact that the IACHR’s delay is a shame, the Buddhist Tribunal cannot cease to perceive that the only reason why the IACHR has decided to carry out the activation of the complaint about the disappearance of Julio López is actually the climate that exists in Argentina with respect to the forced disappearance of Santiago Maldonado and the arrest of Milagro Sala, cases in which the IACHR has worked quickly and adequately. This shows that the IACHR not only does not work in an adequate time, but it also works in a politicized way, depending on the political influences that the complaints have, and not depending on the international human rights treaties.

The International Buddhist Ethics Committee and Buddhist Tribunal on Human Rights calls on the Inter-American Commission on Human Rights (IACHR) not only to respect the collective human rights of Buddhist Peoples and Tribal Communities, but also to work properly to protect the individual human rights of all citizens under its jurisdiction, having the right to access to justice and to receive serious and objective investigations to know the Truth and determine responsibilities related to any crime.

With spirit of Reconciliation (Maitri),

H.E. Master Maitreya Samyaksambuddha

President and Spiritual Judge of the International Buddhist Ethics Committee & Buddhist Tribunal on Human Rights

CASE 27-2017: Inter-American Commission on Human Rights (IACHR)

 

ACT ON the ORGANIZATION OF AMERICAN STATES (OAS)

On April 26, 2017, it was written an Act of international approval concerning the decision of Luis Almagro, Secretary General of the OAS, for appointing Luis Moreno Ocampo as investigator on possible Crimes against Humanity committed in Venezuela. Because Luis Moreno Ocampo is a former Prosecutor of the International Criminal Court, he surely may be able to determine the presence of human rights violations on a systematic and widespread scale, including torture and assassinations by President Maduro’s government against the Venezuelan civil population.

It is put at the disposal of the OAS the news that on May 4, 2017, the Buddhist Tribunal on Human Rights has developed a Legal Opinion against President Maduro for the serious crimes of “Coup d’état” and “Crimes against humanity”. As the mission of the adviser Luis Moreno Ocampo will be to interview victims and experts on human rights violations, he will surely benefit from the vision of the Buddhist Tribunal on this issue that violates the sacredness of human life.

It is recorded that on April 12, 2017 the Buddhist Tribunal on Human Rights had already sentenced the Venezuelan Supreme Tribunal of Justice (TSJ) for crimes of VIOLATION OF THE DEMOCRATIC CONSTITUTIONAL STATE OF LAW and VIOLATION OF THE INTERNATIONAL HUMAN RIGHTS LAW.

However, while it is congratulated any progress that may be done to put an end to impunity in Venezuela, on the other hand, this Act is finalized notifying the OAS that the Buddhist Tribunal on Human Rights on June 26, 2017 has sanctioned the Inter-American Commission on Human Rights for Violations of the Human Rights of Buddhist Peoples, since this body has refused to end the impunity suffered by the Temple World Association of Buddhism in Argentina, because it has been systematically denied the Temple’s access to justice and redress for serious crimes suffered. We hope that the OAS will take the initiative to resolve this situation as soon as possible.

 

Always with spirit of reconciliation (maitri),

Master Maitreya Samyaksambuddha

President and Judge of the Buddhist Tribunal on Human Rights

 

Case No. 27/2017: Inter-American Commission on Human Rights (IACHR)

ETHICAL JUDGMENT

Dear Prosecutor, Public Defender, Ambassador and Members of the Jury of the International Buddhist Ethics Committee (IBEC) and the Buddhist Tribunal on Human Rights (BTHR), regarding the Case 27-2017 against the INTER-AMERICAN COMMISSION ON HUMAN RIGHTS (IACHR), on June 26, 2017, it is hereby recorded that the Ethics Committee’s judgment has been concluded to analyze the violation of Buddhist Ethics and Human Rights on the part of the accused. This Case has been carried out as a result of the “Case Argentina”.

After analyzing the presentation of the Case and the validation of evidence, the Committee has proceeded with a unanimous vote of five members of the Jury, all of whom have sentenced the INTER-AMERICAN COMMISSION ON HUMAN RIGHTS (IACHR) as “Responsible” for the serious crimes of VIOLATION OF THE RIGHTS OF BUDDHIST PEOPLES AND SPIRITUAL COMMUNITIES. The actions of the INTER-AMERICAN COMMISSION ON HUMAN RIGHTS (IACHR) in ignoring the claims of justice by the Buddhist Temple World Association of Buddhism have done enormous damage to the dignity and respect of the Maitriyana Buddhist Community, but also damage the Rule of Human Rights, which must be developed and evolved in its fulfillment, instead of the current deterioration and inefficiency. These acts demonstrate that the members of the INTER-AMERICAN COMMISSION ON HUMAN RIGHTS (IACHR) have violated the victims’ human right to justice, contributing to maintain the status quo of impunity existing in Argentina. Although for decades the INTER-AMERICAN COMMISSION ON HUMAN RIGHTS (IACHR) has had a good development in the protection of human rights, due to the lack of funding and the lack of sense of Purpose and Responsibility of its members, it has become an ineffective system of justice as the state justice to which it should regulate. Clearly, the climate of the populist regimes of Latin America, which has systematically and widespreadly violated the legal institutions, has contributed to this deterioration. Thus, the members of the INTER-AMERICAN COMMISSION ON HUMAN RIGHTS (IACHR) have forgotten their supreme duty to defend human rights and fundamental freedoms of both individuals and the communities. In this sense, the Buddhist Tribunal on Human Rights establishes that the INTER-AMERICAN COMMISSION ON HUMAN RIGHTS (IACHR) has been disrespectful of the sacredness of individual human rights and collective human rights owned by the Buddhist People as a tribal community. Therefore, the Maitriyana Community offers the INTER-AMERICAN COMMISSION ON HUMAN RIGHTS (IACHR) an Ethical Judgment as a way of restorative juridical teaching, so that this inter-American body may return to an adequate behavior. If the INTER-AMERICAN COMMISSION ON HUMAN RIGHTS (IACHR) would replace its bureaucrats and uses a system of restorative justice, this will surely ensure an adequate functioning at the international level. In order to achieve this, the INTER-AMERICAN COMMISSION ON HUMAN RIGHTS (IACHR) has much to learn from Buddhist Restorative Justice.

The perspective of Buddhist Law is the oldest approach to restorative justice in the world, serving the rights of victims rather than the aims of the State, which is why it is concluded that institutions of violent punishment or legal sanction with imprisonment should be abolished.[1] In fact, imprisonment as a way to harm the offenders is not really justice, but it is revenge, since it does not compensate for the damages suffered by the victims and their families. Thus, the Maitriyana seeks the reform and learning of criminals but never their suffering, stating that, in fact, prisons do not cure the problem of crime but rather they make it worse. For the spiritual master, prisons are clearly the opposite of a place of repentance and reformation,[2] which is rather quite similar to a psychological hell that aggravates the existential situation of the offender. Unlike this vengeful and dehumanizing sphere, the Buddhist Law promotes the field of contemplation (zen) as a genuine space that allows one to deal with guilt and the need for forgiveness and Truth, this being the socially constructive Purpose (Dharma) of the Law. From Maitriyana’s perspective, the state judicial system does not provide adequate or righteous justice, which is why a new system of values or a scheme of thought is necessary for the legal system,[3] by developing a model of peaceful and just social relations. In this sense, the Buddhist Law never seeks to punish evil or conflict but rather to restore good or harmony, demonstrating that criminal justice fails whenever there is no social justice. The individual who commits crimes is the very expression of injustice and inequity of society, which has failed to educate or produce righteous citizens, reason why there must be pedagogical mechanisms to correct this systemic failure. The Maitriyana promotes a social transformation that is the only source of genuine hope to evanesce crime without the need to use fear or weapons. The libertarian meditation seeks to reform the character of the delinquent through the alternative authority of the Awakening (Bodhi), the Law (Dharma) and the spiritual commune (Sangha). The Buddhist Law has an approach that seeks the Cure (Nirvana) of crime through the understanding and evanescence of its causes, thus assuming the deep connection between criminal justice and social justice.[4] The Free and Enlightened Being (Arhat-Bodhisattva) teaches that when money income is equitably distributed then the level of crime and homicide is reduced to the minimum. This audacious and original idea of conceiving the origin of crime under economic conditions was not created by Karl Marx but by Siddhartha Gautama himself,[5] who taught that the problem of crime is originated when the State does not assume its role of distributive justice, because alienation and injustice are associated with violence, immorality and crime.[6] According to Maitriyana’s perspective, the issue of crime is interrelated with the social context in which it emerges, because when an apprentice enjoys political, economic, cultural and environmental welfare, his or her possibilities to commit crimes are reduced as much as possible. This means that it is useless and even self-contradictory any violent struggle against crime, since violence cannot be cured through violence. In this way, the Buddhist Law confirms that crime must be correctly confronted through non-violence, social justice, education and ecology, teaching that the ends are inseparable from the means. This teaching of compassionate wisdom (karuna-prajna) is the Maitriyana’s great contribution to the world juridical system, positioning the spiritual commune (sangha) as an organ of international ethical control so that humankind can follow an adequate example of life through the purification of the free expression of thought, word and act.[7] However, the legal code (vinaya) followed by the spiritual commune (sangha) raises rules that are not absolute but are open to revision and correction, since the development of Spiritual Awakening (Bodhi) must adapt to different social circumstances. In short, Buddhist Law considers that the best method of social treatment against crime is education, teaching the criminal to understand and refrain from criminal acts.[8] Thus, while the state legal system is simply focused on punishing or blaming a human being,[9] instead, the Maitriyana legal system seeks the reform or learning of said individual. The Buddhist Law is not governed by the system of violent punishment but by a practice of rehabilitation and educational reform of the individual’s mental patterns that have caused him/her to incur crimes, in addition to seek repentance and reconciliation (maitri) with those to whom he or she has offended. This healing legal approach can also be analyzed as a producer of a reintegrative shame,[10] aiming to calm the minds of victims and aggressors through catharsis, atonement, restitution and reconciliation (maitri).[11] Said mechanism is oriented to true harmonization of the social fabric, promoting the ethical unity rather than moral coercion that represses conflict and animosity. In this way, the Maitriyana establishes that happiness is found in the degree of reconciliation (maitri) that relations have and not in the degree of material possessions or status. This spiritual wealth forms an essential part of the ethical standards of the legal code (vinaya) created by Gautama, who has influenced legal systems such as those of Tibet and Bhutan, in which each apprentice has a legal responsibility to protect the dignity of the others’ life.[12] In this sense, the ethical-legal system of Buddhist Law promotes an honest model of life based on the quest for Truth, Good and pluralism, conceiving the restorative justice as a new legal model for the world by focusing on the need for spiritual harmonization and not in penal punishment. However, the existence of Maitriyana’s ethics committees and conscience tribunals is an offense against the legal monopoly that the state’s bureaucratic institutions have in order to maintain social control. Against this, the spiritual master declares that legal bureaucracy is the antithesis of the community’s justice,[13]  regulating the social cohesion through fear and not through organic communal relationships based on love and mercy. The justice system of the Buddhist Law is developed with compassionate wisdom (karuna-prajna), while the State justice system is developed with the fear to punishment. This is the cause of the failure of contemporary civilization in its struggle against crime, because it lacks the necessary solidarity to provide true justice. In this way, there is an almost irresolvable gap between both paradigms of justice.[14]

