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Publication:2001-XII
Title:Metropolitan Church of Bessarabia and Others v. Moldova
Application No:45701/99
Respondent:Austria
Referred by:
Date of reference by Commission:
Date of reference by State:
Date of Judgment:13-12-2001
Articles:9
13
14
6
11
41		Conclusion:Violation of article 9
Violation of article 13
Not necessary to examine article 14
Not necessary to examine article 6
Not necessary to examine article 11
Compensation awarded
Keywords:RELIGIOUS FREEDOM / EFFECTIVE REMEDY / DISCRIMINATION / FAIR TRIAL / FREEDOM OF ASSOCIATION / FREEDOM OF ASSEMBLY

Summary:
(Press release)
The case concerns the Moldovan authorities' refusal to recognise the applicant (Orthodox Christian) church. The applicants alleged that under the relevant domestic legislation a religious denomination could not be active inside Moldovan territory unless it had first been recognised by the authorities. The Court held unanimously that there had been violations of Articles 9 (freedom of religion) and 13 (right to an effective remedy) of the European Convention on Human Rights, and that it was not necessary to determine whether there had been violations of Article 14 (prohibition of discrimination) read together with Article 9 and of Articles 6 (right to a fair trial) and 11 (freedom of assembly and association) of the Convention. Under Article 41 of the Convention (just satisfaction), the Court awarded the applicants EUR 27,025 for pecuniary and non-pecuniary damage and for legal costs and expenses. The judgment is in the French language only.

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Last Modified: 26-02-2013 10:24:53 (Documentation SIM)