Lavra comments on govt response to the West's inquiry on persecution of UOC

Priesthood and brethren of the Kyiv-Pechersk Lavra. Photo: KPL website

A comment on the response of the Ukrainian authorities to the statements of UN rapporteurs regarding violations of the rights of the UOC was published on the website of the Kyiv-Pechersk Lavra Monastery.

"Having studied the response of the ministries and departments of Ukraine, we, the monks – the inhabitants of the Holy Dormition Kiev-Pechersk Lavra / Men's Monastery / Ukrainian Orthodox Church, are compelled to conclude that this response contains unreliable information, is incomplete, and indicates an attempt by the government of Ukraine, through the relevant ministries, to conceal the facts of violations of the rights of UOC believers and mislead representatives of the international community," the statement of the Lavra's press service said.

In particular, the monastery's statement emphasizes that the history of the Monastery's use did not begin in 2013, as stated in the Ministry of Culture's statement, but "since its foundation in 1051 by the monks Anthony and Theodosius in the caves near the summer princely residence of Berestovo near Kyiv." The Lavra pointed out that the monastery became state property only in the 20th century, during the Soviet era.

"During the 1988-1990s, several regulatory legal acts were adopted on the transfer of the Lavra to the Ukrainian Orthodox Church with the right of the Church to carry out restoration, conservation, and repair of the transferred buildings and structures, as well as landscaping of the territory on which they are located. These permits have not been revoked and are still valid," the Lavra's press service said, stressing that "all regulatory legal acts on the transfer of property and contracts for the gratuitous use of temples and other structures to religious organizations of the UOC were based on the principle of restitution (return) of church property previously confiscated by the Soviet authorities."

The text states that, according to the Presidential Decree N125/92 "On Measures for the Return of Cult Property to Religious Organizations," it was envisaged to return the property to the denominations, which was called for by Ukraine and in the Parliamentary Assembly of the Council of Europe (Recommendation 1556).

"Thus, the state authorities of Ukraine were obliged to take measures to transfer the cult buildings and structures of the UOC on a non-refundable basis, as required by the principle of restitution, which in turn excludes the possibility of expropriation of the Lavra from the Monastery, termination of relevant lease agreements, and returning the Lavra to the ownership of the state," the Lavra stated, emphasizing that instead, the state concluded a gratuitous use agreement in 2013 and terminated it in 2023 without any legal grounds."

"According to the Decree of the President of Ukraine dated December 01, 2022, No. 820/2022, the decision of the National Security and Defense Council of Ukraine has been implemented, according to which the UOC as a whole and the Monastery in particular have been de facto recognized as affiliated with the centers of influence in the Russian Federation religious organizations, as well as guilty of subversive activities. A specific task has been set – to evict the monks from the Monastery, which is being implemented," the press service wrote, noting that at present, 144 monks and 20 novices live in the monastery.

The statement underscores that "the premature termination of the Agreement with an attempt to evict the monks from the Monastery constitutes a violation of the aforementioned decisions of the ECHR, as the Monastery is the owner of the Lavra and has the right to "legitimate expectation" for the continuation of the action of the Agreements for the use of property as an integral part of the right of ownership – until the issue of restitution of this object is resolved and it is returned to the Monastery."

Based on the above, the Lavra stated the following:

1. "To publish this statement as a refutation of the information of the ministries and departments of Ukraine dated January 22, 2024, provided in response to the UN Special Rapporteurs on their communication AL UKR 1/23.
2. To inform the UN Special Rapporteur on Freedom of Religion or Belief, the UN Special Rapporteur on Minority Rights, the UN Special Rapporteur on the Right to Peaceful Assembly and Association about the position of the Holy Dormition Kyiv-Pechersk Lavra / Men's Monastery / Ukrainian Orthodox Church on the unreliable and discriminatory nature of the information of the ministries and departments of Ukraine.
3. To appeal to international human rights organizations, including the human rights association 'Church Against Xenophobia and Discrimination', the non-governmental organization 'Public Advocacy' with the initiative to organize an information campaign and legal proceedings to protect the rights of the inhabitants and believers of the Holy Dormition Kyiv-Pechersk Lavra / Men's Monastery / Ukrainian Orthodox Church at the international level, taking into account numerous facts of manifestations of hatred and systematic persecution of the hierarchy and believers of the UOC, the ineffectiveness of the investigation by the law enforcement system of Ukraine of statements by clergy and believers of the Holy Dormition Kyiv-Pechersk Lavra about the violations committed against them."

Earlier, the UOJ reported that the court hearing on the eviction of the brethren from the Lavra was postponed for a month.

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