CCPR/C/139/D/2925/2017
guarantees the freedom to practise any religion or to practise no religion at all”. The court
noted that the Elista organization was repeatedly engaged in mass distribution of literature
that it knew had been declared extremist and banned in the Russian Federation. The court
found that this evidence proved the organization’s involvement in intentional extremist
activity and an attempt to conceal this activity, which was not stopped after the appropriate
correctional measures were taken. This meant that the correctional measures were ineffective,
and it was necessary to take extreme measures, such as dissolution of the religious
organization.
6.3
The State party disagrees with the authors’ claim that the definition of “extremist
activity” in the legislation is vague. It refers to the jurisprudence of the European Court of
Human Rights, which stated that:
As a consequence of the principle that laws must be of general application,
the wording of statutes is not always precise ... many laws are inevitably
couched in terms which, to a greater or lesser extent are vague, and their
interpretation and application depend on practice. Consequently, in any
system of law, however clearly drafted a legal provision may be, including a
criminal law provision, there is an inevitable element of judicial
interpretation.9
6.4
In addition, the Supreme Court of Kalmykia found that the Elista local religious
organization was composed of 10 members who held general religious events only three
times a year. The rest of the time, regular religious services and other religious and
educational events were held by the religious group of Jehovah’s Witnesses of the city of
Elista, which carried out its activity independently. In the opinion of the trial court, the
decision to dissolve the organization did not violate the right of each of the members of the
organization to engage independently in religious worship that is not connected with the
distribution of extremist literature or other actions that violate the rights and freedoms of
others.
6.5
Article 282 of the Criminal Code imposes criminal liability not for professing one’s
faith, but for organizing the activity of a public or religious association or other organization
that has been dissolved by an enforceable court decision for engaging in extremist activity.
In the present case, there is nothing to prevent former members of the Elista local religious
organization from creating a new organization whose activity would conform to the relevant
legislation. Furthermore, according to article 7 of the Federal Act on Freedom of Conscience
and Religious Associations, citizens can exercise their right to freedom of religion within the
framework of a religious group, which is a voluntary association of citizens created for the
purpose of joint practice and dissemination of faith that carries out its activities without State
registration and without becoming a legal entity. The Act specifies that religious groups shall
have the right to conduct religious services and other religious rites and ceremonies, and to
provide religious education and instruction for their followers.
6.6
The State party refers to article 20 (2) of the Covenant, according to which any
advocacy of national, racial or religious hatred that constitutes incitement to discrimination,
hostility or violence shall be prohibited by law. Both the dissolution of the Elista local
religious organization for mass distribution of extremist literature and storage of extremist
literature for such distribution, which was established by the trial court and the appeal court,
and the possible prosecution of the authors under article 282 of the Criminal Code for
organizing the activity of an extremist organization, are carried out by the Russian Federation
in accordance with its international legal obligations set out in the Covenant. Therefore, the
possible criminal prosecution of the authors under article 282 of the Criminal Code must not
be seen as disproportionate interference with their rights.
6.7
Regarding the alleged violation of article 22 of the Covenant, the State party submits
that the dissolution of the religious organization was prescribed by law. It refers to the text
of the Civil Code, the Federal Act on Freedom of Conscience and Religious Associations and
the Federal Act on Combating Extremist Activity. The dissolution pursued the legitimate aim
9
6
European Court of Human Rights, Kasymakhunov and Saybatalov v. Russia, Applications
Nos. 26261/06 and 26377/06, Judgment, 14 March 2013, para. 78.
GE.24-00304