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KUZNETSOV AND OTHERS v. RUSSIA - 184/02 [2007] ECHR 34 (11 January 2007)
URL: http://www.bailii.org/eu/cases/ECHR/2007/34.html
Cite as:
(2009) 49 EHRR 15,
[2007] ECHR 34,
49 EHRR 15
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FIRST
SECTION
(as
composed before 1 April 2006)
CASE OF
KUZNETSOV AND OTHERS v. RUSSIA
(Application
no. 184/02)
JUDGMENT
STRASBOURG
11
January 2007
This
judgment will become final in the circumstances set out in Article 44
§ 2 of the Convention. It may be subject to editorial
revision.
In the case of Kuznetsov and Others v. Russia,
The
European Court of Human Rights (Former Section I), sitting as a
Chamber composed of:
Mr C.L. Rozakis, President,
Mr P.
Lorenzen,
Mrs S. Botoucharova,
Mr A. Kovler,
Mr V.
Zagrebelsky,
Mrs E. Steiner,
Mr K. Hajiyev, judges,
and Mr S. Nielsen, Section
Registrar,
Having
deliberated in private on 7 December 2006,
Delivers
the following judgment, which was adopted on that date:
PROCEDURE
The
case originated in an application (no. 184/02) against the Russian
Federation lodged with the Court under Article 34 of the Convention
for the Protection of Human Rights and Fundamental Freedoms (“the
Convention”) by Mr Konstantin Nikanorovich Kuznetsov and one
hundred and two other Russian nationals whose names are listed in the
schedule (“the applicants”), on 17 December 2001.
The
applicants were represented before the Court by Mr A. Leontyev and Mr
J. Burns, lawyers practising in St. Petersburg and Mr R. Daniel,
a barrister of the Bar of England and Wales. The Russian
Government (“the Government”) were represented by Mr P.
Laptev, Representative of the Russian Federation at the European
Court of Human Rights.
The
applicants alleged, in particular, a violation of Articles 8, 9, 10
and 11 of the Convention, taken alone or in conjunction with Article
14 of the Convention, in that their meeting for religious worship had
been unlawfully disrupted. They further complained under Articles 6
and 13 of the Convention that they had been denied a fair hearing and
an effective remedy for their grievances.
A
hearing took place in public in the Human Rights Building,
Strasbourg, on 9 September 2004 (Rule 54 § 3).
There appeared before the Court:
(a) for the Government
Mr P. Laptev,
Representative of the Russian Federation at the European Court of
Human Rights,
Mr Y. Berestnev, Counsel,
Mr D.
Yuzvikov, Adviser;
(b) for the applicants
Mr R.
Daniel, Counsel,
Mr A. Leontyev,
Mr J. Burns, Advisers.
The
Court heard addresses by Mr Laptev and Mr Daniel.
By
a decision of 9 September 2004, following the hearing on
admissibility and the merits, the Court declared the application
partly admissible.
The
applicants, but not the Government, filed further written
observations on the merits (Rule 59 § 1).
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
The
applicants are Jehovah's Witnesses. The applicant Mr
Konstantin Nikanorovich Kuznetsov is a representative of the
Administrative Centre of Jehovah's Witnesses in Russia. The other
applicants are members of the Chelyabinsk community of Jehovah's
Witnesses.
A. Background of the case
1. Registration of the Chelyabinsk community
Between
1997 and 2001 the Chelyabinsk community of Jehovah's Witnesses filed
twelve applications for State registration with the regional
Department of the Ministry of Justice. Their applications were
refused on 17 May 1996, 20 June and 3 November 1997, 21
January, 30 April, 28 June, 15 July and 16 December 1999, 30 June and
17 August 2000, 11 May and 24 September 2001. Each refusal was
justified by reference to alleged formal defects in the registration
documents.
The
applicants complained to a court. On 24 July 2002 the Tsentralniy
District Court of Chelyabinsk ruled that the refusal of 24 September
2001 had been unlawful. On 28 October 2002 the Chelyabinsk Regional
Court upheld this decision and ordered the registration of the
Chelyabinsk community of Jehovah's Witnesses. On 31 March 2003 the
community was officially registered by the Chief Directorate of the
Ministry of Justice for the Chelyabinsk Region.
2. Criminal investigation into the local community of
Jehovah's Witnesses
In the applicants' submission, Ms Yekaterina Gorina,
appointed by the Chelyabinsk Regional Governor as Chairwoman of the
regional Human Rights Commission (“the Commissioner”),
had attempted on several occasions to initiate criminal proceedings
against the Chelyabinsk community of Jehovah's Witnesses on the
ground that the community had “lured” young children into
their “sect”.
On
25 May 1999 a senior investigator with the Chelyabinsk town
prosecutor's office found no indications of a criminal offence and
decided not to open a criminal investigation into the activities of
the members of the Jehovah's Witnesses' community.
Following
the Commissioner's intervention, the decision of 25 May 1999 was
reversed and an additional inquiry was ordered.
On 3 March 2000 the deputy Chelyabinsk town prosecutor
again dismissed the allegations against the members of the Jehovah's
Witnesses' community on the ground that no evidence pointing towards
a criminal offence could be found.
3. Negotiation of the lease agreement
On
6 February 1999 Mr Z., a member of the local community of Jehovah's
Witnesses, acting on behalf of the Administrative Centre of the
Religious Organisation of Jehovah's Witnesses, negotiated a lease
agreement with Mr U., principal of vocational training college no. 85
in Chelyabinsk, in respect of the college auditorium and associated
facilities. According to Article 1.1 of the lease agreement, the
premises were rented for the purpose of holding religious meetings on
Tuesdays between 7 a.m. and 9 p.m. and on Sundays between 10
a.m. and 4 p.m., outside the normal college teaching hours.
The
lease agreement was intended to run from 7 February to 31 December
1999. It also contained a provision that it would be automatically
renewed on the same terms and conditions and for the same period
unless either side gave one month's advance notice of its intent to
terminate the agreement. No such notice appears to have been given by
either party. Thereafter the agreement continued to run for the
extended one-year period, but with the lessees only authorised to
terminate it subject to two months' notice in writing. There was no
reciprocal power for the college to terminate the agreement during
the extended period.
By
April 2000 the applicants had been using the college facilities for
fourteen months and had paid their rent on time and in accordance
with the terms and conditions. As a means of raising additional
revenue for the college, its principal entered into similar lease
agreements with four other organisations.
4. Attempts to terminate the lease agreement
On
31 March 2000 the Chief Directorate for Vocational Training and
Science of the Chelyabinsk Regional Administration issued an order
prohibiting all educational establishments in the Chelyabinsk Region
from renting out their premises for religious services, meetings, and
so forth.
On
12 April 2000 the Commissioner, together with an unidentified senior
police officer, visited Mr U., principal of college no. 85, and
attempted to persuade him to terminate the lease agreement with the
applicants. The principal refused the request. The Commissioner
demanded to see the agreement and took a photocopy of it. She then
asked a number of detailed questions about the days and times of the
Jehovah's Witnesses' meetings. The principal provided the
information.
