Showing posts with label Russia. Show all posts
Showing posts with label Russia. Show all posts

Monday, July 31, 2023

New Ukrainian Law Moves Christmas To EDec. 25, Rejecting Russian Orthodox Date

 AP reports that last Friday. Ukrainian President Volodymyr Zelenskyy signed a law that moves the date on which Ukraine will celebrate Christmas from January 7 (the date observed by the Russian Orthodox Church) to December 25. According to AP:

The explanatory note attached to the law said its goal is to “abandon the Russian heritage,” including that of “imposing the celebration of Christmas” on Jan. 7. It cited Ukrainians’ “relentless, successful struggle for their identity” and “the desire of all Ukrainians to live their lives with their own traditions, holidays,”....

The law also moves the dates for two other Ukrainian patriotic holidays.

Tuesday, March 21, 2023

USCIRF Holds Hearing on Russian Violation of Religious Freedom Through Its Invasion of Ukraine

Last Wednesday, the U.S. Commission on International Religious Freedom held a virtual hearing on Russia's Invasion of Ukraine: Implications for Religious Freedom. (Video of full Hearing and transcripts of written presentations.) USCIRF described the hearings:

Since Russian President Vladimir Putin launched the full-scale military invasion of Ukraine a year ago, Russian forces have committed numerous religious freedom and other related human rights violations in Ukraine, including the killing and torture of religious leaders and the destruction of countless houses of worship. Russian officials have repeatedly turned to antisemitic rhetoric and Holocaust distortion in an effort to justify the country’s groundless invasion. In the areas of Ukraine that Russia has occupied since 2014, its de facto authorities and proxies have imposed draconian laws to suppress religious communities such as the Orthodox Church of Ukraine, predominantly Muslim Crimean Tatars and Jehovah’s Witnesses. Meanwhile, in Russia, the state has continued to prosecute an ever-growing list of religious groups as so-called “extremists” for their peaceful religious activities and launched a ruthless campaign to silence civil society and independent media.

Thursday, March 09, 2023

European Court Says Russian Regulation of Proselytizing Violated Human Rights Convention

In Ossewaarde v. Russia, (ECHR, March 7, 2023), the European Court of Human Rights held that legal restrictions imposed by Russia in 2016 on religious proselytizing violated the rights of a Baptist pastor who was a U.S. national living in Russia.  The court found violations of Articles 9 (freedom religion) and 14 (prohibition of discrimination) of the European Convention on Human Rights.  The court said in part:

By requiring prior authorisation from a duly constituted religious association and excluding private homes from the list of places where the right to impart information about religion may be exercised, the new regulation has left no room for people in the applicant’s situation who were engaged in individual evangelism. The requirement of prior authorisation also eliminated the possibility of spontaneous religious discussion among members and non-members of one’s religion and burdened religious expression with restrictions greater than those applicable to other types of expression.

...  [S]o long as the new restrictions did not regulate the content of the religious expression or the manner of its delivery, they were not fit to protect society from “hate speech” or to shield vulnerable persons from improper methods of proselytism which ... could have been legitimate aims for the regulation of missionary activities.... [T]he Court finds that the need for such new restrictions, in respect of which the applicant was sanctioned for non-compliance, has not been convincingly established. Accordingly, the interference with the applicant’s right to freedom of religion on account of his missionary activities has not been shown to pursue any “pressing social need”....

While the application of the additional penalty of expulsion exclusively to non-nationals may be objectively justified by the fact that it cannot be applied to nationals, the Court finds no justification for the considerably higher minimum fines applicable to non‑nationals in respect of the same offence. The difference in treatment also appears hard to reconcile with the provisions of Russia’s Religions Act which posits that non-nationals lawfully present in Russia may exercise the right to freedom of religion on the same conditions as Russian nationals.

The court also issued a press release summarizing the decision.

Tuesday, January 31, 2023

European Court Says Russia Violated Rights of Same Sex Couples Who Were Denied Marriage Registration

In Fedotova and Others v. Russia, (ECHR, Jan. 17, 2023), the Grand Chamber of the European Court of Human Rights held that Russia violated the rights of three same-sex couples when it refused to permit them to marry. The court said in part:

 206.  The Government argued, firstly, that it was necessary to preserve the traditional institutions of marriage and the family, these being fundamental values of Russian society that were protected by the Constitution.... 

