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Jehovah's Witnesses Extremism Case (Russia)

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On April 20, 2017, the Supreme Court of the Russian Federation, ruling on a lawsuit the Ministry of Justice had filed on March 15, 2017, declared the Administrative Centre of Jehovah's Witnesses in Russia an extremist organization and ordered the liquidation of the Centre together with all 395 local religious organizations affiliated with it nationwide, with their property to pass to the state. The ruling followed a decade of individual local bans on Jehovah's Witnesses congregations dating to 2007 and a February 2017 inspection alleging the Administrative Centre continued funding branches already shut down and had not purged banned literature; 95 Jehovah's Witnesses publications had already been placed on Russia's federal list of extremist materials. Criminal prosecutions of individual Jehovah's Witnesses followed under Article 282.2 of the Russian Criminal Code, for organizing or continuing the activity of a banned extremist organization; Dennis Christensen, a Danish national arrested in May 2017, was the first convicted, sentenced in February 2019 to six years and released in May 2022. On June 7, 2022, the European Court of Human Rights, in Taganrog LRO and Others v. Russia, found the 2017 liquidation, the property seizure and the publication bans unlawful, ruled they violated the rights to freedom of religion, expression and association under the European Convention on Human Rights, and called for pending prosecutions to end and imprisoned Witnesses to be released, a judgment that came after Russia's March 2022 expulsion from the Council of Europe.

Facts
Decision Year
2017 1
Decision Date
2017-04-20 1
Filed Date
2017-03-15 1
Date the Ministry of Justice filed the liquidation lawsuit, not the date the Supreme Court ruled.
Holding
Held that the Administrative Centre of Jehovah's Witnesses in Russia and its 395 affiliated local religious organizations constituted an extremist organization under Russia's anti-extremism law, ordering their liquidation and the transfer of their property to the state. 1
Current Status
Domestically final and enforced; Russian courts have continued to prosecute individual Jehovah's Witnesses under Article 282.2 of the Criminal Code since the 2017 ban. The European Court of Human Rights found the liquidation unlawful in Taganrog LRO and Others v. Russia on June 7, 2022, but the judgment followed Russia's March 2022 expulsion from the Council of Europe, and Russia has not reversed the domestic liquidation. 2
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395 Organizations, One Ruling: The 2017 Liquidation of Jehovah's Witnesses in Russia

This article records tradition as it has been passed down and reported. Its sources are not yet part of the atlas's verified catalogue.

The scale of the Supreme Court of Russia's April 20, 2017 ruling is easy to lose in a one-line summary. It did not ban a single congregation or close one office. Ruling on a lawsuit the Ministry of Justice had filed just over a month earlier, on March 15, 2017, the court declared the Administrative Centre of Jehovah's Witnesses in Russia an extremist organization and ordered the liquidation of the Centre together with all 395 local religious organizations affiliated with it nationwide, with their property to pass to the state in a single stroke.

The ruling did not arrive without warning. Individual Jehovah's Witnesses congregations had already been shut down by local courts one at a time since 2007, and by 2017, 95 Jehovah's Witnesses publications had been placed on Russia's federal list of extremist materials, the same list used against a wide range of banned literature. A government inspection in February 2017 alleged the Administrative Centre was still funding branches that had already been closed and had not purged the newly banned texts from circulation, evidence the Ministry of Justice cited directly in its suit.

Liquidation on paper became prosecution in practice. Individual Jehovah's Witnesses faced criminal charges under Article 282.2 of the Russian Criminal Code for organizing or continuing the activity of a now-banned extremist organization, a provision that reaches simple continued religious practice once the organizing body has been outlawed. Dennis Christensen, a Danish national arrested at a Kingdom Hall meeting in Oryol in May 2017, became the first person convicted under it, sentenced in February 2019 to six years and released in May 2022 after serving his term. He would not be the last case to draw international attention to a ruling whose reach, 395 organizations at once, was itself part of the point.

A Judgment After Expulsion: The European Court's 2022 Reversal and Its Limits

This article records tradition as it has been passed down and reported. Its sources are not yet part of the atlas's verified catalogue.

Five years after Russia's Supreme Court ordered the Jehovah's Witnesses liquidated, a different court reached the opposite conclusion, and arrived too late to matter in the way such rulings usually do.

On June 7, 2022, the European Court of Human Rights ruled in Taganrog LRO and Others v. Russia, a case joining the original Taganrog local religious organization's application with nineteen others, that the 2017 liquidation, the seizure of Jehovah's Witnesses property, and the accompanying publication bans were unlawful. The court found violations of the rights to freedom of religion, expression and association under the European Convention on Human Rights, and it did not stop at declaring the violation: it called on Russia to discontinue pending criminal proceedings against Jehovah's Witnesses and to release those already imprisoned under the ban.

The timing is what makes the judgment unusual. Russia was expelled from the Council of Europe in March 2022, months before the Taganrog LRO judgment came down, and formally ceased being a party to the European Convention on Human Rights that September. A ruling ordinarily backed by treaty membership and the prospect of continued engagement with the Council of Europe's enforcement machinery arrived instead addressed to a state that had already left the system built to enforce it. Russia has not reversed the domestic liquidation, and criminal prosecutions of individual Jehovah's Witnesses under Article 282.2 of the Criminal Code continued after the judgment, not before it.

The result is two rulings that both remain formally true at once inside their own systems: a domestic liquidation Russia still treats as final and enforced, and an international judgment finding that same liquidation unlawful, with no shared authority left standing to reconcile the two.

Cross-Tradition Connections

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In Legal System

Source An Introduction to Comparative LawKonrad Zweigert and Hein Koetz; English translation by Tony Weir
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Sources
Dissenting Readings (1 dissenting reading)
Holding

Human Rights Watch called the ruling a serious breach of Russia's international religious freedom obligations at the time it was issued.

A dissenting reading, from Human Rights WatchHuman Rights Watch Report on the Jehovah's Witnesses Ban

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