B. Alleged disruption of a religious meeting on 16
April 2000
On
Sunday 16 April 2000, in accordance with the lease agreement, the
Jehovah's Witnesses used the college facilities. Two consecutive
meetings were on the agenda. The first meeting ended without
incident.
The second meeting, from 1.30 to 3.30 p.m., was of a group with
special needs; most of the participants were profoundly deaf. Many of
those in attendance were elderly and also had impaired vision. A
person trained in sign language provided interpretation at the
meeting, the purpose of which was to study the Bible and join in
public worship. The meeting was open to the general public:
attendants were positioned near the entrance to the meeting place to
greet newcomers and assist with seating.
The
first part of the meeting was a talk given from the platform by Mr
Kuznetsov, who had a mastery of sign language. There were 159 persons
present, including all the applicants.
At
some time between approximately 2.10 and 2.15 p.m. the Commissioner
entered the foyer which gives access from the street to the meeting
place, holding a child by the hand. The applicant
Mr Setdarberdi Oregeldiev, who is profoundly deaf but has
no speech impairment, was the attendant on duty. He went out into the
foyer to greet the Commissioner and the child and show them to a
seat. Realising that the visitor was not deaf, another applicant, Mr
Dmitri Gashkov, who did not have impaired speech or hearing, went to
assist. He invited the Commissioner into the meeting hall and offered
her a chair; she refused and said that the police were about to
arrive.
After
this brief exchange the Commissioner left the foyer. The speaker went
on with his talk, which ended at approximately 2.25 p.m.
The
second part of the meeting was conducted in sign language. This part
was in progress, with about 15 minutes left and 45 minutes to go
before the end of the contracted rental time of 4 p.m., when the
Commissioner again entered the foyer, this time without the child.
She was now accompanied by Mr Tomskiy, managing director of the
Commissioner-affiliated commercial company Man. Law. Power, and by
two senior police officers, Mr Vildanov, deputy head of the
District Inspectors' Service of the Traktorozavodskiy Police
Department of Chelyabinsk, and Mr Lozovyagin, a senior district
inspector with the same department. Mr Tomskiy was holding and using
a camcorder to film.
The Commissioner led the way forward and walked to the
threshold of the door into the meeting hall. Mr Tomskiy was a short
distance behind, filming with the camcorder. One of the applicants,
Ms Lappo, who was not hearing-impaired and was sitting close to the
door in a position to observe the events, later testified before the
District Court as follows:
“On 16 April 2000 a woman accompanied by two
police officers and a man in plain clothes came to the meeting. They
stood in the entrance so that I couldn't see the programme. The
Commissioner said to one of the men 'Stop the meeting', but he
hesitated and said 'But they are deaf mutes'.
I told one of the congregation to go and get Konstantin
[Kuznetsov]. When Konstantin came out to them there was a
conversation with raised voices. The Commissioner asked if there were
children in the hall and whether they were all with their parents.
Then they asked Konstantin for his passport in an unpleasant
manner...
...When I found out who the Commissioner was I was very
displeased. I demand that you fire her from her position in the Human
Rights Commission...”
When
asked by the judge what the Commissioner had said to the police
officer, Ms Lappo responded:
“She said: 'You – go up on to the stage and
say that the congregation has to disperse'.”
Mr
Kuznetsov approached the Commissioner and the police officers. As he
was standing in the doorway with his back to the meeting hall, the
police officer Mr Lozovyagin asked him for his identity papers. He
also asked Mr Kuznetsov whether he had a registered residence in
Chelyabinsk. Mr Lozovyagin testified before the District Court as
follows:
“So I asked him [Kuznetsov] to show me his
passport. It showed that he was registered in the Krasnodar Region. I
told him that he did not have the right to conduct arrangements
without documents”.
Mr
Kuznetsov submitted that that statement had been incorrect; it was
true that his registered place of birth was in the Krasnodar Region,
but he also had a properly and lawfully registered temporary
residence in Chelyabinsk.
In his testimony before the District Court, Mr
Lozovyagin continued as follows:
“I told Kuznetsov that their organisation did not
have the right to conduct its activities without the appropriate
documents. He promised to bring the documents to the police station.
I asked him to produce the documents. He said 'They exist and are
elsewhere', but which documents and where he did not say. I asked him
for a document confirming his relationship to the organisation...”
Responding
to the judge's question about the violations of law and order that he
had observed, Mr Lozovyagin said:
“Yes, to start with a meeting of an organisation
whose activities could not be confirmed by any documents... By law I
had to stop the activities until the documents were produced.”
This
was confirmed by the police officer Mr Vildanov who spoke as follows
before the District Court:
“Lozovyagin said that the meeting should no longer
be conducted and that documents should be prepared giving permission
[for services of worship in educational establishments].”
In
their written submissions on the admissibility and merits of the
case, the Government indicated that Mr Lozovyagin had invited Mr
Kuznetsov to cancel all events until such time as the appropriate
documents had been produced.
Mr
Kuznetsov submitted that he had been faced with authoritarian demands
and the intimidating behaviour of the Commissioner and the police and
had thought it best to comply. He described the situation in the
following manner:
“I believe that we were conducting the meetings on
a lawful basis. Pressure was being put on me. Tomskiy gave me an
official warning. I was afraid they would start removing those
present at the meeting by force. Vildanov and Lozovyagin were in
uniform. I understood that they were in a position of authority and
must be obeyed...”
Mr Kuznetsov went to the platform, interrupted the
Bible discussion and made an announcement in sign language: “Police.
We have to submit”. The attendees offered no resistance. They
gathered their personal belongings and filed out of the meeting place
and the foyer. The Commissioner and the police officers stood outside
the building and watched; Mr Tomskiy was no longer filming.
According
to the applicants, the Commissioner came up with several conflicting
and mutually exclusive versions of her role in the events. Initially
she maintained that the visit had been purely for the purpose of
fact-finding; that neither she nor the police had done anything to
cause the meeting to be stopped; and that Mr Kuznetsov had stopped
the meeting entirely of his own free will. As the case progressed and
more evidence was heard from eyewitnesses who testified to the part
played by her and the police, the Commissioner eventually admitted
that steps had indeed been taken to stop the meeting; however, she
blamed the police. She insisted that she had made no demands to Mr
Kuznetsov as the operation had been organised and carried out by the
police officials. At the trial, however, she was pressed to say that
she had agreed with and supported the police decision. Finally, in
explaining her agreement with the police decision and when pressed as
to why, as Chairwoman of the Human Rights Commission, she had given
her agreement, she gave the following answer:
“I still consider these actions to be lawful –
I was defending the rights of all the children who study at college
no. 85.
[Question:] In which documents is information about the
danger of Jehovah's Witnesses to the neighbourhood contained?
[The Commissioner:] As far as I'm concerned, the reports
in the press are sufficient.”
C. Termination of the lease agreement
On
17 April 2000, the day after the disruption of the religious meeting,
the principal of college no. 85 informed Mr Z. that the lease
agreement between the college and the community of Jehovah's
Witnesses would be terminated as of 1 May 2000 “because of
certain irregularities committed by the college administration at the
time of its signing”.
