A/HRC/34/53/Add.2
47.
Representatives of Falun Dafa expressed deep concern over the situation of their
organization. They reported that in 2014 a court ruling declared the Falun symbol (a
swastika) in their textbooks as “extremist” under the Law on Combating Extremist
Activities, resulting in the organization being dissolved. The Supreme Court of Justice
upheld that decision. In 2015, the Constitutional Court declared unconstitutional the
provision in the Law on Anti-Extremism that had led to the organization’s dissolution (thus
rendering the dissolution groundless) and, at the time of writing, the case was still pending
before the Supreme Court of Justice for revision. 16
48.
Representatives of the Unification Church reported the case of two of its leaders
who had been arrested on human trafficking charges and held in pretrial detention since
October 2015. According to the representatives, the charges had been brought by
dissatisfied members of the Church who were seeking to take over the leadership of the
organization. It was noted that the Unification Church was registered as a religious
organization in 2008 and that until 2015 had conducted its activities without major
problems, with the exception of periodic denigrating articles in the media. It was further
stated that the arrest of the two leaders had been used by some journalists to spread
erroneous information and attacks against the Unification Church. A 2016 report by the
organizations Human Rights Without Frontiers and the Forum for Religious FreedomEurope on the case had concluded that the changes against the leaders were groundless. 17
49.
Representatives of the Catholic Church referred to a pending case filed against the
Government with respect to the Church’s properties that had been expropriated when the
country was part of the Soviet Union, and stated there had been a lack of political will to
find a solution.
50.
Representatives of the Metropolitan Church of Bessarabia informed the Special
Rapporteur about the difficult and lengthy process they had undergone in order to be
registered as a religious organization, including filing a case against the Moldovan State to
the European Court of Human Rights, given the repeated refusal by the Moldovan
authorities to register the Church. In its 2001 ruling, the Grand Chamber of the Court 18
found a violation by the State of the right to freedom of religion of the Metropolitan Church
of Bessarabia, which paved the way to the registration of the Church.
51.
Concerns voiced by the representatives of the Metropolitan Church of Bessarabia
included the Government decision No. 740 of 2002 with respect to the administration of
religious buildings considered architectural monuments. It was noted that under the
decision, 650 churches belonging to the Metropolitan Church of Bessarabia were
transferred to the Moldovan Orthodox Church. The representatives also highlighted their
concern that the Church archives were considered State property and that they had not been
able to recover nationalized property belonging to the Church. They recommended the
adoption of a law to regulate restitution of property, in line with the recommendation made
by the Special Rapporteur on freedom of religion or belief. 19
16
17
18
19
12
See also the submission by the Human Rights Resource Group for the 2016 universal periodic review
of the Republic of Moldova, available from
www.soros.md/files/publications/documents/UPR_Human%20Rights_2016.pdf.
See https://forefeurope.files.wordpress.com/2016/03/2016-hrwf-foref-report-religiousfreedom_moldova-in-the-dock.pdf.
See Metropolitan Church of Bessarabia and Others v. Moldova, European Court of Human Rights
application No. 45701/99, 13 December 2001, available from
http://hudoc.echr.coe.int/eng#{“itemid”:[“001-59985”]}.
See A/HRC/19/60, paras. 63 and 76.