Case NO. 13/2016: Avishai Abrahami (Wix) – David Rusenko (Weebly)

 

ETHICAL NOTIFICATION ON CENSORSHIP

 

Dear Media Alliance, First Amendment Project and Electronic Frontier Foundation,

By means of the present notification, on February 02, 2017, the International Buddhist Ethics Committee notifies you that in the cases carried out against companies Wix and Weebly concerning Human Rights Violations, we have perceived that you have not only been refused to support the Ethics Committee but you also used legal arguments to justify acts of censorship against freedom of expression.

Firstly, the Media Alliance did not believe in the existence of a legal case in the act of censorship against the International Buddhist Ethics Committee, because like Wix or Weebly there are also other web portals where the institution may resort. This superficial argument ignores practically all the advances in the field of civil rights that were achieved in countries such as the United States, where there were formerly high levels of racial segregation against African Americans. At one time African Americans were not allowed to access services offered in facilities for people with white skin, so in general African Americans had different schools, different bathrooms, different water dispensers, different seats on the bus, different pools, different laws, different neighborhoods to live, different jobs and even different democratic system. This injustice was fought by the great civil rights activists, like Martin Luther King. These guardians of freedom were not limited to simply claiming that there was no legal case if there was discrimination or racial segregation in a white-class bath or school since African-Americans could access other bathrooms or schools. In this sense, although the International Buddhist Ethics Committee can access other web portals, such fact does not erase the illegal act that the discrimination received implies.

Secondly, First Amendment Project argued that the violation of freedom of expression against the International Buddhist Ethics Committee was a contract dispute, even stating that one may not have freedom of expression in a relationship with a private company. This type of position violates human rights treaties and agreements, which must be respected by both States and private companies. There are no moments in which a subject loses his human rights, because these natural rights are a consequence of their intrinsic dignity. However, the capitalist system often considers that companies are above the law and may violate human rights and fundamental freedoms of humanity, which is a position that violates international law. If corporations are allowed to disregard human rights and fundamental freedoms, then humanity is doomed to oppression and destruction, because in contemporary technological society, companies have more power than ever.

Third, the Electronic Frontier Foundation argued that the violation of freedom of expression against the International Buddhist Ethics Committee was not a case of high-impact litigation, ignoring that fascist systems are built precisely because of omission or complacency with daily small discriminations and intolerances of low legal impact. If these small discriminations and intolerances are not stopped then they generate catastrophic effects of causality (karma) leading to fascism. Moreover, violation against the Buddhist Nation is a high-impact legal case, because Buddhist Peoples and Spiritual Communities have collective human rights that are additional to individual human rights.

In the act of censorship against the International Buddhist Ethics Committee there were violations of essential rights that should have been protected by the Media Alliance, First Amendment Project and Electronic Frontier Foundation, such as the right to education, the right to benefit from scientific progress; The right to freedom of opinion and expression, the right to freedom of thought and religion, the right to seek and impart information without regard to frontiers, the right to the protection of the moral and material interests deriving from any scientific or literary production, the right to freedom of assembly and association for activities related to culture and information. Therefore, we make available to these three organizations all the compassionate wisdom (karuna-prajna) and the whole peak knowledge (satori) possessed by the International Buddhist Ethics Committee & the Buddhist Tribunal on Human Rights, so that these organizations avoid continuing to make the mistakes of the past and never again decide to be tolerant or indifferent to violations of human rights such as discrimination and censorship.

 

Best regards, with a reconciling spirit,

Master Maitreya

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

Case number 13/2016: Avishai Abrahami (Wix) – David Rusenko (Weebly)

 

JUDGMENT AND ETHICAL CONCLUSION

Dear Prosecutor, Executive Secretary and Jury Members of the International of Buddhist Ethics Committee (IBEC) and Buddhist Tribunal on Human Rights (BTHR), concerning the case reported by the World Association of Buddhism (WBA) against Avishai Abrahami and David Rusenko, Directors of the companies Wix.com and Weebly.com respectively, through the present, on day March 21, 2016, I confirm that it is concluded the case thirteen of the Ethics Committee in order to analyze the violation of Buddhist Spirituality and the Human Rights carried out by the accused part. After certifying the evidence as valid by the Prosecutor, and the accused having had the possibility of providing investigative statement, it has proceeded with the vote of four members of the Jury, who issued unanimous verdict of “Responsible” regarding Avishai Abrahami (Wix) and David Rusenko (Weebly) for the crimes of CENSORSHIP, VIOLATION OF FREEDOM OF EXPRESSION, VIOLATION OF CIVIL RIGHTS AND HUMAN RIGHTS, ATTACK ON DEMOCRACY, VIOLATION OF THE HUMAN RIGHT TO PEACE, DISCRIMINATION AND VIOLATION OF THE RIGHTS OF ABORIGINAL PEOPLES.

The accused’s actions have not only attacked the Buddhist ethical precepts but also the standards of International Law and Human Rights, because their acts of censorship regarding tribal juridical activities of the International Buddhist Ethics Committee show that Avishai Abrahami (Wix) and David Rusenko (Weebly) are complicit in discrimination, violating all kinds of jurisprudence on Freedom of Expression. In effect, these companies do not comply with what they claim to represent that is the freedom of expression of all individuals to publish and disseminate their ideas. Furthermore, in the case of Wix Company, censorship was carried out in defense of Mr. Ole Nydahl, who has been previously sentenced by the Ethics Committee, while in the case of the Weebly Company censorship was carried out probably by complicity with the acts of the Wix Company. Both companies have shown breaching the principles of tolerance advocated both by the Buddhist Spirituality and by international Human Rights instruments.

If society accepts this kind of conducts that censor legal activities and fundamental rights such as Freedom of Expression, as is actually happening in a military, economic, political superpower which shall be investigated, then the world will be routed to an era of absolute government-business control in which the voices of all peoples will be silenced violently through impunity. This dangerous future scenario is factually very likely, since the International Buddhist Ethics Committee has contacted hundreds of lawyers and organizations advocating civil rights, most of which have not only shown no interest in this case of censorship, but have also come to say that the Right to Freedom of Expression – protected by US constitution – should only be promoted by the State and not by private companies, as if they had a special jurisdiction in which there are no human rights. This is not only an example of the ineffectiveness of traditional Law, but is also an evidence of where the global society is headed. This course toward alienation and oppression of fundamental freedoms is a path against which the International Buddhist Ethics Committee is struggling.

Moreover, these companies have been given the opportunity to correct their wrong behavior, but they just have responded with further aggressions, thus evidencing that Avishai Abrahami and David Rusenko have no interest in protecting Human Rights at all. These public conducts by the accused ones are part of a global context of censorship, control and espionage by powerful governments but also with the complicity of big technology firms, which are absolutely ignorant of the fundamental freedoms and Human Rights. In fact, the transcendental rights, among which are the Right to Peace and the Right to Freedom of Expression, according to international law must be practiced and defended by every State, group and human being. The companies are human groups so they obviously have ethical duties to be fulfilled, and must respect pluralism and democracy. In order to create a Pure Earth or better world, the Buddhist Spirituality has the Purpose (Dharma) to fight peacefully against the violations of human rights and fundamental freedoms, whether they are committed by States, religions or companies. Indeed, governments and corporations often believe that power and money rule the world, but they ignore the infinite majesty of the word of a Free and Enlightened Being (Arhat-Bodhisattva), whose values of compassionate wisdom (karuna-prajna) are invincible. This demonstrates that the International Buddhist Ethics Committee always fights against impunity of capitalism, which is basically a system of intolerance, exclusion and social injustice. Thus, faced with the evils of greed, hatred and delusion, the spiritual masters respond with the Ethical Path of Detachment, Solidarity and Truth.

Following in the Way of Master Siddhartha Gautama, who has been the embodiment of the appropriate expression and righteous speech, the International Buddhist Ethics Committee and the Buddhist Tribunal on Human Rights dictates that Buddhist Spirituality, as supreme Way of the Civil Rights and Freedom of Expression, must establish that Avishai Abrahami (Wix) and David Rusenko (Weebly) have attacked the Buddhist ethical precepts and human rights, reason by which they are the sentenced as “Responsible” for the offenses of CENSORSHIP, VIOLATION OF FREEDOM OF EXPRESSION, VIOLATION OF CIVIL RIGHTS AND HUMAN RIGHTS, ATTACK ON DEMOCRACY, VIOLATION OF THE HUMAN RIGHT TO PEACE, DISCRIMINATION AND VIOLATION OF THE RIGHTS OF ABORIGINAL PEOPLES.