D. The applicants' complaints and judicial proceedings
1. Complaint to a prosecutor's office
On
an unspecified date the applicants complained to the Chelyabinsk town
prosecutor about the actions of the Commissioner and the police
officers. They requested a criminal investigation into the officials'
actions.
The prosecutor's office put questions to the
Commissioner, Mr Lozovyagin and Mr Vildanov. In their
written statements of 3 May 2000 the officials claimed that they had
investigated a complaint by a 15-year-old girl who had been “lured”
into the Jehovah's Witnesses “sect”. The Commissioner
stated that “Lozovyagin and Vildanov [had] decided to halt the
event, which was being held by an unknown organisation in sign
language”. Mr Lozovyagin did not deny that he had asked Mr
Kuznetsov for documents and told him that the event would be halted
until such time as they had been produced. Mr Vildanov testified in
the same vein. As to the lawfulness of their actions, all three
officials claimed that, as it was not registered with the State as a
legal entity, the Chelyabinsk community of Jehovah's Witnesses had no
right to hold religious services and that the lease agreement with
the college principal had been null and void.
On
an unspecified date the prosecutor's office decided not to institute
criminal proceedings against the Commissioner and the police
officers.
2. Proceedings before the courts
On
11 July 2000 the applicants filed a civil complaint with the
Sovietskiy District Court of Chelyabinsk alleging unlawful actions on
the part of the Commissioner.
On
13 November 2000 the applicants amended their complaint and joined Mr
Tomskiy, Mr Lozovyagin, Mr Vildanov and Mr Kuryshkin, deputy head of
the Traktorozavodskiy police department, as co-defendants. The
applicants alleged violations of their rights to freedom of religion
and freedom of association, as guaranteed both by the Russian
Constitution and the Convention.
During
the trial the presiding judge did not consent to the use of
audio-recording equipment provided by the applicants' lawyers.
However, this injunction applied only to advocates and one of the
applicants was able to record the trial on a personal audio recorder.
On 25 January 2001 the Sovietskiy District Court of
Chelyabinsk gave judgment. It found it established that the
Commissioner, Mr Tomskiy, Mr Lozovyagin and Mr Vildanov had
arrived at college no. 85 on 16 April on a fact-finding mission to
check whether a religious meeting had been taking place there.
However, as it had been Mr Kuznetsov who had got up on the stage and
announced, in sign language, that the meeting was to end, the
District Court found that the applicants had failed to show that the
religious meeting had been terminated on the defendants' orders. As
regards the assessment of the evidence given by the applicants, the
District Court held as follows:
“Assessing the statements given by certain
plaintiffs, and in particular by Ms Lappo and Ms Kadyrova, who
claimed that they had heard Ms Gorina giving the police officers the
instruction to halt the meeting and that they, in turn, had relayed
it to Mr Kuznetsov... the court takes into account the fact that
these individuals are interested in the outcome of the proceedings
and, for that reason, the court views their submissions critically
...
During the trial, none of the State officials...
admitted to taking action to halt the meeting; their position concurs
with the witness statements given by many of the plaintiffs, who
confirmed that they had not entered the hall but remained in the
foyer”.
The
District Court dismissed the applicants' complaint for their failure
to prove that the early termination of the meeting had been brought
about by the Commissioner and her aides.
The
applicants filed a statement of appeal. They pointed to multiple
admissions by the Commissioner and the police officers, before the
District Court and in their statements to the prosecutor dated 3 May
2000, that they had instructed Mr Kuznetsov to terminate the meeting.
They also submitted that the concordant statements of fifteen
applicants could not be rejected as those of “interested
witnesses” and that the District Court had not specified what
the applicants' “interest” had been, given that no claim
for damages had been filed.
On 28 June 2001 the Chelyabinsk Regional Court, ruling
on an appeal by the applicants, upheld the judgment of 25 January
2001. The Regional Court repeated verbatim the reasoning of the
District Court. It did not address the arguments set out in the
statement of appeal.
3. Complaint to the Ombudsman
The
applicants also complained about the actions of the regional
Commissioner to Mr Mironov, Ombudsman of the Russian Federation.
On
1 December 2000 the Ombudsman sent a letter to Mr Ustinov, the
Prosecutor General of the Russian Federation. The Ombudsman strongly
condemned the use of derogatory terms such as “sect” and
“totalitarian sect” in the documents issued by State
officials. In its relevant part the letter read as follows:
“...In particular, the letter from the deputy
Prosecutor General, Ye.G.Chuganov, to the Chairwoman of the
Governor's Commission for Human Rights in the Chelyabinsk Region,
Ye.V.Gorina, was widely distributed... It recommended using as
reference material on the activity of the Jehovah's Witnesses the
book An Introduction to Sectarianism by A. Dworkin, and the
handbook New Destructive and Occult-Related Religious
Organisations in Russia, prepared by the Missionary Department of
the Moscow Patriarchate [of the Russian Orthodox Church]...
The publication referred to in the letter is highly
condemnatory in respect of certain faiths. It reflects the judgment
of one religious organisation about others and its contents serve to
prove the 'authenticity' of one religion and the 'falseness' of the
other(s)...
The situation is further aggravated by the fact that
Chuganov's letter was used in trials where it was portrayed as
reflecting the official stance taken by the Prosecutor General's
Office of Russia. For example, in Chelyabinsk, in the course of
examination of a complaint by the local community of Jehovah's
Witnesses against the Chairwoman of the regional Commission for Human
Rights Ms Gorina, the latter constantly referred to Dworkin's book as
a handbook recommended by the Prosecutor General's Office that
contained reliable information on the activity of so-called
destructive sects, including the community of Jehovah's Witnesses.
This was used to justify the extremely heavy-handed conduct of the
municipal authorities towards the Jehovah's Witnesses, in particular
their breaking-up, with the aid of the police, of the believers'
prayer meeting being held on the premises which they had been renting
for an extended period of time.”
II. RELEVANT DOMESTIC LAW AND PRACTICE
A. Statutory provisions
1. Constitution of the Russian Federation
Article
29 guarantees freedom of religion, including the right to profess
either alone or in community with others any religion or to profess
no religion at all, to freely choose, have and share religious and
other beliefs and to manifest them in practice.
2. Religions Act of 26 September 1997
The
State may not interfere with the activities of religious associations
provided that they comply with the law (section 4 § 2). State
and other public officials may not use their position to foster any
specific attitude towards a religion (section 4 § 4).
Religious
associations may take the form of either a religious group or a
religious organisation (section 6 § 2). A religious group
carries on its activities without State registration and without
obtaining legal entity status (section 7 § 1). The right to use
rented property for religious purposes is conferred only on
registered religious organisations; religious groups may only use
premises provided by participants (section 22).
Services
of worship and other religious rites and ceremonies may be performed
without interference in buildings and structures intended for worship
and their adjacent areas, and in other premises made available to
religious organisations for these purposes (section 16 § 2).
3. Law of 27 April 1993 on complaints about actions and
decisions impinging upon the rights and freedoms of citizens
A court of general jurisdiction may hear complaints
about actions or decisions of State and public officials which
infringe citizens' rights or freedoms or prevent citizens from
exercising their rights and freedoms. It is incumbent on the
officials concerned to demonstrate the lawfulness of their actions or
decisions (section 2).
