Volltextveröffentlichung

• Europäischer Gerichtshof für Menschenrechte

  CHRISTIAN RELIGIOUS ORGANIZATION OF JEHOVAH'S WITNESSES IN THE NKR v. ARMENIA

  Violation of Article 9 - Freedom of thought, conscience and religion (Article 9-1 - Freedom of religion) read in the light of Article 11 - (Art. 11) Freedom of assembly and association (Article 11-1 - Freedom of association) (englisch)

Sonstiges

• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  CHRISTIAN RELIGIOUS ORGANIZATION OF JEHOVAH'S WITNESSES IN THE NKR v. ARMENIA

  Art. 9, Art. 9 Abs. 1, Art. 11, Art. 11 Abs. 1 MRK
  [ENG]

Wird zitiert von ...Neu Zitiert selbst (13)

• EGMR, 20.07.2021 - 12999/15

  AVANESYAN v. ARMENIA

  Auszug aus EGMR, 22.03.2022 - 41817/10

  The Court notes that it has recently examined in another case the issue of Armenia's jurisdiction over the territory in question, including similar arguments on the matter, and found that, at the relevant time (that is, prior to the latest hostilities between Armenia and Azerbaijan which ended on 10 November 2020), Armenia had jurisdiction over the matters complained of, namely the detention and conviction of a Jehovah's Witness for conscientious objection in the "NKR" (see, in particular, Avanesyan v. Armenia, no. 12999/15, §§ 31-38, 20 July 2021, with further references).

  In this context, the consequences of the trilateral declaration signed on 10 November 2020 are envisaged in a detailed analysis in my concurring opinion appended to the judgment in Avanesyan v. Armenia (no. 12999/15, 20 July 2021).

• EGMR, 05.04.2007 - 18147/02

  CHURCH OF SCIENTOLOGY MOSCOW v. RUSSIA

  Auszug aus EGMR, 22.03.2022 - 41817/10

  It is not necessary to additionally do so with reference to Article 14 of the Convention (see Metropolitan Church of Bessarabia and Others, § 134; Jehovah's Witnesses of Moscow and Others, § 188, both cited above; and Church of Scientology Moscow v. Russia, no. 18147/02, § 101, 5 April 2007).
• EGMR, 24.11.2016 - 11275/07

  MURADYAN v. ARMENIA

  Auszug aus EGMR, 22.03.2022 - 41817/10

  Relying on the Court's judgments in the cases of Chiragov and Others v. Armenia ([GC], no. 13216/05, §§ 169-86, ECHR 2015), Muradyan v. Armenia (no. 11275/07, §§ 126, 24 November 2016) and Zalyan and Others v. Armenia (nos. 36894/04 and 3521/07, §§ 214-15, 17 March 2016), the applicant argued that the Government's submissions regarding Armenia's lack of responsibility under the Convention for the actions of the "NKR" authorities were in contradiction with the Court's case-law in the matter.

 
• EGMR, 16.11.2017 - 3532/07

  ORTHODOX OHRID ARCHDIOCESE v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"

  Auszug aus EGMR, 22.03.2022 - 41817/10

  The Court reiterates that a refusal by the domestic authorities to grant legal-entity status to an association, religious or otherwise, of individuals amounts to an interference with the exercise of the right to freedom of association (see "Orthodox Ohrid Archdiocese (Greek-Orthodox Ohrid Archdiocese of the Pec Patriarchy)" v. the former Yugoslav Republic of Macedonia, no. 3532/07, § 78, 16 November 2017).
• EGMR, 26.04.2016 - 62649/10

  Türkei verurteilt - Aleviten diskriminiert

  Auszug aus EGMR, 22.03.2022 - 41817/10

  Furthermore, in accordance with the principle of autonomy for religious communities which is established in its case-law - and which is the corollary to the State's duty of neutrality and impartiality - only the highest spiritual authorities of a religious community, and not the State (or even the national courts), may determine to which faith that community belongs (see Izzettin Dogan and Others v. Turkey [GC], no. 62649/10, § 121, 26 April 2016).
• EGMR, 25.05.1993 - 14307/88

