THE MOSCOW BRANCH OF THE SALVATION ARMY v. RUSSIA View

Notes

Date	05/10/2006
AppNr	72881/01
Body	Court (First Section)
Type	Judgment (Merits and Just Satisfaction)
Articles	11-1; 11-2; 14+11; 14+9; 34; 41; 9
Violated / NonViolated	11
Citations	5-166-16-29101114P1-313P1-3

Conclusions:

Non-pecuniary damage - financial award
Violation of Art. 11
Violation of Art. 11 read in the light of 9

Keywords:

(art. 11-1) freedom of association
(art. 11-2) interference
(art. 11-2) necessary in a democratic society
(art. 11-2) prescribed by law
(art. 14) discrimination
(art. 14) religion
(art. 34) victim
(art. 9-1) freedom of religion
(art. 9-2) interference

ECHR Notes

Originating Body	Court (First Section)
Document Type	Judgment (Merits and Just Satisfaction)
Published in	Reports of Judgments and Decisions 2006-XI
Language	ENGLISH;FRENCH
Application Number	72881/01
Importance Level	1
Represented by	RYAKHOVSKIY, V. ; PCHELINTSEV, A.
Respondent State	Russia
Date of Judgment	05/10/2006
Conclusion	Violation of Art. 11 read in the light of Art. 9 ; Not necessary to examine under Art. 14 ; Non-pecuniary damage - financial award
Articles	9 ; 11-1 ; 11-2 ; 14+9 ; 14+11 ; 34 ; 41
Separate Opinions	No
Law at Issue	Federal Law 1997 on the Freedom of Conscience and Religious Associations ; Federal Law 2002 on State Registration of Legal Entities ; Government Regulation no. 130 (1998) on the Procedure for Registration of Representative Offices of Foreign Religious Organisations
Strasbourg Case Law	Amuur v. France, judgment of 25 June 1996, Reports of Judgments and Decisions 1996-III, p. 846, § 36 ; Chassagnou and Others v. France [GC], nos. 25088/94, 28331/95 and 28443/95, § 89, ECHR 1999-III ; Christian Democratic People's Party v. Moldova (dec.), no. 28793/02, 22 March 2005 ; Church of Scientology Moscow and Others v. Russia (dec.), no. 18147/02, 28 October 2004 ; Dalban v. Romania [GC], no. 28114/95, § 44, ECHR 1999-VI ; Dudgeon v. the United Kingdom, judgment of 22 October 1981, Series A no. 45, § 41 and § 67 ; Eckle v. Germany, judgment of 15 July 1982, Series A no. 51, § 66 ; Gorzelik and Others v. Poland [GC], no. 44158/98, §§ 52, 92 and 94-95, 17 February 2004 ; Hasan and Chaush v. Bulgaria [GC], no. 30985/96, § 62 and § 78, ECHR 2000-XI ; Kimlya, Sultanov and Church of Scientology of Nizhnekamsk v. Russia (dec.), nos. 76836/01 and 32782/03, 9 June 2005 ; Manoussakis and Others v. Greece, judgment of 26 September 1996, Reports of Judgments and Decisions 1996-IV, § 47 ; Marckx v. Belgium, judgment of 13 June 1979, Series A no. 31, § 27 ; Metropolitan Church of Bessarabia and Others v. Moldova, no. 45701/99, §§ 105, 106, 114, 118, 123 and 134, ECHR 2001-XII ; Partidul Comunistilor (Nepeceristi) and Ungureanu v. Romania, no. 46626/99, § 49 and § 56, ECHR 2005-I (extracts) ; Refah Partisi (the Welfare Party) and Others v. Turkey [GC], nos. 41340/98, 41342/98, 41343/98 and 41344/98, §§ 86-89 and 101, ECHR 2003-II ; Sidiropoulos and Others v. Greece, judgment of 10 July 1998, Reports of Judgments and Decisions 1998-IV, §§ 31, 40 and 52 ; Stankov and the United Macedonian Organisation Ilinden v. Bulgaria, nos. 29221/95 and 29225/95, § 84, ECHR 2001-IX ; Tsonev v. Bulgaria, no. 45963/99, § 55, 13 April 2006 ; United Communist Party of Turkey and Others v. Turkey, judgment of 30 January 1998, Reports of Judgments and Decisions 1998-I, §§ 43-45 and 47 ; Wassink v. the Netherlands, judgment of 27 September 1990, Series A no. 185-A, § 38
External Sources	Report of 26 March 2002 of the Committee on the Honouring of obligations and commitments by member states of the Council of Europe (on Russia) ; Council of Europe Parliamentary Assembly Resolution 1277 (2002) on the honouring of obligations and commitments by the Russian Federation ; Council of Europe Parliamentary Assembly Resolution 1278 (2002) on Russia's law on religion
Keywords	"(Art. 11-1) FREEDOM OF ASSOCIATION" "(Art. 11-2) INTERFERENCE" "(Art. 11-2) NECESSARY IN A DEMOCRATIC SOCIETY" "(Art. 11-2) PRESCRIBED BY LAW" "(Art. 14) DISCRIMINATION" "(Art. 14) RELIGION" "(Art. 34) VICTIM" "(Art. 9-1) FREEDOM OF RELIGION" "(Art. 9-2) INTERFERENCE"

