CCPR/C/139/D/2925/2017
and its interpretation by the domestic courts provided a valid legal basis for the restriction
under article 18 (3) of the Covenant. The Committee also finds that the general reference to
protecting the rights of others and the State, relied upon by the State party (para. 6.7 above)
without explaining how these rights were affected, does not meet the requirements of article
18 (3) of the Covenant.
9.5
The Committee notes Mr. Yurlov’s argument that, since the Elista local religious
organization was dissolved, he has been denied by the State party an entire range of rights
enjoyed by members of registered religious organizations (para. 3.5 above). It also notes the
State party’s argument that Mr. Yurlov could be part of a Jehovah’s Witnesses religious
group (para. 6.5 above). At the same time, the Committee notes that a religious group, as
defined in the State party’s legislation, is a voluntary association of fellow believers without
the status of a legal entity. According to Mr. Yurlov, the status of a registered organization
provides the entire range of rights to the religious community, such as the right to own and
rent property, to maintain bank accounts, to ensure judicial protection of the community, to
establish places of worship, to hold religious services in places accessible to the public and
to produce, obtain and distribute religious literature. The Committee notes that the practices
it listed as integral to the freedom to manifest religion or belief in paragraph 4 of its general
comment No. 22 (1993) include building places of worship and preparing and distributing
religious texts or publications. It seems that under the legislation of the State party, a religious
group does not have any of those rights. The Committee therefore concludes that the
dissolution of Mr. Yurlov’s religious organization deprived him of a number of rights
essential for the free manifestation of his religion.
9.6
In the light of the above considerations, the Committee finds that the State party has
violated Mr. Yurlov’s rights under article 18 (1) of the Covenant.
9.7
The Committee notes Mr. Yurlov’s claims that his rights under article 22 (1) were
violated when the Elista local religious organization was dissolved. It also notes the State
party’s observations that the limitation imposed on the organization and, consequently, Mr.
Yurlov’s rights was prescribed by law, pursued the legitimate aim of protecting the rights
and freedoms of others and the fundamentals of the constitutional system of the State and
was proportionate to the legitimate aim pursued (para. 6.7 above). The Committee also notes
the State party’s assertion that Mr. Yurlov can practise religion in association with others
within a religious group, which can operate without registration or the status of a legal entity.
9.8
Pursuant to article 22 (2) of the Covenant, any restriction on the right to freedom of
association must meet the following conditions: (a) it must be prescribed by law; (b) it must
be imposed only for one of the purposes set out in article 22 (2); and (c) it must be “necessary
in a democratic society” for achieving one of those purposes. The reference to “a democratic
society” in the context of article 22 indicates, in the Committee’s opinion, that the existence
of operational associations, including those that peacefully promote ideas that are not
necessarily favourably viewed by the Government or the majority of the population, is the
cornerstone of any society. 16 The Committee reiterates its findings that both the legal
provisions on which the dissolution of the Elista local religious organization was based and
their interpretation and application by the domestic authorities and courts did not provide a
valid legal basis for the restriction and did not meet the criteria contained in article 22 (2) of
the Covenant (para. 9.4 above). The Committee notes that the aims invoked by the State party
as the basis for the dissolution of the Elista organization, such as protecting the rights of
others and the constitutional system and ensuring the integrity and security of the State (para
6.7 above), correspond to those set out in article 22 (2) of the Covenant. However, the State
party failed to specify how the storage and distribution of a few copies of banned publications
endangered the rights of others and the security of the State. The State party did not invoke
any concrete argument to justify the application of such an extreme measure as the dissolution
of the organization.
9.9
With regard to the State party’s argument that the members of the local religious
organization could continue meeting as a religious group, without the status of a registered
16
GE.24-00304
Adyrkhayev, Solikhov and the Religious Association of Jehovah's Witnesses in Dushanbe v.
Tajikistan, para. 9.8.
11