4. Education Act of 10 July 1992 (as amended on 16
November 1997)
The Education Act prohibits structural units of
political parties, political and religious movements and
organisations from being set up and operated in State and municipal
educational establishments and education management bodies (section 1
§ 5).
An educational establishment may lease and rent out
property. Rental income must be used for educational needs (section
39 § 11).
B. Case-law of the Supreme Court of the Russian
Federation
On 30 July 1999 a deputy President of the Supreme
Court ruled on the complaint brought by the local authorities of
Kaluga against an elder of the local community of Jehovah's Witnesses
who had allegedly failed to give notice of a religious meeting to the
local authorities:
“...according to the Russian Law on freedom of
conscience and religious associations, the phrase 'without
obstruction' means that no permission from, or clearing of the matter
with, the secular authorities is required for performing religious
ceremonies on premises provided [for that purpose].”
On
14 August 2001 a deputy President of the Supreme Court ruled on a
similar complaint brought by the authorities of Kislovodsk against a
Jehovah's Witness in connection with an allegedly unauthorised
religious gathering:
“According to Article 16 of the Russian Federation
Law on freedom of conscience and religious associations, religious
services and other religious rites and ceremonies can take place
without any interference... in other places made available to
religious organisation for that purpose... Therefore, the local
religious organisation was not required to inform the State authority
of its gathering.”
THE LAW
I. ALLEGED VIOLATION OF ARTICLES 8, 9, 10 AND 11 OF THE
CONVENTION
The
applicants complained under Articles 8, 9, 10 and 11 of the
Convention that on 16 April 2000 they had been prevented from having
a religious meeting without undue interference on the part of the
authorities.
The
Court notes that the main purpose of the applicants' gathering on 16
April 2000 was to join in Biblical study and public worship. In doing
so they undeniably exercised their rights to freedom of expression
and to freedom of peaceful assembly under Articles 10 and 11 of the
Convention. That being said, since the nature of the assembly was
primarily religious and the participants belonged to the religion of
the Jehovah's Witnesses (see Thlimmenos v. Greece [GC], no.
34369/97, § 42, ECHR 2000 IV), the Court will
first examine this complaint from the standpoint of Article 9 of the
Convention, which reads as follows:
“1. Everyone has the right to freedom
of thought, conscience and religion; this right includes freedom to
change his religion or belief and freedom, either alone or in
community with others and in public or private, to manifest his
religion or belief, in worship, teaching, practice and observance.
2. Freedom to manifest one's religion or
beliefs shall be subject only to such limitations as are prescribed
by law and are necessary in a democratic society in the interests of
public safety, for the protection of public order, health or morals,
or for the protection of the rights and freedoms of others.”
A. Whether there has been interference
1. Arguments by the parties
The
Government claimed, firstly, that the applicants had failed to
produce – in the domestic proceedings or before this Court –
any evidence in support of their allegation that the meeting had been
disrupted. In their submission, Mr Kuznetsov, confronted with the
request to produce documents demonstrating the lawfulness of the
community meeting, realised that “the meeting should not be
held” and indicated to the congregation that the meeting should
end. The Government also asserted that the founding documents of the
Jehovah's Witnesses religious organisations did not provide for the
forms of worship mentioned by the applicants – a “worship
meeting” or “religious meeting”.
The
applicants pointed to the overwhelming body of evidence submitted to
the domestic courts, including statements by independent witnesses
such as the college principal, to the effect that the meeting of
their congregation had been disrupted following the arrival of the
Commissioner and her aides. There was no requirement in law to
demonstrate the lawfulness of the meeting or to show that it was
“necessary” or “should be held”. In any
event, Mr Kuznetsov had never made an admission of the kind alleged
by the Government. The Government's attempts to reverse the burden of
proof notwithstanding, it was incumbent on the intervening
authorities to show that the meeting had been unlawful, which they
had been unable and failed to do. As to the form of the meeting in
question, the applicants considered that its actual form – be
it a rite, ceremony, prayer, hymn or other liturgy – was of no
relevance for the legal analysis of the alleged violation.
2. The Court's assessment
As
enshrined in Article 9, freedom of thought, conscience and religion
is one of the foundations of a “democratic society”
within the meaning of the Convention. It is, in its religious
dimension, one of the most vital elements that go to make up the
identity of believers and their conception of life, but it is also a
precious asset for atheists, agnostics, sceptics and the unconcerned.
The pluralism indissociable from a democratic society, which has been
dearly won over the centuries, depends on it. While religious freedom
is primarily a matter of individual conscience, it also implies,
inter alia, freedom to “manifest [one's] religion”.
Bearing witness in words and deeds is bound up with the existence of
religious convictions (see Metropolitan Church of Bessarabia and
Others v. Moldova, no. 45701/99, § 114, ECHR
2001 XII, and Kokkinakis v. Greece, judgment of 25 May
1993, Series A no. 260 A, § 31).
The
Court further reiterates that Article 9 of the Convention protects
acts of worship and devotion which are aspects of the practice of a
religion or belief in a generally recognised form (see C. v. the
United Kingdom, no. 10358/83, Commission decision of 15
December 1983, Decisions and Reports 37, p. 142). It is undeniable
that the collective study and discussion of religious texts by the
members of the religious group of Jehovah's Witnesses was a
recognised form of manifestation of their religion in worship and
teaching. Thus, the applicants' meeting on 16 April 2000 attracted
the protection of Article 9 of the Convention.
The
Government claimed that there had been no interference since the
applicants had interrupted the meeting on their own initiative, once
their attention had been drawn to the fact that they did not have the
appropriate documents for holding it. The Court considers that this
claim is not borne out by the materials produced before it.
There
is nothing in the parties' submissions to indicate that the religious
meeting would have been wound up ahead of time had it not been for
the arrival of the Commissioner and her aides. The Government did not
furnish any alternative explanation or reason for the early
termination of the applicants' meeting. The Court therefore considers
that there was a causal link between their arrival at the site and
the disruption of the meeting.
60. It is not contested that the command to halt the meeting
was given by Mr Kuznetsov, who had gone on stage and indicated, in
sign language, that the police wanted the meeting to end (see
paragraph 29 above). However, in so doing, he was relaying the demand
of the senior police inspector, Mr Lozovyagin, who had told him that
the meeting could not be continued without the appropriate documents
(see paragraphs 27 and 33 above). It further appears that neither
Mr Lozovyagin nor any other person in the Commissioner's team
mastered sign language. For that reason they were unable to
communicate directly with the audience, which consisted mostly of
profoundly deaf applicants. The Court notes the testimony of the
applicant Ms Lappo in the domestic proceedings. She is not
hearing-impaired and witnessed an exchange between the Commissioner
and one of her aides, who claimed to be unable to stop the meeting
because the participants were “deaf mutes” (see paragraph
25 above). The Commissioner then told Mr Kuznetsov to disperse
the gathering. The Court finds that in these circumstances Mr
Kuznetsov merely acted as a medium of communication, passing on the
Commissioner's order.
