The essence of the decision:
The European Court of Human Rights (ECHR) ruled in favor of two Russian Jehovah’s Witnesses who were criminally prosecuted for extremism due to their religious activities. The Court found that their prosecution for organizing worship services and practicing their religion peacefully violated Article 9 of the Convention (freedom of religion). The Court also found their pre-trial detention unlawful.
Structure and main provisions:
1. The Court established its jurisdiction over the case despite Russia’s withdrawal from the Convention, as the events occurred before September 16, 2022.
2. The Court based its decision on the precedent case of Taganrog LRO and Others v. Russia, where it was established that:
– The extremism legislation was applied too broadly
– The authorities failed to prove any socially dangerous activities
– The prosecution did not pursue any legitimate aim or “pressing social need”
3. The Court found violations of:
– Article 9 (freedom of religion)
– Article 5(1)(c) regarding unlawful pre-trial detention
Most important provisions:
1. The Court confirmed that peaceful religious practice, including organizing worship services and studying religious literature, cannot be considered extremist activity.
2. The decision establishes that criminal prosecution for peaceful religious activities violates the Convention, even if the religious organization has been officially liquidated.
3. The Court awarded 7,500 euros to each applicant as compensation for non-pecuniary damage.
: This decision is significant for religious minorities in Russia and potentially in other countries where religious organizations face similar restrictions under anti-extremism legislation.
