SECRETARIAT GENERAL SECRETARIAT OF THE COMMITTEE OF MINISTERS SECRETARIAT DU COMITE DES MINISTRES Contact: Clare Ovey Tel: 03 88 41 36 45 Date: 06/06/2017 DH-DD(2017)611 Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers. Meeting: 1288th meeting (June 2017) (DH) Communication from the applicant’s representatives (01/06/2017) in the case of JEHOVAH'S WITNESSES OF MOSCOW AND OTHERS v. Russian Federation (Application No. 302/02) Information made available under Rule 9.1 of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements. * * * * * * * * * * * Les documents distribués à la demande d’un/e Représentant/e le sont sous la seule responsabilité dudit/de ladite Représentant/e, sans préjuger de la position juridique ou politique du Comité des Ministres. Réunion : 1288e réunion (juin 2017) (DH) Communication des représentants du requérant (01/06/2017) dans l’affaire JEHOVAH'S WITNESSES OF MOSCOW ET AUTRES c. Fédération de Russie (Requête n° 302/02) [anglais uniquement] Informations mises à disposition en vertu de la Règle 9.1 des Règles du Comité des Ministres pour la surveillance de l’exécution des arrêts et des termes des règlements amiables. PO Box 40 13893 Highway 7 (courier) Georgetown ON L7G 4T1 905-873-4545 905-873-4522 John M. Burns, LL.B. DGI [email protected] Also of the Bar of British Columbia 01 JUIN 2017 SERVICE DE L’EXECUTION DES ARRETS DE LA CEDH 30 May 2017 Department for the Execution of Judgments of the ECHR DGI - Directorate General of Human Rights and Rule of Law Council of Europe F-67075 STRASBOURG CEDEX FRANCE Re: Application no. 302/02, Jehovah’s Witnesses of Moscow v. Russia, judgment of 10 June 2010, final on 22 November 2010—Communication pursuant to Rule 9.1 of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements Dear Sir or Madam, As attorney of record, I am writing further to my letter dated 15 May 2017, which requested the Committee to change the monitoring of the above Jehovah’s Witnesses of Moscow v. Russia judgment to the “enhanced procedure”. The 20 April 2017 decision of the Supreme Court of Russia banning the Administrative Centre of Jehovah’s Witnesses and all 395 local religious organisations, including the Moscow LRO, is having a severe nationwide impact on Jehovah’s Witnesses. The attached interim report (Annex 1) details more than 40 serious and harsh incidents in the Moscow region and throughout Russia and includes the following: • On 25 May 2017, the Federal Security Service (FSB) raided a religious service of Jehovah’s Witnesses in the city of Orel and searched the homes of Jehovah’s Witnesses. The FSB justified their raid by citing the ban on Jehovah’s Witnesses and stated a criminal investigation had been opened against Jehovah’s Witnesses in Orel under Article 282.2, part 1, of the Criminal Code for “extremism”. The FSB took into custody Danish citizen Dennis Christensen. On 26 May 2017, the Sovietskiy District Court of Orel granted the motion of the FSB and ordered Mr Christensen jailed in pretrial detention for two months pending completion of the criminal investigation. If convicted, Mr. Christensen faces possible imprisonment for 6 to 10 years based on the 2016 amendments to Article 282.2, which now provide for harsher punishment. (Annexes 2 and 3) The facts of Mr. Christensen’s case mirror the criminal conviction of 16 of Jehovah’s Witnesses in Taganrog under Article 282.2 of the Criminal Code (see pending application Trotsyuk and Others v. Russia, no. 24622/16). Lawyers GEORGETOWN (ONTARIO) SAINT-BRUNO-DE-MONTARVILLE (QUÉBEC) ALMATY (KAZAKHSTAN) Department for the Execution of Judgments of the ECHR 2 30 May 2017 • Over the past six weeks, law enforcement officials have issued at least 14 warnings to LROs and congregations of Jehovah’s Witnesses threatening criminal prosecution if Jehovah’s Witnesses continue to hold their religious services (see examples of warnings at Annex 4). Over the same period of time, there have been at least 18 police raids on peaceful religious services of Jehovah’s Witnesses. On 12 April 2017, masked and heavily armed police, accompanied by journalists, stopped a religious service of Jehovah’s Witnesses in Chelyabinsk, claiming it is now illegal for the Witnesses to meet for worship. The media report on the raid can be viewed at https://youtu.be/pPj-VnT2pIw. • On 15 May 2017, management of a chemical factory in Dorogobuzh, Smolensk Region, told their employees who are Jehovah’s Witnesses that they had received orders from the FSB to dismiss all Jehovah’s Witnesses. The management told the Witnesses to resign, or they would be fired. • On 17 April 2017, in the village of Bolshekrepinskaya, Rostov Region, one of Jehovah’s Witnesses was summoned by the school principal where her 14-year-old daughter