209.  Given that the Convention is a living instrument which must be interpreted in the light of present-day conditions, the State, in its choice of means designed to protect the family and secure respect for family life as required by Article 8, must necessarily take into account developments in society and changes in the perception of social and civil-status issues and relationships, including the fact that there is not just one way or one choice when it comes to leading one’s family or private life....

212.  In the present case, there is no basis for considering that affording legal recognition and protection to same-sex couples in a stable and committed relationship could in itself harm families constituted in the traditional way or compromise their future or integrity..... Indeed, the recognition of same-sex couples does not in any way prevent different-sex couples from marrying or founding a family corresponding to their conception of that term. More broadly, securing rights to same-sex couples does not in itself entail weakening the rights secured to other people or other couples. The Government have been unable to prove the contrary.

213.  Having regard to the foregoing, the Court considers that the protection of the traditional family cannot justify the absence of any form of legal recognition and protection for same-sex couples in the present case....

219.  ... [T]he allegedly negative, or even hostile, attitude on the part of the heterosexual majority in Russia cannot be set against the applicants’ interest in having their respective relationships adequately recognised and protected by law....

Law & Religion UK reports in greater detail on the decision.

Thursday, June 09, 2022

European Court Says Russia Violated Rights of Jehovah's Witnesses

In a 6-1 Chamber Judgment in Taganrog LRO and Others v. Russia, (ECHR, June 7, 2022), the European Court of Human Rights held that Russia's forced dissolution of Jehovah’s Witnesses religious organizations, banning of Jehovah's Witness religious literature and international website on charges of extremism, banning distribution of their religious magazines, criminal prosecution of individual Jehovah’s Witnesses, and confiscation of their property violate protections for freedom of religion, expression and assembly found in Articles 9, 10 and 11 of the European Convention on Human Rights, as well as other protections. The Court said in part:

152. The first ground for declaring the Taganrog LRO to be an “extremist” organisation was the charge that its texts stoked religious hatred by casting “traditional” Christian denominations in a negative light, undermining respect for their religious figures, urging people to leave those religions, and proclaiming the superiority of the religion of Jehovah’s Witnesses....

153.  The Court reiterates that preference for one’s own religion, the perception of it as unique and the only true one or as a “superior explanation of the universe” is a cornerstone of almost any religious system, as is the assessment of the other faiths as “false”, “wrong” or “not conducive to salvation”....  In the absence of expressions that seek to incite or justify violence or hatred based on religious intolerance, any religious entity or individual believers have the right to proclaim and defend their doctrine as the true and superior one and to engage in religious disputes and criticism seeking to prove the truth of one’s own and the falsity of others’ dogmas or beliefs....

154.  ... [I]n a pluralist and democratic society, those who exercise their right to freedom of religion ... cannot reasonably expect to be shielded from exposure to ideas that may offend, shock or disturb. They must tolerate and accept the denial by others of their religious beliefs and even the propagation by others of doctrines hostile to their faith.... Religious people may be genuinely offended by claims that others’ religion is superior to theirs. However, just because a remark may be perceived as offensive or insulting by particular individuals or groups does not mean that it constitutes “hate speech”....

The Court also issued a press release summarizing the lengthy opinion. 

Wednesday, May 25, 2022

Three Chabad Rabbis Are On Russia's List Of Those Banned From Travel To Russia

As reported by Axios, Russia last Saturday released a list of 963 Americans who are banned from traveling to Russia in retaliation for American sanctions against Russia for its invasion of Ukraine. JTA reports that included in the list are three rabbis who are leaders of Agudas Chassidei Chabad which has been attempting for years to force Russia to return to it in the U.S. two expropriated collections of valuable Jewish religious books and manuscripts:

Rabbi Avraham Shemtov, a founder of the Washington office of the movement, American Friends of Lubavitch (Chabad), that has led lobbying for U.S. pressure on Russia;

Rabbi Yehuda Krinsky, the umbrella group’s secretary, who heads the educational and social arms of Chabad-Lubavitch; and

Rabbi Shlomo Cunin, a West Coast leader of the movement who is prominent in the branch of the movement seeking the return of the texts.