The Free and Enlightened Being (Arhat-Bodhisattva) understands that he or she is responsible for the welfare of all beings, reason why he/she dedicates his/her life to the Liberation of the international community. In this transnational framework, it is positioned the Maitriyana’s restorative justice, criticizing the United Nations system of world government for lacking ethical authority and compassionate wisdom (karuna-prajna). The Buddhist Law has a compendium of legal procedures and mechanisms associated with the endeavors by the spiritual commune (Sangha) to repair abuses against human dignity, by ensuring justice and reconciliation (maitri).[15] Therefore, Maitriyana’s ethics committees and conscience tribunals ethically condemn international crimes such as genocide, ethnic cleansing, crimes against humanity, ecocide and crimes against peace, satisfying the victims thirst for Truth. Even though the Buddhist Law does not resort to imprisonment, since this procedure is an incomplete form of justice,[16] certainly satisfies the need for recognition concerning the crimes occurred in society through simple and rapid mechanisms that attest the Truth of the facts. This is a tool for building peace and social justice, as it is a spiritual model of conflict resolution that lacks justice based on retaliation and revenge. Thus Maitriyana’s restorative justice is based on mercy and solidarity, seeking Truth and Reconciliation (Maitri), so that it can be applied both to local conflicts and to cases of massive abuses of human rights, such as has happened in Sri Lanka and Cambodia.[17] Like transitional justice, the Buddhist Law responds to impunity or injustice in cases of war crimes, crimes against humanity, ethnic cleansings or genocides, implementing principles of restorative justice through the contemplation (Zen) of Truth. Only this orientation toward social justice is capable of achieving a model of society based on peace and justice, by dissipating the causes of conflict and perceiving enemies as friends.[18] In effect, the spiritual master recommends eliminating malevolence and animosity as the main causes of war, eliminating these evils not through violent force but through social assistance, such as building schools and hospitals for those with whom the conflict was established. According to Maitriyana this is the only way in which, after a war, those who have been defeated will have no resentment against the victorious or invading nation. Only through wise and compassionate acts the terrorism can be adequately combated,[19] educating or helping the supposed enemies to change their vision. This healing process, which is a key in the Buddhist Law, requires courage and willingness on the part of the international community, even though restorative justice is a principle established in the very Charter of the United Nations, where the ideal of dialogue and conciliation is prioritized instead of violence.[20] In short, for the Maitriyana, war is an obsolete method for resolving disputes,[21] but even if this mechanism is used, precautions should be taken to maintain a just peace, respecting the human rights of those who have been defeated.[22]

The restorative justice of Buddhist Law is a path of life that allows the transformation of mind of the individual,[23] repairing the damage caused by the crime through a consensual resolution. But it is also sought the transformation of unjust structures of society that influence such criminal behaviors, producing then the emergence of non-violent societies.[24] These ethical values of restorative justice are not only employed by the Maitriyana movement, but have also been practiced by tribal or aboriginal communities for thousands of years.[25] In fact, the spiritual commune (sangha) created by Gautama is heiress of this social tradition of healing justice. While the state legal system is developed through governmental institutions, the Buddhist Law is developed through spiritual values. In this way, Maitriyana’s restorative or healing justice responds to harm with compassionate wisdom (karuna-prajna), considering that problems are always opportunities to teach those who have forgotten how to act righteously.[26] This means that the Buddhist Law not only helps the victim, but also helps the aggressors to return to their original spiritual nature. In understanding the aggressors in the context of their relationships, the restorative justice of Maitriyana does not resort to punishment but has as its Purpose (Dharma) the healing of both the victims and the aggressors.[27]

The Buddhist Law emphasizes justice as a quest for non-violence, solidarity, love and friendship, because it conceives the existence as an interrelated reality. This supreme form of restorative justice that characterizes Maitriyana deals with crime and conflict through mediation and reconciliation (maitri), teaching the society to prevent, participate, take responsibility, repair, reintegrate and transform, by eliminating the causes of suffering. Obviously, the Buddhist Law is a paradigm of justice that is alternative to that of the state legal system, trying to restore as much as possible the relationships affected by a crime or conflict. However, Maitriyana’s restorative justice is not really a new concept, but it has traditionally been practiced in tribal communities throughout the world for thousands of years,[28] where criminals should try to restore the psychological and spiritual well-being of the victims. These past practices include mediation, restorative conference,[29] restorative circles, and also the current commissions of Truth, promoting restitution, apologies, and behavioral changes,[30] which is a work based on a vision of society as interconnected.[31] The Buddhist Law develops the libertarian meditation, ethics and compassionate wisdom (karuna-prajna), which is why it eradicates the causes of suffering that are attachment, aversion and unconsciousness, teaching the apprentice to live with generosity, love and clear vision. These values are the only basis on which it is possible to create a pacifist politics, a just economy, a wise culture and a healthy environment.

Unlike state justice, which defines crime as a simple violation of laws and that considers the State as the victim, instead, the restorative justice of the Maitriyana considers crime as damage to the social relations of the individual who is the true victim. Therefore, while in state justice the State and the criminal are the parties involved in the process; in Buddhist Law the victim and the aggressor are the main actors. This juridical paradigm shift implies stop ignoring the needs and rights of the victim, who is central in the justice process.[32] But since the Maitriyana’s restorative justice appreciates the interpersonal dimension, obviously the rights and needs of the aggressor are also respected. In this way, there is an evolution from a technical and institutional interpretation in order to arrive at a political, economic and cultural interpretation of justice. Buddhist Law is then comparable with the ethical and philosophical values of social action,[33] giving importance to social relations, having a spirit of service, respecting the inherent dignity of the human being, behaving with integrity, developing a specialized knowledge in helping others and challenging poverty and social injustice.

The Maitriyana is the heir of two thousand six hundred years of struggle for social justice, so it has a leading role in providing ethical guidance to the international community, offering a way that is capable of eradicating both poverty and crime. This requires an egalitarian procedure which has been defined by Siddhartha Gautama as Detachment, while John Rawls has called it as the veil of ignorance.[34] The Buddhist Law is an innovative way to solve social problems by following the highest ethical ideals, building a peaceful, fair, cultured and healthy world. These principles that characterize the restorative justice of Maitriyana are the compassionate wisdom (karuna-prajna) as well as liberty, equality and fraternity. Thus, the Buddhist Law promotes the transformation and reconstruction of civilization under the premise of peace, justice, knowledge and ecology. This ethical orientation toward social action embodies the spiritual quest of the Cure (Nirvana) of the suffering of all beings with courage and equanimity, so that combating crime adequately is an axis of the restorative justice of Maitriyana. In effect, the Buddhist Law is a global movement that affirms that the justice’s punitive approach does not work, because punishing those who violate laws with imprisonment does not mean teaching or rehabilitating them, nor does it mean restoring the damage done to the victims. The state retributive justice focuses on violently punishing criminals, while restorative or reconciling justice focuses on helping the victims and curing the causes of crime.[35] Only the restorative justice that characterizes the Maitriyana can reconcile the victims with the offenders, transforming both through the power of love.

In accordance with Foucault, the Buddhist Law states that it is necessary a radical reexamination of the meaning, motive, means and the receiver of punishment,[36] because learning to forgive is to use the great potential of adversities to do good both to oneself and to others.[37] Precisely, the restorative justice of the Maitriyana carries out this overcoming of state criminal justice, developing a millennial system based on the assumption of responsibilities on the part of the criminal and also in satisfying the victim’s needs of reparation. While the Buddhist Law recognizes the inherent liberty of human being, at the same time it recognizes that society has negatively influenced the criminal through a political, economic, cultural and environmental context, so that said criminal must be provided with the possibility of accessing to a new context of rehabilitation, healing, transformation and reconciliation (maitri). Obviously, the Maitriyana’s restorative justice is part of the emergence of a new juridical paradigm in the contemporary world, although it is also heir of a thousand-year-old evolved legal tradition, since this system has been used by spiritual communities (sanghas) and Tribal peoples from Africa and Asia.[38] In these tribal legal systems crime was not seen as an attack against the State but rather as a violation against Inter-existence or social interrelation.[39]

The Buddhist Law is characterized by a communitarian ethical attitude, incorporating respect, solidarity and the assumption of responsibility within a juridical framework.[40] This implies a warm and loving attitude toward victims, seeking the reconciliation and healing of their emotional wounds instead of seeking mere financial compensation.[41] In this way, the procedures of ordinary civil justice are not able to offer this need for genuine emotional connection that the victim wishes in order to be able to feel mercy and forgive the aggression of the offender.[42] At the same time, ordinary criminal justice, by confining the aggressor in prison, annuls the right of repentance held by the delinquent, placing him/her in an environment where violence is the way to solve problems, so that it is also nullified his/her right to transformation, only teaching him/her to return to the criminal life.[43] On the other hand, in the restorative justice of Maitriyana the apprentice is encouraged to take responsibility for his/her actions and consequences, encouraging him/her to do things well and to try to repair the damage done. The view of Buddhist Law considers ethical judgment not as a violent punishment but as an opportunity for the transformation of the life of the criminal and the victim’s. This alternative method of conflict resolution – such as peace circles and group conferences – allows the individual to be able to reintegrate and feel that he or she is a member of society through the right action,[44] which is a method that reaffirms that what happened was wrong and should be avoided to be repeated. Maitriyana’s ethics committees and conscience tribunals seek to heal communitarian relations that have been damaged by crime, restoring both victims and aggressors through dialectical procedures that promote justice and peace. In accordance with Van Ness, the Buddhist Law proposes three steps of restorative justice: the encounter (emotional narrative and agreement of understanding), the amendment (apologies, behavioral change and generous restitution) and the reintegration (respect, material assistance and spiritual direction).[45] In short, Maitriyana’s juridical practice reveals fundamental ethical values that regard crime as an opportunity to prevent evil, doing the good and transform the mind into a path of love and solidarity.[46] Indeed, the Buddhist Law allows the victims to restore the Truth, incorporating the reality of crime to their identity, which is the evanescence of revenge and impunity. The restorative justice of Maitriyana differs from utilitarian justice and Kantian justice, since its Purpose (Dharma) is not the pursuit of utility neither retribution, but rather a sense of transformation and self-liberation through Truth. However, for the Free and Enlightened Being (Arhat-Bodhisattva), as well as for Foucault, justice implies a mode of resistance facing the subjectivation modes imposed by the dominant Power, which is evident in the way how in prison the human being is pigeonholed as if the crime committed were about his/her true identity. The Buddhist Law encourages the criminal to become an apprentice and seek his/her true sense or Purpose (Dharma), teaching him/her the possibility of re-creating himself in the context of transformative practices.[47] This new legal discourse proposed by Maitriyana is the Analytical-Existential-Libertarian Discourse (Buddha-Dharma-Sangha), teaching the society to pay full attention (Mindfulness) to the emergence or vital necessity of a new legal practice where cooperation and dialogue are privileged rather than domination and rhetoric.[48] The Buddhist Law seeks to completely transform and displace the current legal system. Therefore, this juridical revolution of Maitriyana is rather about a dynamic evolution, opening the way to new conditions of possibility of Law.[49] Even from the perspective of the spiritual master, restorative justice will eventually show its own weaknesses, allowing the future society to make a new evolution, since nothing is permanent.[50]

