The Court concluded that the alleged lack of precision in the description of the beliefs and rites of the religious association in its constitution was not capable of justifying the refusal of registration, which was therefore not “necessary in a democratic society”.
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| Bulgaria: Ahmadiyya Muslim students from Plovdiv, Sofia and Plevin (file photo) |
Source/Credit: Religion – Weltanschauung – Recht
By Ass. iur. Klaus Kohnen | June 15, 2017
In today’s Chamber judgment in the case of Metodiev and Others v. Bulgaria (application no. 58088/08) the European Court of Human Rights held, unanimously, that there had been: a violation of Article 9 (freedom of religion) of the European Convention on Human Rights construed in the light of Article 11 (freedom of association).
The case concerned the refusal by the authorities to register a new religious association called the Ahmadiyya Muslim Community as a denomination.
The Court found that the sole reason given by the Supreme Court of Cassation for the refusal was the lack of a sufficiently precise and clear indication of the beliefs and rites of the Ahmadi religion in the association’s constitution. The domestic court had concluded that the constitution did not meet the statutory requirements of the Religions Act, which sought to distinguish between the various religions and to avoid confrontation between religious communities.
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