Application Documents 1

MOSCOW BRANCH OF THE SALVATION ARMY v. RUSSIA

Court (First Section) Decision

24/06/2004

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References 22

	5 KIMLYA AND OTHERS v. RUSSIA 9 Court (First Section) Judgment (Merits and Just Satisfaction)	01/10/2009
	9 CHURCH OF SCIENTOLOGY MOSCOW v. RUSSIA 9, 11 Court (First Section) Judgment (Merits and Just Satisfaction)	05/04/2007
	8 TSONEV v. BULGARIA 11 Court (First Section) Judgment (Merits and Just Satisfaction)	13/04/2006
	1 KIMLYA, SULTANOV and CHURCH OF SCIENTOLOGY OF NIZHNNEKAMSK v. RUSSIA Court (First Section) Decision	09/06/2005
	25 CHRISTIAN DEMOCRATIC PEOPLE'S PARTY v. MOLDOVA Court (Fourth Section) Decision	22/03/2005
	20 PARTIDUL COMUNISTILOR (NEPECERISTI) AND UNGUREANU v. ROMANIA 11 Court (Third Section) Judgment (Merits and Just Satisfaction)	03/02/2005
	4 CHURCH OF SCIENTOLOGY MOSCOW AND OTHERS V. RUSSIA Court (First Section) Decision	28/10/2004
	70 REFAH PARTISI (THE WELFARE PARTY) AND OTHERS v. TURKEY 11 Court (Grand Chamber) Judgment (Merits)	13/02/2003
	45 GORZELIK AND OTHERS v. POLAND 11 Court (Fourth Section) Judgment (Merits)	20/12/2001
	50 METROPOLITAN CHURCH OF BESSARABIA AND OTHERS v. MOLDOVA 9, 13 Court (First Section) Judgment (Merits and Just Satisfaction)	13/12/2001
	51 STANKOV AND THE UNITED MACEDONIAN ORGANISATION ILINDEN v. BULGARIA 11 Court (First Section) Judgment (Merits and Just Satisfaction)	02/10/2001
	72 HASAN AND CHAUSH v. BULGARIA 9, 13, 6 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	26/10/2000
	458 DALBAN v. ROMANIA 10 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	28/09/1999
	145 CHASSAGNOU AND OTHERS v. FRANCE P1-1, 14, 11 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	29/04/1999
	49 SIDIROPOULOS AND OTHERS v. GREECE 11 Court (Chamber) Judgment (Merits and Just Satisfaction)	10/07/1998
	117 THE UNITED COMMUNIST PARTY OF TURKEY AND OTHERS v. TURKEY 11 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	30/01/1998
	62 MANOUSSAKIS AND OTHERS v. GREECE 9 Court (Chamber) Judgment (Merits and Just Satisfaction)	26/09/1996
	433 AMUUR v. FRANCE 5-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	25/06/1996
	153 WASSINK v. THE NETHERLANDS 5-1, 5-4, 5-5 Court (Chamber) Judgment (Merits and Just Satisfaction)	27/09/1990
	448 ECKLE v. GERMANY 6-1 Court (Chamber) Judgment (Merits)	15/07/1982
	126 DUDGEON v. THE UNITED KINGDOM 8 Court (Plenary) Judgment (Merits)	22/10/1981
	327 MARCKX v. BELGIUM 8, 14, P1-1 Court (Plenary) Judgment (Merits and Just Satisfaction)	13/06/1979

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Citations 15

	BAYATYAN v. ARMENIA 9 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	07/07/2011
	ASSOCIATION LES TEMOINS DE JEHOVAH v. FRANCE 9 Court (Fifth Section) Judgment (Merits)	30/06/2011
	THE ARGES COLLEGE OF LEGAL ADVISERS v. ROMANIA 11 Court (Third Section) Judgment (Merits and Just Satisfaction)	08/03/2011
	4 JEHOVAH'S WITNESSES OF MOSCOW and OTHERS v. RUSSIA 9, 11, 6-1 Court (First Section) Judgment (Merits and Just Satisfaction)	10/06/2010
	KRUMPHOLZ v. AUSTRIA 6-1, 6-2 Court (First Section) Judgment (Merits and Just Satisfaction)	18/03/2010
	10 TEBIETI MUHAFIZE CEMIYYETI AND ISRAFILOV v. AZERBAIJAN 11 Court (First Section) Judgment (Merits and Just Satisfaction)	08/10/2009
	3 LAJDA ET AUTRES c. REPUBLIQUE TCHEQUE Court (Fifth Section) Decision	03/03/2009
	17 RELIGIONSGEMEINSCHAFT DER ZEUGEN JEHOVAS AND OTHERS v. AUSTRIA 9, 14, 6, 13 Court (First Section) Judgment (Merits and Just Satisfaction)	31/07/2008
	2 KORETSKYY AND OTHERS v. UKRAINE 11 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	03/04/2008
	4 VOSKUIL v. THE NETHERLANDS 10, 5-1 Court (Third Section) Judgment (Merits and Just Satisfaction)	22/11/2007

ECHR CaseLaw

THE MOSCOW BRANCH OF THE SALVATION ARMY v. RUSSIA View

Notes

ECHR Notes

Application Documents 1

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References 22

Citations Breakdown

Citations 15

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