The Buddhist Law establishes that the state legal system is not only imperfect but also defective; frequently making the victims feel that they are ignored by prosecutors and judges. The Free and Enlightened Being (Arhat-Bodhisattva) does not consider that the current legal system is fair and effective at the time of combating crime, reason why the restorative justice of Maitriyana proposes the emergence of a new paradigm of justice. This paradigm embodied by the Buddhist Law promotes a meeting space for reparation and reconciliation (maitri) between victims and aggressors, providing the opportunity to heal individual and communitarian wounds, which is the best method of preventing recidivism of crime. Indeed, the Maitriyana provides a new scheme that redefines punitive and dissuasive punishment, teaching how to rehabilitate and transform the social response to crime. Thus, the Buddhist Law criticizes the deficiencies of criminal justice for providing an insignificant role to the vision of the victims of crime,[51] at the same time it is denounced as a structurally inefficient and ineffective legal system that is incapable of being just and equitable.[52] The Maitriyana’s restorative justice allows prioritizing the victim’s interests within the practices of legal system, while proposing a new mode of response and prevention in the face of crime, since imprisonment is exactly the opposite of the search for self-control and rehabilitation of the criminal: his/her dehumanization through the virtue of violence to resolve conflicts. Certainly the spiritual master teaches the criminal to be in charge of his/her life legitimately and peacefully facing frustration (dukkha), teaching him/her to regain a sense of respect both for himself and for the others.[53] The Buddhist Law states that prisons should be educational institutions that prepare criminals to carry out a righteous life. But given the high level of recidivism in crime, the current penal legal system reveals that prisons are really a place to worsen the subject’s psychic situation. Although the legal system should satisfy the appearance of justice,[54] as a basis for its legitimacy, only a small percentage of the population perceives the penal system as very just,[55] reason why the Maitriyana seeks the implementation of restorative justice as promotion of reparation, reconciliation and tranquility between the victim, the aggressor and the community.[56] Therefore, the procedures of Buddhist Law are not controlled by soulless professionals, but by the same affected community,[57] even by allowing the accused ones to participate actively in the proceedings and to experience the consequences of their actions in order to try to repair them but without endangering the emotional integrity of the victims. The Purpose (Dharma) of Maitriyana’s restorative justice is the just restoration of the victims, delinquents and communities,[58] reason by which these programs produce very low recidivism in crime. The criminal legal system is not only ineffective for not incorporating the voice of the victims, but also for producing an enormous amount of bureaucratic steps that require a great monetary cost for society. At the same time that Buddhist Law reduces crime with great efficiency, it is an alternative paradigm of low cost, not only because it reduces enormously the amount of procedures and times of the judicial courts, but also because it offers a mechanism of punishment that is different from that of imprisonment, since the latter is just one of many forms of punishment. Indeed, the Free and Enlightened Being (Arhat-Bodhisattva) confirms that the harm and limitation of the criminal’s freedom is neither the only way in which justice can be done nor the only way in which society can disapprove criminal conduct.[59] Thus, the Maitriyana reveals that the psychological rehabilitation of the criminal along with the compensation of the victim is a form of constructive punishment very different from the penitentiary criminal paradigm. Therefore, the Buddhist Law is actually an alternative to criminal punishment but also an alternative form of ethical punishment that spiritually condemns individual, corporate or governmental conduct. In fact, ethical or non-violent punishment is an indispensable aspect of the restorative justice of Maitriyana,[60] stating that the incarceration paradigm is a stereotyped form of punishment. Instead, peacefully confronting the criminal in order that he or she apologizes and attempts to mend the harm done proves to be the healthiest and most adequate form of punishment. By not associating punishment with imprisonment the Buddhist Law can pass through the ethics of the Middle Way without resorting to the extremes of violence and condescension, working in the construction of a sort of punishment that amends the suffering of the victims.[61] In short, the Maitriyana considers that punishment for criminals should be used not because they deserve it, but rather to increase social welfare. In this way, the spiritual master teaches to perceive that a criminal is not a bad person, but is rather someone who has committed a bad act,[62] demonstrating simultaneously that there are no Free and Enlightened Beings (Arhats-Bodhisattvas) but rather there are free and enlightened acts. This insubstantializing attitude considers that the human being is what he or she does, so if he or she stops doing evil and begins to do good, then he or she can purify his/her mind and reach the transformation and Awakening (Bodhi) to Truth. Just like raising a child, this attitude of the Buddhist Law allows disciplining in a way that demonstrates disapproval of bad behavior and simultaneously demonstrates its solidarity and respect.[63] In this sense, Maitriyana’s ethics committees and conscience tribunals encourage the criminal to take responsibility for his/her actions and to apologize publicly, starting the first step towards the slow and arduous rehabilitation. This implies that Buddhist Law regards its procedures as therapeutic courts where the human being can abandon the repetition (karma) of his/her criminal acts and begin to identify with the vision of others, especially with the feelings of victims. In the Maitriyana the goal of restorative justice is then the Cure (Nirvana) of the psychic illness of the criminal and also is the Reconciliation (Maitri) with his/her victim, who needs healing from his/her wounds through love. The punitive condemnation is not the dominant aim of the Law, but it is the reform and rehabilitation of criminals.[64] Therefore, the Buddhist Law is a legal system with integrity and compassionate wisdom (karuna-prajna).

In conclusion, the Buddhist Tribunal on Human Rights has the Purpose (Dharma) to guide the peoples of the world through righteousness and the Supreme Law, which implies a direct criticism of those ineffective Courts that are violating their own duty of Justice. Therefore, it is established that the INTER-AMERICAN COMMISSION ON HUMAN RIGHTS (IACHR) is violating the rights of the Buddhist Peoples and the Spiritual Communities, especially violating their individual and collective tribal rights. Undoubtedly, the international courts should be regulating the States so that the local tribunals do not violate the fundamental rights, providing a model of fast and effective restorative justice. Without a Humanitarian Purpose, the international Courts become bureaucrats and insensitive to the suffering of the victims, contributing to the perversion of justice instead of contributing to its Cure. Only by practicing the Path of Restorative Justice, as prescribed by Master Gautama and many contemporary jurists, the international courts will be able to function effectively and respect fundamental rights, understanding at all times that injustice is one of the principal ills of the world. In this way, the Case on the INTER-AMERICAN COMMISSION ON HUMAN RIGHTS (IACHR) is a great teaching for national and international courts, perfectly proving that if the Courts do not allow simple, fast and effective resources for citizenship to have justice, then Courts are unjust and contrary to solidarity and Truth. The Courts have a duty to be faithful to the supreme human rights to peace and justice, because if they function in a bureaucratic way they become oppressive instruments and are contrary to the intrinsic dignity of the human being.

It is also put on record the fact that during the last two years, the INTER-AMERICAN COMMISSION ON HUMAN RIGHTS (IACHR) has done absolutely nothing to resolve the framework of impunity in Argentina, where millions of people haven’t had adequate access to justice, so that a framework of systemic corruption that oppresses society prevails. Within these millions of victims who have been deprived of accessing to justice it can be found not only the International Temple World Association of Buddhism but also the prosecutor Nisman, who was not only murdered with total impunity but, in addition, the Argentine government participated actively in covering-up of said homicide. Faced with this very serious situation, the INTER-AMERICAN COMMISSION ON HUMAN RIGHTS (IACHR) never sought to sanction the Argentine State.

Following the Path of Master Gautama, who developed a communal and international legal framework, the Buddhist Tribunal on Human Rights oversees that national and international courts are righteous, fair and ethical, never betraying the fundamental rights, so that the INTER-AMERICAN COMMISSION ON HUMAN RIGHTS (IACHR) has therefore been sentenced as “Responsible” for the VIOLATION OF THE RIGHTS OF BUDDHIST PEOPLES AND SPIRITUAL COMMUNITIES.

 

With a spirit of reconciliation (maitri),

Master Maitreya Samyaksambuddha

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

 

 

 

[1] Deirdre Golash, Punishment: An Institution in Search of a Moral Grounding.

[2] David R. Loy, How to Reform a Serial Killer: The Buddhist Approach to Restorative Justice.

[3] Martin Wright, Justice for Victims and Offenders.

[4] Cakkavatti-Sīhanāda Sutta.

[5] Richard Gombrich, Theravada Buddhism.

[6] Kutadanta Sutta.

[7] Nandasena Ratnapala, Crime and Punishment in the Buddhist Tradition.

[8] Nandasena Ratnapala, Crime and Punishment in the Buddhist Tradition.

[9] Howard Zehr, Changing Lenses: A New Focus for Crime and Justice.

[10] John Braithwaite, Crime, Shame and Reintegration,

[11] Rebecca Redwood French, The Golden Yoke: The Legal Cosmology of Buddhist Tibet.

[12] Rebecca Redwood French, The Golden Yoke: The Legal Cosmology of Buddhist Tibet.

[13] J. Peter Cordella, Reconciliation and the Mutualist Model of Community.

[14] David R. Loy, How to Reform a Serial Killer: The Buddhist Approach to Restorative Justice.

[15] United Nations’ Security Council, The Rule of Law and Transitional Justice in Conflict and Post Conflict Societies, S/2004/616, 23 August 2004.

[16] Rev. John M. Scorsine, Buddhist Perspectives on Transnational Restorative Justice.

[17] P. Manning, Governing memory: Justice, reconciliation and outreach at the Extraordinary Chambers in the Courts of Cambodia.

[18] Arya-satyaka-parivarta.

[19] Rev. John M. Scorsine, Buddhist Perspectives on Transnational Restorative Justice.

[20] Artículo 33. Carta de Naciones Unidas.

