European Court Finally Gets One Right
On October 5th, the European Court of Human Rights ruled unanimously in our favor in the case of The Moscow Branch of the Salvation Army v. Russia. We have been litigating this case through our European and Russian affiliates over the last six years. The Salvation Army officially worked in Russia from 1913 to 1923. It was dissolved by the Russian Government in 1923 as an "anti-Soviet organization." In 1992 the Salvation Army resumed its activities when a group of Russian nationals held a meeting and adopted Articles of Association for the Salvation Army. On September 7, 1999, the Moscow Courts refused to recognize the Salvation Army. This was despite the fact that two years earlier a new Law on Freedom of Conscience and Religious Association was put into force.
In an incredible lack of judgment, the Salvation Army was denied recognition by the Russian Government and forced to liquidate its assets because of the use of the word "army" in their name as well as their corporate structure. In fact, the Government wrote that the Salvation Army's Book of Order and Regulations "leads one to conclude that the charter assumes that the members of the organization will inevitably break Russian law in the process of executing the Salvation Army's Orders and Regulations." And what are those orders and regulations: feeding the poor, meeting the needs of the homeless in Russia and providing shelter for those in need. We litigated this case through the Russian system and we were rebuffed each and every time we brought our cause of action.
Once we completed our attempts at domestic remedies within Russia, we turned our attention to the European Court of Human Rights. Our European Centre for Law and Justice in conjunction with our Slavic Law Center petitioned the European Court of Human Rights for review. This is much like asking the Supreme Court of the United States to hear a case. The decision when to hear a case is completely discretionary with the Court. Two years ago we were notified that the Court had accepted our case for review. We alleged that the actions of the Russian Government particularly the allegation that the Salvation Army would overthrow Russian law and policy violated Articles 9 and 11 of the European Convention of Human Rights. Article 9 states that "Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching practice and observance." Article 11 provides that "Everyone has the right to freedom of peaceful assembly and to freedom of association with others." We argued that the actions of the Government violated the European Charter of Human Rights. The Salvation Army was actually facing liquidation of its assets in addition to being told it could not operate in Russia because of the twisted interpretation of the Russian Courts.
On October 5th the European Court of Human Rights in a unanimous and sweeping opinion ruled in our favor. That Court held for the first time that looking at both Article 9 and 11, that religious freedom and association must be considered together. The Court noted that "freedom of thought, conscience or religion is one of the foundations of a democratic society within the meaning of the convention. It is, in its religious dimension one of the most vital elements that go to make up the identity of believers and their conception of life" The Court went on to hold that "while this freedom is primarily a matter of individual conscious, it also implies freedom to manifest ones religion alone and in private or in community with others." The Courts decision brought protection to religious freedom in Europe. This is the most significant victory in the European Courts for religious beliefs and practices. It also allows the Salvation Army to do its job.
Finally, the European Court of Human Rights got one right.