CCPR/C/139/D/2925/2017
to freedom of religion and freedom of expression had been subjected to limitations. The
appeal was rejected on 7 July 2016. The Supreme Court re-examined the evidence in the case
and rejected the authors’ arguments that the books had been planted by the police. It
considered that there had indeed been mass distribution, since many people had access to the
meetings of the Organization at which they could read and access the literature; and that the
sanction imposed by the lower court was just and lawful. The organization’s request to the
Presidium of the Supreme Court for supervisory review was rejected by a judge of the
Supreme Court on 27 December 2016.
Complaint
3.1
The authors maintain that, in the wake of the dissolution of the Elista local religious
organization, they are exposed to the threat of administrative punishment and criminal
prosecution if they decide to hold a religious service.1 They claim that the decision to declare
their organization extremist is in itself degrading treatment. The authors have been subjected
to obvious public humiliation, shame, indignity and anguish by the judicial decisions, which
have equated their religious beliefs with criminal activity and criminal organizations. On that
basis, they claim that the State party has violated their rights under article 7 of the Covenant.
3.2
The authors maintain that their rights under articles 18 (1) and (3) and 22 (1) and (2)
were violated by the dissolution of their religious organization, which, they claim, was not
gounded in law. They refer to the Committee’s concluding observations on the seventh
periodic report of the Russian Federation and maintain that the definition of what constitutes
“extremism” in article 1 of the Federal Act No. 114-FZ of 25 July 2002 on Combating
Extremist Activity is so nebulous that it can be misapplied to all religious activities and all
religious speech, no matter how peaceful. 2 The authors dispute the claim that any of the
religious publications of Jehovah’s Witnesses are extremist. Those publications are
distributed by Jehovah’s Witnesses worldwide and do not contain calls to violence or
incitement to violence or religious hatred. The dissolution of the Elista organization did not
pursue a legitimate aim. Jehovah’s Witnesses in Elista did not distribute any copies of those
publications, since they had been taken out of public circulation following the 2009 decision
by Rostov Provincial Court. Instead, the State party pursued the illegitimate aim of trying to
suppress the peaceful religious activity of Jehovah’s Witnesses in Elista. The authors
maintain that the State party has not advanced any argument as to why it is necessary for the
purposes of article 18 (3) of the Covenant to dissolve the organization as an “extremist
organization”. They claim that the decision of the Supreme Court was not justified by
relevant and sufficient reasons and that it was grossly disproportionate.
3.3
The authors claim a violation of their rights under article 26 since they are treated
differently from followers of the Russian Orthodox Church, without “reasonable and
objective grounds” for that difference in treatment. The Russian Orthodox Church is not
subjected to the indignity and humiliation of having one of its religious organizations
declared “extremist” (an expression equated with criminal activity) simply because their
religious publications contain commentary on religious subjects which some people might
consider to be negative or critical. Furthermore, the authors were treated as if they were
members of a criminal organization, although their actions and publications are entirely
peaceful.
3.4
The authors also claim a violation of their rights under article 27 of the Covenant
because Jehovah’s Witnesses are a religious minority in the Russian Federation. The
decisions by the domestic courts declaring some of their religious publications to be extremist
interfere with the rights of the members of this minority to profess and practise their own
religion. Moreover, they are now exposed to a serious risk of criminal and administrative
punishment for using those publications in worship as individuals and in community with
their fellow believers.
1
2
GE.24-00304
The authors refer to the conviction of 16 Jehovah’s Witnesses in Taganrog for holding religious
services after the Taganrog local religious organization was declared an extremist organization by
Rostov Provincial Court on 11 September 2009.
CCPR/C/RUS/CO/7, para. 20.
3