attends. The principal and other teachers insulted the Witness mother by stating that she takes her daughter to meetings of a “terrorist organisation”. Two days later the principal and two police officers met privately with the 14-year-old girl at school and told her that her mother is a member of a “terrorist organisation” in which members are “taught to kill people and steal from them”. • On 24 May 2017, in Zheshart, Komi Republic, a building used by Jehovah’s Witnesses for religious services was destroyed by arson. The remains of a Molotov cocktail were found at the scene. On 30 April 2017, in Lutsino, Moscow Region, an arson attack burned to the ground a home of a Witness family. • On 28 April 2017, the Conscription Commission of the Cheboksary and Marposadskiy regions rejected the application for alternative service of one of Jehovah’s Witnesses. The Commission stated that Jehovah’s Witnesses are “extremist” and cannot be granted alternative service. The Commission threatened to turn the case over to the FSB for investigation. As stated in my 15 May 2017 letter, the Russian authorities have totally disregarded the judgement rendered by the European Court of Human Rights in this application and embarked on a nation-wide campaign of repression and persecution of Jehovah’s Witnesses. For these reasons, we respectfully ask that the Committee please change the monitoring of the above Jehovah’s Witnesses of Moscow v. Russia judgment to the “enhanced procedure” and consider starting infringement proceedings against Russia under Rule 11 of the Rules of the Committee of Ministers. Please accept an expression of our appreciation for your consideration of the above. Yours truly, W. GLEN HOW & ASSOCIATES LLP Department for the Execution of Judgments of the ECHR 3 30 May 2017 John M. Burns, attorney List of annexes: Annex 1: Interim report, “Negative Impact of Russia’s Ban on Jehovah’s Witnesses”, 26 May 2017. Annex 2: News release, “Danish Jehovah’s Witness Arrested and Jailed in Russia After Police Raid a Christian Meeting”, www.jw.org, 26 May 2017. Annex 3: Decision of the Sovietskiy District Court of Orel for pretrial detention of Dennis Christensen, 26 May 2017. Annex 4: Warnings to eight LROs and one congregation of Jehovah’s Witnesses in Russia. INTERIM REPORT DGI 01 JUIN 2017 SERVICE DE L’EXECUTION DES ARRETS DE LA CEDH NEGATIVE IMPACT OF RUSSIA’S BAN ON JEHOVAH’S WITNESSES » Russian Government Abuses and Restrictions of Human Rights » Societal Abuses and Discrimination MAY 26, 2017 Annex 1 SUMMMARY NEGATIVE IMPACT OF RUSSIA’S BAN ON JEHOVAH’S WITNESSES Russian Government Abuses and Restrictions of Human Rights Masked and heavily armed police and the National Guard raided a religious service in Chelyabinsk Criminal Charges Police Raids on Private Religious Services On 25 May 2017 the FSB raided a religious of Jehovah’s Witnesses service of Jehovah’s Witnesses in the city Over the past six weeks, law enforcement officials have raided of Oryol and took Danish citizen Dennis at least 18 religious services of Jehovah’s Witnesses. Christensen into custody. He is jailed in pretrial detention for two months pending Threats to Parents and Children completion of the criminal investigation. On 17 April 2017 in the village of Bolshekrepinskaya, Rostov He faces the possibility of imprisonment Region, a school principal and two police officers met privately from 6 to 10 years for alleged extremist with the 14-year-old daughter of a Witness at school, stating activity under Article 282.2, part 1, of the Dennis Christensen that her mother is a member of a “terrorist organisation” Criminal Code simply for participating in the where members are ‘taught to kill people and steal from religious activity of Jehovah’s Witnesses. them.’ The rant portraying the Witnesses as terrorists brought the girl to tears. Official Warnings Threatening Criminal or Administrative Prosecution Refusal of Applications for Alternative On 4 May 2017 the prosecutor’s office issued a warning to Civilian Service the Chairman of the Krymsk LRO of Jehovah’s Witnesses. On 28 April 2017 the Conscription Commission of the The document relied on the 20 April 2017 judgment of the Cheboksary and Marposadskiy regions rejected the application Supreme Court and warned that the chairman and members for alternative service of one of Jehovah’s Witnesses. The of the LRO can be subject to administrative and criminal Commission stated Jehovah’s Witnesses are “extremist” liability for holding religious services. and cannot be granted alternative service. Societal Abuses and Discrimination Acts of Violence, Arson, and Vandalism On 24 May 2017 in Zheshart, Komi Republic, a building used by Jehovah’s Witnesses for religious services was destroyed by arson.