[21] T. Gyatso, The pocket Dalai Lama.

[22] John M. Scorsine Reconciliation and Postbellum Restoration: The Buddhist Perspective.

[23] Daniel W Van Ness, Restorative Justice as World View.

[24] D.G. Gil, Toward a ‘radical’ paradigm of restorative Justice.

[25] Daniel W Van Ness, Restorative Justice as World View.

[26] Jarem Sawatsky, The Ethic of Traditional Communities and the Spirit of Healing Justice: Studies from Hollow Water, the Iona Community, and Plum Village.

[27] Jarem Sawatsky, The Ethic of Traditional Communities and the Spirit of Healing Justice: Studies from Hollow Water, the Iona Community, and Plum Village.

[28] Carina Pichler, Peace through Peaceful Means: A Buddhist Perspective on Restorative Justice.

[29] Ted Wachtel, Defining Restorative Justice.

[30] Daniel Van Ness, The Shape of Things to Come: A Framework to think about a Restorative Justice System.

[31] Howard Zehr, The little Book of Restorative Justice.

[32] H.A. Zehr, Changing Lenses.

[33] E. H. Judah & M. Bryant, Criminal Justice: Retribution vs. Restoration.

[34] J. Rawls, A Theory of Justice.

[35] James Blumenthal, Toward A Buddhist Theory of Justice.

[36] Michel Foucault, Interview with Actes, in Power 394, 398-99 (The New Press 2000).

[37] John Braithwaite, Restorative Justice & Responsive Regulation 3 (Oxford University Press 2002).

[38] Michael L. Hadley, The Spiritual Roots of Restorative Justice.

[39] Howard Zehr, The Little Book of Restorative Justice.

[40] Frank D. Hill, Restorative Justice: Sketching a New Legal Discourse.

[41] H. Strang & L. W. Sherman, Repairing the Harm: Victims and Restorative Justice.

[42] Frank D. Hill, Restorative Justice: Sketching a New Legal Discourse.

[43] P. A. Langan & D. J. Levin, Recidivism of Prisoners Released.

[44] Martin Wright and Guy Masters, Justified Criticism, Misunderstanding, or Important Steps on the Road to Acceptance?

[45] Daniel Van Ness, The Shape of Things to Come: a Framework for Thinking about a Restorative Justice System.

[46] J. Braithwaite, Restorative Justice & Responsive Regulation.

[47] Frank D. Hill, Restorative Justice: Sketching a New Legal Discourse.

[48] Frank D. Hill, Restorative Justice: Sketching a New Legal Discourse.

[49] Frank D. Hill, Restorative Justice: Sketching a New Legal Discourse.

[50] M. Foucault, The Subject and Power.

[51] G. P. Fletcher, With Justice for some: victims’ rights in criminal trials.

[52] Z. D. Gabbay, Justifying Restorative Justice: A Theoretical Justification for the Use of Restorative Justice Practices.

[53] H. Zehr, Changing Lenses: a new focus for crime and Justice.

[54] Offutt v. United States, 348 U.S. 11, 14 (1954).

[55] U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, Sourcebook of Criminal Justice Statistics Online (2003).

[56] H. Zehr, Changing Lenses: a new focus for crime and Justice.

[57] Barb Toews Shenk & Howard Zehr, Ways of Knowing for a Restorative Worldview.

[58] John Braithwaite, A Future Where Punishment Is Marginalized: Realistic or Utopian?

[59] A. Von Hirsch, Censure and Sanctions.

[60] Zvi D. Gabbay, Justifying Restorative Justice: A Theoretical Justification for the Use of Restorative Justice Practices.

[61] Jean Hampton, Correcting Harms Versus Righting Wrongs: The Goal of Retribution.

[62] Zvi D. Gabbay, Justifying Restorative Justice: A Theoretical Justification for the Use of Restorative Justice Practices.

[63] Zvi D. Gabbay, Justifying Restorative Justice: A Theoretical Justification for the Use of Restorative Justice Practices.

[64] Williams v. New York, 337 U.S. 241, 248 (1949).

 

 

CASE 27-2017: Inter-American Commission on Human Rights (IACHR)

 

By Master Yan Maitri-Shi, Prosecutor

 

HONORABLE JURY OF INTERNATIONAL BUDDHIST ETHICS COMMITTEE (IBEC) & BUDDHIST TRIBUNAL ON HUMAN RIGHTS (BTHR)

After Legitimating and Validating Evidences and Charges by Master Maitreya, President and Spiritual Judge of IBEC-BTHR, it is addressed the case against the accused party, “Inter-American Commission on Human Rights (IACHR)”. This investigation was initiated from the Case Argentina.

The Charges by which the International Buddhist Ethics Committee is accusing “Inter-American Commission on Human Rights (IACHR)” are enumerated below:

• Violation on the Rights of Buddhist Peoples and Spiritual Communities

Therefore, it is detailed a series of EVIDENCES that support the Charges referred so that the Jury members decide about the possible “Responsibility”, “Innocence” or “Insanity” of the accused. Such evidence come from graphic and audiovisual media that have been gathered, sorted and confirmed in their order and context as Means of Proof in order to know, establish, dictate and determine the Responsibility of the Accused for committing the aforementioned Charges.

The procedure established in the Statute of INTERNATIONAL BUDDHIST ETHICS  COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS provides both bodies the ostentation to enjoy independence and liberty from state and national regulation and control, besides having the legality and acting as a Buddhist People in order to assert its customs, traditions, practices, procedures, judgments and rights as well as acting in pursuit of the development of Spirituality, of Buddhist Ethics, and of the defense of International Human Rights. This procedure has the particularity, singularity and distinction of having “Special Jurisdiction of the Tribal Law” and “Universal Jurisdiction of the International Law”, thus having the Character, Juridical validity, Legal Powers, infrastructure, Training and Capability necessary to be Actor, Administrator and Executor of Justice in this realm and exercise, by judging of the Accused by means of an Ethical Judgment whose Purpose is Truth, Reconciliation and Learning.-

 

DETAILS OF THE CASE

INTERNATIONAL BUDDHIST ETHICS COMMITTEE: In 2013 the World Association of Buddhism was threatened with death. As Argentina’s justice system did nothing about it, the aggressor assaulted the Buddhist Temple directors with a shotgun. He then violently attacked the President in order to kill him, despite the fact that no verbal or physical response had been made against the aggressor. Faced with this serious episode that constitutes an attempted murder, the Argentine police and prosecutors did absolutely nothing, claiming that it was a “neighborhood conflict”, so they never detained the aggressor, nor did they make a search warrant in order to seize weapons. The Prosecutors office considered the case as something of “minor” importance that should not be addressed by criminal justice. In the local Bar Association the directors of the World Association of Buddhism (WBA) were told that this case was unsolvable because it was a “neighborhood conflict”, and that Justice would not act, so they recommended moving or making a false report on sexual harassment on the part of the aggressor against the WBA’s female director. Faced with all these deep irregularities on the part of the Justice, the World Association of Buddhism resorted to the Argentine Ombudsman’s Office (Defensoría del Pueblo de la Nación Argentina), who defended the actions of the Prosecutor’s Office. As episodes of violence went unpunished, in 2014, this time the aggressor’s family members carried out violent attacks against the World Association of Buddhism. Not only did the Prosecutors Office not act in the face of these facts but it also disrespected the directors of the Buddhist Temple, stating that the case was not important. It also denied the right to Legal Representation, which violates one of the pillars of the Argentine constitution and its legal procedure. For this reason, in 2015 the International Buddhist Ethics Committee made a criminal complaint against the Prosecutor for the offense of “failure to comply with the duties of a public official,” which was not even answered by the Argentine justice or by the government, being a clear act of impunity and discrimination. The death threats, the assault with a firearm, the brutal physical beating, the lynching attempt, the insults, among others, all of this has caused emotional damage to the Buddhist Temple, reason why it resorted to the Inter-American Commission on Human Rights (IACHR) in order to act and solve this framework of impunity, since it has a duty to monitor human rights violations in Argentina. However, the IACHR never acted or considered the case with the seriousness it deserved, again producing a revictimization for being accomplices of the Argentine State.

In 2016, the World Association of Buddhism made its second complaint against Argentina before the Inter-American Commission on Human Rights. Unlike the first complaint for violation of the human right to justice, the second complaint alleged religious discrimination. On this occasion, given the conditions of poverty and marginalization in which the Buddhist Temple resides, the Argentine State has been required to grant the same rights and benefits as the Catholic Church in Argentina, where around 20 thousand priests and nuns receive enormous amounts of money from the State, in addition that said Church receives millions in subsidies, state donations, buildings and properties, and even judicial protection. All this framework of enormous benefits received by the Catholic Church constitutes a religious discrimination against other spiritual communities in the country, which are completely ignored and receive no political, economic, cultural or environmental benefits. For such reason, through communal Buddhist opinions, letters and resolutions, this situation has been claimed before the Governor of Buenos Aires, the Argentine Minister of Foreign Affairs and Religion and also to the President of Argentina, all of whom have systematically ignored such claims of Equality, thus violating the National Constitution of the country and the International Covenants on Human Rights. First of all, the Articles 16 and 75 of the Argentine National Constitution establish the right to equality, especially by granting constitutional hierarchy to international human rights instruments enshrining the principle of equality and non-discrimination; Article 2 of the American Declaration of the Rights and Duties of Man; the Article 1 of the Universal Declaration of Human Rights; Article 24 of the American Convention on Human Rights; Article 26 of the International Covenant on Civil and Political Rights; Articles 2, 3 and 7 of the International Covenant on Economic, Social and Cultural Rights; Article 1 of the International Convention on the Elimination of All Forms of Discrimination against Women; Articles 2 and 30 of the Convention on the Rights of the Child. Secondly, Argentine law No. 23,592 criminalizing discriminatory acts states: “Anyone who arbitrarily prevents, obstructs, restricts or in any way undermines the full exercise on an equal basis of the fundamental rights and guarantees recognized in the National Constitution shall be obliged, at the request of the victim, to render ineffective the discriminatory act or cease in its realization and to repair the moral and material damage caused. For the purposes of this article, discriminatory acts or omissions determined for reasons such as race, religion, nationality, ideology, political or trade union opinion, sex, economic status, social status or physical characteristics shall be considered particularly”. Thirdly, Article 12 of the International Labor Organization (ILO) Convention No. 169 on Indigenous and Tribal Peoples of 1989, which prescribes: “The peoples concerned shall be safeguarded against the abuse of their rights and shall be able to take legal proceedings, either individually or through their representative bodies, for the effective protection of these rights.” With regard to the economic and social discrimination that the Temple receives, it has resorted to institutions such as INADI that fight against discrimination, which unjustifiably delay their actions. In addition, there are two internal laws such as 21,745 and 21,950, which are deeply discriminatory in favor of Catholicism, since they were promoted during the time of the Argentine military Dictatorship, at which time the Catholic Church collaborated and supported the regime. The Minister of Foreign Affairs and Religion, as well as the President of Argentina, have been required to cancel the discriminatory benefits received by the Catholic Church or, failing that, to extend these benefits to the rest of the country’s spiritual communities, alleging that the current order is discriminatory and illegal. There was silence and indifference on the part of the State. It has been asked to immediately stop this discriminatory system, in which the Catholic Church receives millions of funds, while other spiritual communities are exposed to poverty, marginalization and exclusion. Given the state of poverty and marginalization in which the Buddhist Temple World Association of Buddhism is, it was requested that the IACHR present an urgent precautionary measure to protect the organization’s access to Equality, eliminating the discriminatory situation that is undeniable and unconstitutional. However, in 2017 this request was rejected by the IACHR.