Notwithstanding, although it is considered that these behaviors have been abhorrent, the Committee altruistically offers to all staff of the aforementioned companies the possibility to study Human Rights for free under our auspice in order not to return to incur such international violations against Freedom of Expression. The present Ethical Judgment is the first lesson that is offered to them in a completely selfless way, by evidencing that the Righteousness of the Buddhist Path is never complicit in violations of fundamental freedoms.

 

Always with a spirit of reconciliation (maitri),

Buddhist Master Maitreya

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

 

Case number 13/2016:

Avishai Abrahami (Wix.com) – David Rusenko (Weebly.com)

 

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

P R E S E N T. –

In the presence of the President and Spiritual Guide of IBEC-BTHR Buddhist Master Maitreya and the Executive Secretary of IBEC-BTHR Master Yan Maitri-Shi, it is addressed the case denounced by the World Association of Buddhism (WBA) against Avishai Abrahami (Wix.com) – David Rusenko (Weebly.com) on charges of: CENSORSHIP, VIOLATION ON FREEDOM OF EXPRESSION, VIOLATION ON CIVIL RIGHTS AND HUMAN RIGHTS, ATTACK ON DEMOCRACY,  VIOLATION ON HUMAN RIGHT TO PEACE, DISCRIMINATION AND VIOLATION ON THE RIGHTS OF INDIGENOUS PEOPLE.-

I, Sekka Dhamma, as Prosecutor of IBEC and BTHR, recognize the arduous and organized work that was carried out for the broad compilation of Evidence in this case, likewise, I appreciate the contribution of them for analysis concerning the part I represent. That said, with all due respect I appear to exhibit:

Being received the list of digital media that were collected, sorted and confirmed in their order and context as Evidences by the Executive Secretary of IBEC and BTHR Master Yan Maitri-Shi, I give way to the Fourth Stage of the Procedure called “EVALUATION OF EVIDENCE “, which is established in the Constitutive Act of IBEC and BTHR in order to know, establish, dictate and determine the Responsibility of the Accused ones for committing the charges against them. This Accusation was made by the WORLD ASSOCIATION OF BUDDHISM in the field of Buddhist Ethics, an act that follows below:

FIRST EVALUATION.- By being the core of this procedural part, it is necessary to point out the Means of Proof offered by the Executive Secretary of IBEC and BTHR Master Yan Maitri-Shi, and formally present them to the Jury for their knowledge. These Means of Proof are composed of 7 charges and 11 Evidences that validate the motivating Accusation of the current process. The above, reported from the field of Buddhist Ethics. These evidences come from audiovisual digital media in the public domain (mass media), which are listed below along with the aforementioned Charges:

 

EVIDENCES

EVIDENCE 1: CENSORSHIP AND VIOLATION TO FREEDOM OF EXPRESSION

EVIDENCE 2: REJECTION OF INTERNATIONAL LAW

EVIDENCE 3: VIOLATION TO HUMAN RIGHTS

EVIDENCE 4: ATTACK ON DEMOCRACY

EVIDENCE 5: VIOLATION ON THE HUMAN RIGHT TO PEACE (Rights of the victims)

EVIDENCE 6: VIOLATION ON THE HUMAN RIGHT TO PEACE (Freedom of thought, opinion, expression, conscience and religion)

EVIDENCE 7: VIOLATION ON UNITAD STATES LAW (according to US Supreme Court of Justice)

EVIDENCE 8: DISCRIMINATION

EVIDENCE 9: International jurisprudence for Freedom of Expression

EVIDENCE 10: PENAL CODE OF ARGENTINA

EVIDENCE 11: VIOLATION ON THE RIGHTS OF INDIGENOUS PEOPLE

 

 

 

Evidences:

 

 

EVIDENCE 1: CENSORSHIP AND VIOLATION TO FREEDOM OF EXPRESSION

Agata – Wix Team: “Dear worldbuddhistassoc, We received the attached complaint related to your site: worldbuddhistassoc.wix.com/committee. After reviewing it we decided to remove the site due to alleged breach of out Wix Terms of Use. Please note that according to Terms of Use, Wix users are not allowed to (…) submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Wix or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval; (…) We will be happy reinstate the site, if you agree to have the content addressed in the complaint removed.” (November 4,2015)
The Weebly Team: “Hi tribunal@protonmail.com, We recently removed your websites and disabled your Weebly account because of a violation of our Terms of Service, available at http://www.weebly.com/tos.html  If you feel like we have made this judgment in error, please reply to this email with any specific evidence supporting your claim.” (February 16, 2016)

Jeff G (Weebly): “Hi, The website was closed due to the detection of written content that incites violence or prejudicial action against a certain individual or group. As a result of these findings, we cite the content is in direct violation of our Terms of Services, and therefore has been removed. I apologize for the inconvenience this causes as I know it will not leave you very happy.” Feb 17, 07:57.

 

 

EVIDENCE 2: REJECTION OF INTERNATIONAL LAW

Master Yan Maitri-Shi: “Dear Director of Wix.com, Attached we are sending you two files about your complaint. One document is called Notification to Wix, which is the official position of the Board of Administration of the International Buddhist Ethics Committee. The other document is called Evidences…, which is the list of evidences about Mr. Lama Ole Nydahl. Please read with Mindfulness the texts, specially the Notification, because Wix.com is making a serious mistake. Although you are not aware, you are violating US law and international law. We expect an immediate solution to this attack that we are suffering.” (November 6, 2015)

 

Aner Rabinovitz (Wix.com Legal Department, 40 Namal Tel Aviv St., Tel Aviv, Israel): “Hello, As you have already been informed, the website worldbuddhistassoc.wix.com/committee was removed due to clear violations of the Wix.com Terms of Use. Wix.com is a website building platform, serving over 73 million users from 190 countries. We welcome users of all faiths, viewpoints and opinions – so long as they use our services in accordance with our Terms of Use. In your particular case, even following your clear violations of said Terms, you have been given the option to amend the website and remove the violating content. As you have clearly waived this option and instead proceeded to make false legal threats and accusations against us, the website will remain offline indefinitely, and we reserve our rights to determine the same regarding any other user accounts or websites maintained by you on our platform. For the removal of the doubt, we reject any and all of the legal claims and accusations you have made against us, and reserve our rights to take any steps and use any measures at our disposal in order to protect our company’s and employees’ interests.” (November 11, 2015)

 

The Weebly Team: “Hi tribunal@protonmail.com, We recently removed your websites and disabled your Weebly account because of a violation of our Terms of Service, available at http://www.weebly.com/tos.html  If you feel like we have made this judgment in error, please reply to this email with any specific evidence supporting your claim.” (February 16, 2016)

Jeff G (Weebly): “Hi, The website was closed due to the detection of written content that incites violence or prejudicial action against a certain individual or group. As a result of these findings, we cite the content is in direct violation of our Terms of Services, and therefore has been removed. I apologize for the inconvenience this causes as I know it will not leave you very happy.” Feb 17, 07:57

 

 

EVIDENCE 3: VIOLATION TO HUMAN RIGHTS

International Buddhist Ethics Committee: “Notification to Wix: (…) What happened with Wix is a complete incongruence that violates all kinds of jurisprudence on religious non-discrimination and freedom of expression, being an act of full censorship. The rights affected by Wix censorship are essentially as follows (each article mentioned below refers to the Universal Declaration of Human Rights and the rights mentioned are also included in the covenants of the United nations on December 16, 1966): the right to education (Article 26); the right to benefit from scientific progress (Article 27); the right to freely participate in cultural life (Article 27); the right to information, including freedom of opinion and expression (Article 19). These rights imply the exercise of another, including the right to freedom of thought, conscience and religion, (Article 18); the right to seek, receive and impart, regardless of frontiers, information and ideas by any means possible (Article 19); the right to protection of the moral and material interests resulting from any scientific, literary or artistic production (Article 27); the right to freedom of assembly and association (Article 20) for activities related to education, science, culture and information.”

