The ECHR ruled to pay compensation to Jehovah's Witnesses for disrupted religious services

On January 31, 2023, the European Court of Human Rights ruled in the Nabokikh and Others v. Russia case, which brought together the complaints of several Jehovah's Witnesses whose religious meetings in 18 Russian regions were disrupted by security forces in 2010-2013.

We are talking about the cases “Nabokikh and others against Russia” (Kirov, Volgodonsk, Prokhladny, Vladimir, Ufa), “Martynenko and others against Russia” (Yoshkar-Ola), “Zinchenko and others against Russia” (Smolensk, Perm, Kazan, Kaliningrad, Voronezh, Belgorod, Blagoveshchensk), Burenkov and Others v. Russia (Salekhard), Golovko and Others v. Russia (Kemerovo), Shaikhiev and Others v. Russia (Naberezhnye Chelny, Dubna), Mashinsky and Others v. Russia" (Primorsky Territory).

The meetings were held on private property owned by believers or religious organizations, or rented for religious meetings and services. In 15 cases, the alleged violation of Art. 20.2 of the Code of Administrative Offenses (violation of the established procedure for organizing or holding a meeting), in the rest the meetings were interrupted due to searches in the framework of criminal cases on involvement in extremist activities. In all cases, the arrived security forces refused to wait until the end of the service, confiscated religious literature, checked documents, and used violence against some of the applicants. Russian courts dismissed complaints about the actions of the security forces.

The ECtHR concluded that in all cases there had been a violation of Art. 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which provides for the right to freedom of thought, conscience and religion. The court noted that, in accordance with the decision of the Supreme Court of the Russian Federation, the holding of religious meetings, even in rented premises, does not require prior permission or notification from the authorities. In addition, the meetings of Jehovah's Witnesses were peaceful and did not pose a threat to public order, and therefore there was no need to persecute their participants. The security forces in all cases did not provide sufficient grounds for conducting searches and interrupting services.

The court ruled to pay the applicants 345 thousand euros in compensation (7.5 thousand each or the amount requested by the applicant as damages and 5 thousand euros for all as compensation for legal costs).

Sources

• CASE OF NABOKIKH AND OTHERS v. RUSSIA // HUDOC. 2023. 31 January.