 

EVIDENCES

Evidence 1: Impunity

INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS: “(2016). Dear Sirs of the IACHR, In reference to your application “MC-284-15” signed by Ms. Elizabeth Abi-Mershed, I hereby communicate with you as the highest authority of the International Buddhist Ethics Committee & Buddhist Tribunal on Human Rights in order to respond appropriately to your official message, which has taken 1 year to come. In this regard, we present below a series of points that we request to be answered as soon as possible: 1. We express our disagreement with the work of the IACHR in our case, since it has contributed to the impunity we have received from the Argentine Judicial Power. We wonder how is it possible for the highest American authority on Human Rights to take 1 year to simply answer a petition. 2. We also wonder how the IACHR would have responded if the petition had been made on behalf of a bishop or Cardinal of the powerful Catholic Church. 3. We clarify that in the last few months we have sent numerous letters to all major organs of Argentina (presidency, governorate, human rights secretariat, etc.) and all of them have ignored our complaints about the impunity we have received from judicial institutions in the face of a series of attacks against our lives. In fact, government officials from Buenos Aires have telephoned us to intimidate us and they’ve scoffed at our requests to fight against impunity. This situation of contempt is a product of our economic condition of humility, which makes us to live a style of existence detached from fame, wealth and power. 4. We note that in the recent formal letters to those Argentine officials we have denounced acts of religious discrimination committed by the Argentine State, which not only provides salaries and subsidies to Catholic Church officials, but also offers a system of dominium regularization (land-ownership regularization) of their properties, not offering such benefits to other religions’ temples. Faced with this important denunciation, we have only received indifference from the authorities. 5. Please note that, attached, I am sending you the formal complaints we have filed a year ago against the prosecutors in our case. These denunciations have been completely ignored by the judicial system, violating our most basic and essential procedural guarantees in accessing justice, which is a scandalous lack of protection that guarantees impunity for perpetrators who have committed the attacks against our physical integrity, thus damaging the spiritual lifestyle we develop as a Buddhist commune. 6. We urgently request that the IACHR begin to function properly and promptly, as we have perceived a malfunction of this prestigious institution, which has not shown implementation and defense of simple and rapid judicial resources to fight against injustice in America. It is essential that the IACHR functions as it did in its best times, as when it defended the rights of the Saramaka people making history in the field of International Law. In this way, we demand the recognition and protection of the Human Right to Peace and Human Right to Justice owned by our Buddhic people. 7. We take the opportunity to state that we have noticed that one of the members of the IACHR is a famous Argentine jurist who has been found responsible for the management of brothels in Buenos Aires, and that in one of his rulings in Argentina he justified the acts of a rapist when saying that it had happened with the “lights off”. In addition, we are aware that this jurist is currently defending legally the former President of Argentina, Cristina Fernandez, who is responsible for systematically violating the Argentine Law and also for having committed Crimes against Humanity, as demonstrated by the investigation performed by our Tribal Court in November 2015. For this reason, we request that an internal ethical review or judgment will be carried out by the IACHR to purify all members who have committed or defend violations against Human Rights. 8. We are willing to give our lives in defense of Human Rights and fundamental freedoms, and this commitment has brought us to suffer indifference and acts of censorship against our ethical and spiritual activities. We wonder if members of the IACHR are willing to make the same sacrifice in defense of Freedom, Equality and Fraternity.”

INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS: “(2016). Dear Mr. Garelli of IACHR, While we appreciate your response after 3 months of the presentation, we confirm that all this information has already been duly sent to the IACHR when in 2015, in a case presented by the BUDDHIST TRIBUNAL ON HUMAN RIGHTS, the Argentine State was denounced precisely because of the indifference facing the violent attacks we have received. The IACHR showed the same indifference. Even after criminally denouncing the Prosecutors Office, Argentine State did not even respond to the criminal complaint. This was notified to the IACHR yet there was no response from it. The information you are requesting has already been delivered on numerous occasions, but also seem to be ignoring the purpose of our new presentation, which is for Religious Discrimination when providing millions in funds to Catholicism and denying all kinds of benefits to the rest of the communities. If now, after three years of the events, the IACHR decides to act so that there is no impunity for the attacks, we request two things: 1- that the IACHR read all the documentation submitted to it by the Buddhist Tribunal on Human Rights in 2015; 2- that the IACHR does not ignore the religious discrimination at economic, political and cultural level that is carried out in favor of Catholicism with sums of millions in resources. We clarify that all instances of the Argentine State (executive, legislative and judicial, ombudsmen, etc.) have ignored our claims, opinions and other actions. We have been waiting for the IACHR to have a different kind of behavior.”

INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS: “(2017). Dear Inter-American Commission on Human Rights (IACHR) and President Francisco José Eguiguren Praeli, In reference to your letter dated May 17, 2017, signed by the Assistant Executive Secretary, Elizabeth Abi-Mershed, where the IACHR refuses to grant a precautionary measure in favor of the World Association of Buddhism, we communicate with you in order to request a formal response within 5 days on the following issues, as our community is evaluating measures to be taken against the IACHR’s position. If not answered, this will be considered as an official response of indifference. The INTERNATIONAL BUDDHIST ETHICS COMMITTEE & BUDDHIST TRIBUNAL ON HUMAN RIGHTS is interested in knowing which measures will be taken by the IACHR in reference to the petitions presented by our Buddhist Community: MC 284-15 and MC 487-16. This is because during the term of two years the IACHR has done nothing and has maintained a status quo of impunity over the violations of individual and collective human rights suffered by our international community in Argentina. We recall that case MC 284-15 was presented about serious violent attacks that remained unpunished thanks to the Argentine justice system, despite the fact that there were episodes of death threats, assault and attempted homicide; while case MC 487-16 was presented on the religious discrimination enjoyed by the Catholic Church, which enjoys billions of economic contributions by the Argentine State, such as immovable property, salaries as high as those of a judge, and free travel tickets, among others, while most of the rest of religious and spiritual communities in Argentina suffer from insufficient resources. We recall that in the case MC 284-15 there is a clear and obvious violation of the human right to peace, life, physical integrity, and access to justice; while in case MC 487-16 there is a clear and evident violation of the human right to equality and religious non-discrimination.  In addition, the Buddhist Communities are Tribal Peoples, so that they are not only covered by individual international human rights treaties but also by collective human rights treaties such as Convention 169 of the International Labor Organization on Indigenous and Tribal Peoples. This fact has been clearly demonstrated in the Universal Declaration on the Rights of the Buddhist Peoples, that is hereby attached, and that was created within the framework of UNITED BUDDHIST NATIONS ORGANIZATION, which is the second most important Buddhist institution in the world.  Ergo, it is requested that within a term of no more than 5 days, the Inter-American Commission on Human Rights submits a plan for the protection of the fundamental rights of our Buddhist Community in Argentina, which is the headquarters to the international temple World Association of Buddhism. In case there is no response at all, it will be regarded as indifference and impunity in the face of the human rights violations that were denounced years ago, which would put the IACHR in violation and serious misconduct before our ancient legal practices inherent in Buddhist Tribal Law.”

 

Evidence 2: Violation of the Universal Declaration on the Rights of the Buddhist Peoples and Spiritual Communities