Equipo Nizkor (Human Rights): “Freedom of expression is one of the most fundamental rights that individuals enjoy. It is fundamental to the existence of democracy and the respect of human dignity. It is also one of the most dangerous rights, because freedom of expression means the freedom to express one’s discontent with the status quo and the desire to change it. As such, it is one of the most threatened rights, with governments – and even human rights groups – all over the world constantly trying to curtail it. (…) The United States, probably like no other nation, has recognized the importance of freedom of expression to safeguard democracy and grow as a nation. However, this does not mean there are no efforts to try to curtail it. The internet has often been the target of these efforts, as it provides practically everyone with the ability to communicate their ideas to wide audiences and escapes the ability of the state to control it. (…) we hope to provide you with thorough information about what freedom of speech means, why it is important to protect it and what are the attempts to curtail it”  http://www.derechos.org/human-rights/speech/

 

Universal Declaration of Human Rights: Article 19. “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

 

International Covenant on Civil and Political Rights: “Article 19. 1. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”

 

American Convention on Human Rights: “Article 13. 1. Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one’s choice.  2. The exercise of the right provided for in the foregoing paragraph shall be not subject to prior censorship but shall be subject to subsequent imposition of liability, which shall be expressly established by law to the extent necessary to ensure: a. respect for the rights or reputation of others, or b. the protection of national security, public order, or public health or morals. 3. The right of expression may not be restricted by indirect methods or means, such as the abuse of government or private controls over newsprint, radio broadcasting frequencies, or equipment used in dissemination of information, or by any other means tending to impede the communication and circulation ideas and opinions. . 4. Notwithstanding the provisions of paragraph 2 above, public entertainments may be subject by law to prior censorship for the sole purpose of regulating access to them for the moral protection of childhood and adolescence. 5. Any propaganda for war and any advocacy of national, racial or religious hatred that constitute incitements to lawless violence or to any other similar action against any person or group of persons on any grounds including those of race, color, religion, language, or national origin shall be considered as offenses punish by law.”

 

American Declaration of the Rights and Duties of Man: “Article 4. Every person has the right to freedom of investigation, of opinion, and of the expression and dissemination of ideas, by any medium whatsoever.”

 

Sofia Declaration 1997: (About press freedom on internet) “The access to and the use of these new media should be afforded the same freedom of expression protections as traditional media.”

 

 

EVIDENCE 4: ATTACK ON DEMOCRACY

INTER-AMERICAN DEMOCRATIC CHARTER – Article 4: “Transparency in government activities, probity, responsible public administration on the part of governments, respect for social rights, and freedom of expression and of the press are essential components of the exercise of democracy.”

 

Declaration of Principles on Freedom of Expression: “AWARE that consolidation and development of democracy depends upon the existence of freedom of expression; PERSUADED that the right to freedom of expression is essential for the development of knowledge and understanding among peoples, that will lead to a true tolerance and cooperation among the nations of the hemisphere; CONVINCED that any obstacle to the free discussion of ideas and opinions limits freedom of expression and the effective development of a democratic process; (…) RECALLING that freedom of expression is a fundamental right recognized in  (…) the United Nations Educational, Scientific and Cultural Organization (UNESCO), the International Covenant on Civil and Political Rights, as well as in other international documents and national constitutions  (…)  REAFFIRMING that the principles of the Declaration of Chapultepec constitute a basic document that contemplates the protection and defense of freedom of expression, freedom and independence of the press and the right to information; (…)PRINCIPLES. 1. Freedom of expression in all its forms and manifestations is a fundamental and inalienable right of all individuals. Additionally, it is an indispensable requirement for the very existence of a democratic society. 2. Every person has the right to seek, receive and impart information and opinions freely under terms set forth in Article 13 of the American Convention on Human Rights. All people should be afforded equal opportunities to receive, seek and impart information by any means of communication without any discrimination for reasons of race, color, sex, language, religion, political or other opinions, national or social origin, economic status, birth or any other social condition. (…) 5. Prior censorship, direct or indirect interference in or pressure exerted upon any expression, opinion or information transmitted through any means of oral, written, artistic, visual or electronic communication must be prohibited by law. Restrictions to the free circulation of ideas and opinions, as well as the arbitrary imposition of information and the imposition of obstacles to the free flow of information violate the right to freedom of expression. (…) 10. Privacy laws should not inhibit or restrict investigation and dissemination of information of public interest. The protection of a person’s reputation should only be guaranteed through civil sanctions in those cases in which the person offended is a public official, a public person or a private person who has voluntarily become involved in matters of public interest. In addition, in these cases, it must be proven that in disseminating the news, the social communicator had the specific intent to inflict harm, was fully aware that false news was disseminated, or acted with gross negligence in efforts to determine the truth or falsity of such news.”
EVIDENCE 5: VIOLATION ON THE HUMAN RIGHT TO PEACE (Rights of the victims)

Santiago Declaration on the Human Right to Peace: “Article 11. Rights of all Victims. (…) 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.” (December 2010)

 

 

EVIDENCE 6: VIOLATION ON THE HUMAN RIGHT TO PEACE (Freedom of thought, opinion, expression, conscience and religion)

Santiago Declaration on the Human Right to Peace: “Article 8 Freedom of thought, opinion, expression, conscience and religion. 1.- All peoples and individuals have the right to access and to receive information from diverse sources without censorship, in accordance with international human rights law, in order to be protected from manipulation in favor of warlike or aggressive objectives.. 2.- All peoples and individuals have the right to denounce any event that threatens or violates the human right to peace, and to freely participate in peaceful political, social and cultural activities or initiatives for the defence and promotion of the human right to peace, without interference by governments or by the private sector.. 3.- All peoples and individuals have the right to be protected against any form of cultural violence. To this end, persons should fully enjoy their freedom of thought, conscience, expression and religion, in conformity with international human rights law.”(December 2010)

 

 

EVIDENCE 7: VIOLATION ON UNITAD STATES LAW (according to US Supreme Court of Justice)

1. A) “In order to protect the free flow of ideas and opinions on matters of public interest and concern, the First and Fourteenth Amendments prohibit public figures and public officials from recovering damages for the tort of intentional infliction of emotional distress (…) The State’s interest in protecting public figures from emotional distress is not sufficient to deny First Amendment protection to speech that is patently offensive and is intended to inflict emotional injury (…) At the heart of the First Amendment is the recognition of the fundamental importance of the free flow of ideas and opinions on matters of public interest and concern. (…) We have therefore been particularly vigilant to ensure that individual expressions of ideas remain free from governmentally imposed sanctions.” (HUSTLER MAGAZINE INC. FALWELL).
2. B) “[T]he [p51] freedom to speak one’s mind is not only an aspect of individual liberty — and thus a good unto itself — but also is essential to the common quest for truth and the vitality of society as a whole.” Bose Corp. v. Consumers Union of United States, Inc., 466 U.S. 485, 503-504 (1984).
3. C) The First Amendment recognizes no such thing as a “false” idea. Gertz v. Robert Welch, Inc., 418 U.S. 323, 339 (1974)
4. D) “when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas — that the best test of truth is the power of the thought to get itself accepted in the competition of the market. . . .” Abrams v. United States, 250 U.S. 616, 630 (1919)
5. E) The sort of robust political debate encouraged by the First Amendment is bound to produce speech that is critical of those who hold public office or those public figures who are “intimately involved in the resolution of important public questions or, by reason of their fame, shape events in areas of concern to society at large.” Associated Press v. Walker, decided with Curtis Publishing Co. v. Butts, 388 U.S. 130, 164 (1967)
6. F) “[o]ne of the prerogatives of American citizenship is the right to criticize public men and measures.” Baumgartner v. United States, 322 U.S. 665, 673-674 (1944)
7. G) “[T]he candidate who vaunts his spotless record and sterling integrity cannot convincingly cry “Foul!” when an opponent or an industrious reporter attempts [p52] to demonstrate the contrary.” Monitor Patriot Co. v. Roy, 401 U.S. 265, 274 (1971).
8. H) A public figure may hold a speaker liable for the damage to reputation caused by publication of a defamatory falsehood, but only if the statement was made “with knowledge that it was false or with reckless disregard of whether it was false or not.” New York Times Co. v. Sullivan, 376 U.S. 254 (1964)
9. I) “‘Freedoms of expression require “breathing space”.’” Philadelphia Newspapers, Inc. v. Hepps, 475 U.S. 767, 772 (1986)
10. J) “This breathing space is provided by a constitutional rule that allows public figures to recover for libel or defamation only when they can prove both that the statement was false and that the statement was made with the requisite level of culpability.(…) Thus, while such a bad motive may be deemed controlling for purposes of tort liability in other areas of the law, we think the First Amendment prohibits such a result in the area of public debate about public figures. (…) we held that, even when a speaker or writer is motivated by hatred or ill-will, his expression was protected by the First Amendment” (HUSTLER MAGAZINE INC. FALWELL).
11. K) “Debate on public issues will not be uninhibited if the speaker must run the risk that it will be proved in court that he spoke out of hatred; even if he did speak out of hatred, utterances honestly believed contribute to the free interchange of ideas and the ascertainment of truth.” Garrison v. Louisiana, 379 U.S. 64 (1964)
12. L) “Speech does not lose its protected character . . . simply because it may embarrass others or coerce them into action”. NAACP v. Claiborne Hardware Co., 458 U.S. 886, 910 (1982)
13. M) “[T]he fact that society may find speech offensive is not a sufficient reason for suppressing it. Indeed, if it is the speaker’s opinion that gives offense, that consequence is a reason for according it constitutional protection. [p56] For it is a central tenet of the First Amendment that the government must remain neutral in the marketplace of ideas.” FCC v. Pacifica Foundation, 438 U.S. 726 (1978)
14. N) “It is firmly settled that . . . the public expression of ideas may not be prohibited merely because the ideas are themselves offensive to some of their hearers”. See also Street v. New York, 394 U.S. 576, 592 (1969)

