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Human Rights Without
Frontiers Avenue Winston
Churchill 11/33, 1180 Brussels, Belgium Phone:
32 2 3456145 - Fax: 32 2 3437491 "Religious
Intolerance and Discrimination" Table of
contents European Court of
Human Rights 4 Friendly
Settlements on Religious Freedom Issues
(1997-2001) Research
work by Sara Vann (Emory Law School) during her internship at
HRWF 27 June
2002 Editor-in-chief:
Willy Fautré Project
Manager: Colleen Chen (Harvard Law School) Website:
http://www.hrwf.net Email:
info@hrwf.net EUROPEAN
COURT
4 Friendly
Settlements on Religious Issues (1997-2001) Sara Vann, Human Rights Without
Frontiers HRWF International
Secretariat (27.06.2002) - Website http://www.hrwf.net - E-mail info@hrwf.net - Due to the heavy case burden
placed on the European Court, friendly settlements between the parties prior to
the actual trial are encouraged and facilitated. Both prior to and following the
reorganization of the European Court in 1997, negotiations between willing
parties aimed at securing a friendly settlement would commence once a case was
declared admissible. If the parties reach
an agreement, they submit it to the Court for approval. The Court, having regard
to its responsibilities under Article 19 of the Convention, can decide to
proceed with consideration of the case if a reason of public policy appears to
necessitate such a course. However if the Court finds that the agreement
provides a satisfactory solution to the matter, within the meaning of Rule 49
para. 2 of Rules of Court A, then it strikes the case out of the list of pending
cases. 1997 Penditis
and Others v. Greece
. Freedom of Worship Application No.
23238/94 The three
applicants, all Jehovah.s Witnesses, rented under a private agreement a room in
a building for the use of Jehovah.s Witnesses in their worship. The public
prosecutor's office instituted criminal proceedings under section 1 of Law no.
1363/1938, accusing them of establishing a place of worship without
authorization from the recognized ecclesiastical authorities and the Minister of
Education and Religious Affairs. They were subsequently convicted for failure to
gain proper authorization. The applicants
appealed to the European Court of Human Rights, submitting that the obligation
to seek an authorization to establish a place of worship was contrary to Article
9 of the Convention. The European Commission declared the application admissible
and expressed the opinion that there had been a violation of Article 9 by a vote
of 27 votes to one. Thereinafter the Minister of Education and Religious Affairs
granted the authorization to open a place of
worship. The European Court
found that the agreement satisfied Article 9 of the Convention and constituted a
friendly settlement. Therefore, it unanimously decided to strike the case off
the list. Khristiansko
Sdruzhenie "Svideteli na Iehova" (Christian Association Jehovah's Witnesses)v.
Bulgaria
.Refusal by Bulgaria to register the Jehovah.s Witnesses Application No.
28626/95 The Christian
Association of Jehovah.s Witnesses registered as a religious organization in
1991 under the Persons and Family Act in Bulgaria. In 1994, Bulgaria amended the
Act to require religious associations to re-register subject to the consent of
the Council of Ministers. The applicant association applied to the Council of
Ministers for authorization to re-register. The Council of Ministers refused
authorization, providing no reasoning for its decision. Following that decision,
the meetings of Jehovah.s Witnesses were suppressed, their religious literature
seized, members were arrested for proselytizing, and foreign missionaries were
expelled from the country. The applicant
appealed to the European Court of Human Rights, submitting that the Council of
Ministers' decision had in effect officially prohibited the practice and
manifestation of the Jehovah's Witnesses' religion in Bulgaria in violation of
Article 9 of the Convention. After the Commission declared the application
admissible, the parties reached a settlement wherein Bulgaria agreed to register
Jehovah.s Witnesses as an official religion according to the amended 1994
Persons and Family Act. The European Court
found the solution reached by the parties satisfactory and unanimously decided
to strike the case off the list. 1999 Tsavachidis v.
Greece . Freedom of Worship Application No.
28802/95 In 1993, Mr.
Tsavachidis was indicted for opening a place of worship without the necessary
permission from the Minister of Education and Religious Affairs. He learned that
an anonymous report contained detailed information about the Jehovah.s Witnesses
activities and named Mr. Tsavachidis as their leader. While he was acquitted of
the criminal charges, Mr. Tsavachidis requested the public prosecutor to conduct
an inquiry in order to determine who had written the anonymous report. This
request was denied. Mr. Tsavachidis
appealed to the European Court of Human Rights submitting that the Greek
intelligence services kept him under surveillance on account of his religious
beliefs in violation of Articles 8, 9, and 11 of the Convention. The Commission
expressed the opinion that that there had been a violation of Article 8.
Following this opinion, the Greek government agreed to pay Mr. Tsavachidis
damages and promised that Jehovah.s Witnesses would never again be subject to
similar surveillance in the future. The European Court
of Human Rights found the agreement between the parties to be satisfactory and
decided that the case should be struck out of the
list. 2001 Stefanov
v. Bulgaria
. Conscientious Objection Application No.
32428/96 In 1995, Mr.
Stefanov, a member of the Jehovah.s Witness faith, refused military service on
account of his religious beliefs. Accordingly, a local District Court convicted
and sentenced him to one and a half years. imprisonment. At the time of his
conviction, Bulgaria.s Military Service Act had no specific provision for
substitute civilian service despite the fact that it had a constitutional
provision permitting such substitute service. In 1999, the government began to
enforce a provision for substitute civilian service but failed to grant amnesty
for those convicted prior to January 1, 1999. Mr. Stefanov applied
to the European Court, submitting that his conviction violated his right to
freedom of religion and conscience according to Article 9 of the Convention.
Following the Commission.s declaration of admissibility, the parties agreed that
Bulgarian citizens who, from 1991 onward, refused military service but were
willing to perform alternative civilian service would be given a total amnesty.
The European Court
found the agreement reached between the parties satisfactory as it was based on
respect for human rights and therefore struck the case out of the
list. |
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