US lawyer sends "White Book" on draft law against UOC to the Verkhovna Rada
U.S. attorney Robert Amsterdam. Photo: theglobeandmail.com
US lawyer Robert Amsterdam, representing the Ukrainian Orthodox Church (UOC), has sent a legal analysis ("White Book") of the anti-church draft law 8371 to the Verkhovna Rada, as reported by Strana.ua.
Amsterdam draws the attention of deputies to the fact that the draft law does not comply with the norms and criteria of the Venice Commission.
"Any lawful restriction of freedom of religion must have a legitimate purpose, be necessary and proportionate, and be non-discriminatory. Draft Law 8371 meets none of the criteria required for religious restrictions to be permissible," the analysis states.
The document states that this legislative initiative is not aimed at protecting public order and public safety but represents a certain form of deliberate discrimination. Amsterdam calls the anti-church draft law punitive, as it provides for a certain form of collective punishment for the Church, its clergy, and parishioners.
"Draft Law 8371 violates the principle of non-interference in the internal affairs of a religious organization, contains insufficient rights to remedy or appeal, and violates international guidance on defining foreign influence on religious organizations," the "White Book" states.
The lawyer notes that in case the draft law 8371 is adopted in the second reading, it will be appealed in the courts of Ukraine and the European Court of Human Rights, and deputies who voted for this initiative may face international sanctions, including travel bans and asset freezes.
"As a supporter of Ukraine's heroic struggle, I must note my shock that legislation polarizing society and fueling religious division during a war can be considered in a democratic multi-confessional society. This draft law is shameful and contradicts the interests of the entire people of Ukraine," wrote Robert Amsterdam in a cover letter to the document addressed to the Speaker of the Rada and his MPs.
He also urged the leaders of the parliament to send the draft law to the Venice Commission.
"The Commission's expedited consideration of the draft law will provide Ukraine with greater clarity regarding the glaring legal deficiencies and dangerous implications of this draft law," Amsterdam wrote.
As reported by the UOJ, American UOC lawyer Robert Amsterdam stated in an interview with The European Conservative that the believers of the Ukrainian Orthodox Church have ended up today in the crossfire: on the one hand, their shrines are destroyed by Russian military, on the other hand, they are persecuted by their own government.
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