 

 

EVIDENCE 8: DISCRIMINATION

International Buddhist Ethics Committee: “Dear Wix (…) Lama Ole Nydahl was analyzed in an Ethical Judgment, where, at that time, he was given the opportunity to have a right of reply before an investigation we have conducted about his discriminatory, racist, xenophobic and homophobic behavior. (…) Wix Team has no moral authority to take positions about our Ethical Judgment because this procedure is a spiritual practice that is part of the codes of conduct of Buddhism. We have not violated the Terms of use of Wix, because our practices are not defamatory, libelous, obscene, harassing, threatening, inflammatory, abusive, racist, offensive, misleading or fraudulent, nor these ones encourage a criminal or harmful behavior. In fact, we conducted the ethical judgment based on an investigation that shows that Mr. Nydahl is perpetrating those same bad conducts within Buddhism. Incredibly, Wix Team accuses us of something that is actually doing this person. We have not damaged the name and integrity of Mr. Lama Nydahl, but we have criticized him for discrimination, which is an evident fact in the light of his own public statements, such as our investigation demonstrates. Our Ethics Committee sends you a file attached to this email with a list of evidences about the investigation. (…) About the ethical content published about Nydahl, which involves only saying that Lama Ole Nydahl committed Discrimination, this cannot be removed. Wix Team has no judicial authority to request it, because it is censorship. There is no court of justice which has condemned us for any defamation. (…) Note that on her complaint, the attacks of Mrs. Prado (Nydahl´s lawyer) against the Maitreya Buddhist University constitute a direct evidence of Discrimination for political reasons. In fact, this document of Ms. Prado constitutes an element of political persecution, which is a much more serious fact. Precisely, this usage of Discrimination has been what we have published about Lama Nydahl, who commits discriminatory acts over and over again. To say this is a Defense of the Human Rights and is not defamation or libel aimed to perform harm. (…) If Wix commits this kind of actions, it leaves a serious precedent that violates the Human Rights to freedom of expression, which are sacred in the United States, because in accordance with that criterion, any human rights activist, environmental activist or political opponent who criticizes the behavior of individuals, governments or institutions would be committing defamations. Faced with this same criterion, for example, journalism could never work, because every news story that is published could be denounced as a libel. (…) During our investigation we have found that Lama Ole Nydahl was publicly accused of sexual offenses on several Internet websites. However, since it did not constitute truthful evidence we decide not to include it in our research, which explicitly demonstrates that we have never had defamatory or libelous intentions. Our organization has a higher reputation than Ole Nydahl’s and we have never participated in any kind of discriminatory comments towards anyone. Instead, for Mr. Nydahl, discrimination becomes a lifestyle. We want to express that Wix Company said in its rules that its criterion for removing a website is based on its investigation. Yet, it is clear that there was no such investigation regarding neither our actions nor on Ole Nydahl’s behavior and his public discriminatory statements.”

(See file attached which was sent to Wix with the discriminatory complaint from Nydahl´s lawyer)

 

 

EVIDENCE 9: International jurisprudence for Freedom of Expression

Ruling of the Inter-American Court of Human Rights:  Ruling of IACHR on the “The Last Temptation of Christ” https://www1.umn.edu/humanrts/iachr/C/73-ing.html  (English version) http://www.derechos.org/nizkor/doc/tentacion.html (Spanish)

Ruling of the Inter-American Commission on Human Rights: Case Verbitsky vs Argentina https://www1.umn.edu/humanrts/cases/22-94-argentina.htm (English version) http://www1.umn.edu/humanrts/cases/S-22-94-argentina.htm (Spanish)

Ruling of the Inter-American Commission on Human Rights: Case Martorell vs Chile  https://www1.umn.edu/humanrts/cases/1996/chile11-96.htm  (English version)  http://www1.umn.edu/humanrts/cases/1996/Schile11-96.htm  (Spanish)

 

 

EVIDENCE 10: ARGENTINE CRIMINAL CODE

Argentine Criminal Code: “[o]pinions should not be subject to sanctions, especially when the matter at hand is an opinion about the performance of a public official.” [The Law was adopted after a 2008 decision by the Inter-American Court of Human Rights (IACHR) that ordered the Argentine government, in the case of the journalist Eduardo Kimel, to adjust its domestic law to prevent the use of these legal concepts to hinder the exercise of freedom of expression. In 1991, Kimel published a book, La Masacre de San Patricio, which investigated the murder of three priests and two students in Argentina in 1976 during the military junta regime. Kimel concludes in his book that the judge in charge of the case did not properly investigate the suspects because they were members of the armed forces.] http://www.loc.gov/law/foreign-news/article/argentina-law-decriminalizing-libel-and-slander-passed/

 

 

EVIDENCE 11: VIOLATION ON THE RIGHTS OF INDIGENOUS PEOPLE

United Nations Declaration on the Rights of Indigenous Peoples: “Article 5. Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State. (…) Article 34. Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards. (…) Article 40. Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.”

 

 

 

SECOND EVALUATION.- Of the evidence provided there is no doubt about its authenticity considering its origin. Regarding the proofs offered which support the aforementioned Charges (case that does not occupy nor is within our competence to know nor jurisdictionally decide in this matter on our Part), there is no objection, disqualification or invalidation of the digital content by the Part I represent, by virtue of which they are digital media that come from reliable sources and that were declared and published at that time formally and openly, which are full, genuine and truthful evidence.-

THIRD EVALUATION.- Because of what was exhibited, published and declared and that are now presented as digital Evidence to this Case by the Executive Secretary of IBEC and BTHR Master Yan Maitri-Shi, such proofs are determined by the Part I represent as Prosecutor of IBEC and BTHR as LEGITIMATE and VALID, which support and confirm the Accusation presented by the World Association of Buddhism against Avishai Abrahami (Wix.com) – David Rusenko (Weebly.com) regarding the 7 charges against them.-

In such a situation, it is started the Fifth Stage of the Procedure denominated “JUDGMENT”, in which is set the term of 5 five days to jurors to decide whether the accused are “Innocent” or “Responsible” for the Charges against them regarding the Evidence provided, accepted and evaluated in this writing.-

Sekkha Dhamma

Prosecutor of IBEC & BTHR

 

Mexico, February, 2016 two thousand sixteen.-

 

ACT ON IRINA BOKOVA

Dear Irina Bokova, Director General of UNESCO,

Through this Act, on June 16, 2016, we are communicating with you to make an International Repudiation regarding your candidacy as UN Secretary General. This is because under your mandate in UNESCO you have done absolutely nothing to remedy the discriminatory conditions we have denounced with regards the UNESCO Association for the Promotion of Intercultural and Interreligious Dialogue in Malaga, which in 2015 has been sentenced by our Ethics Committee for the charges of “Complicity with Discrimination”, since said institution has awarded Mr. Ole Nydahl with a “UNESCO Prize” for his alleged contribution to interfaith dialogue, even though this individual has publicly transmitted Islamophobia on several occasions. Despite the fact that we have confirmed to UNESCO Association of Malaga that Mr. Nydahl committed discriminatory acts repeatedly, this Association has omitted any attempt to reach a peaceful resolution from this huge mistake. At the same time, in your position as Director of UNESCO, you have omitted our Notification to withdraw the prestigious seal of UNESCO from the Malaga Association, thus demonstrating a clear indifference to the violations of principles of such an organization, something by which the Spanish Commission, that is responsible to address these matters, has been characterized as well.