It has been suggested recently that Chabad now has a better chance of getting at assets to satisfy fines imposed on Russia by an American court for Russia's refusal to return the books.

Sunday, May 22, 2022

NYT Details Russian Orthodox Patriarch's Important Support For Invasion Of Ukraine

The New York Times yesterday posted a long article detailing the crucial support given by Russian Orthodox Church leader Patriarch Kirill I to Vladimir Putin's actions in Ukraine, saying in part:

Patriarch Kirill I has provided spiritual cover for the invasion of Ukraine, reaping vast resources for his church in return. Now, in an extraordinary step, the E.U. is threatening him with sanctions....

Kirill has called Mr. Putin’s long tenure “a miracle of God,” and has characterized the war as a just defense against liberal conspiracies to infiltrate Ukraine with “gay parades.”...

Kirill has in recent years aspired to expand his church’s influence, pursuing an ideology consistent with Moscow being a “Third Rome,” ... in which Mr. Putin’s Russia would become the spiritual center of the true church after Rome and Constantinople.

It is a grand project that dovetails neatly with — and inspired — Mr. Putin’s mystically tinged imperialism of a “Russkiy Mir,” or a greater Russian world.

Wednesday, May 18, 2022

U.S. Sanctions On Russia May Lead To Chabad Recovering Assets In Suit Over Return Of Jewish Library Collection

As previously reported, in 2013 the D.C. federal district court held the Russian government and three of its agencies in civil contempt for not complying with a 2010 default judgement ordering it to return two expropriated collections of valuable Jewish religious books and manuscripts to Chasidei Chabad of United States.  Despite objections by the United States government, the court imposed civil sanctions of $50,000 per day until defendants comply with the court's order. Chabad ever since has been seeking Russian assets to satisfy the continually accruing civil sanctions. 

This week, JTA published an interesting analysis suggesting that Ukraine-related U.S. sanctions on Russia may set the stage for Chabad to recover assets:

By late 2021, two entities had emerged as Chabad’s primary targets: Russia’s main development bank, VEB, and Tenex, a subsidiary of a Russian state-run company called Rosatom that sells uranium to nuclear power plants in the United States.

The United States announced sanctions on VEB on Feb. 22 in the lead-up to Russia’s invasion of Ukraine, freezing the bank’s U.S. assets. Its determination that VEB is effectively state wealth has given [Steven] Lieberman [Chabad's attorney] confidence that Chabad can eventually convince the U.S. Treasury Department to turn over VEB assets....

If VEB’s U.S. assets are all tied up in sanctions, Tenex remains entirely unrestricted. That’s because when the Biden administration imposed sanctions on Russia’s energy industry on March 8, it exempted nuclear power, allowing the continued import of Russian uranium. 

“If we’re allowed to seize the assets of Tenex, Chabad will be the only religious organization in the world that has its own nuclear power supply,” Lieberman said, half-jokingly.

Monday, March 21, 2022

USCIRF Warns of Religious Oppression By Russians In Ukraine

Last week, the U.S. Commission on International Religious Freedom issued a press release warning that Russia will likely target religious communities across Ukraine with violence and oppression. The release reads in part:

The Russian government uses distortions of religious history to support its claim that Ukrainians have no independent ethno-religious identity or state tradition,” said USCIRF Commissioner James W. Carr. “In 2019, the Ecumenical Patriarch of Constantinople recognized an independent Orthodox Church of Ukraine, allowing many parishes previously under the jurisdiction of Moscow to sever those ties in a move that infuriated Russian nationalist sentiments. These parishes and their leadership are in jeopardy if Russian control expands.”...

“In the areas of Ukraine already occupied by Russia in 2014, we have seen the Russian government use baseless charges of religious extremism and terrorism to silence dissent, justify endless raids and mass arrests, and close religious institutions that do not conform to its narrow interpretation of ‘traditional’ religion,” said USCIRF Commissioner Khizr Khan. “Indigenous Crimean Tatar Muslims—who oppose the Russian occupation of their homeland—are routinely charged with terrorism based on their ethno-religious identity rather than any substantive evidence. Many of these individuals receive prison sentences of up to 20 years. 