UNIVERSAL DECLARATION ON THE RIGHTS OF BUDDHIST PEOPLES AND SPIRITUAL COMMUNITIES: “Encouraging States to respect and fully comply with their internationally legal obligations toward the Buddhist Peoples and Spiritual Communities, establishing relations based on liberty, equality and fraternity; (…) Contemplating that the Buddhist Peoples and Spiritual Communities not only possess all individual human rights without discrimination but they also possess collective human rights that are indispensable for their existence, welfare and tribal or communal development; (…)Article 4: States have the duty to take legal responsibility for developing systematic and coordinated actions in order to protect individual rights and collective rights of the Buddhist Peoples and Spiritual Communities, ensuring respect for their physical, mental and spiritual integrity. These governmental actions must include: measures to ensure that members of the Buddhist Peoples and Spiritual Communities are able to enjoy equal rights and opportunities as the rest of the population; measures to promote full compliance with the political, economic, cultural and environmental rights, respecting their social identity, their spiritual traditions and their institutions; measures to help members of the Buddhist Peoples and Spiritual Communities to eliminate socio-economic differences that exist with the other members of the national population in a way that is consistent with their spiritual aspirations and lifestyles. Article 5: Buddhist Peoples and Spiritual Communities have the right to fully enjoy human rights and fundamental freedoms without any discrimination, coercion or obstacle, by applying the provisions of this Universal Declaration into men members and women members without discrimination. Article 6: States have the duty to take necessary special measures to safeguard individuals and institutions of Buddhist Peoples and Spiritual Communities, having to take care of their security, their jobs and communal assets as well as their cultures and environment. These special measures should not be contrary to public expressions of Buddhist Peoples and Spiritual Communities, nor should they undermine the civil rights of the beneficiaries. (…)Article 9: Buddhist Peoples and Spiritual Communities have the right to maintain and develop their own political, economic, cultural and legal institutions, while maintaining the right to fully participate -if they wish- in the political, economic, cultural and environmental life of the rest of society. Article 10: States have the duty to take social customs, legislative institutions and customary Law of Buddhist Peoples and Spiritual Communities into account, provided these are not incompatible with the fundamental freedoms and human rights nationally and internationally recognized, having to highlight the traditional methods of conflict resolution both in cases of crimes committed by their members as well as in cases where the members are the victims. To do this, the judicial authorities and state courts should take duly into account the customary Law and social customs of the Buddhist Peoples and Spiritual Communities. Article 11: The Buddhist Peoples and Spiritual Communities have the right to fast, fair and equitable procedures for the peaceful resolution of conflicts with States and disputes with private institutions and other citizens, as well as full reparation of the injuries they have suffered on their individual and collective rights. In these procedures it should be duly taken into account the international human rights laws, traditional customs, ethical standards and Tribal legal systems of Buddhist Peoples and Spiritual Communities.  (…) Article 14: States have the duty to ensure that governmental authorities in charge of the collective rights of Buddhist Peoples and Spiritual Communities properly recognize, observe, abide, respect and comply their constitutional functions and also the agreements and laws of international treaties, especially on tribal communities and ethnic minorities, having to consult to the spiritual commune about legislative measures, planning, coordination, implementation and evaluation of social programs that affect them directly, such as health and housing. Article 15: Buddhist Peoples and Spiritual Communities have the collective right to live in liberty and peace, maintaining their spiritual difference with regard to the general population without being subjected to any act of violence. (…)Article 18: Buddhist Peoples and Spiritual Communities have the right to establish and determine their own development projects of their social institutions, such as political, economic, juridical and educational systems and for such purposes they should receive the financial and technical resources through States or international organizations, without discrimination regarding their own priorities and strategies with regards to the processes of social development, to the extent that it affects their survival, lifestyles, beliefs, lands and spiritual well-being. Article 19: International bodies and intergovernmental organizations have a duty to contribute with technical and financial means to the full realization of the rights of Buddhist Peoples and Spiritual Communities, establishing procedures to ensure the participation of communes in matters that involve them. Article 20: Buddhist Peoples and Spiritual Communities have the right to free determination and control of their own political, economic, cultural and environmental development in order to enforce their human rights. Whenever they have been deprived of their means of survival and development activities, they are entitled to demand a just and fair redress. Article 21: Buddhist Peoples and Spiritual Communities, from their right to self-determination, have collective rights to autonomy or self-government in matters relating to their internal affairs, also having the right to dispose of means for financing their autonomous functions and activities. Article 22: States have a duty to consider the improvement of living conditions, such as health, education, work, housing and security as a priority of Buddhist Peoples and Spiritual Communities, carrying out effective measures and special projects of ongoing social development in the regions where they live without negatively influence in their politics, economy, culture and environment, and mindfully taking care of the conditions of women, children, elderly and disabled people of the communes. Article 23: States have the duty to take special measures to ensure work or to protect the economic conditions of the Buddhist Peoples and Spiritual Communities, in so far as members are not effectively protected by labor legislation. Article 24: States have the duty to undertake measures to prevent any kind of discrimination against Buddhist Peoples and Spiritual Communities, especially in matters of social justice and freedom of association. Article 25: States have the duty to refrain from attempt to charge taxes on Buddhist Peoples and Spiritual Communities, respecting not only their economic autonomy but also the reality that they have limited income and it is mainly used for humanitarian purposes. (…) Article 45: States have the duty to adopt administrative and legislative measures that are respectful of legal systems and spiritual traditions of Buddhist Peoples and Spiritual Communities, in order to apprise them their constitutional rights and duties, especially their tribal collective rights as regards to political autonomy, economic possibilities, cultural issues of education and justice, and rights to peace and a healthy environment. (…) Article 57: The rights to peace and healthy environment recognized in this Universal Declaration constitute the minimum laws for survival, dignity, welfare and liberty of Buddhist Peoples and Spiritual Communities around the world.”

 

Evidence 3: VIOLATION ON THE HUMAN RIGHT TO PEACE

SANTIAGO DECLARATION ON THE HUMAN RIGHT TO PEACE: “Considering that the uniform, non-selective and adequate application of international law is essential to the attainment of peace; and recalling that Article 1 of the UN Charter identifies as the fundamental purpose of the Organization the maintenance of international peace and security, which should be achieved inter alia through the economic and social development of peoples and the respect of human rights and fundamental freedoms without any kind of discrimination;  (3) Recognising the positive dimension of peace which goes beyond the strict absence of armed conflict and is linked to the elimination of all types of violence, whether direct, political, structural, economical or cultural in both public and private sectors, which in turn requires the economic, social and cultural development of peoples as a condition for satisfying the needs of the human being, and the effective respect of all human rights and the inherent dignity of all members of the human family; (4) Considering that peace is inseparable from the diversity of life and cultures where identity is the base of life; and thus affirming that the foremost among rights is the Right to life, from which other rights and freedoms flow, especially the right of all persons to live in peace;  (…) (7) Conscious of the vulnerability and dependence of every human being, and of the fact that certain circumstances render given groups and persons especially vulnerable; and aware of the need and the right of all persons to live in peace and to have established a national and international social order in which peace has absolute priority, so that the rights and freedoms proclaimed in the Universal Declaration of Human Rights can be fully realised; (…)(21) Considering that the promotion of a culture of peace, the world-wide redistribution of resources and the achievement of social justice must contribute to the establishment of more just global economic relations which will facilitate the fulfilment of the purposes of this Declaration, by eliminating the inequalities, exclusion and poverty, because they generate structural violence which is incompatible with peace at both national and international levels; (22) Affirming that peace must be based on justice, and that therefore all victims have a right to recognition of their status as victims without discrimination, to justice, to Truth and to an effective reparation, as provided for in General Assembly resolution 60/147 of 16 December 2005, which proclaims the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, thereby contributing to reconciliation and the establishment of lasting peace; (…)(28) Affirming that the human right to peace cannot be achieved without the realization of the equality of rights and respect for gender based differences; without respect for different cultural values and religious beliefs that are compatible with the universally recognized human rights; and without the elimination of racism, racial discrimination, xenophobia and other forms of related intolerance; (29) Convinced that it is urgent and necessary that all States recognize peace as a human right and that they ensure its enjoyment by all persons under their jurisdiction, Without any distinction, independently of race, descent, national, ethnic or social origin, colour, gender, sexual orientation, age, language, religion or belief, political or other opinion, economic situation, heritage, diverse physical or mental functionality, civil status, birth or any other condition; (…) Article 3 Right to human security and to live in a safe and healthy Environment 1.- Individuals have the right to human security, including freedom from fear and from want, both being elements of positive peace. 2.- All peoples and individuals have the right to live in a private and public Environment that is safe and healthy, and to be protected against any act or threat of physical or psychological violence, whether originating from State or non-State actors. (…) 4.- Freedom from want implies the enjoyment of the right to sustainable Development and of economic, social and cultural rights, in particular: a.-) The right to food, drinking water, sanitation, health, clothing, housing, education and culture; b.-) The right to work and to enjoy fair conditions of employment and trade union association; the right to equal remuneration among persons who perform the same occupation or function; the right to access to social services on equal terms; and the right to leisure. (…) Article 11 Rights of all victims 1.- All victims of human rights violations have the right, without discrimination, to recognition of their status as such and to an effective remedy to protect them against violations of human rights, particularly of the human right to peace. 2.- All individuals have an inalienable right, not subject to statutory limitations, to obtain justice in respect of gross violations of human rights, including the investigation and determination of the facts, as well as the identification and punishment of those responsible. 3.- The victims of human rights violations, the members of their families and society in general have the right to know the truth, not subject to statutory limitations. 4.- Every victim of a human rights violation has the right, in accordance with international human rights law, to the restoration of the violated rights; to obtain effective and complete redress, including the right to rehabilitation and compensation; measures of symbolic redress or reparation as well as guarantees that the violation will not be repeated. Such redress shall not preclude recourse to popular courts or tribunals of conscience and to institutions, methods, traditions or local customs of peaceful settlement of disputes, which may be acceptable to the victim as adequate reparation.”

 

 

Evidence 4: Violation of the Inter-American Convention on Human Rights

INTER-AMERICAN CONVENTION ON HUMAN RIGHTS: “Article 8.1 – Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature (…) Article 25. Right to Judicial Protection 1.    Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties. 2.    The States Parties undertake: a.    to ensure that any person claiming such remedy shall have his rights determined by the competent authority provided for by the legal system of the state; b.    to develop the possibilities of judicial remedy; and c.    to ensure that the competent authorities shall enforce such remedies when granted.”

 

 

Case 25-2017: Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society

 

LEGAL WARNING to the Karma Kagyu Lineage

January 18, 2018

Dear Thaye Dorje 17th Gyalwa Karmapa,

Recently Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society has been found Responsible for Violation of Buddhist Law and Complicity with Spiritual Fraud and False Buddhism, declaring the nullity and immorality of the awards given by this institution, among which is the “Sakyamuni Buddha International Award”. While Thaye Dorje 17th Gyalwa Karmapa has received this award, it is required that it be destroyed or returned, as it has a spurious nature as a result of being associated with the revalidation of the scammer named “Ronald Lloyd Spencer”, who was awarded by Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society. About the spurious nature of this award, Thaye Dorje 17th Gyalwa Karmapa was previously notified by the Ethics Committee on May 30, 2017, although he decided not to take any kind of public action on this matter, despite the fact that this award compromises his integrity and ethics since it is a revalidation of fraudulent activities. Although it is important that Thaye Dorje 17th Gyalwa Karmapa receives spiritual awards or recognitions for the spiritual knowledge he may possess, it is also important not to maintain complicit silence when the source of such rewards is spurious and immoral, especially taking into account that Dr Milind Jiwane, President of Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society, recently not only has affirmed lies and threats before the Ethics Committee, but has even stated that Buddhist Law is an “illegal way” and that he will only follow the “Law of India”. Thaye Dorje 17th Gyalwa Karmapa is duly warned that in case of continuing to remain silent to the award given to “Ronald Lloyd Spencer” by Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society, then this will constitute a violation of Buddhist Ethics.

Concordantly, a contestation is made regarding the spiritual support that Thaye Dorje 17th Gyalwa Karmapa has given to Mr. Ole Nydahl, who is Responsible for Discrimination, False Buddhism and False Spirituality, Violation of the Buddhist ethical precepts, Political Persecution and Attack on the Human Right to Freedom of Expression. Ole Nydahl, along with Ashin Wirathu and Bhaddanta Kumarabhivamsa, are part of a legion of false Buddhists who transmit Islamophobia, which violates the Human Right to Peace and the Human Right to Interreligious Harmony. This must be criticized and condemned with the full force of Law and Ethics, especially considering that the Islamic communities for decades are being subjected to multiple genocides in several countries of the world. Islamophobia then constitutes a Discourse that favors discrimination, apartheid, genocide and crimes against humanity.

Although it is appreciated that Thaye Dorje 17th Gyalwa Karmapa is transmitting a spiritual and non-religious vision of Buddhism. However, the International Buddhist Ethics Committee establishes that complicit silence with violations of Buddhist Law and Human Rights is a very serious violation of Active Contemplation, Compassionate Wisdom and Humanitarian Ethics that constitute the three gems of Buddhism. These pillars must be continuously practiced and never abandoned, and must be fulfilled and followed by the apprentices and practitioners as well as by the highest Buddhist masters.