In conclusion, we request an immediate appropriate action on your part to correct the present discriminatory order, by removing the seal of UNESCO received by the Malaga Association.

 

Always with a reconciling spirit,

Buddhist Master Maitreya

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

Case number 11/2016: UNESCO Association for the Promotion of the Intercultural and Interreligious Dialogue in Malaga

 

 ETHICAL NOTICE TO UNESCO (United Nations Educational, Scientific and Cultural Organization)

 

Dear UNESCO and Director-General Irina Bokova,

Through this document, on day January 9, 2016, the International Buddhist Ethics Committee notifies you that after having received four votes of the Jury members, the UNESCO Association for the Promotion of Intercultural and Interreligious Dialogue in Malaga has been declared Responsible for the charges of COMPLICITY WITH DISCRIMINATION, FALSE INTERCULTURAL DIALOGUE AND FALSE INTERRELIGIOUS DIALOGUE.

This Ethical Judgment is a product that UNESCO Association in Malaga has not only awarded to Mr. Nydahl despite his continuous discriminatory and racist teachings towards Muslims, paradoxically awarding him for his contribution to interreligious Dialogue, but also said Association then has defended this individual when he carried out acts of discrimination and censorship to freedom of expression of our International Buddhist Ethics Committee.

This clearly shows that the UNESCO Association for the Promotion of Intercultural and Interreligious Dialogue in Malaga completely violates the ethical purposes of UNESCO, the core values of UN and the ethical precepts of Buddhism. As the accused association has committed serious offenses against Ethics and has not repented of its actions, even refusing to clarify whether it was there any donation or financial transaction involved, this means that if this Malaga Association is allowed to continue to use the logo and name of UNESCO this will constitute an act of Complicity in the violation to Human Rights conducted by this Spanish Association. We remind you that remaining silent before these actions involves Complicity.

Obviously, if Mr. Ole Nydahl is discriminating against Muslims, by conveying a message of intolerance, these actions undermine the basic principles of UNESCO with regard to the struggle against discrimination, such as the Declaration of Principles on Tolerance made in 1995, so it is a shame and immorality that an institution that claims to support or represent UNESCO endorses and rewards this kind of behavior. We remind you that Mr. Nydahl has also attacked the International Buddhist Ethics Committee after hearing of our ethical sentence for Discrimination, in addition this individual has promoted censorship of both the Ethics Committee as well as of Maitreya Buddhist University, which constitutes a violation of Universal Declaration of Human Rights and the rights that figure in the covenants of the United Nations in 1966 to which UNESCO says to protect: the right to education (Article 26); the right to benefit from scientific progress (Article 27); the right to participate freely in cultural life (Article 27); the right to information, including freedom of opinion and expression (Article 19); the right to freedom of thought, conscience and religion (Article 18); the right to seek, receive and impart, regardless of frontiers, information and ideas by all means possible (Article 19); the right to protection of moral and material interests derived from any scientific, literary or artistic production (Article 27); the right to freedom of assembly and association (Article 20) for activities related to education, science, culture and information.

Ergo, the UNESCO Association for the Promotion of Intercultural and Interreligious Dialogue in Malaga is completely in violation of both the spirit of Intercultural Dialogue and Interreligious Dialogue, as well as of the sacred values of UNESCO. We formally request UNESCO endorses the annulment of the award that has been granted to Mr. Nydahl, at the same time we urgently request to be removed the name or status of “UNESCO Association” to this institution from Malaga (Spain).

The International Buddhist Ethics Committee is composed of organizations that are expert in Interreligious Dialogue, so we are appalled by this unprecedented violation of Human Rights. We work hard to create a genuine space for Spiritual Dialogue between Buddhism and Islam, while Mr. Nydahl is promoting hatred, discrimination and censorship to freedom of expression, betraying all spiritual and ethical values of UNESCO and Buddhism.

We confirm that in 2015 on several occasions we have communicated with UNESCO to warn about these events and we have requested your collaboration. We have never received any response, which is very strange in an international institution acclaiming to represent and defend Human Rights related to culture and education. In case that this attitude of indifference continues on the part of UNESCO, then we will be ethically forced to initiate an investigation to UNESCO and its Director-General for Violations to Human Rights. Frankly, we do not wish having to get to this instance, in which UNESCO and its President would be judged by the Buddhist Tribunal on Human Rights, but if UNESCO’s silence and indifference persist in face of violations of Human Rights, then we shall bring this important international organization with which we have always tried to maintain a fruitful dialogue to Justice, even coming to offer you free university education which you have also ignored.

We solemnly declare that the Purpose (Dharma) of Buddhist Spirituality is solidary and humanitarian, wise and compassionate, but it will never allow Discrimination, Hatred and Deceit towards others. Righteousness is key to creating a better world and a civilization of peace, so we give our lives and honor in defense of this Path of Global Ethics.

 

Sincerely, with a spirit of reconciliation (maitri),

Buddhist Master Maitreya

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

 

Case number 11/2016: UNESCO Association for the Promotion of Intercultural and Interreligious Dialogue in Malaga

 

JUDGEMENT AND ETHICAL CONCLUSION

Dear Prosecutor, Executive Secretary and Jury Members of the International Buddhist Ethics Committee (IBEC) and Buddhist Tribunal on Human Rights (BTHR), regarding the case denounced by the World Association of Buddhism (WBA) against UNESCO Association for the Promotion of Intercultural and Interreligious Dialogue in Malaga, I hereby, on the day January 8, 2016, put on record that the eleventh case of the Ethics Committee is concluded to analyze the violation of Buddhist Spirituality and Human Rights carried out by the accused. After the evidence certified as valid by the Prosecutor, and the accused having had the opportunity to provide statement, it has proceeded with voting of 4 members of the Jury, who unanimously issued the verdict of “Responsible” to the UNESCO Association for the Promotion of Intercultural and Interreligious Dialogue in Malaga for the crimes of COMPLICITY WITH DISCRIMINATION, FALSE INTERCULTURAL DIALOGUE AND FALSE INTERRELIGIOUS DIALOGUE.

The actions of the accused have breached the Buddhist ethical precepts but also the international guidelines of International Law and Human Rights, since its prize and silence regarding the criminal acts of Mr. Nydahl – sentenced in case 05/2015 – are evidence that the UNESCO Association for the Promotion of intercultural and interreligious Dialogue in Malaga is complicit in discrimination, in addition to carrying out a false intercultural and interreligious dialogue. This association does not comply with what it says to represent, which are the ethical values of UNESCO, by awarding and endorsing an individual who allegedly made a contribution to freedom of speech, compassion, peace and good, even though our International Buddhist Ethics Committee has demonstrated that Mr. Nydahl is the very opposite of these values, being an individual who conveys ideas of intolerance towards Muslims, social minorities and even attacking freedom of expression of the International Buddhist Ethics Committee by promoting censorship as well as by promoting blockade of educational activities of the Maitreya Buddhist University. This kind of aggressive actions that violate human rights and fundamental freedoms is what UNESCO Association for the Promotion of Intercultural and Interreligious Dialogue in Malaga has awarded. Despite the ethical judgment of the Committee against Mr. Nydahl, in which their prize is declared spurious, and despite the continuous attacks and discriminatory acts of this individual, the association has continued defending him, contradicting everything they claim to represent. In addition, since the UNESCO Association for the Promotion of Intercultural and Interreligious Dialogue in Malaga has refused to confirm if there was a financial donation by Mr. Nydahl, who violates Human Rights and Buddhist Ethics, there is high probability that the award to this individual is a product of a turbid transaction. This association has been given the opportunity to correct its mistakes by canceling the award after analyzing the huge amount of evidence existing about the discriminatory and intolerant acts on the part of Mr. Nydahl, but the UNESCO Association for the Promotion of Intercultural and Interreligious Dialogue in Malaga decided to be complicit in these violations against the purity of Buddhist Ethics and Human Rights, which is an indisputable evidence of COMPLICITY WITH DISCRIMINATION, FALSE INTERCULTURAL DIALOGUE AND FALSE INTERRELIGIOUS DIALOGUE.