The
Court further recalls that the responsibility of a State under the
Convention may arise for acts of all its organs, agents and servants,
even where their acts are performed without express authorisation and
even outside or against instructions (see Wille v. Liechtenstein,
no. 28396/95, Commission decision of 27 May 1997, and Ireland v.
the United Kingdom, Commission Report of 25 January 1976,
Yearbook 19, p. 512 at 758). In the present case the Government did
not contest the fact that the Commissioner and the accompanying
police inspectors had acted, or pretended to act, in their official
capacity. The police officers wore uniforms and were perceived by the
applicants as law-enforcement officials. It follows that their
actions engaged the State's responsibility.
In
sum, the Court finds that there has been interference with the
applicants' right to freedom of religion in that, on 16 April 2000,
the State officials caused their religious assembly to be terminated
ahead of time. It will next examine whether this interference was
justified, that is whether it was “prescribed by law”,
whether it pursued one or more legitimate aims enumerated in
paragraph 2 of Article 9 and whether the interference was “necessary
in a democratic society”.
B. Whether the interference was justified
1. Arguments by the parties
The
Government asserted that the meeting had been attended by
hearing-impaired and disabled children without proof of the consent
of their parents or legal guardians. The Commissioner asked the
police officers to assist her in verifying whether this was the case.
In the Government's view, the suspected participation of children had
been sufficient justification for the interference, which was
“prescribed by law” and necessary for the protection of
the health and rights of others.
The
Government further alleged that the applicants had no right to use
the rented premises for religious purposes. Firstly, religious groups
which did not have legal entity status could only use property or
premises provided by their members and the lease agreement between
the Administrative Centre of the Jehovah's Witnesses in Russia and
college no. 85 had therefore been void. Secondly, the Education
Act prohibited religious organisations from being set up or operated
in State or municipal educational establishments, both during and
after school hours, and the lease agreement had therefore been void
ab initio because it contravened this absolute prohibition and
because it had been signed by the college principal acting ultra
vires.
The
applicants pointed out that the Government had not disputed that
there had been no police documents or authorisation for the raid,
that the Commissioner and Mr Tomskiy were civilians and had no legal
authority to take part in a police operation and that they had
travelled to the college by private car and filmed the events with a
private video camera.
The
applicants further submitted that the Government's assertion about
the presence of children without parental consent was untenable in
the light of the facts of the case and unsupported by any evidence.
The Commissioner and police officers had never entered the auditorium
but had remained in the foyer, so they could not see who was inside.
They had only asked Mr Kuznetsov for the documents and never
attempted to establish the identity or parentage of the minors
present or any other information relating to them, either while the
meeting was in progress or after its termination.
In
so far as the Government alleged that the lease agreement had been
void, the applicants contended that the Government's arguments were
factually incorrect and inconsistent. The lease agreement had been
signed not by a religious group which did not have legal entity
status but by the Administrative Centre of the Jehovah's Witnesses in
Russia, that is, the umbrella organisation at national level, which
had legal entity status. The Government had failed to specify on the
basis of which facts or law the legally binding lease agreement, the
terms and mutual obligations of which had been fulfilled by both
parties for more than fourteen months, could be rendered void without
the intervention of a judicial authority. Indeed, the validity of the
agreement on the date in question (16 April 2000) was not
contested and the notice of termination had only been served on the
following day. Moreover, even assuming that there was a defect in the
agreement, this would be a matter inter partes and it would
not justify the disruption by a third-party civilian such as the
Commissioner of a religious meeting held under the agreement.
Lastly,
the applicants challenged the Government's reliance on the Education
Act as a misinterpretation of the law. They pointed out that the
community had been lawfully using an auditorium outside college hours
and without involving college students or staff, whereas the legal
provision invoked by the Government referred only to the setting-up
of “structural units” of religious organisations.
2. The Court's assessment
The
parties disagreed as to whether the interference had been “prescribed
by law”. The Government advanced several legal grounds for the
acts of the Commissioner and her aides; the applicants disputed that
their acts had had any legal basis. The Court will examine these
grounds in turn.
70.
In so far as the Government claimed that the applicants had not
had the appropriate documents for holding the religious meeting, the
Court observes that the Government never specified the nature of the
allegedly missing documents. Furthermore, it notes the consistent
case-law of the Russian Supreme Court to the effect that religious
assemblies do not require any prior authorisation from, or
notification to, the authorities (see paragraph 50 et seq.). It is
striking that the police officer Mr Lozovyagin only asked
Mr Kuznetsov about his registered home address, but did not
specify what other documents he wanted to see (see paragraph 27
above). Although it is in dispute whether Mr Kuznetsov had a
valid registered address in Chelyabinsk or in Krasnodar, this issue
is obviously of no relevance to the legal ability of the other
applicants to hold a service of religious worship. It follows that
the Government's allegation that the applicants lacked the
appropriate documents for the religious meeting has not been made
out.
As
regards the validity of the lease agreement, the Court notes at the
outset that, contrary to the Government's submission, it was entered
into by the organisation of the Jehovah's Witnesses officially
registered at national level rather than by the local religious group
which did not have legal entity status. The lease had no obvious
legal defect and by the date of the events it had been duly fulfilled
by both parties for at least fourteen months. By 16 April 2000 there
had been no eviction order, no pending court proceedings and no other
legal challenges to the validity of the lease agreement. Nor has it
been claimed that the administrative order of 31 March 2000
prohibiting colleges from renting out their premises for religious
meetings had affected the validity of earlier leases retrospectively.
It follows that the applicants had a lawful contractual basis for
using the college premises on 16 April 2000.
The
Government also claimed that the holding of the meeting on the
college premises had been contrary to section 1 § 5 of the
Education Act (cited in paragraph 48 above). The Court observes,
however, that this ground was not relied upon in the domestic
proceedings and that the Government relied on it for the first time
in their pleadings before the Court. In any event, it appears that
the Education Act expressly authorised educational establishments to
rent out their premises (see paragraph 49 above). The provision on
which the Government relied did not prohibit the physical use of
college space by third parties, but rather the clericalisation of
schools through the setting-up of religious structures involving
students and/or staff. In the present case the applicants used the
college premises for their meetings on Tuesday nights and on Sundays,
that is, outside normal college hours, and there is no evidence that
their activities interfered in any way with the educational process
or involved college students or teachers. Thus, the Education Act
could not serve as a legal basis for the interference.
Finally,
the Government alleged that the Commissioner, assisted by two police
officers and one civilian, had come to the meeting to investigate a
complaint about the unauthorised presence of children at a religious
event. The Court observes firstly that no evidence – such as,
for example, a copy of the complaint or materials from a police
investigation – has been produced in support of that
contention. Similar allegations by the Commissioner had been examined
previously by the Chelyabinsk prosecutors, who had found them
unsubstantiated and decided not to institute criminal proceedings
(see paragraphs 10-13 above). Furthermore, the course of action
adopted by the Commissioner suggests that her purpose was to disrupt
the meeting rather than to investigate a complaint of that nature.
