The European Court of Human Rights (ECtHR) issued a judgment in the case of Ashyrov and Skokov v. Russia, concerning two Ukrainian nationals who complained about restrictions on their freedom of religion. The applicants were fined for violating Russian legislation on unlawful missionary work in Crimea. The ECtHR found that these restrictions were unjustified and constituted a violation of Article 9 of the European Convention on Human Rights. The Court emphasized that the convictions occurred in Crimea, which is Ukrainian territory under Russian occupation, and through the application of Russian law, which was extended to Crimea in violation of the Convention. The Court decided not to examine additional complaints raised by the applicants under Articles 6, 10, and 14 of the Convention, considering that the principal legal questions had already been addressed. The Court awarded each applicant 7,500 euros in respect of pecuniary and non-pecuniary damage and costs and expenses.
The decision is structured as follows: it begins with the procedural history, outlining the applications and the parties involved. It then presents the facts of the case, followed by a legal analysis that includes the joinder of the applications and the Court’s jurisdiction. The core of the decision addresses the alleged violation of Article 9, referencing a previous leading case, Ossewaarde v. Russia, and emphasizing the illegal application of Russian law in Crimea. Finally, it addresses the remaining complaints and the application of Article 41 regarding just satisfaction, awarding damages to the applicants.
: The most important provision of this decision is the confirmation that Russia violated Article 9 of the Convention by applying its legislation on missionary work in Crimea, which is Ukrainian territory. This reaffirms the Court’s stance on Russia’s illegal extension of its legal framework to Crimea and its impact on the human rights of Ukrainian citizens. This decision underscores that the restrictions on religious freedom imposed by Russia in Crimea are a breach of the Convention.
