Background

In Church of Scientology Moscow and Others v Russia [2021] ECHR 1076, the Third Section ECHR considered complaints about the banning of Scientology literature, the authorities’ refusal to register the Church of Scientology Moscow as a religious organisation and about its forced dissolution [1], arguing violations of Articles 9, 10 and 11 ECHR.

The Government’s case

The Russian Government argued that statements directed against the Convention’s underlying values had been removed from the protection of Article 10 by Article 17 (prohibition of abuse of rights), which reads:

“Nothing in [the] Convention may be interpreted as implying for any state, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention” [34].

Further, it argued that that the Court did not have jurisdiction ratione loci to consider the complaints submitted by two of the applicants – New Era Publications International and  the International Church of Scientology – because they were registered and located in Denmark and the US [37].

The judgment
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