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legal entity, the Committee notes that, while the State party does not tie religious practice to
registration, the rights of an unregistered religious group are limited (para. 9.5 above).
Moreover, whether to practise one’s religion as a group or to register a religious organization
should be a decision that rests with the individual. In view of its finding that the dissolution
of the Elista local religious organization was not proportionate to the aims pursued (paras.
9.4 and 9.7 above), the Committee finds that the State party violated Mr. Yurlov’s right to
freedom of association under article 22 (1) of the Covenant.
9.10 Having concluded that, in the present case, there has been a violation of articles 18 (1)
and 22 (1) of the Covenant, the Committee considers that it has addressed the claims
underlying Mr. Yurlov’s complaints under articles 26 and 27 and decides not to examine
them separately.
10.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that
the facts before it disclose a violation by the State party of articles 18 (1) and 22 (1) of the
Covenant.
11.
Pursuant to article 2 (3) (a) of the Covenant, the State party is under an obligation to
provide Mr. Yurlov with an effective remedy. This requires it to make full reparation to
individuals whose Covenant rights have been violated. Accordingly, the State party is
obligated: (a) to reopen the domestic proceedings and review the decision of the Supreme
Court of Kalmykia 25 February 2016 ordering the dissolution of the Elista local religious
organization and the confiscation of its property, in accordance with articles 18 and 22 of the
Covenant; and (b) to provide Mr. Yurlov with adequate compensation, including
reimbursement of the court fees and legal expenses he has incurred. The State party is also
under an obligation to take all steps necessary to prevent similar violations from occurring in
the future.
12.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has
undertaken to ensure to all individuals within its territory and subject to its jurisdiction the
rights recognized in the Covenant and to provide an effective and enforceable remedy when
it has been determined that a violation has occurred, the Committee wishes to receive from
the State party, within 180 days, information about the measures taken to give effect to the
Committee’s Views. The State party is also requested to publish the present Views and to
have them widely disseminated in the official language of the State party.
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