Had there been a genuine attempt to investigate the matter, the
identities of the participants in the meeting should have been
established and the presence of children without their parents
ascertained. However, the Commissioner and the accompanying officers
did neither; they did not enter the hall, but stayed behind in the
foyer; the only person who was asked for documents of any kind was
the applicant Mr Kuznetsov, and no checks were carried out after the
termination of the meeting. Moreover, the only list of participants
in the meeting available to the Court is that compiled by the
applicants (see the schedule), and no person on that list was younger
than nineteen at the material time. It follows that the Government's
contention that the Commissioner investigated a complaint is
untenable on the facts.
Lastly, the Court observes that the Government did not
submit any documents relating to the official powers of the
Commissioner and that no such documents were produced in the domestic
proceedings. There are, however, strong and concordant indications
that she acted without any legal basis in pursuance of her private
ends. The involvement of two senior police officers gave her
intervention a spurious authority. However, the police officers were
not formally subordinate to her and she had no authority to give them
orders, such as the one she gave to have the meeting dispersed (see
paragraph 60 above). There was no ongoing inquiry of any kind, nor
had there been any complaint about disturbance of the public order or
any other indication of an offence warranting police involvement.
Thus, as the Court has found above, the legal basis for breaking up a
religious event conducted on the premises lawfully rented for that
purpose was conspicuously lacking. Against that background the Court
finds that the interference was not “prescribed by law”
and that the Commissioner did not act in good faith and breached a
State official's duty of neutrality and impartiality vis-à-vis
the applicants' religious congregation (see Hasan and Chaush v.
Bulgaria [GC], no. 30985/96, § 62, ECHR 2000 XI).
Since the Court has already found that the interference with the
applicants' right was not “in accordance with the law”,
this finding makes it unnecessary to determine whether it pursued a
legitimate aim and was necessary in a democratic society (see
Gartukayev v. Russia, no. 71933/01, § 21,
13 December 2005).
There
has therefore been a violation of Article 9 of the Convention on
account of the disruption of the applicants' religious meeting on 16
April 2000 by the Commissioner and her aides. In these circumstances,
the Court does not consider it necessary to examine the same events
from the standpoint of Articles 8, 10 or 11 of the Convention.
II. ALLEGED VIOLATION OF ARTICLE 14 OF THE CONVENTION,
TAKEN IN CONJUNCTION WITH ARTICLE 9
The
applicants further complained under Article 14 of the Convention,
taken in conjunction with Article 9, that they had been victims of
discrimination on account of their religious beliefs. Article 14
reads as follows:
“The enjoyment of the rights and freedoms set
forth in [the] Convention shall be secured without discrimination on
any ground such as sex, race, colour, language, religion, political
or other opinion, national or social origin, association with a
national minority, property, birth or other status.”
The
Court reiterates that Article 14 has no independent existence, but
plays an important role by complementing the other provisions of the
Convention and the Protocols, since it protects individuals placed in
similar situations from any discrimination in the enjoyment of the
rights set forth in those other provisions. Where a substantive
Article of the Convention or its Protocols has been invoked both on
its own and together with Article 14 and a separate breach has been
found of the substantive Article, it is not generally necessary for
the Court to consider the case under Article 14 also, though the
position is otherwise if a clear inequality of treatment in the
enjoyment of the right in question is a fundamental aspect of the
case (see Chassagnou and Others v. France [GC], nos. 25088/94,
28331/95 and 28443/95, § 89, ECHR 1999 III, and Dudgeon
v. the United Kingdom, judgment of 22 October 1981, Series A no.
45, § 67).
In
the circumstances of the present case the Court considers that the
inequality of treatment, of which the applicants claimed to be
victims, has been sufficiently taken into account in the above
assessment that led to the finding of a violation of a substantive
Convention provision (see, in particular, paragraph 74 above). It
follows that there is no cause for a separate examination of the same
facts from the standpoint of Article 14 of the Convention (see
Metropolitan Church of Bessarabia, cited above, § 134).
III. ALLEGED VIOLATION OF ARTICLE 6 OF THE CONVENTION
The
applicants complained under Article 6 of the Convention that they had
been denied a fair hearing because (i) the trial judge had been
manifestly biased against them and had overtly favoured the
defendants; (ii) they had not benefited from the equality-of-arms
principle; and (iii) the court had refused to admit their evidence
and made findings that had been perverse and unsustainable in the
light of the facts. Article 6, in its relevant part, provides as
follows:
“In the determination of his civil rights and
obligations... everyone is entitled to a fair... hearing ... by
[a]... tribunal established by law...”
A. Arguments by the parties
The
Government submitted that the judgments of the domestic courts did
not disclose any violations of the procedural rights of the parties.
Both parties had submitted their observations to the courts and the
courts had made an impartial, comprehensive and thorough examination
of the evidence before them.
The
applicants submitted that the proceedings had been fundamentally
defective in that the judge had rejected crucial evidence on which
they had sought to rely. They pointed out that the judgment had been
silent on the issue of the credibility of key witnesses, especially
the Commissioner, who had given three mutually exclusive accounts of
the events. The judicial decision had not stated any reasons for
rejecting the evidence given by the applicants.
B. The Court's assessment
After
the prosecutor had decided against initiating a criminal
investigation into the actions of the Commissioner and her aides, the
applicants lodged a civil complaint in accordance with the procedure
for contesting unlawful actions on the part of State officials. The
burden of proof was on the officials concerned to show that their
actions had been lawful (see paragraph 47 above). The domestic courts
rejected the applicants' complaint, finding that they had failed to
show that the religious meeting had been terminated ahead of time on
the orders of the Commissioner and/or the police officers
accompanying her. The evidence produced by the applicants to that
effect was rejected as emanating from “interested witnesses”
(see paragraphs 38 and 40 above).
The
Court reiterates that, according to its established case-law
reflecting a principle linked to the proper administration of
justice, judgments of courts and tribunals should adequately state
the reasons on which they are based. Article 6 § 1 obliges
courts to give reasons for their judgments, but cannot be understood
as requiring a detailed answer to every argument. The extent to which
this duty to give reasons applies may vary according to the nature of
the decision (see Ruiz Torija v. Spain, judgment of
9 December 1994, Series A no. 303-A, § 29). Even
though a domestic court has a certain margin of appreciation when
choosing arguments in a particular case and admitting evidence in
support of the parties' submissions, an authority is obliged to
justify its activities by giving reasons for its decisions (see
Suominen v. Finland, no. 37801/97, § 36, 1
July 2003). A further function of a reasoned decision is to
demonstrate to the parties that they have been heard. Moreover, a
reasoned decision affords a party the possibility to appeal against
it, as well as the possibility of having the decision reviewed by an
appellate body. It is only by giving a reasoned decision that there
can be public scrutiny of the administration of justice (see
Hirvisaari v. Finland, no. 49684/99, § 30,
27 September 2001).
In
the present case the applicants repeatedly – in their oral and
written submissions to the District and Regional Court –
pointed to multiple admissions by the police officers Mr Lozovyagin
and Mr Vildanov that they had instructed Mr Kuznetsov to tell the
audience to end the meeting (see, in particular, their oral testimony
before the District Court in paragraph 27 above and their statements
to the prosecutor in paragraph 33 above). The judgments of the
domestic courts did not address their submissions on that issue and
remained silent on that crucial point. Neither the District nor the
Regional Court explained the reasons for rejecting the evidence given
by those applicants who had been witnesses to the exchange between
the Commissioner, the police officers and Mr Kuznetsov and who
had given concordant testimonies on the matter. The Court is struck
by the inconsistent approach of the Russian courts, on the one hand
finding it established that the Commissioner and her aides had come
to the applicants' religious meeting and that it had been terminated
ahead of time, and on the other hand refusing to see a link between
these two elements without furnishing an alternative explanation for
the early termination of the meeting. Their findings of fact appear
to suggest that the Commissioner's arrival and the applicants'
decision to interrupt their religious service had simply happened to
coincide. That approach permitted the domestic courts to avoid
addressing the applicants' main complaint, namely that neither the
Commissioner nor the police officers had had any legal basis for
interfering with the conduct of the applicants' religious event. The
crux of the applicants' grievances – a violation of their right
to freedom of religion – was thus left outside the scope of
review by the domestic courts which declined to undertake an
examination of the merits of their complaint.
