Facts
The Church of Scientology of Moscow describes itself as a religious association and was officially registered as such in January 1994. On 1 October 1997, a new ''Law on Freedom of Conscience and Religious Associations (Religion Law)'' entered into force, requiring all religious associations previously granted the status of a legal entity to bring their articles of association into conformity with the Religion Law and to re-apply for registration with the competent Justice Department before 31 December 2000. Failure to obtain "re-registration" before the expiration of that time limit exposed the Church to the threat of dissolution by judicial decision. The Church of Scientology of Moscow subsequently applied eleven times for re-registration to the Moscow Justice Department between August 1998 and May 2005. Each application was rejected. The first two applications were refused on the grounds that the Church had violated unspecified laws. The third to fifth applications were refused on the grounds that the Church had failed to submit unspecified documents. The sixth to tenth applications were refused on the grounds that the Church had failed to comply with the time limit for re-registration, although the Constitutional Court had already held that this reason was not valid. Finally, the eleventh application was refused on the ground that the Church had failed to prove its existence in Moscow for at least 15 years, although the Constitutional Court had already held that this reason was not valid. The refusal to re-register the Moscow Church under the Religion Law placed its status as a legal entity in jeopardy. The consequences of non-registration as a religious organization within the meaning of the Law were extreme for the Church and its members. As a result of the arbitrary refusal to re-register, the rights of the Church and its parishioners essential to the conduct of their religious activities on anything but the most primitive level were seriously jeopardized, including the ability to own and operate educational institutions including theological schools, to own and maintain religious buildings, to conduct charitable activities, the right to acquire, import and distribute religious literature and the right to invite foreign citizens to preach and conduct religious services. As a result of a complaint filed by the Church, the Nikulinskiy District Court of Moscow found, on 8 December 2000, that the Justice’s Department refusal to re-register the Church was unlawful. It concluded that the Justice Department had, in essence, used subterfuge to avoid re-registration of the Church and pointed out that an association with no status as a legal entity was, in particular, prevented from renting premises for religious ceremonies and worship, receiving and disseminating religious literature or holding a bank account. It also held that that refusal had been inconsistent with international standards of law. That decision became binding and enforceable on 19 December 2000. However, the Justice Department refused to comply with it and, in March 2001, it was quashed by way of supervisory review by the government. Subsequently, theJudgment
In its decision overturning the refusal by Russian authorities to re-register the Church, the Human Rights Court determined that the Church of Scientology of Moscow was a "religious community" entitled to the rights afforded such communities by ECHR Article 9, which protects the right to freedom of religion or belief. The Court held that where the organization of a religious community is at issue, "a refusal to recognize it" not only constitutes interference with its right to freedom of association protected by ECHR Article 11. It also constitutes interference with the applicants' right to freedom of religion under Article 9 of the Convention. The Court noted that "the believers' right to freedom of religion encompasses the expectation that the community will be allowed to function peacefully, free from arbitrary State intervention". Therefore, the Court determined that the failure to recognize the Church of Scientology through rejection of registration offended these fundamental religious freedom and association rights.Significance
This expansive approach is consistent with the Court’s application of a fundamental human rights policy of the Council of Europe to religious freedom issues – "the need to secure true religious pluralism, an inherent feature of the notion of a democratic society". Similarly, the Court has emphasized the importance of "pluralism, tolerance and broadmindedness, without which there is no democratic society". As the Court has stressed, The Court then dismissed the government's claims that the refusal to register the Moscow Church of Scientology did not constitute a violation of the Church's fundamental human rights as it was not dissolved and could continue to operate. Instead, the Court applied its findings in ''Moscow Branch of The Salvation Army v. Russia'' case to find that the Moscow Church of Scientology was being prevented from exercising its full range of religious activities. Likewise, the Court found that the government's actions constituted an interference with the Church of Scientology's rights to freedom of association and religion. The Court then concluded by stating that This is not the first time that the Strasbourg organs have ruled in favor of Scientology. The Church of Scientology has previously been before the European Commission on Human Rights in a case that decided that a Church could represent its members to assert their religious rights under Article 9 (see ''X and Church of Scientology v. Sweden'' 16 DR 109 com HR 1979. The Commission concluded that the Church of Scientology, as "a Church body is capable of possessing and exercising the rights contained in Article 9(1) in its own capacity as a representative of its members." Moreover, on 9 June 2005, the European Court of Human Rights (First Section) issued an important admissibility decision concerning issues relating to the registration of two Scientology Churches as a religious organization under Russian national law. In that case, ''Kimlya, Aidar Sultanov and Church of Scientology of Nizhnekamsk vs Russia'' (Application nos. 76836/01 and 32782/03), the Court considered separate applications regarding the refusal of Russian authorities to register Scientology Churches as religious organizations filed by founding members of two Churches of Scientology, the Church of Scientology of Surgut City in the Khanty-Mansi Autonomous Region of the Russian Federation, and the Church of Scientology ofSee also
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