Administrative Prosecution

Jehovah's Witnesses in Voronezh are unreasonably charged with a new violation

Voronezh Region

On February 16, 2017, the Leninskiy District Court of Voronezh will consider an administrative case against a local religious organization of Jehovah's Witnesses, which is wrongfully accused of failing to notify the authorities of a worship service that took place on October 9, 2016 in a rented sports complex on Voroshilov Street. On that day, the police raided the worship service with a search (pictured). Believers are convinced that the case should be dismissed in the absence of an event of an administrative offense.

The law does not require the authorities to be notified of prayer and religious meetings, which was finally clarified by the Constitutional Court of the Russian Federation. In a ruling of December 5, 2012, the Constitutional Court, considering a complaint filed by the Commissioner for Human Rights on behalf of Jehovah's Witnesses, explained:

"The necessity to notify the authorized bodies of state power or bodies of local self-government of such a public religious event and to bear other encumbrances established by law by virtue of the mere fact that it is held outside the places specially designated for this purpose constitutes unlawful interference of the state in the sphere of freedom of conscience, guaranteed by Article 28 of the Constitution of the Russian Federation and recognized by Article 9 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and unjustified restriction of the right to freedom of assembly, not conditioned by the goals specified in Articles 17 and 55 of the Constitution of the Russian Federation, as well as in paragraph 2 of Article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms. [...]

Law enforcers, including courts, when considering controversial issues regarding the need to notify public authorities of holding public religious events in places other than those specified in paragraphs 1-4 of Article 16 of the Federal Law "On Freedom of Conscience and Religious Associations", including when deciding on the application of administrative liability for non-compliance with this requirement, should be guided by the Constitution of the Russian Federation and this The resolution and in any case not to apply the procedure for holding rallies, demonstrations and processions to prayer and religious meetings held in non-residential premises, if neither the content of the religious event itself, nor the location of the non-residential premises require public authorities to take measures aimed at ensuring public order, security and tranquility of citizens" (Resolution of the Constitutional Court of the Russian Federation of 05.12.2012 No. 30-P).