  KOKKINAKIS c. GRÈCE

  Auszug aus EGMR, 22.03.2022 - 41817/10

  The Court reiterates that, while religious freedom is primarily a matter of individual conscience, it also implies, inter alia, freedom to "manifest [one's] religion", including the right to try to convince one's neighbour, for example through "teaching" (see Kokkinakis v. Greece, 25 May 1993, § 31, Series A no. 260-A).
• EGMR, 17.03.2016 - 36894/04

  ZALYAN AND OTHERS v. ARMENIA

  Auszug aus EGMR, 22.03.2022 - 41817/10

  Relying on the Court's judgments in the cases of Chiragov and Others v. Armenia ([GC], no. 13216/05, §§ 169-86, ECHR 2015), Muradyan v. Armenia (no. 11275/07, §§ 126, 24 November 2016) and Zalyan and Others v. Armenia (nos. 36894/04 and 3521/07, §§ 214-15, 17 March 2016), the applicant argued that the Government's submissions regarding Armenia's lack of responsibility under the Convention for the actions of the "NKR" authorities were in contradiction with the Court's case-law in the matter.
• EGMR, 13.12.2001 - 45701/99

  METROPOLITAN CHURCH OF BESSARABIA AND OTHERS v. MOLDOVA

  Auszug aus EGMR, 22.03.2022 - 41817/10

  Where the organisation of a religious community is in issue, a refusal to recognise it as a legal entity has been found to constitute an interference with the right to freedom of religion under Article 9 of the Convention (see Metropolitan Church of Bessarabia and Others v. Moldova, no. 45701/99, § 105, ECHR 2001-XII, concerning the denial of legal recognition where domestic law made the exercise of the right to freedom of religion subject to prior authorisation, and Religionsgemeinschaft der Zeugen Jehovas and Others, cited above, § 62, concerning the protracted refusal to recognise the legal personality of a religious community).
• EGMR, 31.07.2008 - 40825/98

  RELIGIONSGEMEINSCHAFT DER ZEUGEN JEHOVAS AND OTHERS v. AUSTRIA

  Auszug aus EGMR, 22.03.2022 - 41817/10

  The Court considers that the complaint falls to be examined under Article 9 read in the light of Article 11 of the Convention (see, among other authorities, Religionsgemeinschaft der Zeugen Jehovas and Others v. Austria, no. 40825/98, § 61, 31 July 2008, and Metodiev and Others v. Bulgaria, no. 58088/08, § 26, 15 June 2017).
• RG, 29.09.1906 - V 22/06

  Öffentliche Flüsse

  Auszug aus EGMR, 22.03.2022 - 41817/10

  22/06/2022.
• EGMR, 10.06.2010 - 302/02

  JEHOVAH'S WITNESSES OF MOSCOW AND OTHERS v. RUSSIA
• EGMR, 14.06.2007 - 77703/01

  SVYATO-MYKHAYLIVSKA PARAFIYA v. UKRAINE
• EGMR, 15.06.2017 - 58088/08

  METODIEV ET AUTRES c. BULGARIE

• EGMR, 06.02.2024 - 43082/14

  HAMZAYAN v. ARMENIA

  The Court notes that it has recently examined in another case the issue of Armenia's jurisdiction over the territory in question, including with regard to the decisions of the "NKR" authorities, and found that, at the relevant time (that is, prior to the changes in the situation on the ground as a result of the Nagorno-Karabakh war, which ended on 10 November 2020 with Azerbaijan capturing all the surrounding territories and part of the "NKR" proper and with the deployment of Russian peacekeepers in the area for at least five years (see Nana Muradyan v. Armenia, no. 69517/11, § 91, 5 April 2022) and a further change in the situation on the ground in September 2023 as a consequence of the nine-month long blockade of Nagorno-Karabakh, the subsequent actions of Azerbaijan and the exodus of the Armenian population of Nagorno-Karabakh), Armenia had jurisdiction over the matters complained of, namely, in that case, the refusal of requests by the Christian Religious Organisation of Jehovah's Witnesses to be registered as a religious organisation in the "NKR" (see, in particular, Christian Religious Organization of Jehovah's Witnesses in the NKR v. Armenia, no. 41817/10, §§ 48 and 49, 22 March 2022; see also Avanesyan v. Armenia, no. 12999/15, §§ 31-38, 20 July 2021, with further references, concerning the detention and conviction of a Jehovah's Witness for conscientious objection in the "NKR").