Wednesday, March 09, 2022

Sanctions On Russian Financial Firm Leads Counsel To End Representation In Litigation Over Recovery Of Jewish Books From Russia

As previously reported, for nearly two decades Agudas Chasidei Chabad has been attempting to recover from the Russian government two expropriated collections of valuable Jewish religious books and manuscripts. In 2013, the D.C. federal district court held the Russian government and three of its agencies in civil contempt, and imposed sanctions of $50,000 per day, for not complying with a 2010 default judgement ordering it to return the materials.  Plaintiffs have been attempting to find Russian assets to satisfy the sanctions by issuing subpoenas to various entities. In Agudas Chasidei Chabad of United States v. Russia Federation, (DC Cir., Dec. 3, 2021), the D.C. Circuit Court of Appeals refused to quash subpoenas directed at several Russian entities, including State Development Corp VEB.RF. (Background).  At the same time that an appeal to the U.S. Supreme Court was being planned, Russia began aggressive moves toward Ukraine. This led the U.S. to impose sanctions on VEB.RF. (Department of Treasury Press Release, Feb. 22, 2022). Now, as reported by Reuters, VEB.RF's lawyers in the litigation with Chabad, the global firm of Freshfields Bruckhaus Deringer, announced on Monday that it is ending its representation of VEB.RF. On Monday, the law firm filed a Motion (full text) with the D.C. Circuit seeking a stay of proceedings until VEB has obtained substitute counsel.

Wednesday, February 23, 2022

Putin's Grievances Include Split In Ukraine's Orthodox Churches

As the world's attention is focused on Russia's claims on Ukraine, there has been less reporting on the tensions between Russian and Ukrainian branches of the Orthodox Church.  This AP background article by Prof. J. Eugene Clay points out:

Two different Orthodox churches claim to be the one true Ukrainian Orthodox Church for the Ukrainian people... The older and larger church is the Ukrainian Orthodox Church – Moscow Patriarchate.... A branch of the Russian Orthodox Church, it is under the spiritual authority of Patriarch Kirill of Moscow.....

By contrast, the second, newer church, the Orthodox Church of Ukraine, celebrates its independence from Moscow.... In January 2019, [Constantinople] Patriarch Bartholomew formally recognized the Orthodox Church of Ukraine as a separate, independent and equal member of the worldwide communion of Orthodox churches.

Vladimir Putin's widely reported Feb. 21 speech on the Ukraine (full text) included Russian grievances as to this religious split. Putin said in part:

Kiev continues to prepare the destruction of the Ukrainian Orthodox Church of the Moscow Patriarchate. This is not an emotional judgement; proof of this can be found in concrete decisions and documents. The Ukrainian authorities have cynically turned the tragedy of the schism into an instrument of state policy. The current authorities do not react to the Ukrainian people’s appeals to abolish the laws that are infringing on believers’ rights. Moreover, new draft laws directed against the clergy and millions of parishioners of the Ukrainian Orthodox Church of the Moscow Patriarchate have been registered in the Verkhovna Rada.

Wednesday, November 24, 2021

European Court Says Russia Violated Rights of Krishna Movement, Vaishnavism and Unification Church

As reported by Courthouse News Service, yesterday in Chamber Judgments, Russia lost two separate freedom of religion cases in the European Court of Human Rights.

In Centre of Societies for Krishna Consciousness In Russia and Frolov v. Russia(ECHR, Nov. 23, 2021), the court held that a hostile description of the Krishna movement in government brochure titled “Watch out for cults!” violated petitioner's rights:

The Court considers that, even where the measures taken by the Government did not actually restrict the applicants’ freedom to manifest their beliefs through worship and practice, the hostile terms which the State authorities used to describe their movement may have had negative consequences for them and constitute an interference with their rights under Article 9 § 1 of the Convention.

The court also held that the rights of freedom of religion and assembly were violated when the District government refused permission for a meeting to promote the teaching of Vaishnavism.

