The Church of Scientology Moscow v Russia [2007] ECHR 258 is a European Court of Human Rights case, concerning Article 11 of the convention.
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 Court held that where the organization of a religious community is at issue, "a refusal to recognize it" not only constitutes interference with its right to freedom of association protected by ECHR Article 11.
The Court noted that "the believers' right to freedom of religion encompasses the expectation that the community will be allowed to function peacefully, free from arbitrary State intervention".
Therefore, the Court determined that the failure to recognize the Church of Scientology through rejection of registration offended these fundamental religious freedom and association rights.
[1] The Court refers to its settled case-law to the effect that, as enshrined in Article 9, freedom of thought, conscience and religion is one of the foundations of a "democratic society" within the meaning of the Convention.
It is, in its religious dimension, one of the most vital elements that go to make up the identity of believers and their conception of life, but it is also a precious asset for atheists, agnostics, sceptics and the unconcerned.
Indeed, the autonomous existence of religious communities is indispensable for pluralism in a democratic society and is thus an issue at the very heart of the protection which Article 9 affords.
[1]Likewise, the Court found that the government's actions constituted an interference with the Church of Scientology's rights to freedom of association and religion.
Where the organization of the religious community is at issue, a refusal to recognize it also constitutes interference with the applicants' right to freedom of religion under Article 9 of the Convention.
The believers' right to freedom of religion encompasses the expectation that the community will be allowed to function peacefully, free from arbitrary State intervention.
[6] The Working group commented, "The ECHR itself did not consider whether the Scientology organisation as such meets the characteristics of a religion (or religious community) within the meaning of article 9 of the European Convention on Human Rights in terms of its structure and beliefs.