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H. v. GREECE

Doc ref: 16319/90 • ECHR ID: 001-898

Document date: April 8, 1991

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H. v. GREECE

Doc ref: 16319/90 • ECHR ID: 001-898

Document date: April 8, 1991

Cited paragraphs only

AS TO THE ADMISSIBILITY OF

Application No. 16319/90

by H.

against Greece

The European Commission of Human Rights sitting in private

on 8 April 1991, the following members being present:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

S. TRECHSEL

E. BUSUTTIL

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H.G. SCHERMERS

H. DANELIUS

Sir Basil HALL

Mr. F. MARTINEZ RUIZ

Mrs. J. LIDDY

MM. L. LOUCAIDES

J.-C. GEUS

M.P. PELLONPÄÄ

Mr. H.C. KRÜGER, Secretary to the Commission

Having regard to Article 25 of the Convention for the

Protection of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 19 September 1989

by H. against Greece and registered on 19 March 1990

under file No. 16319/90;

Having regard to the report provided for in Rule 47 of the

Rules of Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The facts of the case as submitted by the applicant may be

summarised as follows:

The applicant is a Greek citizen born in 1936 and residing in

Thessaloniki. He is a Jehovah's Witness.

In 1988 the applicant requested the municipal authorities of

the City of Thessaloniki to register himself and the member of his

family in the registry (demotologio) of the city of Thessaloniki. The

registration was refused allegedly because the applicant and his

family were Jehovah's Witnesses.

Subsequently the applicant addressed himself to the Prefecture

of Thessaloniki, the Minister of Macedonia and Thrace and the Minister

of Justice complaining that the city of Thessaloniki's refusal was

illegal. Further complaints were addressed to the Prime Minister and

the Minister of Justice in 1989.

In December 1989 the applicant was informed by the municipal

authorities that they would provide him with a registration

certificate (pistopoiitiko demotologiou).

The applicant requested that the certificate indicate that

his religion is "Christian Jehovah's Witness". However, the

authorities refused this inscription. They referred to a directive of

30 June 1989 by the Prefecture of Thessaloniki which reads as follows:

"Subject-matter: indication on registration

certificate, certificates of birth etc. of the

religion of Jehovah's Witnesses:

Ref: Document No. 2252/13.6.1989 of the Minister

of Interior.

The Minister of the Interior has drawn the attention

of the Prefecture to the fact that several municipal

authorities have issued certificates indicating

as religion of the interested 'CHRISTIAN JEHOVAH's WITNESS'

instead of the correct 'JEHOVAH's WITNESS'.

We recall the directives No. 462/31-12-1977 of the

Permanent Holy Synod of the Church of Greece and

No. 2957/27-7-1978 of the Ministry of National

Education and Religion concerning the religion of

Jehovah's Witnesses and the inscription of this

religion in certificates. We draw your attention

to the fact that the instruction contained in the

above should be strictly followed."

On 11 December 1989 the certificate issued to the

applicant indicated that he was "Jehovah's Witness".

On 18 January 1989 the applicant complained to the Minister

of the Interior. He received no reply.

COMPLAINTS

The applicant complains of the practice of the authorities of

the City of Thessaloniki which refuse to provide him with a

certificate indicating that he is a Christian Jehovah's Witness. He

submits that the above practice, dictated by the Orthodox Church of

Greece, violates his rights under the Convention.

THE LAW

The applicant complains that the municipal authorities of

Thessaloniki refused to issue him with a certificate indicating

that he is a Christian Jehovah's Witness.

The Commission considers that this complaint falls under the

scope of Article 9 (Art. 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.

However, the Commission is not required to decide whether or

not the facts alleged by the applicant disclose any appearance of a

violation of this provision as, under Article 26 (Art. 26) of the

Convention, it may only deal with a matter after all domestic remedies

have been exhausted according to the generally recognised rules of

international law.

In the present case the applicant failed to lodge with the

administrative courts an appeal challenging the legality of the

refusal of the municipal authority under the provisions of the Greek

Constitution or of the Convention which is directly applicable in

Greece. Therefore, the applicant has not exhausted the remedies

available to him under Greek law. Moreover, an examination of the

case as it has been submitted does not disclose the existence of any

special circumstances which might have absolved the applicant,

according to the generally recognised rules of international law, from

exhausting the domestic remedies at his disposal.

It follows that the applicant has not complied with the

conditions as to the exhaustion of domestic remedies and his

application must be rejected under Article 27 para. 3 (Art. 27-3) of

the Convention.

For these reasons, the Commission unanimously

DECLARES THE APPLICATION INADMISSIBLE.

Secretary to the Commission President of the Commission

(H. C. KRÜGER) (C. A. NØRGAARD)

LEXI

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