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The ''Church of Scientology Moscow v Russia'' () (ECHR 258 ) is a European Court of Human Rights case, concerning Article 11 of the Convention. In the case the European Court of Human Rights in Strasbourg condemned Moscow City Government's refusal to consider the Church of Scientology of Moscow for registration as a religious organisation.〔European Court of Human Rights first section (Judgment on Application no. 18147/02 by CHURCH OF SCIENTOLOGY OF MOSCOW against Russia ) (2007-04-18). (Court press release here ). Retrieved on 2007-04-18.〕 And as a result found that Russia had violated the rights of the Church of Scientology under Articles 11 (the right to freedom of association) when "read in the light of Article 9" (the right to freedom of religion). Specifically, the Human Rights Court determined that, in denying consideration of registration to the Church of Scientology of Moscow, the Moscow authorities "did not act in good faith and neglected their duty of neutrality and impartiality vis-à-vis the applicant's religious community". The Court also awarded the Church €10,000 in respect of non-pecuniary damage and €15,000 for costs and expenses.〔 ==Facts== The Church of Scientology of Moscow describes itself as a religious association and was officially registered as such in January 1994. On 1 October 1997, a new ''Law on Freedom of Conscience and Religious Associations (Religion Law)'' entered into force, requiring all religious associations previously granted the status of a legal entity to bring their articles of association into conformity with the Religion Law and to re-apply for registration with the competent Justice Department before 31 December 2000. Failure to obtain "re-registration" before the expiration of that time limit exposed the Church to the threat of dissolution by judicial decision.〔 The Church of Scientology of Moscow subsequently applied eleven times for re-registration to the Moscow Justice Department between August 1998 and May 2005. Each application was rejected. The first two applications were refused on the grounds that the Church had violated unspecified laws. The third to fifth applications were refused on the grounds that the Church had failed to submit unspecified documents. The sixth to tenth applications were refused on the grounds that the Church had failed to comply with the time limit for re-registration, although the Constitutional Court had already held that this reason was not valid. Finally, the eleventh application was refused on the ground that the Church had failed to prove its existence in Moscow for at least 15 years, although the Constitutional Court had already held that this reason was not valid.〔 The refusal to re-register the Moscow Church under the Religion Law placed its status as a legal entity in jeopardy. The consequences of non-registration as a religious organization within the meaning of the Law were extreme for the Church and its members. As a result of the arbitrary refusal to re-register, the rights of the Church and its parishioners essential to the conduct of their religious activities on anything but the most primitive level were seriously jeopardized, including the ability to own and operate educational institutions including theological schools, to own and maintain religious buildings, to conduct charitable activities, the right to acquire, import and distribute religious literature and the right to invite foreign citizens to preach and conduct religious services.〔 As a result of a complaint filed by the Church, the Nikulinskiy District Court of Moscow found, on 8 December 2000, that the Justice’s Department refusal to re-register the Church was unlawful. It concluded that the Justice Department had, in essence, used subterfuge to avoid re-registration of the Church and pointed out that an association with no status as a legal entity was, in particular, prevented from renting premises for religious ceremonies and worship, receiving and disseminating religious literature or holding a bank account. It also held that that refusal had been inconsistent with international standards of law. That decision became binding and enforceable on 19 December 2000. However, the Justice Department refused to comply with it and, in March 2001, it was quashed by way of supervisory review by the government. Subsequently, the Russian courts upheld the systematic refusal to register the Moscow Church. The Church then filed an application with the European Court in 2002.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Church of Scientology Moscow v. Russia」の詳細全文を読む スポンサード リンク
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