August 5, 2022 Kivertsi city council of the eighth convocation adopted the decision № 19/2 “On the appeal of deputies of Kivertsi city council of the eighth convocation to the clergy and parishioners of the Ukrainian Orthodox Church of the Moscow Patriarchate (Ukrainian Orthodox Church) Kivertsi territorial community regarding unity with the Local Orthodox Church of Ukraine”. This is reported by the press service of the Volyn diocese of the UOC.
This decision was personally signed by the mayor Oleksandr Kovalchuk.
The above decision was appealed to the Volyn district administrative court, but he denied the claim. The appeal remained unsatisfied, and the decision of the Volyn District Administrative Court remained unchanged.
Not agreeing with such decisions of the national courts, the UOC religious community decided to seek justice in the European Court of Human Rights.
On September 7, 2023, the European Court of Human Rights opened proceedings in case No. 22460/23 and scheduled the case for a written hearing, about which it sent a corresponding communication.
The communication states that if the European Court of Human Rights overturns the decisions of the national courts, it will confirm, likely, errors or provisions that would cast serious doubt on the outcome of the proceedings of the national courts.
If the European Court of Human Rights grants the complaint of Fr. Oleksandr Kondratyuk, rector of St. Nicholas Church of the UOC, it will find a violation by the State of Ukraine of the right to freedom of thought, conscience and religion, which includes:
The right (freedom) to change one’s religion or beliefs;
the right (freedom) to manifest one’s religion or beliefs either alone or with others;
the right (freedom) to manifest one’s religion or belief, either publicly or privately, in teaching, worship, teaching, practice and observance of religion and religious and ritual observances;
A violation by the State of Ukraine of the Convention for the Protection of Human Rights and Fundamental Freedoms will also be found.
