ECHR opens proceedings over the ban of UOC by local authorities in Volyn

Illustrative photo. Source: pravoslavna.volyn

Illustrative photo. Source: pravoslavna.volyn

On September 26, 2024, the ECHR opened proceedings and scheduled the case concerning the illegal ban of the UOC in the Horodyshche community of the Volyn region for written consideration, as stated in a corresponding notification. This was reported by the press service of the Volyn Diocese of the UOC.

Archpriest Valeriy Pylypchuk of the diocese sought through the courts to challenge the legality of the Horodyshche Village Council's decision of June 23, 2022, which banned the activities of UOC churches in this community.

He argued that the village council had severely restricted the community members' right to "freedom of religion, the free conduct of religious rites, or other religious activities." Moreover, neither the Constitution of Ukraine nor the Law of Ukraine "On Local Self-Government in Ukraine" grants the village council the right to suspend UOC activities within the community during martial law.

On February 1, 2023, the Volyn District Administrative Court denied the priest's motion. Father Valeriy filed an appeal, which the Appellate Administrative Court also dismissed. Following this, he prepared an appeal to the European Court of Human Rights.

The diocese notes that the basis for the review of national court decisions is "the determination by an international judicial body, whose jurisdiction is recognized by Ukraine (including a decision by the European Court), of a violation of Ukraine’s international obligations in resolving the case."

"If the European Court of Human Rights rules in favor of Father Valeriy Pylypchuk's complaint, it will establish that the Ukrainian state violated the right to freedom of thought, conscience, and religion. This includes: the right (freedom) to change one's religion or belief; the right (freedom) to practice one's religion or belief individually or collectively; the right (freedom) to practice one's religion or belief publicly or privately through teaching, worship, education, performing, and observing religious practices and rituals. It will also establish that Ukraine violated the Convention for the Protection of Human Rights and Fundamental Freedoms," the statement reads.

The Volyn Diocese emphasizes that Ukraine ranks third in the world in the number of appeals to the European Court of Human Rights. This, they claim, indicates a high level of trust in the European Court against the backdrop of an apparently growing distrust in the national judiciary.

As reported by the UOJ, a conference of human rights defenders and religious scholars condemned the persecution of the UOC.

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