ECHR: Orthodox Church in Ptycha Village of Dubenskyy District v. Ukraine (no. 8906/19)

The applicant is a religious community that belongs to the Ukrainian Orthodox Church (UOC) which, when the application was lodged in 2019, was associated with the Moscow Patriarchate and headed by the Metropolitan of Kyiv and All Ukraine, Onufriy. Den Rest des Beitrags lesen »

ECHR: Suverénní řád Maltézských rytířů – České velkopřevorství v. the Czech Republic (application no. 15440/22)

The applicant, Suverénní řád Maltézských rytířů – České velkopřevorství, is an ecclesiastical unit of the Roman Catholic Church with legal personality. In 1945, some of its immovable property and land was the subject of several confiscation notices (konfiskační vyhlášky) issued under Presidential Decree no. 12/1945, which provided for immediate confiscation, without compensation, of agricultural property owned by people or companies/corporations who had intentionally served the German war machine for fascist or Nazi purposes. In April 1948 the applicant’s property was further subjected to the expropriation procedure under Law no. 142/1947. Den Rest des Beitrags lesen »

ECHR: The Court holds Russia accountable for widespread and flagrant abuses of human rights arising from the conflict in Ukraine since 2014, in breach of the European Convention on Human Rights

The case Ukraine and the Netherlands v. Russia (applications nos. 8019/16, 43800/14, 28525/20 and 11055/22) concerned the conflict that began in eastern Ukraine in 2014 following the arrival in the Donetsk and Luhansk regions of pro-Russian armed groups, and escalated after Russia’s full-scale invasion of Ukraine beginning on 24 February 2022… Ukraine alleged repeated violations of human rights by Russia… Den Rest des Beitrags lesen »

ECHR: Rafiyev v. Azerbaijan (no. 81028/17)

The applicant, Vugar Karim oglu Rafiyev, is an Azerbaijani national who was born in 1980 and lives in Sumgayit (Azerbaijan). He is a follower of the Nurism teachings of Islam. The case concerns the arrest and subsequent conviction of the applicant for holding an unauthorised religious meeting in a private house in March 2017. Den Rest des Beitrags lesen »

ECHR: A.B. and Y.W. v. Malta (no. 2559/23)

The applicants, A.B. and Y.W., are a married couple. They are Chinese nationals of Uighur ethnicity and Muslim faith from Xinjiang province (China). At the time of lodging the application, they were detained in Safi (Malta), but were released thereafter. Den Rest des Beitrags lesen »

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ECHR: Church of Greece v. Greece (application no. 44547/15)

The applicant organisation is the Church of Greece. The Church manages the Asomaton Petraki Holy Monastery, which had owned three tracts of land totalling 31.9 hectares in the prefecture of Athens. In 1980 the State agreed a contract with the Church to transfer parts of the 31.9 hectares to the National and Kapodistrian University of Athens for it to build a university hospital within ten years. The hospital was not built, so in 2013 the Church asked the Minister of Finance for the Monastery to be declared the owner of the 31.9 hectares again. The case concerns the legal proceedings which followed in that connection. Den Rest des Beitrags lesen »

Y v. the Czech Republic (application no. 10145/22)

The applicant is a Czech national who was born in 1984 and lives in Prague. The case concerns allegations of non-consensual sex between the applicant and a priest, and the ensuing investigation and proceedings. Den Rest des Beitrags lesen »

ECHR: Rybářství Třeboň a.s. and Rybářství Třeboň Hld. a.s. v. the Czech Republic (applications nos. 18037/19 and 33175/22)

The applicants, Rybářství Třeboň a.s. and Rybářství Třeboň Hld. a.s, are two companies registered in the Czech Republic. In the 1990s some fishponds and land located in Novosedly nad Nežárkou and Lutová which had been seized by the communist regime from two Roman Catholic Church parishes were privatized and came into the ownership of the applicant companies. The case concerns the annulment without compensation of the privatisation and the property’s return to the Catholic Church. Den Rest des Beitrags lesen »

ECHR: Lindholm and the Estate after Leif Lindholm v. Denmark (application no. 25636/22)

The applicants are Lilian Elisabeth Lindholm, born in 1953 and currently living in Randers (Denmark), and the estate of her late husband, Leif Ingolf Lindholm, born in 1947. They are/were both Jehovah’s Witnesses. Den Rest des Beitrags lesen »

