ECHR opens a case over pressure on UOC by Volyn authorities

The ECHR will review the UOC priest's lawsuit against the authorities. Photo: open sources

On September 7, 2023, the European Court of Human Rights opened proceedings in case No. 22460/23 and sent the corresponding notification, according to the website of the Volyn Diocese of the UOC.

The case is in its initial phase with written procedures. The court hearing will focus on the lawsuit filed by UOC priest from Kivertsi, Oleksandr Kondratiuk, against the local authorities due to a decision by the City Council on August 5, 2022, which called on UOC clergy and believers to begin unification processes with the Orthodox Church of Ukraine (OCU).

On November 22, 2022, the Volyn District Administrative Court denied the priest's lawsuit. On February 16, 2023, the Eighth Administrative Court of Appeal dismissed Fr. Oleksandr's appeal.

Disagreeing with the decisions of the national courts, the priest decided to seek justice at the European Court of Human Rights.

According to the diocese's statement, the basis for the ECHR's review of the national court decisions is “the determination by an international judicial institution, whose jurisdiction is recognized by Ukraine (including the decisions of the European Court), that Ukraine violated its international obligations when adjudicating the case.”

The diocese notes that “if the European Court of Human Rights grants Oleksandr A. Kondratiuk’s complaint, it will establish that the State of Ukraine violated the right to freedom of thought, conscience, and religion, which includes:

• the right (freedom) to practice one’s religion or beliefs alone or collectively;
• the right (freedom) to practice one’s religion or beliefs publicly or privately in teaching, worship, education, performance, and observance of religious practices and rituals.”

Earlier, the UOJ reported that, according to Member of Parliament Artem Dmytruk, the UOC would continue to appeal to international courts and win them.

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