METROPOLITAN CHURCH OF BESSARABIA
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AND OTHERS v. MOLDOVA JUDGMENT
C. Incidents affecting the assets of the Metropolitan Church of
Bessarabia
1. Incident at Floreni
82. The Christians of the village of Floreni joined the applicant Church
on 12 March 1996 and formed a local community of that Church on
24 March 1996. They also had a chapel built where mass could be
celebrated.
83. On 29 December 1997 the government adopted decision no. 1203,
granting the Metropolitan Church of Moldova a right of use in respect of the
land on which the chapel built by the Metropolitan Church of Bessarabia
was situated. That decision was confirmed by a decree of 9 March 1998
issued by the Floreni municipal council.
84. Following a request by the Metropolitan Church of Bessarabia for
the right to use the land concerned, in view of the fact that its chapel was
built on it, the National Land Registry replied to the Church’s adherents in
the parish of Floreni that “the local public authorities [were] not able to
adopt such a decision since the Metropolitan Church of Bessarabia [had] no
recognised legal personality in Moldova”.
2. Incident relating to a humanitarian gift from the American
association “The Church of Jesus Christ of Latter-Day Saints”
85. On 17 February 2000 the Metropolitan of Bessarabia asked the
government Committee for Humanitarian Aid to authorise entry into
Moldovan territory of goods to the value of 9,000 United States dollars
(USD) sent from the United States, and to classify the goods concerned as
humanitarian aid. That request was refused on 25 February 2000.
86. On 25 February 2000 the applicant Vlad Cubreacov asked the
committee to inform him of the reasons for its refusal. He pointed out that
the gift (of second-hand clothes), sent by the Church of Jesus Christ of
Latter-Day Saints, had been given a transit visa by the Ukrainian authorities,
who accepted that it was a humanitarian gift. However, the goods had been
held up by the Moldovan customs since 18 February 2000, so that the
addressee was obliged to pay USD 150 per day of storage. The applicant
repeated his request for the goods to be allowed to enter Moldovan territory
as a humanitarian gift.
87. On 28 February 2000 the Deputy Prime Minister of Moldova
authorised the entry of this humanitarian gift into Moldovan territory.
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METROPOLITAN CHURCH OF BESSARABIA
AND OTHERS v. MOLDOVA JUDGMENT
D. Questions relating to the personal rights of the applicant
Church’s clergy
88. Vasile Petrache, a priest of the applicant Church, was refused a
retirement pension on the ground that he was not a minister of a recognised
denomination.
II. RELEVANT DOMESTIC LAW
A. The Constitution of 29 July 1994
89. Article 31 of the Moldovan Constitution, concerning freedom of
conscience, provides:
“1. Freedom of conscience is guaranteed. It must be manifested in a spirit of
tolerance and mutual respect.
2. Freedom of worship is guaranteed. Religious denominations shall organise
themselves according to their own articles of association, in compliance with the law.
3. Any manifestation of discord is forbidden in relations between religious
denominations.
4. Religious denominations shall be autonomous and separated from the State, and
shall enjoy the latter’s support, including facilities granted for the purpose of
providing religious assistance in the army, hospitals, prisons, mental institutions and
orphanages.”
B. The Religious Denominations Act (Law no. 979-XII of 24 March
1992)
90. The relevant provisions of the Religious Denominations Act, as
published in the Official Gazette no. 3/70 of 1992, read as follows:
Section 1 – Freedom of conscience
“The State shall guarantee freedom of conscience and freedom of religion within
Moldovan territory. Everyone shall have the right to manifest his belief freely, either
alone or in community with others, to propagate his belief and to worship in public or
in private, on condition that such worship is not contrary to the Constitution, the
present Act or the legislation in force.”
Section 4 – Intolerance on denominational grounds
“Intolerance on denominational grounds, manifested by acts which interfere with
the free operation of a religious denomination recognised by the State, shall be an
offence punished in accordance with the relevant legislation.”
Section 9 – Religious denominations’
freedom of organisation and operation
“Denominations shall be free to organise and operate freely on condition that their
practices and rites do not contravene the Constitution, the present Act or the
legislation in force.
METROPOLITAN CHURCH OF BESSARABIA
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Where that is not the case, denominations shall not qualify for State recognition.”
Section 14 – Recognition of religious denominations
“In order to be able to organise and operate, denominations must be recognised by
means of a government decision.
Where a denomination fails to comply with the conditions laid down by the first
paragraph of section 9 of the present Act, recognition may be withdrawn under the
same procedure.”
Section 15 – Articles of association
“To qualify for recognition, each denomination shall submit to the Government, for
scrutiny and approval, the articles of association governing its organisation and
operation. The articles of association must contain information on its system of
organisation and administration and on the fundamental principles of its beliefs.”
Section 21 – Associations and foundations
“Associations and foundations which pursue a religious aim, in whole or in part,
shall enjoy religious rights and shall be subject to the obligations arising from the
legislation on religious denominations.”
Section 22 – Clergy, invitation and delegation
“Leaders of denominations having republican and hierarchical rank ..., and all
persons employed by religious denominations, must be Moldovan citizens.
Denominations which wish to take foreign nationals into their employ to conduct
religious activities, or to delegate Moldovan citizens to conduct religious activities
abroad, must in every case seek and obtain the agreement of the State authorities.”
Section 24 – Legal personality
“Denominations recognised by the State shall be legal persons ...”
Section 35 – Publishing and liturgical objects
“Only denominations recognised by the State and registered in accordance with the
relevant legislation may
(a) produce and market objects specific to the denomination concerned;
(b) found periodicals for the faithful, or publish and market liturgical, theological or
ecclesiastical books necessary for practice of the religion concerned;
(c) lay down scales of charges for pilgrimages and touristic activities in the
denomination’s establishments;
(d) organise, within Moldovan territory or abroad, exhibitions of liturgical objects,
including exhibitions of items for sale;
...
For the purposes of the present section, the term ‘liturgical objects’ shall mean
liturgical vessels, metal and lithographic icons, crosses, crucifixes, church furniture,
cross-shaped pendants or medallions framing religious images specific to each
denomination, religious objects sold from door to door, etc. The following items shall
be assimilated with liturgical objects: religious calendars, religious postcards and
leaflets, albums of religious works of art, films and labels portraying places of worship
or objects of religious art, other than those which form part of the national cultural
heritage, products necessary for worship, such as incense and candles, including
decorations for weddings and christenings, material and embroidery for the production
of liturgical vestments and other objects necessary for practice of a religion.”