In conclusion, the International Buddhist Ethics Committee urgently requires Thaye Dorje 17th Gyalwa Karmapa the following:

1. Destroy or return the Prize received from Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society, because it is an award with illegitimate origins.
2. To expel Ole Nydahl from the Karma Kagyu lineage for teaching Islamophobic ideas undermining the sacredness and purity of Buddhist Spirituality.

Failure to comply with these requirements will be considered a Violation of Buddhist Ethics.

With a spirit of reconciliation (maitri),

Master Maitreya Samyaksambuddha

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

Case 25-2017: Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society

NOTIFICATION to Ven. Dhammananda

On January 18, 2018, the International Buddhist Ethics Committee & Buddhist Tribunal on Human Rights communicates with Ven. Dhammananda following the Judgment that was made against the Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society for the crimes of Violation of Buddhist Law and Complicity with Spiritual Fraud and False Buddhism, which was sentenced as of said institution has refused to cancel a prize given to the scammer named “Ronald Lloyd Spencer”. Although the Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society was offered to make a Conciliation Agreement, this institution decided to break the agreement, deciding to keep the award given to the criminal “Ronald Lloyd Spencer”, who has used said prize as well as the image of Ven. Dhammananda to revalidate himself and continue to cheat hundreds of naive people.

The International Buddhist Ethics Committee & Buddhist Tribunal on Human Rights clearly considers that Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society is violating the sacredness of Buddhism through complicity with criminals. In fact, after receiving the Judgment, Dr Milind Jiwane President of Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society stated that he only follows “the Law of India” and that he won’t follow the “illegal way” of Buddhist Law. Obviously, these demonstrations demonstrate Dr Milind Jiwane’s profound lack of respect for Buddhism, ignoring that, according to International Human Rights Law, the Sangha has the right to maintain its own legal norms and traditions.

In this sense, the International Buddhist Ethics Committee & Buddhist Tribunal on Human Rights declares nullity of all the prizes awarded by Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society, such as the “Sakyamuni Buddha International Award”, requesting Ven. Dhammananda to destroy or return the prize she has received from this institution that is Responsible for Violation of Buddhist Law and Complicity with Spiritual Fraud and False Buddhism.

Finally, the International Buddhist Ethics Committee provides full solidarity with the quest for equal rights for Buddhist women, something that has been explicitly pointed out in the Buddhist Convention on Human Rights during the Eighth Buddhist Council. Thus, all the Bhikkhunis of the world are offered access to full scholarships to study advanced courses, and there is even the possibility of presenting complaints in the Ethics Committee when they are discriminated because of their status as women.

With a spirit of Reconciliation (Maitri),

H.E. Master Maitreya Samyaksambuddha

President and Judge of the International Buddhist Ethics Committee & Buddhist Tribunal on Human Rights

Case 25-2017: Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society

Legal Act on Dr Milind Jiwane

Dear H.H. Drikung Kyabgön Chetsang, Ven. Banagala Upatissa Nayaka Thero and Ven. Sanghasena,

On January 18, a Legal Act on International Repudiation to the “Sakyamuni Buddha International Award” given by the Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society is issued, because this institution has been sentenced as Responsible for Violation of Buddhist Law and Complicity with Spiritual Fraud and False Buddhism. During the ethics trial it has been proved that Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society has refused to cancel the award given to the swindler called “Ronald Lloyd Spencer”. Dr Milind Jiwane, President of Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society, has claimed in a lying way that Buddhism and Indian law prohibit cancelling a prize. After the “Responsible” Sentence of Violation of Buddhist Law and Complicity with Spiritual Fraud and False Buddhism, Dr Milind Jiwane communicated with the Prosecutor of the Ethics Committee making threats, also stating that he will only follow the “Law of India “and will never follow the “illegal path” of Buddhist Law.

Therefore, it is confirmed the fact that “Sakyamuni Buddha International Award” constitutes a spurious and immoral prize, having to annul all prizes awarded. Thus, H.H. Drikung Kyabgön Chetsang, Ven. Banagala Upatissa Nayaka Thero and Ven. Sanghasena should destroy or immediately return the prize they have received from Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society, Institution that is Responsible for Violation of Buddhist Law and Complicity with Spiritual Fraud and False Buddhism.

Always with a spirit of reconciliation (maitri),

Master Maitreya Samyaksambuddha

President and Judge of the International Buddhist Ethics Committee and Buddhist Tribunal on Human Rights

 

Case 25-2017: Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society

ETHICAL JUDGMENT

Dear Prosecutor, Public Defender, Ambassador, Secretary and Jury Members of the International Buddhist Ethics Committee (IBEC) and Buddhist Tribunal on Human Rights (BTHR), regarding Case 25-2017 against “Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society “, on January 14, 2018, it is hereby recorded that the trial of the Committee has been concluded to analyze the violation of Buddhist Ethics by the accused.

After analyzing the presentation of the Case and the validation of the evidence, the Committee has proceeded with the voting of 7 members of the Jury, confirming that there were 1 vote of “Innocent” and 6 votes of “Responsible” for “Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society” for the crimes of Complicity with Spiritual Fraud and False Buddhism. In addition, there is an aggravating circumstance since the accused has breached a Conciliation Agreement, which constitutes an act of Violation of Buddhist Law. When interpreting and giving voice to the Jury members’ vote, it is concluded that “Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society” does not have any valid excuse to reward criminals and fraudsters who attempt against the dignity of Buddhist Spirituality. In addition, the accused has stated to the International Buddhist Ethics Committee that Buddhism and the Law of India prohibit annuling prizes previously granted, which is a perjury and an absolute lie, being a new Violation of Buddhist Law. In this sense, it is perceived that a possible economic background or handout would be the only possible reason to explain why the accused has decided to keep maintaining a spiritual prize to a scammer who violates and attempts against the sacredness of the Buddhist Spirituality and who also dishonors the memory of Ambedkar. In this way, this Judgment teaches “Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society” that should comply not only with the ethical precepts of Buddhist Spirituality, but also with the jurisprudence established by the International Buddhist Ethics Committee, because when this does not happen there are consequences (karma). The proofs of the Case have shown that “Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society” is within the framework of illegality after failing to comply with the judgments, requirements and conciliatory agreements issued by the International Buddhist Ethics Committee. However, if the defendant eventually came to publicly apologize and remedy the damage caused, by canceling the award granted to the scammer Ronald Lloyd Spencer, then a post-sentencing reconciliation agreement would have been achieved, and any charges against the accused could eventually be annulled. Until this happens, the International Buddhist Ethics Committee declares that “Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society” is Responsible for Complicity with Spiritual Fraud and False Buddhism, and Violation of Buddhist Law. On the other hand, it is hereby put on record that the United Buddhist Nations Organization will not accept the institutional membership previously requested by the accused.

In accordance with Ambedkar, the Maitriyana fights for justice understood as liberty, equality and fraternity between all human beings, promoting the development of a society based on righteous and adequate relationships. Thus, the Buddhist Law seeks the existence of justice in all fields of life, proposing a political, economic, cultural and environmental system that becomes the foundation of a new empathic civilization. This implies an attempt to evade fraud and falsehood that are present in those who have selfishness, dualism and consumerism, which are evils supported by the Ego, Ideology and the State. In this way, the Maitriyana teaches that in order to establish and maintain justice in the world, both the individual and society has to practice contemplation-in-detachment, wisdom-in-compassion and ethics-in-humanitarianism, because without the virtues of benevolence and purification there is no possibility of bringing justice to the world. However, this passion for justice that Buddhist Law has is not actually a new pathway, but it is intrinsic to human nature. Precisely, both the spiritual communities (sanghas) of the past and the current Maitriyana movement have been ways for self-realization of justice in the world. Since its creation 2,600 years ago, the Buddhist Law has been invoking a communitarian justice that self-transcends the illusory differences between castes, social classes and creeds. This obviously requires a libertarian attitude in the face of tyranny and mundane Power. Just as Ambedkar defined justice as liberty, equality and fraternity, the Maitriyana defines it as the transmission of Detachment, Truth and Love, which requires protecting the intrinsic dignity of life and simultaneously fighting against greed, hatred and deceit. In this sense, the Buddhist Law teaches to create just and harmonious social relations, but simultaneously teaches to combat fraud, scam and the lies of the rich and powerful who think they have more dignity than those who are poor and oppressed. In the same way as Sartre, the Maitriyana recognizes the principle that Liberation is always synonymous with Responsibility, criticizing those who, in the name of Liberty, resort to the extremes of debauchery and complacency in the face of crime and injustice which obviously betray the Purpose (Dharma) of Buddhist Law. Therefore, the Maitriyana is the maximum protector of justice and human rights, fulfilling the unfinished goals of Ambedkar in his democratic and socialist struggle against injustice, exploitation and inhuman treatment by those who produce war, poverty, ignorance and pollution. In short, the Buddhist Law seeks to liberate humanity from suffering caused by greed, aversion and manipulation, seeking to alleviate people’s needs and also protect them from abuses. If justice is liberty, equality and fraternity, if justice is righteous and appropriate relationships, then justice could never tolerate lies, fraud and falsehood. Taking advantage of its independence and autonomy from States, the Maitriyana is heading legal and constitutional courts that fight against discrimination and degradation, thus requiring both individuals and organizations to comply with the duty of Righteousness.