ECHR: Complaint concerning ban on wearing a burkini at a public swimming pool

In its decision in the case of Missaoui and Akhandaf v. Belgium (application no. 54795/21), the European Court of Human Rights has unanimously declared the application inadmissible. The case concerned two applicants who complained that they had been prohibited from entering a public swimming pool in Antwerp while wearing burkinis, on the basis of a municipal by-law. In the domestic proceedings, the applicants did not lodge an appeal on points of law because a lawyer at the Court of Cassation had given a negative opinion on the chances of lodging a successful appeal. Den Rest des Beitrags lesen »

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ECHR: Multiple violations in case brought by Ukraine against Russia concerning Crimea

The case of Ukraine v. Russia (re Crimea) (applications nos. 20958/14 and 38334/18) concerned Ukraine’s allegations of a pattern (“administrative practice”) of violations of the European Convention on Human Rights by the Russian Federation in Crimea beginning in February 2014. It also concerned allegations of a pattern of persecution of Ukrainians for their political stance and/or pro-Ukrainian activity (“Ukrainian political prisoners”) which had occurred predominantly in Crimea but also in other parts of Ukraine or in the Russian Federation since early 2014. Den Rest des Beitrags lesen »

ECHR: Ban on visible symbols of belief in the official education system of the Flemish Community not incompatible with Article 9 of the Convention

In its decision in the case of Mikyas and Others v. Belgium (application no. 50681/20) the European Court of Human Rights has, by a majority, declared the application inadmissible. The decision is final. The case concerned three young women who identify as Muslims. They complained that they were unable to wear the Islamic headscarf in their secondary schools (except during religious education classes), following the prohibition on wearing any visible symbols of one’s beliefs in the official education system of the Flemish Community. Den Rest des Beitrags lesen »

ECHR: Convention breached by absence of legislation allowing conscientious objectors to opt for civilian service as alternative to military service

In today’s Chamber judgment in the case of Kanatlı v. Türkiye (application no. 18382/15) the European Court of Human Rights held, unanimously, that there had been a violation of Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights. The case concerned an applicant (Mr Kanatlı) who complained that he had been convicted for refusing to perform his one day of military service as a reservist – for which he had been called up in 2009 in accordance with the Military Service Act – on grounds of conscientious objection. Den Rest des Beitrags lesen »

ECHR: Föderation der Aleviten Gemeinden in Österreich v. Austria (no. 64220/19)

The applicant, Föderation der Aleviten Gemeinden in Österreich, is an association registered in Austria. It is the umbrella body for several Alevi cultural associations in Austria. The case concerns the authorities’ refusal to register the applicant association as a religious community, mainly owing to similarities in its statutes with another religious group that had applied for registration around the same time. Den Rest des Beitrags lesen »

ECHR: Ban on ritual slaughter of animals without prior stunning in Flemish and Walloon Regions does not breach Convention

The case Executief van de Moslims van België and Others v. Belgium (applications nos. 16760/22 and 10 others) concerned a ban on the ritual slaughter of animals without prior stunning in the Flemish and Walloon Regions of Belgium. In today’s Chamber judgment in this case the European Court of Human Rights held, unanimously, that there had been no violation of Article 9 (freedom of religion) of the European Convention on Human Rights, and no violation of Article 14 (prohibition of discrimination) taken together with Article 9. Den Rest des Beitrags lesen »

ECHR: Hamzayan v. Armenia (application no. 43082/14)

The applicant, Marina Hamzayan, is an Armenian national who was born in 1980 and lives in Yerevan. The case concerns an administrative penalty that the applicant, a Jehovah’s Witness, was given by the authorities of the unrecognised “Nagorno Karabakh Republic”, for having a religious conversation with somebody, not a Jehovah’s Witness, in that person’s home. Den Rest des Beitrags lesen »

ECHR: Sardar Babayev v. Azerbaijan (applications nos. 34015/17 and 26896/18)

The applicant, Sardar Akif oglu Babayev, is an Azerbaijani national who was born in 1974 and lived in Masalli (Azerbaijan) at the time of the events in question. The case concerns the pre-trial detention and subsequent criminal conviction of Mr Babayev, a clergyman who obtained his religious education in Iran, for preaching and conducting Friday prayers in the Masalli Juma mosque. Pursuant to Article 168-1 of the Criminal Code the conducting of Islamic religious ceremonies by citizens of the Republic of Azerbaijan who had obtained their religious education abroad was criminalised. He received a three-year prison sentence. Den Rest des Beitrags lesen »