These public conducts of the accused are part of a global context of constant discrimination against Muslims and ethnic minorities, but are also part of a process of worldwide ignorance about what is really tolerance, which is not concession, condescension, indulgence or justification of social injustice and brokenness on Human Rights, of values and fundamental freedoms, such as the Declaration of Principles on Tolerance conducted in 1995 by UNESCO says. In fact, this international organization claims that tolerance should be practiced by every subject, group and people, being a synonym for pluralism and democracy in the face of dogmatism and absolutism. For peace and harmony to reign in the world it is essential that individuals, groups and peoples adopt tolerance towards other cultures, always seeking development but never discriminating. The Declaration of Principles on Tolerance of UNESCO also supports the inculcation of attitudes of openness, reciprocal listening, solidarity and tolerance values in schools and universities, which is precisely what Maitreya Buddhist University, an institution attacked by Mr. Nydahl, has been doing, which shows the danger of the increase and dissemination of intolerant ideology by the group led by this individual. Just like UNESCO, Maitreya Buddhist University and the International Buddhist Ethics Committee consider that education is the most appropriate means to prevent intolerance, which is the main root of violence and social exclusion, by helping humanity to develop the ability of solidarity reasoning, critical thinking and ethical judgment.

Therefore, the International Buddhist Ethics Committee and Buddhist Tribunal on Human Rights dictates that Buddhist Spirituality, as a Supreme Path of Human Rights and Fundamental Freedoms, must establish that the UNESCO Association for the Promotion of Intercultural and Interreligious Dialogue in Malaga has violated the Buddhist ethical precepts but it also has breached the spirit of UNESCO, institution to which it supposedly intends to support. However, because Maitreya Buddhist University is a humanitarian organization dedicated to education and tolerance, it offers the sentenced association a full scholarship for all its members to study a PhD in Human Rights at no cost, with the requirement that the UNESCO Association for the Promotion of Intercultural and Interreligious Dialogue in Malaga publicly apologizes for its complicit conducts of discrimination, by committing itself to try to repair the damage done to the Spiritual and Cultural Dialogue through the annulment of the award given to Mr. Nydahl, returning all financial donation that this person could have made, if any. Hopefully this will help the association to achieve a genuine defense of the values of UNESCO, which have been tainted by poorly ethical behavior of this association.

Following the Way of the Master Siddhartha Gautama, who has been the embodiment of true interspiritual dialogue, by defending the Human Rights our Committee has been able to prove that the UNESCO Association for the Promotion of Intercultural and Interreligious Dialogue in Malaga has committed crimes of COMPLICITY IN DISCRIMINATION, FALSE INTERCULTURAL DIALOGUE AND FALSE INTERRELIGIOUS DIALOGUE. Although we consider that non-governmental organizations have a special condition because they are leaders of justice and good in many countries of the world, our International Buddhist Ethics Committee has a duty to speak in the name of Righteousness and not being complicit in abuses against Spirituality and Fundamental Freedoms, by establishing the present Judgment as a form of ethical teaching to the accused association.

 

Always with a spirit of reconciliation (maitri),

Master Maitreya

Spiritual guide and president of the Buddhist Ethics Committee (IBEC) and Buddhist Tribunal on Human Rights (BTHR)

 

Case Number 11/2016: UNESCO Association for the Promotion of Intercultural and Interreligious Dialogue in Malaga

 

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

P R E S E N T. –

 

In the presence of the President and Spiritual Guide of IBEC-BTHR Buddhist Master Maitreya and the Executive Secretary of IBEC-BTHR Master Yan Maitri-Shi, it is addressed the case denounced by the World Association of Buddhism (WBA) against UNESCO Association for the Promotion of Intercultural and Interreligious Dialogue in Malaga (Spain), on charges of complicity with DISCRIMINATION,  FALSE INTERCULTURAL DIALOGUE AND FALSE INTERRELIGIOUS DIALOGUE.-

 

I, Sekkha Dhamma, as Prosecutor of IBEC and BTHR, acknowledge the hard and organized work carried out for the extensive compilation of Evidences in this case, in the same way, I appreciate the contribution of them for the analysis concerning the Party I represent. That said, with all due respect I appear to present:

Received the list of digital media that were collected, sorted and also confirmed in their order and context as Evidences by the Executive Secretary of IBEC and BTHR Master Yan Maitri-Shi, I give way to the Fourth Stage of the Procedure called “EVALUATION OF EVIDENCE” which is established in the Constitutive Act of IBEC and BTHR in order to know, establish, dictate and determine the Responsibility of the Accused for committing the above Charges. This accusation was made by the WORLD ASSOCIATION OF BUDDHISM in the field of Buddhist Ethics, an act that follows below:

 

EVALUATION OF EVIDENCES

FIRST EVALUATION.- By being the core of this procedural instance, it is necessary to point out the Means of Proof offered by the Executive Secretary of IBEC and BTHR Master Yan Maitri-Shi, and formally present them to the Jury for their knowledge. These Means of Proof are composed of 3 three Charges that validate the motivating Accusation of the current process. The above is denounced from the field of Buddhist Ethics. These Evidences come from digital audiovisual media in the public domain (mass media), e-mails and statements before our Tribunal, which are listed below:

Evidences:

 

Evidence number 1: Prize UNESCO 2015 to Dialogue, Coexistence and Peace granted to Ole Nydahl

 

Evidence number 2: Official Denounce that the Prize given to Nydahl is “Spurious”

Ethics Committee’s e-mail: “Dear UNESCO Association for the Promotion of Intercultural and Interreligious Dialogue in Malaga, we are communicating to make an Official Notification that on the day of the date our organization, the International Buddhist Ethics Committee & Buddhist Tribunal on Human Rights, has concluded an ethical judgment against Ole Nydahl finding him “Responsible” for the crimes of “Discrimination” after an arduous analysis of a huge amount of evidences which are available upon request. Unfortunately, we have denounced the Award from your organization as spurious as it completely ignores the ideological past of the accused. We hope to resolve this as soon as possible, because otherwise your association would be endorsing the discriminatory statements of the accused Ole Nydahl, reason why we are also going to notify UNESCO about what happened. Attached we share the ethical Judgment of the Committee and Tribunal. Sincerely, International Buddhist Ethics Committee & Buddhist Tribunal on Human Rights.” (July 31st, 2015).

 

 

Evidence number 3: Official Denounce of discrimination, censorship and political persecution

Ethics Committee’s e-mail: “Dear UNESCO Association for the Promotion of Intercultural and Interreligious Dialogue in Malaga, please study this email. We communicate to you to inform that Mr. Ole Nydahl is using a prize of yours to justify acts of discrimination and political persecution. We have evidence of this because we have a notification of Mr. Nydahl’s lawyer. By using the UNESCO award, he not only has not apologized for his acts of discrimination against Muslims, but he is also attacking our right to freedom of expression, by eliminating one of our websites. During this 2015 we have done a lot for the Islamic community worldwide, denouncing Islamic genocide in Myanmar, criticizing terrorist movements as false Islam and denouncing Buddhists who engage in discriminatory acts or Islamophobia. This obviously has brought us problems, because Mr. Lama Ole Nydahl is attacking us with acts of censorship. We require you a change of attitude to show some spiritual genuineness (merciful and fraternal) because paradoxically Mr. Lama Ole Nydahl (which is publicly anti-Islamic) has received a “Unesco Prize for Interreligious Dialogue”. We have already communicated with you in the past about this issue and we have not even received an answer. If there is no response over the next 5 five days, your association will be complicit in these acts of Discrimination, Political Persecution, Censorship and Attack on Human Rights to Freedom of Expression that Mr. Nydahl is doing by using your prize. Sincerely, Board of the International Buddhist Ethics Committee and Buddhist Tribunal on Human Rights”. (November 12, 2015).

 

 

Evidence n°4: Official communications with UNESCO in order to denounce complicity of the Association in Malaga

Ethics Committee’s e-mail: “Dear UNESCO. We are communicating with you in order to confirm a very important issue. A month ago, a Spanish institution called “asociación Unesco para la promoción del diálogo intercultural e interreligioso en Málaga” has delivered an Unesco award to Mr. Ole Nydahl.  The problem is that our organization, International Buddhist Ethics Committee & Buddhist Tribunal on Human Rights, has finalized an ethical judgment against Ole Nydahl find him “Responsible” of the charges of “Discrimination”. We have collected several proofs about it, which are available to UNESCO. Unfortunately, we have denounced the award by this association as spurious, since it completely ignores the ideological past of the accused. We hope you resolve it as soon as possible, since otherwise the UNESCO would be endorsing discriminatory statements of the accused Ole Nydahl. Attached we are sending you the ethical Judgment of the Committee and Tribunal. Best regards, International Buddhist Ethics Committee & Buddhist Tribunal on Human Rights” (August 1st, 2015).