In
these circumstances, the Court finds that the domestic courts failed
in their duty to state the reasons on which their decisions were
based and to demonstrate that the parties had been heard in a fair
and equitable manner. There has therefore been a violation of Article
6 of the Convention.
IV. ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION
The applicants further complaint that they did not
have an effective remedy for a violation of their rights, as required
by Article 13 which reads as follows:
“Everyone whose rights and freedoms as set forth
in [the] Convention are violated shall have an effective remedy
before a national authority notwithstanding that the violation has
been committed by persons acting in an official capacity.”
The
Court reiterates that the role of Article 6 § 1 in relation to
Article 13 is that of a lex specialis, the requirements of
Article 13 being absorbed by more stringent requirements of Article 6
§ 1 (see, among other authorities, Brualla Gómez de la
Torre v. Spain, judgment of 19 December 1997, Reports of
Judgments and Decisions 1997 VIII, § 41).
Consequently, it is unnecessary to examine the complaint under
Article 13 separately.
V. APPLICATION OF ARTICLE 41 OF THE CONVENTION
Article 41 of the Convention provides:
“If the Court finds that there has been a
violation of the Convention or the Protocols thereto, and if the
internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford
just satisfaction to the injured party.”
A. Damage
The
applicants claimed 750 euros (EUR) for each victim of the alleged
violations, or an overall amount of EUR 75,000, in respect of
non pecuniary damage, representing the suffering resulting from
the premeditated violation of their rights by a prejudiced State
official advancing her own political ends to the detriment of a
disadvantaged minority, namely the deaf Jehovah's Witnesses. They
authorised Mr Kuznetsov (the forty-seventh applicant and the
community elder) to receive the sum awarded and to apply it to the
benefit of all the applicants.
The
Government claimed that the amount was excessive and “not
proved by the circumstances of the case”.
The
Court has found that the applicants' religious meeting was disrupted
through unlawful interference by the State officials and that the
applicants did not benefit from a fair hearing. These events affected
a significant number of individuals, many of whom suffered from a
physical disability. The Court considers that the finding of
violations would not constitute sufficient compensation for the
distress and frustration the applicants must have endured. However,
it finds the particular amount claimed excessive. Making its
assessment on an equitable basis, it awards the applicants a global
amount of EUR 30,000, plus any tax that may be chargeable on that
amount, to be paid into the bank account of Mr Konstantin
Kuznetsov on behalf of all the applicants.
B. Costs and expenses
The
applicants were represented in the domestic proceedings by three
Russian lawyers at a rate of EUR 50 per hour and one paralegal at a
rate of EUR 30 per hour, and in the Strasbourg proceedings by Mr
Daniel, a member of the English Bar, at a rate of EUR 200 per hour.
The nature of the applicants' disability made it necessary to employ
specialist translators qualified in Russian, English and deaf
signing. It was also necessary to prepare a verbatim transcript of
the domestic hearings.
The
applicants claimed EUR 91,059 in respect of costs and expenses
relating to their legal representation. This included:
EUR 15,290 for the
preparation of the domestic trial;
EUR 12,700 for their
representation by two Russian lawyers during seventeen days' trial
before the District Court;
EUR 1,190 for a deaf
signing translator during the trial;
EUR 2,428 for other
trial disbursements (meals, travel, etc.);
EUR 2,200 for the
costs of appeal to the Regional Court;
EUR 1,736 for the
preparation of the trial transcript;
EUR 10,657 for the
preparation of the application to the Court and exchange of
observations;
EUR 5,711 for
attending the oral hearing;
EUR 39,147 for Mr
Daniel's fees and travel expenses.
The
Government did not dispute the details of the calculations submitted
by the applicants, submitting that any reimbursement should be
reasonable and cover only real and necessary expenses.
The
Court notes that this case was rather complex, in view of the number
of the applicants and their particular disability, the length of the
domestic proceedings, the seriousness of the violations alleged and
the considerable number of documents involved. There was an oral
hearing before the Court which required additional preparation of
documents and oral submissions. The Court, however, considers
excessive the amount of time spent by counsel on the case. Having
regard to the materials in the case file, it awards the applicants
the entire amount claimed in respect of the domestic proceedings,
that is EUR 35,544, and EUR 25,000 in respect of the Strasbourg
proceedings, plus any tax that may be chargeable on these amounts.
The total amount of EUR 60,544 is to be paid into the bank account of
Mr Konstantin Kuznetsov on behalf of all the applicants.
C. Default interest
The
Court considers it appropriate that the default interest should be
based on the marginal lending rate of the European Central Bank, to
which should be added three percentage points.
FOR THESE REASONS, THE COURT UNANIMOUSLY
Holds that there has been a violation of
Article 9 of the Convention;
Holds that no separate examination of the same
issues under Articles 8, 10 or 11 of the Convention is necessary;
Holds that no separate examination of the
complaint under Article 14 of the Convention is necessary;
Holds that there has been a violation of
Article 6 of the Convention;
Holds that no separate examination of the
complaint under Article 13 of the Convention is necessary;
Holds
(a) that
the respondent State is to pay Mr Konstantin Kuznetsov on behalf of
all the applicants, within three months from the date on which the
judgment becomes final in accordance with Article 44 § 2
of the Convention, the following amounts, to be converted into
Russian roubles at the rate applicable at the date of settlement:
(i) EUR
30,000 (thirty thousand euros) in respect of non-pecuniary damage;
(ii) EUR
60,544 (sixty thousand five hundred and forty-four euros) in respect
of costs and expenses;
(iii) any
tax that may be chargeable on the above amounts;
(b) that
from the expiry of the above-mentioned three months until settlement
simple interest shall be payable on the above amounts at a rate equal
to the marginal lending rate of the European Central Bank during the
default period plus three percentage points;
Dismisses the remainder of the applicants' claim
for just satisfaction.
Done in English, and notified in writing on 11 January 2007, pursuant
to Rule 77 §§ 2 and 3 of the Rules of Court.
