METROPOLITAN CHURCH OF BESSARABIA
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AND OTHERS v. MOLDOVA JUDGMENT
problems, particularly the problem concerning the Metropolitan Church of
Bessarabia’s application for recognition.
41. In a letter sent on 10 January 2000 to the applicant Vlad Cubreacov,
the Deputy Attorney-General expressed the view that the government’s
refusal to reply to the Metropolitan Church of Bessarabia’s application for
recognition was contrary to the freedom of religion and to Articles 6, 11 and
13 of the Convention.
42. In a decision of 26 September 2001 the government approved the
amended version of Article 1 of the Metropolitan Church of Moldova’s
articles of association, worded as follows:
“The Orthodox Church of Moldova is an independent Church and is the successor in
law to ... the Metropolitan Church of Bessarabia. While complying with the canons
and precepts of the Holy Apostles, Fathers of the Church and the Ecumenical Synods,
and the decisions of the Universal Apostolic Church, the Orthodox Church of
Moldova operates within the territory of the State of the Republic of Moldova in
accordance with the provisions of the legislation in force.”
43. In a letter received by the Court on 21 September 2001 the President
of the Republic of Moldova expressed his concern about the possibility that
the applicant Church might be recognised. He said that the issue could be
resolved only by negotiation between the Russian and Romanian
patriarchates, since it would be in breach of Moldovan legislation if the
State authorities were to intervene in the conflict. Moreover, if the
authorities were to recognise the Metropolitan Church of Bessarabia, this
would have unforeseeable consequences for Moldovan society.
5. International reactions
44. In its Opinion no. 188 (1995) to the Committee of Ministers on
Moldova’s application for membership of the Council of Europe, the
Parliamentary Assembly of the Council of Europe noted the Republic of
Moldova’s willingness to fulfil the commitments it had entered into when it
lodged its application for membership on 20 April 1993.
These commitments, which had been reaffirmed before the adoption of
the above-mentioned opinion, included an undertaking to “confirm
complete freedom of worship for all citizens without discrimination” and to
“ensure a peaceful solution to the dispute between the Moldovan Orthodox
Church and the Bessarabian Orthodox Church”.
45. In its annual report for 1997 the International Helsinki Federation for
Human Rights criticised the Moldovan government’s refusal to recognise
the Metropoltitan Church of Bessarabia. The report stated that as a result of
this refusal many churches had been transferred to the ownership of the
Metropolitan Church of Moldova. It drew attention to allegations that
members of the applicant Church’s clergy had been subjected to physical
violence without receiving the slightest protection from the authorities.
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METROPOLITAN CHURCH OF BESSARABIA
AND OTHERS v. MOLDOVA JUDGMENT
46. In its 1998 report the Federation criticised the Religious
Denominations Act, and in particular section 4 thereof, which denied any
protection of the freedom of religion to the adherents of religions not
recognised by a government decision. It pointed out that this section was a
discriminatory instrument which enabled the government to make it difficult
for the adherents of the Metropolitan Church of Bessarabia to bring legal
proceedings with a view to reclaiming church buildings which belonged to
them. In addition, the report mentioned acts of violence and vandalism to
which the applicant Church and its members were subjected.
B. Alleged incidents affecting the Metropolitan Church of
Bessarabia and its members
47. The applicants reported a number of incidents during which
members of the clergy or adherents of the applicant Church had allegedly
been intimidated or prevented from manifesting their beliefs.
48. The Government did not dispute that these incidents had taken place.
1. Incidents in Gârbova (Ocniţa)
49. In 1994 the assembly of Christians of the village of Gârbova
(Ocniţa) decided to join the Metropolitan Church of Bessarabia. The
Metropolitan of Bessarabia therefore appointed T.B. as the parish priest.
50. On 7 January 1994, when T.B. went to the church to celebrate the
Christmas mass, the mayor of Gârbova, T.G., forbade him to enter. When
the villagers came out of the church to protest, the mayor locked the door
and, without further explanation, ordered T.B. to leave the village within
twenty-four hours.
51. The mayor summoned a new assembly of the Christians of the
village on 9 January 1994. On that date he informed the villagers that T.B.
had been stripped of his post as the village priest because he belonged to the
Metropolitan Church of Bessarabia. He introduced a new parish priest who
belonged to the Metropolitan Church of Moldova. The assembly rejected
the mayor’s proposal.
52. The mayor called a new assembly of the Christians of the village on
11 January 1994. On that date he introduced to the villagers a third priest,
also from the Metropolitan Church of Moldova. He was likewise rejected by
the assembly, which expressed its preference for T.B.
53. In those circumstances, S.M., the chairman of the parish council,
was summoned by the mayor and the manager of the local collective farm,
who urged him to persuade the villagers to accept T.B.’s removal from
office. The chairman of the parish council refused.