ECHR: Advisory opinion as to whether an individual considered to be a supporter of the “scientific” Salafist ideology may be denied authorization to work as a security guard

The European Court of Human Rights has delivered, unanimously, its advisory opinion in response to a request (no. P16-2023-001) from the Belgian Conseil d’État (supreme administrative court) concerning proceedings pending before that court. The Conseil d’État asked the following question: Den Rest des Beitrags lesen »

ECHR: Ţîmpău v. Romania (no. 70267/17)

The applicant, Doina Ţîmpău, was born in 1964 and lives in Câmpulung Moldovenesc, Suceava County (Romania). She worked for 20 years as a lay teacher of Orthodox religion in a public school. The case concerns the Archbishop of Suceava’s withdrawal of his endorsement (binecuvântarea) of Ms Ţîmpău to teach religion, alleging unprofessional conduct and a failure to confirm that she was a true preacher of the word of God. Ms Ţîmpău went to court, but the national courts ultimately held that she could not make her case against the Archbishop’s decision before secular courts. Den Rest des Beitrags lesen »

ECHR: Court rejects as inadmissible complaints about controversial artwork “Amen”

In its decision in the case of Asociación de Abogados Cristianos v. Spain (application no. 22604/18) the European Court of Human Rights has unanimously declared the application inadmissible. The decision is final. The case concerned an artwork, called Amen, which was part of an exhibition financed by the local authorities in Pamplona in 2015. The use of consecrated pieces of the host in the artwork sparked public outrage and led the applicant association to lodge a criminal complaint against both the artist and a local councillor. Den Rest des Beitrags lesen »

ECHR: Georgian Muslim Relations and Others v. Georgia (application no. 24225/19)

The first applicant, Georgian Muslim Relations, is a non-profit association, whose main objective is to foster support for religious education and to provide free education to socially vulnerable children. The other applicants are seven Georgian nationals who belong to the Muslim minority. The case concerns the authorities’ response to the applicants’ being prevented from opening a Muslim boarding school. Den Rest des Beitrags lesen »

ECHR: Internationale Humanitäre Hilfsorganisation e.V. v. Germany (no. 11214/19)

The applicant, Internationale Humanitäre Hilfsorganisation e.V., was a non-profit association with its headquarters in Frankfurt a.M. The case concerns its proscription and the seizure of its assets which entailed its dissolution. Den Rest des Beitrags lesen »

ECHR: Gurbanov v. Armenia (application no. 7432/17)

The applicant, Salman Gurbanov, is an Azerbaijani national who was born in 1968 and lives in Baku. The applicant’s 22-year-old son, a soldier in the Azerbaijani Armed Forces, was killed in military clashes that took place on the border between Azerbaijan and Armenia on 29 December 2016. His body was found in the Tavush region of Armenia. Den Rest des Beitrags lesen »

ECHR: Midyat Saint Gabriel’s Syriac Monastery Foundation (no. 13176/13)

The applicant, the Midyat Saint Gabriel’s Syriac Monastery Foundation (Midyat Süryani Deyrulumur Mor Gabriel Manastırı Vakfı), a foundation established under Turkish law, is a religious institution that was created during the Ottoman Empire. Its status is currently governed by Law no. 2762 of 13 June 1935, under which it is a legal entity. In particular, the Foundation manages Saint Gabriel’s Monastery (Mor Gabriel Manastırı), one of the oldest monasteries in the world, which is located in Midyat, Mardin province, where it was built in the fourth century. The case concerns the judicial authorities’ refusal to order the registration, in the applicant foundation’s name, of land that it claims has been in its possession without interruption for a long period of time and is part of the cemetery of the Syriac community. Den Rest des Beitrags lesen »

ECHR: Homophobic article by senior official of Greek Orthodox Church was incompatible with the Convention

In its decision in the case of Lenis v. Greece (application no. 47833/20) the European Court of Human Rights has, by a majority, declared the application inadmissible. The decision is final. The case concerned Mr Lenis’s posting of a homophobic article on his personal blog in December 2015, when the Greek Parliament had been about to debate proposed legislation introducing civil unions for same-sex couples, and his subsequent prosecution and sentencing for incitement to hatred and discrimination. At the time, Mr Lenis was the Metropolitan (equivalent of a bishop) of the Greek Orthodox Church for Kalavryta and Aigialeia. Den Rest des Beitrags lesen »