sorry for not having reacted earlier.
The situation is the following:
First, the Court gave itself time until December 20 th to come up with a decision.
Then, on that day, they said they needed more time and postponed their decision to January 10 th 20012.
A few days ago, on January 10 th , the Court finally came up with a preliminary judgment:
- The charge, on the basis of the Belgian 2007 law against discrimination, was rejected, but …
- A new trial will have to be celebrated on the following aspects:
- Violation or not of the Belgian law of 1921 which guarantees the freedom of association
- Violation or not of the European Human Rights Charter (articles 3,8,9,14 & 17)
- The request, by the ex JW, for moral and physical compensation
- The request, by the ex JW, of cancellation of his baptism as a JW
The first trial at the first judgment level dates back to August 2004. The claim was of Belgian law against discrimination. In the meantime, while the case went through 4 levels of judgment, Belgium has rewritten the law against discrimination, invalidating the old 2003 and introducing the new 2007 law.
For some reasons (we do not have yet the details of the justifications used by the Court), it was deemed that this case, which dates back to 2004, has not violated the 2007 law.
We need to understand the details of the justification to take the appropriate decision as to whether or not there is a base to pursue further the case at the European Court of Human Rights.
Independently of this particular aspect, the case will have to be re-judged by a new Court, in the light of the four aspects highlighted by the Court of Appeal of October 18 th 2011.
Jacques is away on vacation right now, and I did not have a chance to speak to his lawyer. As soon as he is back we will sit together to evaluate the whole issue.
I shall keep you informed of the evolution of the case