In Corley and Others v. Russia, (ECHR, Nov. 23, 2021), the court held that the enforced departures of two religious workers were designed to prevent the spread of the Unification Church's teachings in Russia, in violation of various provisions of the European Convention on Human Rights.

Monday, September 27, 2021

Russia Labels Church of Scientology As "Undesirable" Organization

As reported by the Moscow Times, last Friday the General Prosecutor's Office of the Russian Federation designated the Church of Scientology as non-governmental organizations that are "undesirable" in the territory of the Russian Federation. (Press Release in Russian). The designation applies to both the World Institute of Scientology Enterprises and the Church of Spiritual Technology (L. Ron Hubbard Library). According to the Moscow Times:

Under the law, participants in “undesirable” groups' activities can be punished by up to four years in prison and organizers can receive up to six years.

Since 2007, the Russian government has taken various moves against the Moscow and St. Petersburg branches of Scientology.

Thursday, July 15, 2021

European Court Says Russia Violated Convention In Refusing To Register Same-Sex Unions

In Fedotova and Others v. Russia, (ECHR, July 13, 2021), the European Court of Human Rights in a Chamber Judgment held that Russia violated Article 8 (Respect For Private and Family Life) of the European Convention on Human Rights when it refused to register the marriage of same-sex couples. The Court said in part:

49.  ... Article 8 ... does not explicitly impose ... an obligation to formally acknowledge same-sex unions. However, it implies the need for striking a fair balance between the competing interests of same-sex couples and of the community as a whole....

54.  The Court notes that the protection of “traditional marriage” stipulated by the amendments to the Russian Constitution in 2020 ... is in principle weighty and legitimate interest, which may have positive effect in strengthening family unions. The Court, however, cannot discern any risks for traditional marriage which the formal acknowledgment of same-sex unions may involve, since it does not prevent different-sex couples from entering marriage, or enjoying the benefits which the marriage gives....

56.  ... [T]he respondent Government have a margin of appreciation to choose the most appropriate form of registration of same-sex unions taking into account its specific social and cultural context (for example, civil partnership, civil union, or civil solidarity act). In the present case they have overstepped that margin, because no legal framework capable of protecting the applicants’ relationships as same-sex couples has been available under domestic law.

According to Euronews, Russian authorities have rejected the Court's judgment, saying that the Court is meddling in the country's internal affairs. 

Tuesday, April 13, 2021

Russian Opposition Leader Navalny Sues Prison Officials To Obtain A Quran

According to reports from AP and The Hill, imprisoned Russian opposition leader Alexei Navalny is suing prison officials to obtain access to volumes of the Quran with commentary that he purchased. AP says in part:

Navalny has faced criticism over the years for using nationalist rhetoric regarding migrants, many of whom arrive in Russia from predominantly Muslim nations in Central Asia.

He said Tuesday he had realized his “development as a Christian requires studying the Quran,” adding that he decided to become “the Quran champion among Russian non-Muslim politicians.”

Prison authorities say that they must screen all books for extremism before making them available to prisoners, and that this will take three months. Navalny is in the midst of a hunger strike and prison officials are threatening to force feed him. 

Saturday, November 14, 2020

Chabad Moves One Step Closer To Recovering Sanctions Against Russia In Attempt To Repatriate Library

Agudas Chasidei Chabad of the United States v. Russian Federation, (D DC, Nov. 6, 2020), is the latest decision in a long-running attempt by Agudas Chasidei Chabad to recover from the Russian government two expropriated collections of valuable Jewish religious books and manuscripts. In 2013, the D.C. federal district court held the Russian government and three of its agencies in civil contempt, and imposed sanctions of $50,000 per day, for not complying with a 2010 default judgement ordering it to return the materials. (See prior posting). Plaintiffs attempted to find Russian assets to satisfy the sanctions by issuing subpoenas to Tenam, an indirectly wholly-owned subsidiary of Russia's nuclear agency.  Tenam challenged the subpoenas by challenging the underlying judgment against Russia. The district court held that Tenam lacks standing to challenge that judgment, and Tenam appealed. Now Tenam seeks a stay of discovery pending that appeal. In this latest 54-page decision, the federal district court denies that stay. VINnews reports on the decision. [Thanks to Steven H. Sholk for the lead.]

