METROPOLITAN CHURCH OF BESSARABIA
7
AND OTHERS v. MOLDOVA JUDGMENT
of Moldova, which the government had recognised by a decision of
7 February 1993.
The Supreme Court of Justice considered that the case was simply an
administrative dispute within a single Church, which could be settled only
by the Metropolitan Church of Moldova, since any interference by the State
in the matter might aggravate the situation. It held that the State’s refusal to
intervene in this conflict was compatible with Article 9 § 2 of the European
Convention on Human Rights.
Lastly, it noted that the applicants could manifest their beliefs freely, that
they had access to Churches and that they had not adduced evidence of any
obstacle whatsoever to the practice of their religion.
27. On 15 March 1999 the applicants again applied to the government
for recognition.
28. By a letter dated 20 July 1999 the Prime Minister refused on the
ground that the Metropolitan Church of Bessarabia was not a religious
denomination in the legal sense but a schismatic group within the
Metropolitan Church of Moldova.
He informed the applicants that the government would not allow their
application until a religious solution to the conflict had been found,
following the negotiations in progress between the patriarchates of Russia
and Romania.
29. On 10 January 2000 the applicants lodged a further application for
recognition with the government. The Court has not been informed of the
outcome of that application.
3. Recognition of other denominations
30. Since the adoption of the Religious Denominations Act, the
government has recognised a number of denominations, some of which are
listed below.
On 7 February 1993 the government ratified the articles of association of
the Metropolitan Church of Moldova, attached to the patriarchate of
Moscow. On 28 August 1995 it recognised the Orthodox Eparchy of the Old
Christian Liturgy of Chişinău, attached to the Russian Orthodox Church of
the Old Liturgy, whose head office was in Moscow.
On 22 July 1993 the government recognised the “Seventh-Day Adventist
Church”. On 19 July 1994 it decided to recognise the “Seventh-Day
Adventist Church – Reform Movement”.
On 9 June 1994 the government ratified the articles of association of the
“Federation of Jewish (Religious) Communities” and on 1 September 1997
those of the “Union of Communities of Messianic Jews”.
8
METROPOLITAN CHURCH OF BESSARABIA
AND OTHERS v. MOLDOVA JUDGMENT
4. Reaction of various national authorities
31. Since it was first set up, the Metropolitan Church of Bessarabia has
regularly applied to the Moldovan authorities to explain the reasons for its
creation and to seek their support in obtaining official recognition.
32. The government asked several ministries for their opinion about
whether to recognise the applicant Church.
On 16 October 1992 the Ministry of Culture and Religious Affairs
informed the government that it was favourable to the recognition of the
Metropolitan Church of Bessarabia.
On 14 November 1992 the Ministry of Financial Affairs informed the
government that it could see no objection to the recognition of the
Metropolitan Church of Bessarabia.
On 8 February 1993 the Ministry of Labour and Social Protection
declared that it was favourable to the recognition of the applicant Church.
In a letter of 8 February 1993 the Ministry of Education emphasised the
need for the rapid recognition of the Metropolitan Church of Bessarabia in
order to avoid any discrimination against its adherents, while pointing out
that its articles of association could be improved upon.
On 15 February 1993 the Secretariat of State for Privatisation stated that
it was favourable to the recognition of the Metropolitan Church of
Bessarabia, while proposing certain amendments to its articles of
association.
33. On 11 March 1993, in reply to a letter from the Bishop of Bălţi,
writing on behalf of the Metropolitan of Bessarabia, the Moldovan
parliament’s Cultural and Religious Affairs Committee noted that the delay
in registering the Metropolitan Church of Bessarabia was aggravating the
social and political situation in Moldova, even though its actions and
articles of association complied with Moldovan legislation. The committee
therefore asked the government to recognise the applicant Church.
34. A memorandum from the Religious Affairs Department, dated
21 November 1994, summarised the situation as follows:
“For nearly two years an ecclesiastical group known under the name of the
Metropolitan Church of Bessarabia has been operating illegally in Moldovan territory.
No positive result has been obtained in spite of our sustained efforts to put a stop to its
activity (discussions between members of the so-called Church, priests, Mr G.E.,
Mr I.E. ..., representatives of the State and believers from the localities in which its
adherents are active, Mr G.G., Minister of State, and Mr N.A., Deputy Speaker; all the
organs of local and national administrative bodies have been informed of the illegal
nature of the group, etc.).
In addition, although priests and adherents of the Church have been forbidden to
take part in divine service, for failure to comply with canon law, they have
nevertheless continued their illegal activities in the churches and have also been
invited to officiate on the occasion of various public activities organised, for example,
by the Ministries of Defence and Health. The management of the Bank of Moldova
and the National Customs Service have not acted on our request for liquidation of the