European Court of Human Rights in Strasbourg

   The second legal action concerning discrimination against UOGCC

Dear representatives of the European Court in Strasbourg,

on 29th September 2010, the leadership of the Ukrainian orthodox Greek-Catholic Church (UOGCC) lodged a complaint with You against the staff of the State Committee of Ukraine on Matters of Nationalities and Religions, against their department in Lvov (R. Kurash – chief of Lvov Regional Council’s Department on Matters of Nationalities and Religions). Now we are turning to You with the same complaint again. The State Committee and its department at the Regional Council in Lvov are systematically and overtly committing religious discrimination towards our faithful. We also remind about the discrimination on the part of the apostatical hierarchy (Fr. O.Fredyna, 5 St. George’s Square, Lvov). They violate Ukrainian laws on freedom of conscience as well as international and European obligations including those contained in the Convention for the Protection of Human Rights and Fundamental Freedoms of 4th November 1950 with regard to the European Union’s provisions on human rights, in particular Art. 6 and Art. 13 of the EC Treaty and the Charter of Fundamental Rights of the European Union; with regard to Art. 13(1) of the EC Treaty. By adoption of these documents were taken measures to combat discrimination based on religion or belief in view of the Council Directive 2000/43/EC and 2000/78/EC prohibiting direct and indirect discrimination on grounds of religion or belief and Art. 21(1) of the Charter of Fundamental Rights of the European Union which likewise prohibits discrimination based on religion or belief. The EU approved measures to combat discrimination on grounds of religion and belief. Therefore we emphasize again that it is necessary that the Strasbourg Court should justly punish the State Committee of Ukraine on Matters of Nationalities and Religions, the Regional Council in Lvov as well as the above-mentioned Church officials who commit overt and systematic discrimination. In accordance with international laws regarding religious freedom and also in accordance with the rights secured by the Ukrainian state, our Church must be given legal opportunity to celebrate Divine liturgies publicly and be registered.

We are saddened that the Strasbourg Court did not react at all to our legal action, which was sent to You not only by fax but even by official mail. A month went by, and we come to the conclusion that all documents about human rights relating to religion and faith are just a scrap of paper and that the whole so-called struggle against discrimination is directed only to the promotion of perverted privileges of homosexuals to the detriment of defenceless population. Before all Europe we hereby urge the Strasbourg court again to fulfil its obligations which it has publicly committed itself to fulfil and to deal with discrimination against a religious minority in Ukraine. Our Church has several bishops, several priests, more than 60 religious sisters, several monks and about 3,000 believers. All of them are experiencing discrimination by the State Committee on Matters of Nationalities and Religions in Kiev and the Regional Council in Lvov as well as by the Church officials. We are hindered in fulfilling the most basic religious duties. Frequent manifestations that are held by our faithful remain without response.

For almost two years we have been protesting in front of the Regional Council in Lvov. Every day we are standing there with a banner against religious discrimination asking for lawful registration of the UOGCC.

We ask what sense had monitoring of the PACE rapporteurs – Ms Wohlwend and Ms Reps – who in September monitored the issue of discrimination in Ukraine.

The court in Strasbourg imposed a fine of € 70,000 on the Russian government for not granting Jehovah’s Witnesses state registration. We remind You that You are obliged in particular to deal with the illegal prevention of registration of the UOGCC in Ukraine. Unlike Jehovah’s Witnesses, our Church has nothing to do with any harmful sect but it is a Christian Church professing universal moral and spiritual values.

We believe that Your silence is not intentional. Thank You in advance for Your soon intervention against discrimination in relation to religious minority (UOGCC) in Ukraine.

On behalf of the Ukrainian orthodox Greek-Catholic Church

                                                           + Markian Hitiuk OSBMr

                                                 secretary of the UOGCC Bishops’ Synod

                                                                                                                                      Lvov, 1st November 2010

Copies:

-    Presidents and bishops of the Orthodox Churches in Ukraine, Russia, Belarus, Moldova, Georgia, Armenia

-    MPs of the Ukrainian Parliament

-    Presidents of the EU member states

-    Pope Benedict XVI

-    Mass media of Ukraine

Note: Juridical document was sent to You on 29th September 2010