ACLJ Applauds European Court for Protecting Religious Freedom in Decision Backing Salvation Army in Russia
(Washington, DC) – The American Center for Law and Justice (ACLJ), which specializes in constitutional law, said today a decision by the European Court of Human Rights in a case pursued by two ACLJ-affiliated organizations represents a significant victory for religious freedom ending years of religious discrimination aimed at the Salvation Army by the Russian government. The ACLJ-affiliated organizations involved in the case are the European Centre for Law and Justice (ECLJ) and the Slavic Centre for Law and Justice (SCLJ).
“The discriminatory action taken by the Russian government against the Salvation Army represented a serious and dangerous assault against religious freedom,” said Jay Sekulow, Chief Counsel of the ACLJ who also serves as Chief Counsel for the ECLJ and SCLJ – the two organizations involved in the Salvation Army case. “The European Court of Human Rights understood the importance of this case and in an unanimous ruling, rejected the Russian government’s action clearing the way for the Salvation Army to regain its humanitarian footing in Russia – providing much needed assistance and comfort to the people in that country. The decision sends a strong message that religious freedom is an integral and important aspect of the European Charter of Human Rights. This case was watched very closely throughout the world and we’re delighted that the rights of the Salvation Army are now protected.”
The European Court of Human Rights agreed two years ago to hear the case after a number of institutions of the Council of Europe tried unsuccessfully for years to convince the Russian government to settle the conflict and permit the recognition of the Salvation Army, which has been helping the poor in Moscow for ten years. In rejecting the Salvation Army’s required governmental re-registration application in 2000, the Russian government declared the Salvation Army a subversive “paramilitary foreign organization.”
The Salvation Army was denied recognition by the Russian government and forced to liquidate its assets because of the use of the word "army" in their name as well as their corporate structure. In fact, the government wrote that the Salvation Army's Book of Order and Regulations "leads one to conclude that the charter assumes that the members of the organization will inevitability break Russian law in the process of executing the Salvation Army's Orders and Regulations." The orders and regulations of the Salvation Army: to feed the poor and meet the needs of the homeless.
In a decision released on October 5th, the European Court of Human Rights issued a unanimous and sweeping opinion in favor of the Salvation Army. The Court held for the first time that religious freedom and association – both Articles 9 and 11 of the European Convention of Human Rights – must be considered together. The Court noted that "freedom of thought, conscience or religion is one of the foundations of a democratic society within the meaning of the Convention. It is, in its religious dimension one of the most vital elements that go to make up the identity of believers and their conception of life…" The Court went on to hold that "while this freedom is primarily a matter of individual conscious, it also implies freedom to manifest ones religion alone and in private or in community with others."
Sekulow says this decision is one of the most significant victories in the European courts protecting religious beliefs and practices. And he says it will also allow the Salvation Army to do its job.
The decision of the European Court of Human Rights is also welcomed news to Vladimir Ryakhovsky and Anatoly Pchelintsev of the SCLJ. “Russian authorities were blatantly and repeatedly violating the Salvation Army’s rights – discriminating against its believers,” said Ryakhovsky and Pchelintsev. “This is an important decision that will help restore justice.”
Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice specializes in constitutional law and is based in Washington, D.C.
“The discriminatory action taken by the Russian government against the Salvation Army represented a serious and dangerous assault against religious freedom,” said Jay Sekulow, Chief Counsel of the ACLJ who also serves as Chief Counsel for the ECLJ and SCLJ – the two organizations involved in the Salvation Army case. “The European Court of Human Rights understood the importance of this case and in an unanimous ruling, rejected the Russian government’s action clearing the way for the Salvation Army to regain its humanitarian footing in Russia – providing much needed assistance and comfort to the people in that country. The decision sends a strong message that religious freedom is an integral and important aspect of the European Charter of Human Rights. This case was watched very closely throughout the world and we’re delighted that the rights of the Salvation Army are now protected.”
The European Court of Human Rights agreed two years ago to hear the case after a number of institutions of the Council of Europe tried unsuccessfully for years to convince the Russian government to settle the conflict and permit the recognition of the Salvation Army, which has been helping the poor in Moscow for ten years. In rejecting the Salvation Army’s required governmental re-registration application in 2000, the Russian government declared the Salvation Army a subversive “paramilitary foreign organization.”
The Salvation Army was denied recognition by the Russian government and forced to liquidate its assets because of the use of the word "army" in their name as well as their corporate structure. In fact, the government wrote that the Salvation Army's Book of Order and Regulations "leads one to conclude that the charter assumes that the members of the organization will inevitability break Russian law in the process of executing the Salvation Army's Orders and Regulations." The orders and regulations of the Salvation Army: to feed the poor and meet the needs of the homeless.
In a decision released on October 5th, the European Court of Human Rights issued a unanimous and sweeping opinion in favor of the Salvation Army. The Court held for the first time that religious freedom and association – both Articles 9 and 11 of the European Convention of Human Rights – must be considered together. The Court noted that "freedom of thought, conscience or religion is one of the foundations of a democratic society within the meaning of the Convention. It is, in its religious dimension one of the most vital elements that go to make up the identity of believers and their conception of life…" The Court went on to hold that "while this freedom is primarily a matter of individual conscious, it also implies freedom to manifest ones religion alone and in private or in community with others."
Sekulow says this decision is one of the most significant victories in the European courts protecting religious beliefs and practices. And he says it will also allow the Salvation Army to do its job.
The decision of the European Court of Human Rights is also welcomed news to Vladimir Ryakhovsky and Anatoly Pchelintsev of the SCLJ. “Russian authorities were blatantly and repeatedly violating the Salvation Army’s rights – discriminating against its believers,” said Ryakhovsky and Pchelintsev. “This is an important decision that will help restore justice.”
Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice specializes in constitutional law and is based in Washington, D.C.
