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European Court Holds Russia Violated ECHR In Dissolving Moscow Jehovah's Witnesses

By Howard M. Friedman

In Jehovah's Witnesses of Moscow v. Russia, (ECHR, June 10, 2010), the European Court of Human Rights held that an order by a Russian court dissolving the Moscow branch of the Jehovah's Witnesses and placing a permanent ban on its activities violates Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights read in light of Article 11 (freedom of assembly and association). The government's refusal to re-register the organization under the 1997 Religions Act had no legal basis and also violates ECHR Article 11 read in light of Article 9. The Court found that:

The domestic courts did not adduce "relevant and sufficient" reasons to show that the applicant community forced families to break up, that it infringed the rights and freedoms of its members or third parties, that it incited its followers to commit suicide or refuse medical care, that it impinged on the rights of non-Witness parents or their children, or that it encouraged members to refuse to fulfil any duties established by law. The sanction pronounced by the domestic courts was excessively severe in view of the lack of flexibility in the domestic law and disproportionate to whatever legitimate aim was pursued.

The Court also held that the length of the proceedings against the organization-- six years-- violated Article VI of the Convention (right to a fair trial within a reasonable time). A press release from the Court summarizes the decision. [Thanks to Institute on Religion & Public Policy for the lead.]

Full post as published by Religion Clause on June 13, 2010 (boomark / email).