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Court Orders Russian Government To Protect Religious Documents

By Howard M. Friedman

Last year, The Orthodox Jewish Chabad-Lubavitch movement sued Russia to recover two historic collections of Jewish religious books and manuscripts. (See prior posting.) The case is still being litigated, but it appears that about a dozen pages of rare religious manuscripts from the collection under the control of the Russian State Military Archives have turned up in Israel. So in December, plaintiffs filed a motion charging the Russian Federation with not properly guarding the material. Both the New York Times and an article at Chabad.org yesterday report that D.C. federal district judge Royce Lamberth issued a restraining order requiring Russia to protect the documents and return any that have already have been removed from the Russian State Military Archives. However the court refused to order Russia to permit a Chabad delegation into the country to check on how the collection was being preserved. The judge said he did not think he had authority to order Russia to accept foreigners into the country.

Meanwhile, American Lawyer reported yesterday that the law firm of Squire, Sanders & Dempsey which represents the Russian government has filed a motion seeking to withdraw its representation in the case, saying there has been a breakdown in communication with their client, and that their bills to the client have not been paid. The Chabad.org report says that the court ordered the attorneys to remain on the case, but warned a default judgment could be issued if the representation question is not resolved.

Full post as published by Religion Clause on January 23, 2009 (boomark / email).