Tuesday, October 20, 2020

Russia Continues To Prosecute For Failure of Religious Groups To Display Full Official Names

 Forum 18 reported yesterday:

Religious organisations in Russia continue to be prosecuted for not showing their full official names on literature, online, and most frequently of all, on their buildings – despite a lack of clear guidance in law on how and where names should be displayed.

According to available court records, 98 prosecutions reached court between the beginning of January 2019 and the end of June 2020. These involved 76 registered religious organisations and 22 individuals. Most resulted in guilty verdicts and fines, with a conviction rate across the 18-month period of 72.5 per cent....

Forum 18 found 14 cases in 2019-20 in which judges ordered the confiscation of religious literature which had allegedly been "distributed as part of missionary activity" and should therefore have been bearing the religious organisations' full official names. In six of these cases, the books, magazines, CDs, or newspapers were also ordered destroyed.

Wednesday, June 17, 2020

Russian Court Sentences Jehovah's Witness To 6½ Years In Prison

Forum 18 reports that in the Russian city of Pskov, a trial court has sentenced a 61-year old Jehovah's Witness to 6½ years imprisonment on charges of financing extremist activity.  This is the longest sentence imposed on a Jehovah's Witness since the 2017 Russian Supreme Court decision banning Jehovah's Witness activity.  A 6-year sentence was imposed on another Jehovah's Witness by a court in the city of Oryol last year.

Wednesday, December 18, 2019

Russian Court Liberalizes Allowed Religious Use of Residences

Forum 18 reports this week on a November 2019 decision by Russia's Constitutional Court liberalizing the permissible religious uses of buildings that are zoned for residential purposes. The report explains:
The case followed a fine imposed on Olga Glamozdinova, a Seventh-day Adventist in Rostov Region, for granting free use of a room in her house to her Church and allowing them to use it as its legal address, when the land is designated for personal part-time crop cultivation. This land use permits the construction of a dwelling, but not of a religious building.
Glamozdinova argued that the house is also occupied as a dwelling by an acquaintance who also tends the crops on the plot, and the congregation uses the room for only four hours per week. The fine was upheld on appeal at both district and regional courts, but the Constitutional Court has now ruled that Glamozdinova's fine is subject to review because the law had been incorrectly applied in her case....
The Court stated, however, that religious use of residential premises must take into account the rights and legitimate interests of residents and neighbours, and the requirements of health and safety and environmental protection legislation. The Court also stated that it would be "unacceptable" for a dwelling to lose the features of residential premises and acquire those of a religious or administrative building....
This November 2019 Constitutional Court ruling may lead to fewer fines being imposed on religious organisations and individuals, but this will depend on Federal Service for State Registration, Cadastre and Cartography (Rosreestr) and other officials....

Sunday, September 15, 2019

State Department Sanctions Two Russians For Persecution of Jehovah's Witnesses

Last week the State Department publicly designated two investigative officials in Russia's western Siberian city of Surgut as ineligible to enter the United States because of their involvement in persecution of Jehovah's Witnesses.  The State Department's press release said in part:
The Department is publicly designating Vladimir Petrovich Yermolayev, the Head of the Investigative Committee in the city of Surgut, Russia, and Stepan Vladimirovich Tkach, Senior Investigator at the Investigative Committee of Surgut, Russia, under Section 7031(c) of the FY2019 Department of State, Foreign Operations, and Related Programs Appropriations Act, due to their involvement in gross violations of human rights.  Section 7031(c) provides that, in cases where the Secretary of State has credible information that foreign officials have been involved in significant corruption or a gross violation of human rights, those individuals and their immediate family members are ineligible for entry into the United States.
... On February 15, 2019, officers of the Surgut Investigative Committee, led by Yermolayev and Tkach, subjected at least seven Jehovah’s Witnesses to suffocation, electric shocks, and severe beatings during interrogation at the Committee’s headquarters.  This brutality stands in marked contrast to the peaceful practices of the Jehovah’s Witnesses who have been criminally prosecuted for their religious beliefs in Russia since a 2017 Supreme Court decision affirming their wrongful designation as an “extremist organization.”