 

Ethics Committee’s e-mail: “Dear UNESCO, Please consider this email. We communicate with you requesting for help. During this 2015 we have done a lot for the Islamic community worldwide, denouncing genocide in Myanmar, criticizing terrorist movements as false Islam and denouncing Buddhists who engage in discriminatory acts or Islamophobia. This obviously has brought us some problems, since one of the Buddhist individual that most discriminate to Muslims (Mr. Lama Ole Nydahl) is attacking us with acts of censorship (he has deleted a web of our organization) with lawyers and legal claims due to our ethical work. We require your spiritual support because paradoxically Mr. Lama Ole Nydahl (which is publicly anti-Islamic) has received a “Unesco prize for Interreligious Dialogue”. This was delivered by a Spanish organization called “UNESCO Association for the promotion of intercultural and Interreligious Dialogue in Malaga”, and this is the reason why we are communicating with you. We have communicated with UNESCO for months but they ignore our messages. In addition, Mr. Lama Ole Nydahl is now using this award to further justify his attacks and discrimination acts. It is a shame. We believe that all religions and spiritual movement must unite for peace and against evil in the world. We hope you can help with the spiritual and compassionate support of UNESCO. Sincerely, Board of Administration of the International Buddhist Ethics Committee & Buddhist Tribunal on Human Rights” (November, 2015)

 

 

Evidence number 5: Indifference and Complicity by the Association of Malaga in face of violations of Human Rights

Antonio Damián Requena: “Distinguished sirs if is it true that we did not acknowledge receipt of your previous missive we apologize, as it would be an unpardonable discourtesy on our part. We appreciate your missive and we wish ask you some remarks in order to your tranquility and ours. A) The award of our NGO Unesco Association is an award called Dialogue, Coexistence and Peace. They are not called Unesco Awards. B) The award is not given to Lama Ole alone, but also to his married couple, serving also as a deserved tribute to his wife sadly died. C) In the Parliament of religions within our association, Buddhists and Muslims dialogue and interact with total fluency and we have never detected attitudes of this kind. Best regards. Management team. As.UNESCOMALAGAPRODIALOGO. AntonioD.R.S. Civil Network for Unesco” (November 16th, 2015)

 

Ethics Committee’s e-mail: “Dear ones, we appreciate your response. First of all we clarify that Mr. Nydahl is publicly stating he received a UNESCO prize. Second, we clarify that we were communicating you for months and we submitted the evidences of discriminatory acts. Third, Mr. Nydahl is committing international violations to Human Rights; he is currently performing acts of censorship against us as from our investigation, which are political persecution and violation of freedom of expression. He has even accused us of communists. Please find the list of evidence below that we have collected a few months ago. If you do nothing at this, undoubtedly you will be complicit. Mr. Nydahl is also in violation of a large number of ethical Buddhist precepts, which is a task that concerns us in the International Buddhist Ethics Committee. We repeat if you do nothing you are being accomplices. I think you have the opportunity to be humble and self-critical and admit you have been arduously mistaken. We shared the evidences on the case of DISCRIMINATION that we have carried out about Mr. Nydahl (soon to be evaluated for other crimes against human rights): DISCRIMINATION AGAINST MUSLIMS AND AFRICAN PEOPLE (…) SEXISM, RIGHTIST IDEOLOGY and HOSTILITY (…) ANTI-ISLAM (…) SUPERFICIAL BUDDHISM (…) HOMOPHOBIA (…) ACCUSATION THAT ISLAM IS GENOCIDAL (…) MUSLIMS AND CHRISTIANS PROTESTING AGAINST OLE NYDAHL (…) NYDAHL’S FOLLOWERS JOINED WITH SKINHEADS AGAINST BUILDING A MOSQUE (…) CULT OF PERSONALITY”. (November 16th, 2015)

 

 

Evidence Number 6: Malaga Association’s Negation to justify and explain their wrong behavior

“Dear UNESCO Association for the promotion of intercultural and interreligious Dialogue in Malaga. First, we must say that you have not replied to our last email, which was very important because we submitted evidences of the grave Discrimination that Mr. Nydahl carries out against Islam and other groups. Second, attached we send you a formal Notification of our International Buddhist Ethics Committee in which we officially notify you that we have extended the charges, by sentencing Mr. Nydahl not only for Discrimination but also for other crimes against Buddhist Spirituality and Human Rights, such as the attack on freedom of expression and political persecution. Third, as we have already told you in three previous formal emails, your association is being accomplice of Discrimination provided it does not take the right measures, which is why we decided to give you a period of 5 days in order to answer about what measures you have taken or will take as from our communications. The statement may be in person, in writing or by telephone. Particularly we wish to know the following: Did you previously investigate Mr. Nydahl to give him the award, considering his anti-Islamic statements are public? Did Mr. Nydahl or Diamond Way make any donation before or after the award? Why is the reason you have not replied us when we have sent the evidence concerning Mr. Nydahl or when we have publicly repudiated the prize granted? Do you plan to cancel the award or maintain its validity despite these internationally proven questionings? How could you give an award of “Intercultural and Interreligious Dialogue” to someone who has publicly stated that Islam is “genocidal” and it “can destroy the world”, and who compared Muhammad with Hitler? Fourth, the quality and content of the answer we receive will be an indicative as to whether there has been some responsibility by UNESCO Association on the charges of Complicity with Discrimination, False Intercultural Dialogue and False Interreligious Dialogue. We reiterate you have 5 days in order to issue your formal Declaration on these matters. Board of the International Buddhist Ethics Committee” (November 27^th, 2015).-

 

 

SECOND EVALUATION.- Of the evidence submitted there is no doubt about its authenticity, considering their origin, as each evidence collected comes from proofs which constitute sent and replied emails. Regarding the proofs offered and that support the aforementioned Charges (case that is not our responsibility to know or jurisdictionally decide in this matter on our Part), there is no objection, disqualification or invalidation of the digital content by the Part I represent, by virtue of which they are evidences coming from reliable sources and that were also declared and published at that time in a formal and open manner, of which there is no doubt about their authenticity.-

 

THIRD EVALUATION.- Based on what was exposed, published and declared and which are now submitted as digital Evidence for this Case by the Executive Secretary of IBEC and BTHR Master Yan Maitri-Shi, such proofs are determined by the Part I represent as Prosecutor of IBEC and BTHR as LEGITIMATE and VALID, which support and confirm the Indictment presented by the World Association of Buddhism against UNESCO Association for the Promotion of intercultural and Interreligious Dialogue in Malaga regarding 3 Charges upon it.-

In such a situation, it is given beginning to the Fifth Stage of the Procedure called “JUDGMENT”, in which it is set the term of 5 five days to Jury Members to decide whether the accused is “Innocent” or “Responsible” for the 3 three Charges which he is imputed concerning the Evidence provided, accepted and evaluated in the present writing.-

 

Sekkha Dhamma

Prosecutor of IBEC & BTHR

 

Mexico, month of December of 2015 two thousand fifteen.-

Case 05-2015: Lama Ole Nydahl

Legal Requirement to Ogyen Trinley Dorje 17th Gyalwang Karmapa

 

January 24, 2018

The International Buddhist Ethics Committee & Buddhist Tribunal on Human Rights, after concluding an ethical trial in 2015, sentenced Ole Nydahl as Responsible for Discrimination, False Buddhism and False Spirituality, Violation of Buddhist ethical precepts, Political Persecution and Attack on Human Right to Freedom of Expression. Then, in May 2017 an Act of repudiation against Thaye Dorje 17th Gyalwa Karmapa was issued for his continued support of Ole Nydahl, requiring him to take action against this individual, because his Islamophobic teachings are a betrayal of the Buddhist Path, by warning that inaction and passivity before these facts would constitute an Act of Complicity. However, Thaye Dorje 17th Gyalwa Karmapa simply replied that he hoped that the work of the International Buddhist Ethics Committee serves to cool emotions and help all sentient beings on the Path to Enlightenment.

Due to the fact that on January 18, 2018 the International Buddhist Ethics Committee issued a LEGAL WARNING to the Karma Kagyu Lineage requesting the immediate expulsion of Ole Nydahl as a member of that Buddhist School for teaching Islamophobic ideas that undermine the sacredness and purity of Buddhist Spirituality, Ogyen Trinley Dorje 17th Gyalwang Karmapa is immediately informed about the violations against Buddhist Ethics committed by both Ole Nydahl and those spiritual leaders who are endorsing him.