The Buddhist Law is one of the main bastions of justice in the history of the world, so it should never be allied with injustice in exchange for money, power or reverence. In accordance with Ambedkar, the Maitriyana is a rebellious and unshakeable movement in its struggle against injustice, oppression, inequality and animosity, working tirelessly for the transformation, Salvation and Cure of humanity. The libertarian socialist vision of Buddhist Law does not seek that the spiritual commune (sangha) be outside of the society in general, but it seeks that the latter be guided by the just, virtuous and interdependent principles of liberty, equality and fraternity. Therefore, the Maitriyana differs from religious systems, proposing the principles of justice in multiple fields, such as pacifist politics, solidary economy, advanced culture and ecological health. Unlike contemporary capitalist civilization, the spiritual master criticizes warmongering, social injustice, ignorance and pollution. Obviously, the Free and Enlightened Beings (Arhats-Bodhisattvas) criticize both the general society and the spiritual communes (sanghas) when they do not fully follow the principles of liberty, equality and fraternity, denouncing them when they perform acts of fraud, deception and manipulation that constitute a violation of Buddhist Law and the human rights. For the Maitriyana, justice is not simply the correct relationship between people and the State, but it is actually a much more comprehensive and integrative principle which is associated with the Purpose (Dharma) of life. For this reason, the Buddhist Law speaks in the name of the perennial values of peace, justice, education and ecology, in order to achieve Serenity in the internal world and Tranquility in the external world. This requires both the abolition of caste systems that produce social inequality, as well as the abolition of false and deceitful ideas. The spiritual master ethically judges civilization, being based on the highest standards in order to guide the world to well-being. This is why both Ambedkar and Maitriyana have had the courage to even correct the mistakes of Mahatma Gandhi, considering that a world of peace and justice requires the total destruction of the system of castes and social classes, never being tolerant in the face of deception and oppression. When religious and political systems are tolerant of discrimination, alienation, manipulation and fraud, then they become unjust, immoral and illegal systems. By recognizing and defending the principles of liberty, equality and fraternity, the Buddhist Law is positioned as the most important Integrative Spirituality in the world, being the fundamental basis of the libertarian socialist civilization. On the other hand, when the spiritual communes (sanghas) do not recognize the principles of justice and Truth, they are condemned to pervert themselves and disappear by means of inequality and deceit. Like Gautama and Ambedkar, the Maitriyana rejects caste social systems and also the fraudulent ideas that repress the event of the just and awakened society. Therefore, the Buddhist Law criticizes the spiritual communes (sanghas) that are contrary to social reform and righteousness, considering that True Spirituality is that what works to create a free, egalitarian and fraternal society where each citizen can achieve Ascension-in-the-Path. This means that through learning peak knowledge (satori), according to Maitriyana, each subject can become a Superhuman, an Evolved and Awakened Being (Buddha). Thus, the idea that there are beings born in this higher state is an illusory, oppressive, discriminatory, false, segregationist and manipulative notion, being an idea that denies the intrinsic spiritual nature that is latent in every human being. The Buddhist Law then considers as something fundamental the task of judging in Equity those who violate humanitarian ethics, compassionate wisdom and active contemplation, since these practices are the cause of a social order of liberty, equality and fraternity. The Maitriyana is a beacon of light and hope for the world precisely because it teaches both the individual and society to become an Awakened Being (Buddha) and an Enlightened Commune (Bodhisangha) respectively.

The Maitriyana is not only an instrument to rectify the self-government of the spiritual communes (sanghas), but also to liberate all peoples from alienation, since this Path of social revolution and justice has political, economic, cultural and environmental principles for a new civilization, honoring at every moment and place the fundamental rights of all sentient beings, especially of the oppressed ones, as is the case of the lower social classes, women, children and tribes. Undoubtedly, the Buddhist Law was born in the context of democratic tribal republics of Ancient India, so the spirit of Maitriyana is more millenarian than it seems, being the most multidimensional discipline in the history of the world. Therefore, in Buddhist Law, justice has multiple aspects, such as political, economic, cultural and environmental, allowing all human beings to live in the highest standards of existence. Just like Judge Krishna Iyar, the Maitriyana considers that justice is the social force of the Supreme Law of life, guiding society toward the values of liberal democratic politics, the egalitarian economy, the fraternal culture and the integral ecology. Thus, for the Buddhist Law, justice goes beyond the mere application of laws and political norms, because it also defends environmental and social justice, and even justice against cultural manipulation and spiritual fraud. In agreement with Ambedkar, the Maitriyana works for justice to achieve the unity of the whole humankind, since dualism, alienation and discrimination conform some of the main evils and sources of suffering. This implies that the true spiritual masters are always defenders of human rights, practicing benevolence, integration, tolerance, charity and mutual support. In this sense, the Buddhist Law seeks the abolition of castes and social classes together with the evanescence of fraud and cultural deceit, taking care of the intrinsic dignity of all beings. This passion for justice and rectitude makes the Maitriyana to correct and guide all the spiritual communities (sanghas) of the world whenever they deviate from the Right Path. The Buddhist Law is then the pathway toward the Awakening (Bodhi) of all the sentient beings of the Cosmos. This attitude is the maximum incarnation of the defense of fundamental natural rights, such as the right to peace, to evolution and Salvation, so that one must fight adequately against war, barbarism and the Apocalypse. In this way, the Maitriyana totally transcends the state legal system that sentences in Law and without relation to ethics, instead preferring to judge in Equity to administer justice in a more effective, ethical and empathic way. The great Free and Enlightened Beings (Arhats-Bodhisattvas) have been human rights champions, having the dream of a new planetary order, a libertarian socialist civilization of peace, justice, knowledge and harmony, and that it is fully conscious and awakened facing the problems of life such as war, poverty, ignorance and pollution. The Buddhist Law is the way to achieve this goal, so it should be complied and respected.

In conclusion, the International Buddhist Ethics Committee has the Purpose (Dharma) that Buddhist Spirituality remains pure and is never perverted or infiltrated by fraudsters and corrupt people, having the duty to denounce and cancel any award to those who commit such serious and unpunished crimes. Therefore, it is established that “Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society” is violating the Buddhist Ethics by means revalidating the figure of Ronald Lloyd Spencer, who is Responsible for participating in acts of Spiritual Fraud and False Buddhism. Undoubtedly, each spiritual commune (Sangha) has the right to reward those who it wishes, but simultaneously have the duty not to violate the Buddhist Law and the ethical precepts. Thus, the case on “Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society” is a great teaching for the accused to learn to correct its mistakes, not to support criminals and remain free of bribes or gifts that corrupt integrity and Sacredness of Spirituality.

Following the Path of Master Gautama Buddha, who created and developed a spiritual commune (Sangha) of righteousness two thousand six hundred years ago that immediately resolved all kind of infractions, the International Buddhist Ethics Committee oversees that the spiritual communities (Sanghas) of all the world do not attack or betray the purity of Spirituality, so that “Ashwaghosh Buddhists Foundation Nagpur (India) & Jeewak Welfare Society” has been sentenced as Responsible for Violation of Buddhist Law and Complicity with Spiritual Fraud and False Buddhism.

With a spirit of reconciliation (maitri),

Master Maitreya Samyaksambuddha

President and Spiritual Judge of the International Buddhist Ethics Committee & Buddhist Tribunal on Human Rights

 

Case 25-2017: Ashwaghosh Buddhists Foundation Nagpur (India)

 

PEACEFUL CONCILIATORY AGREEMENT

On March 8, 2017, in the Case on Ashwaghosh Buddhists Foundation Nagpur (India) presented to the International Buddhist Ethics Committee, for the Charges of COMPLICITY WITH SPIRITUAL FRAUD AND FALSE BUDDHISM, it is set on record that it was reached a “Conciliation Agreement” between the Committee’s Prosecutor – Master Yan Maitri-Shi – and the President of the accused institution – Dr Milind Jiwane – under the following facts:

1. Regarding the DR AMBEDKAR INTERNATIONAL AWARD 2014 granted to Ronald Lloyd Spencer by the Ashwaghosh Buddhists Foundation Nagpur (India), the International Buddhist Ethics Committee, by means of an Act, declared null and void the award to this individual who was judged for “Spiritual Fraud and False Buddhism”, warning about a possible “Complicity” with fraudulent activities by the institution that awarded him.
2. The Prosecutor of the International Buddhist Ethics Committee asked the Ashwaghosh Buddhists Foundation Nagpur (India) to stop calling Mr. Spencer as “Maitreya Buddha”, because this fact was a violation of a sacred name within Buddhism. The institution presided over by Dr Milind Jiwane complied with this first requirement.
3. The Prosecutor of the International Buddhist Ethics Committee asked the Ashwaghosh Buddhists Foundation Nagpur (India) to remove from their website any image of Mr. Spencer and any information related to this award, since this fact affected the legitimacy of the rest of the activities. The institution presided over by Dr Milind Jiwane complied with this second requirement.
4. The Prosecutor of the International Buddhist Ethics Committee asked Ashwaghosh Buddhists Foundation Nagpur (India) to publicly declare the nullity of the prize wrongly awarded to Mr. Spencer. On this third requirement, the institution presided by Dr Milind Jiwane accepted that in October 2017 will be held a meeting between all its members in order to make a decision on the cancellation of the award given to Ronald Lloyd Spencer.
5. The Presidency of the International Buddhist Ethics Committee considers that 7 months is a long time for Ashwaghosh Buddhists Foundation Nagpur (India) to resolve this serious ethical problem, although it agrees to offer this period in order to reach a “Peaceful Conciliation Agreement”.
6. The Presidency of the International Buddhist Ethics Committee confirms that in the event that Ashwaghosh Buddhists Foundation Nagpur (India) does not cancel the award to Mr. Spencer during October 2017, then an Ethical Judgment will be held immediately about the possible “Complicity” of this institution.
7. The Presidency of the International Buddhist Ethics Committee postpones until October 2017 the institutional membership of Ashwaghosh Buddhists Foundation Nagpur (India) within the UNITED BUDDHIST NATIONS ORGANIZATION, stating that once the ethical problem is resolved, they will have full access to the institutional membership.
8. The Presidency of the International Buddhist Ethics Committee offers free advanced education to Ashwaghosh Buddhists Foundation Nagpur (India) in order to enable members of this institution to improve their knowledge on Buddhism, especially in Buddhist Law and Human Rights, in order to avoid future violations against the Buddhist Ethics.

 

Always with spirit of Reconciliation (Maitri),

Master Maitreya Samyaksambuddha

President and Spiritual Judge of the International Buddhist Ethics Committee & Buddhist Tribunal on Human Rights

 

CASE 23-2017: YOGA BEER

NOTICE TO THAI GOVERNMENT

On May 2nd, 2017, the International Buddhist Ethics Committee & Buddhist Tribunal on Human Rights is communicating with the Thai Government as a result of news that the Thai Minister of Public Health has decided to initiate an investigation against the Yoga Beer movement, which was going to hold an event in Thailand with the excuse of promoting health. As Yoga Beer actually promotes the intake of alcohol, and it is considered a crime punishable with imprisonment in Thailand, the Minister of Public Health believes that this activity could be illegal under Thai law and it should be investigated by the police.

The International Buddhist Ethics Committee & Buddhist Tribunal on Human Rights calls on the Thai Government, especially the Ministry of Public Health, in order to ban the Yoga Beer events in Thailand, which would be a great ethical example for the rest of Asia. This request is due to the fact that the International Buddhist Ethics Committee & Buddhist Tribunal on Human Rights has found Yoga Beer as Responsible for “SPIRITUAL FRAUD” for promoting drug use, but has also found it “Responsible” for “INTERNATIONAL CRIME AGAINST CULTURAL HERITAGE OF HUMANITY”. This is because Yoga has recently been declared by UNESCO as a cultural heritage of humanity, so that there are international human rights conventions protecting Yoga from being destroyed or manipulated by criminal acts.

The International Buddhist Ethics Committee & Buddhist Tribunal on Human Rights requests the Thai Government to support this issue, which is linked not only to Thai Public Health but also to the compliance with Human Rights at an international level. We look forward to continuing to work together.

With spirit of Reconciliation,

H.E. Master Maitreya Samyaksambuddha

President and Judge of the International Buddhist Ethics Committee & Buddhist Tribunal on Human Rights