Communicated on 23 March 2017

FIFTH SECTION

Application no. 52884/09 RELIGIOUS COMMUNITY OF JEHOVAH ’ S WITNESSES against Azerbaijan lodged on 28 September 2009

STATEMENT OF FACTS

The applicant, a local religious community of Jehovah ’ s Witnesses (“the applicant community”), is a religious community which was officially registered by the Ministry of Justice on 22 December 1999. It is represented before the Court by Mr R. Cook, Mr A. Carbonneau and Mr R. Kohlhofer , lawyers practising in London, New York and Vienna.

The facts of the case, as submitted by the applicant community, may be summarised as follows.

The applicant community regularly applied to the State Committee for Work with Religious Associations (“the Committee”) for permission to import religious literature. In response to the applicant community ’ s application, on 13 June 2008 the Committee granted in part the applications for a large amount of religious literature. However, on the same date the Committee also refused to give permission for the import of some religious literature containing content which was hostile towards other religions and beliefs.

On 11 July 2008 the applicant community lodged an action against the Committee with the Sabail District Court, asking the court to declare the decision of the Committee unlawful and quash it. Relying on the provisions of the Constitution which provided for freedom to express one ’ s religion and conscience, and freedom to acquire and distribute information, and on Articles 9, 10 and 14 of the Convention, the applicant community submitted that the banned literature was based on holy scripture which aimed to spread spiritual knowledge.

On 3 March 2008 the first-instance court rejected the claim, finding no violation. The court relied on an expert opinion prepared by the Committee confirming that several statements in the books whose import had been forbidden were hostile and insulting towards other (mainly Christian) religions and beliefs.

On an unspecified date the applicant community lodged an appeal against that decision, reiterating the complaints it had submitted to the first-instance court.

On 3 December 2008 the Baku Appeal Court dismissed the applicant community ’ s appeal.

On 16 June 2009 the Supreme Court dismissed a cassation appeal by the applicant community and upheld the decision of the appellate court.

COMPLAINTS

The applicant community complains under Articles 9 and 10 of the Convention that the domestic authorities ’ refusal to allow the import of religious literature constituted an unlawful interference with its right to freedom of religion and freedom of expression.

The applicant community further complains under Article 14, read in conjunction with Articles 9 and 10 of the Convention, that the failure to allow the import of religious literature was caused by discrimination on the grounds of religious belief.

QUESTIONS TO THE PARTIES

1. Has there been an interference with the applicant community ’ s freedom of religion, within the meaning of Article 9 § 1 of the Convention? If so, was that interference prescribed by law and necessary in terms of Article 9 § 2 of the Convention?

2. Has there been an interference with the applicant community ’ s freedom of expression, within the meaning of Article 10 § 1 of the Convention? If so, was that interference prescribed by law and necessary in terms of Article 10 § 2 of the Convention?

3. Has the applicant community suffered discrimination in the enjoyment of its Convention rights on the grounds that it is a religious minority, contrary to Article 14 of the Convention, read in conjunction with Articles 9 and 10 of the Convention? In particular, has the applicant community been subjected to a difference in treatment with regard to importing religious literature? If so, did that difference in treatment pursue a legitimate aim, and did it have a reasonable justification?