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Kokkinakis v. Greece
''Kokkinakis v. Greece'' (application No. 14307/88) is a landmark case of the European Court of Human Rights, decided in 1993 and concerning compatibility of certain sanctions for proselytism with Articles 7 and 9 of the European Convention on Human Rights.
==Facts==
The crime of proselytism, according to Greek law, meant ''in particular, any direct or indirect attempt to intrude on the religious beliefs of a person of a different religious persuasion (eterodoxos), with the aim of undermining those beliefs, either by any kind of inducement or promise of an inducement or moral support or material assistance, or by fraudulent means or by taking advantage of his inexperience, trust, need, low intellect or naïvety''. Greek court has later clarified that ''purely spiritual teaching does not amount to proselytism, even if it demonstrates the errors of other religions and entices possible disciples away from them, who abandon their original religions of their own free will; this is because spiritual teaching is in the nature of a rite of worship performed freely and without hindrance. Outside such spiritual teaching, which may be freely given, any determined, importunate attempt to entice disciples away from the dominant religion by means that are unlawful or morally reprehensible constitutes proselytism as prohibited''.〔ECtHR judgment, paras. 16-17〕
Mr. Minos Kokkinakis, a Jehovah's Witness, and his wife, called at the home of Mrs Kyriakaki in Sitia and engaged in a discussion with her, described by Ms. Kyriakaki as follows: ''They immediately talked to me about Olof Palme, whether he was a pacifist or not, and other subjects that I can’t remember. They talked to me about things I did not understand very well. It was not a discussion but a constant monologue by them. ... If they had told me they were Jehovah’s Witnesses, I would not have let them in. I don’t recall whether they spoke to me about the Kingdom of Heaven. They stayed in the house about ten minutes or a quarter of an hour. What they told me was religious in nature, but I don’t know why they told it to me. I could not know at the outset what the purpose of their visit was. They may have said something to me at the time with a view to undermining my religious beliefs... () the discussion did not influence my beliefs''. Mrs Kyriakaki’s husband, who was the cantor at a local Orthodox church, informed the police and Mr. Kokkinakis was convicted for proselytism.〔ECtHR judgment, paras. 7-12〕
Mr. Kokkinakis has appealed to the ECtHR under Articles 7, 9, 10 and 14 of the European Convention on Human Rights.〔ECtHR judgment, para. 27〕
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