Søren Nielsen Christos Rozakis
Registrar President
SCHEDULE – List of applicants
#
|
Name (last name, first
name, and father's name)
|
Year of birth
|
-
|
Abilmazhinov Yertustik Gazizovich
|
1957
|
-
|
Abrosimova Valentina Nikolaevna
|
1931
|
-
|
Akimochkina Anastasia Dmitrievna
|
1933
|
-
|
Alekseyeva Galina Leonidovna
|
1952
|
-
|
Aptasheva Olga Alekseyevna
|
1974
|
-
|
Aptasheva Valentina Alekseyevna
|
1977
|
-
|
Arkadyeva Valentina Mikhailovna
|
1936
|
-
|
Avdieva Valentina Petrovna
|
1951
|
-
|
Batayeva Olga Vasilievna
|
1958
|
-
|
Berchatov Viktor Vasilievich
|
1947
|
-
|
Berkutova Nadezhda Leonidovna
|
1962
|
-
|
Brovina Lyubov Alekcandrovna
|
not known
|
-
|
Butina Nelli Fyodorovna
|
1970
|
-
|
Chernyenko Tatiana Ivanovna
|
1948
|
-
|
Cheskidova Lyudmila Ivanovna
|
1960
|
-
|
Chmykhalo Galina Alekseyevna
|
1948
|
-
|
Chugayeva Anna Stepanovna
|
1935
|
-
|
Fattakhova Darya Ivanovna
|
1925
|
-
|
Fokina Gaishura Gainullovna
|
1953
|
-
|
Fomina Galina Anatolievna
|
1957
|
-
|
Gaas Andrey Aleksandrovich
|
1959
|
-
|
Galyanova Lyubov Stepanovna
|
1952
|
-
|
Gashkov Dmitri Valerievich
|
1975
|
-
|
Gavrilova Tatiana Mikhailovna
|
1969
|
-
|
Gerashenko Tatiana Mikhailovna
|
1962
|
-
|
Goryunova Tatiana Borisovna
|
not known
|
-
|
Grigoriev Aleksei Nikolayevich
|
1975
|
-
|
Grigorieva Natalya Viktorovna
|
1977
|
-
|
Guskova Tatiana Alekseyevna
|
1963
|
-
|
Gusyeva Nina Mikhailovna
|
1947
|
-
|
Israfilova Irina Leonidovna
|
1968
|
-
|
Kadirova Elmira Faskhutdinovna
|
1978
|
-
|
Kapashev Kurgalebek Berkutovich
|
1965
|
-
|
Kapasheva Natalya Anatolyevna
|
1963
|
-
|
Karpushenko Denis Sergeyevich
|
1977
|
-
|
Khamidullina Mavlikha Farkhitovna
|
1959
|
-
|
Khudaigulova Mindiyamal Mansurovna
|
1960
|
-
|
Khusainova Hadezhda Mikhailovna
|
1958
|
-
|
Kochkova Aleksandra Yegorovna
|
1932
|
-
|
Kotov Yevgeniy Vladimirovich
|
1966
|
-
|
Kotova Alyona Petrovna
|
1971
|
-
|
Kovshov Valeriy Nikolayevich
|
1930
|
-
|
Kozhakhmetova Saulye Nabievna
|
1970
|
-
|
Kozhevnikova Lidia Miniyakhmetovna
|
1946
|
-
|
Kozhin Sergei Aleksandrovich
|
1979
|
-
|
Lappo Olga Viktorovna
|
1977
|
-
|
Kuznetsov Konstantin Nikanorovich
|
1970
|
|
Lebsak
Nadezhda Vasilievna
|
1954
|
-
|
Levchenko Oleg Petrovich
|
not known
|
-
|
Levchenko Olga Yurievna
|
1970
|
-
|
Loshmanov Viktor Andreyevich
|
1940
|
-
|
Lyubchenko Gennadiy Vladimirovich
|
1960
|
-
|
Lyubchenko Marina Genadiyevna
|
1981
|
-
|
Lyubchenko Olga Vasiliyevna
|
1960
|
-
|
Makashova Madina Rayinbekovna
|
1976
|
-
|
Malygina Iraida Nikolayevna
|
1956
|
-
|
Mamayev Mikhail Gennadiyevich
|
1972
|
-
|
Markina Vera Vasilievna
|
1956
|
-
|
Matveyeva Lyudmila Vasilievna
|
1961
|
-
|
Morets Fridrikh Ivanovich
|
1947
|
-
|
Morets Tatiana Semionovna
|
not known
|
-
|
Nadyrshinna Inna Rustamovna
|
1981
|
-
|
Nizametdinova Flyura Ivanovna
|
1946
|
-
|
Nizhegorodtseva Galina Borisovna
|
1959
|
-
|
Nurmiyeva Lyudmila Nuritdinovna
|
1959
|
-
|
Ogneva Olga Yevgenievna
|
1963
|
-
|
Oregeldiev Setdarberdi
|
1964
|
-
|
Oregeldieva Galina Fridonovna
|
1962
|
-
|
Ovchinnikova Nina Aleksandrovna
|
1951
|
-
|
Parshukov Andrei Viktorov
|
1973
|
-
|
Parshukova Irina Vladimirovna
|
1975
|
-
|
Peshkova Yelena Valerievna
|
1972
|
-
|
Petrova Lyubov Romanovna
|
1927
|
-
|
Pechenkina Maria Fyodorovna
|
1935
|
-
|
Pidzhakov Sergei Borisov
|
1956
|
-
|
Pidzhakova Larisa Nikolayevna
|
1957
|
-
|
Pleshkova Vera Karlovna
|
1966
|
-
|
Prokhorova Irina Vladimirovna
|
1958
|
-
|
Puzanov Vladimir Aleksandrovich
|
1969
|
-
|
Puzanova Yelena Leonidovna
|
1976
|
-
|
Safiyulin Ruslan Nasritdinovich
|
1977
|
-
|
Samoilova Marina Nikolayevna
|
1963
|
-
|
Samsonova Yekaterina Petrovna
|
1926
|
-
|
Shalakov Vladimir Konstantinovich
|
1941
|
-
|
Shalakova Valentina Pavlovna
|
1950
|
-
|
Shilyayeva Tamara Ivanovna
|
1941
|
-
|
Sinyukin Oleg Vladimirovich
|
1968
|
-
|
Sinyukina Tatiana Vladimirovna
|
1973
|
-
|
Sorokina Vera Alekseyevna
|
1960
|
-
|
Stepina Zoya Sergeyevna
|
1940
|
-
|
Sveshnikova Nina Nikolayevna
|
1947
|
-
|
Taruta Tatiana Alekseyevna
|
1950
|
-
|
Taskayev Ivan Mikhailovich
|
1940
|
-
|
Taskayeva Anna Aleksandrovna
|
1933
|
-
|
Tereschuk Larisa Igoryevna
|
1976
|
-
|
Tereschuk Svetlana Yurievna
|
1964
|
-
|
Tipyao Galina Pavlovna
|
1947
|
-
|
Tipyao Gennadiy Ivanovich
|
1936
|
-
|
Verednikova Anna Borisovna
|
1958
|
-
|
Volosnikova Iraida Vladimirovna
|
1964
|
-
|
Yegorova Yekaterina Grigorievna
|
1979
|
-
|
Zinovieva Lyubov Porfiryevna
|
1927
|
-
|
Zhuravlyova Larisa Yevgenievna
|
1969
|