The International Buddhist Ethics Committee agrees with Ogyen Trinley Dorje 17th Gyalwang Karmapa that the Islamophobic and genocidal actions of certain Bhikkhus of Myanmar affect not only their own reputations but the reputation of all Buddhists. For this reason, it is requested that the same criteria be applied to Ole Nydahl, 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, having to be expelled from the Sangha, otherwise his permanence would affect the ethical and spiritual reputation of all the Buddhists of the Karma Kagyu Lineage.

Therefore, the International Buddhist Ethics Committee asks for wise and compassionate support from Ogyen Trinley Dorje 17th Gyalwang Karmapa, requiring him to support an expulsion process against Ole Nydahl with the aim of purifying these acts of misbehavior and corruption that undermine the spiritual mission of the Karma Kagyu Lineage. The only reason why Ole Nydahl still belongs to the Karma Kagyu Lineage is a monetary reason, although corruption violates the principles established by Buddhist Law.

Always with a spirit of reconciliation (maitri),

H.E. Master Maitreya Samyaksambuddha

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

Case 05/2015: LAMA OLE NYDAHL

ACT ON Thaye Dorje 17th Gyalwa Karmapa

On May 30, 2017, it is issued an Act of International Repudiation against the spiritual endorsements that Thaye Dorje 17th Gyalwa Karmapa made to Mr. Ole Nydahl. This repudiation is due to the fact that the International Buddhist Ethics Committee has sentenced Mr. Ole Nydahl for being Responsible for the charges of Discrimination, False Buddhism and False Spirituality, Violation of Buddhist Ethical Precepts, Political Persecution and Attack on the Human Right to Freedom of Expression. Therefore, every ethical and spiritual support given to Mr. Nydahl is an act of complicity that must be repudiated at the international level. In addition, it should be noted the fact that while some charges show that Mr. Ole Nydahl violates Buddhist Law and Ethics, at the same time other charges constitute violations of International Human Rights Law. These grave denunciations and objections against Mr. Nydahl are certainly not new, since Master Chögyam Trungpa had already warned in 1984 about Nydahl’s teaching as being contrary to all that is genuine in Buddhism, also stating that Mr. Nydahl transmits a perversion of the Buddhadharma. Even someone as controversial and with many ethical flaws as Chögyam Trungpa could recognize the lack of spiritual veracity in Mr. Ole Nydahl, coming at the same conclusions that the International Buddhist Ethics Committee.

In the face of all this, it is unfortunate that Thaye Dorje 17th Gyalwa Karmapa has not corrected Mr. Nydahl, but rather complicity has been kept facing his violations of Buddhist Ethics and Human Rights. There is a fundamental explanation for this endorsement: Mr. Nydahl has remained within the Buddhist lineage because of the multimillion-dollar income he gets with his thousands of followers. The other option is that Thaye Dorje 17th Gyalwa Karmapa shares absolutely everything what Mr. Nydahl says, which would obviously disqualify him as a genuine Buddhist Master. Mr Ole Nydahl deforms Buddhist teachings, conveying a self-help and superficial Buddhism, while at the same time he unacceptably conveys discriminatory ideas, especially Islamophobia. All of this contradicts the pacifist legacy of Siddharta Gautama, who was the greatest exponent of liberty, equality and fraternity among the nations of the world. The endorsement of Thaye Dorje 17th Gyalwa Karmapa to Nydahl is shameful and is an affront against Buddhist Spirituality.

Moreover, it is recorded that Thaye Dorje 17th Gyalwa Karmapa has received a spiritual award from the Jeewak Welfare Society, which is also an organization that has awarded to Ronald Lloyd Spencer. Regarding Mr. Spencer, he is an international fraudster who has been sentenced by the International Buddhist Ethics Committee for the charges of Spiritual Fraud and False Buddhism. It should be noted that for years Mr. Spencer has used as a source of spiritual legitimacy the fact of having been awarded by an organization that also gave an award to Thaye Dorje 17th Gyalwa Karmapa.

With respect to other possible Buddhist ethical objections that may be made against Thaye Dorje 17th Gyalwa Karmapa, such as the fact that he is not a genuine reincarnation or the fact that he left the life of a mendicant to decide becoming a married man, the International Buddhist Ethics Committee has nothing to say about it. This is because the Buddhist masters’ spiritual veracity does not come from the contradictory belief in reincarnation, but comes from their thoughts, words and acts. Nor is it disputed the fact that Thaye Dorje 17th Gyalwa Karmapa has decided to marry, recommending that his lineage carry out a transformation of his internal laws and that he accepts that Buddhist mendicants may marry companions of the Buddhist Path. Whenever there is Compassionate Love without attachment, this would not be contradictory to Buddhist Ethics.

In conclusion, the International Buddhist Ethics Committee requests Thaye Dorje 17th Gyalwa Karmapa the following two points:

1. It is requested he publicly takes action against Mr. Nydahl for his grave violations of Buddhist Ethics and Human Rights.
2. It is requested he publicly requires the Jeewak Welfare Society to cancel the prize awarded to Mr. Spencer.

In case of not fulfilling these requirements there would be Complicity of Thaye Dorje 17th Gyalwa Karmapa with respect to violations toward Buddhist Ethics.

 

Always with reconciliation (maitri),

H.E. Master Maitreya Samyaksambuddha

President of the International Buddhist Ethics Committee

Case NO. 05/2015: Ole Nydahl

 

ETHICAL NOTIFICATION TO ASOCIACIÓN UNESCO PARA LA PROMOCIÓN DEL DIÁLOGO INTERCULTURAL E INTERRELIGIOSO EN MÁLAGA

 

Dear members of Asociación UNESCO para la Promoción del Diálogo Intercultural e Interreligioso (UNESCO Association for the Promotion of Intercultural and Interreligious Dialogue in Malaga), through the present, on the day November 27, 2015, the International Buddhist Ethics Committee notifies you that having received six votes of the members of the Jury, Mr. Ole Nydahl has been found responsible for new additional charges which are added to the charge of Discrimination previously analyzed by our Ethics Committee. Thus, it has stated that Ole Nydahl is responsible for the charges of False Buddhism and False Spirituality, Violation of the Buddhist ethical precepts, Political Persecution and Attack on the Human Right to Freedom of Expression.

This extension of charges is a product that the acts of discrimination performed by Mr. Ole Nydahl have not only been defended, but also in recent weeks this person’s lawyer has asked the Wix.com company to censor the International Buddhist Ethics Committee‘s website, and it is even used an award received by your association and, in addition, Nydahl went so far as to accuse founding members of our Committee as Communists. This clearly demonstrates that Mr. Nydahl completely ignores the ethical steps of Buddhism to resolve conflicts within the dharmic community. Since the defendant has committed serious offenses against Buddhist Spirituality and has not repented for his actions but he has continued worsening his actionning, being a criminal before the high standards of Dharma, this implies that any kind of event that is carried out along with this person is an act of Complicity as long as you remain silent in face of his actions that undermine the ethical integrity of the Buddhist Spirituality. Since Mr. Ole Nydahl is discriminating against Muslims, these actions are also in violation of all kinds of Intercultural Dialogue and Interreligious Dialogue, although the members of your association did not seem to care about this when they decided to award the acts of discrimination committed by Mr. Ole Nydahl. Know that the International Buddhist Ethics Committee formally endorses the annulment of the award that has been given to this person. All organizations comprising the International Buddhist Ethics Committee are expert on Intercultural Dialogue and Interreligious Dialogue, reason why we had an unpleasant surprise to hear that your association has supported and it continues to support Mr. Nydahl, who is a reason of shame for the interspiritual relationship between Buddhism and Islam. From these facts, the association should know that it tarnishes the good name of UNESCO by being an accomplice of Mr. Nydahl, and betraying the values of the Interreligious Dialogue and Intercultural Dialogue.

Although some people may come to discriminate against our organization for having headquarters in Latin America, the International Buddhist Ethics Committee will continue to bring righteousness and purification all over the world. Our humanitarian and solidary Purpose (Dharma) will never allow Discrimination, always teaching that the Buddhist Path is Detachment, Humility and Love to the fellow beings. Definitively, the only way (Ekayana) toward the Awakening (Bodhi) of the entire society is the Unity and interdependence of all peoples, which is the key to creating an Earth of Peace and Justice.

 

Sincerely, with a spirit of reconciliation (maitri),

Buddhist Master Maitreya

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