Yelensky: There is a risk the UOC could appeal to ECHR and win
The head of DESS suggested the state could lose if European judges see the UOC ban as a violation of freedom of conscience.
DESS head Viktor Yelensky has admitted that the UOC could win a case at the European Court of Human Rights after exhausting all domestic legal remedies in Ukraine.
The head of the State Service acknowledged that UOC representatives have the right to challenge the authorities’ actions at the international level if Ukrainian courts rule in favor of a ban.
According to Yelensky, if a violation of freedom of conscience is established, the European court could side with the faithful. “If the ECHR determines that this relates to the article guaranteeing freedom of conscience, it may issue a ruling,” the official stated.
Yelensky stressed that after exhausting all legal instruments within the country, the UOC has the right to apply to the international court. At the same time, he referred to legal experts who believe the outcome of a case before the ECHR will depend on how exactly the state implements the law banning religious organizations.
As the UOJ reported, the UOC challenged in court the unlawful decision of the Kyiv Regional Council.
