CEDH · CASELAW;CLIN;ENG — 30 novembre 2006

.s3ABFC313 { font-size:10pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .s9FF10068 { margin-top:0pt; margin-bottom:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s5CB9E8AB { margin-top:12pt; margin-bottom:0pt; text-align:justify; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. 91 November 2006 Nolan and K. v. Russia (dec.) - 2512/04 Decision 30.11.2006 [Section I] Article 9 Article 9-1 Freedom of religion Missionary considered a threat to national security and refused re-entry to the country: admissible   Article 5 Article 5-1 Lawful arrest or detention Missionary kept in airport transit area overnight after having been refused re-entry to the country: admissible   Article 14 Discrimination Missionary considered a threat to national security and refused re-entry to the country: admissible   Article 1 of Protocol No. 7 Article 1 para. 1 of Protocol No. 7 Expulsion of an alien Missionary considered a threat to national security and refused re-entry to the country: admissible   The first applicant is a missionary of the Unification Church founded by Rev. Moon. The second applicant is his minor son. They are both U.S. citizens. The first applicant spent nearly eight years as a missionary in Russia (holding a valid visa) before being refused re-entry to the country on secret orders of the Federal Security Service as he was considered a “threat to national security”. He claimed, and it was confirmed by the respondent Government, that he never engaged in any activities other than religious preaching. On his return to Russia from a trip to abroad he was kept overnight in an airport transit area before being able to leave the country. The refused re-entry led to his ten-month separation from his son, of whom he had sole custody. Article   9 – According to the Government, the sole reason for the applicant's exclusion was his activities as a coordinator of the Unification Church's groups in Southern Russia which activity affected private, family and other legitimate interests of others. To the applicant, his exclusion from the country sought to repress the exercise of his rights under Article   9 and to stifle the spreading of his religion. Article   14 (in conjunction with Article   9) – The applicant complains that he was singled out for exclusion as a foreign missionary allegedly posing a threat to Russia's spiritual heritage. Article   8 – Both applicants allege a breach of their right to respect for their family life on account of their forced ten-month separation from one another. Article   5 – According to the applicant, he was detained overnight at the Sheremetyevo Airport in Moscow for at least eight hours. The Government deny that he was detained because his stay in the transit zone was not considered “detention” in the meaning of domestic law. Article   1 of Protocol No. 7 – The applicant complains that his exclusion from Russia was carried out in manifest disregard for the procedural guarantees of Article   1 of Protocol No. 7. The Government deny that this provision is applicable. In their view, the applicant was not “lawfully resident” in Russia because he was on his way back from another country. Admissible with regard to the first applicant's exclusion from Russia; the alleged discrimination against him on the grounds of his religious affiliation; his overnight detention in the transit zone of the Moscow airport; the applicants' separation from each other; and the alleged failure of the Russian authorities to respect the procedural guarantees required in cases of expulsion of aliens.   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes