CONCURRING OPINION OF JUDGE DE MEYER

(Translation)

Proselytism, defined a s "zeal in spreading the faith" [*] , cannot be punishable as such: it is a way - perfectly legitimate in itself - of "manifesting [one ’ s] religion".

In the instant case the applicant was convicted only for having shown such zeal, witho ut any impropriety on his part [*]  .

All that he could be accused of was that he had tried to get Mrs Kyriakaki to share his religious beliefs. Mrs Kyriakaki had let him into her house and there is nothing to show that she asked him at any point to leave; she preferred to listen to what he had to say [*]   while awaiting the arrival of the police, who had been alerted by her hus band, the cantor [*]    .

DISSENTING OPINION OF JUDGE VALTICOS

(Translation)

I regret that I cannot share the opinion of the majority of the Court and I regret just as much that they could not accept my view. My disagreement concerns both the scope of Article 9 (art. 9) and the assessment of the facts in this case.

As regards the scope of Article 9 (art. 9), I am unable to interpret the words "freedom, either alone or in community with others and in public or private, to manifest [one ’ s] religion or belief, in worship, teaching, practice, and observance" as broadly as the majority do. As with all freedoms, everyone ’ s freedom of religion must end where another person ’ s begins. Freedom "either alone or in community with others and in public or private, to manifest [one ’ s] religion", certainly means freedom to practise and manifest it, but not to attempt persistently to combat and alter the religion of others, to influence minds by active and often unreasonable propaganda. It is designed to ensure religious peace and tolerance, not to permit religious clashes and even wars, particularly at a time when many sects manage to entice simple, naïve souls by doubtful means. But even if the Chamber considers that such is not its purpose, that is, at all events, the direction in which its conception may lead.

At this stage a misunderstanding must be removed: it has been maintained that conversations during which a person merely sets out his religious beliefs cannot constitute an attack on the religion of others. In reality, the position in the instant case is quite different. In another case being heard by another Chamber (the Hoffmann c ase [*] ) the Commission states in its report (paragraph 27) that the complainant, who is also a Jehovah ’ s Witness, made visits once a week to spread her faith. In the case of this sect, therefore, what is involved is indeed a systematic attempt at conversion, and consequently an attack on the religious beliefs of others. That has nothing to do with Article 9 (art. 9), which is designed solely to protect the religion of individuals and not their right to attack that of others.

I may add that the term "teaching" in Article 9 (art. 9) undoubtedly refers to religious teaching in school curricula or in religious institutions, and not to personal door-to-door canvassing as in the present case.

This brings me to the present case.

There are three aspects to it: national law, the facts properly speaking and the court decisions.

First of all, the Law: is it precise or does it contain an element of ambiguity, of excessive generality, which might allow of arbitrariness in the application of it as a criminal statute? In my view, there is no room for doubt. The Law deals with, as an offence, "proselytism", which is of course a Greek word and, like so many others, has passed into English and also into French, and which the Petit Robert dictionary defines as "zeal in spreading the faith, and by extension in making converts, winning adherents". This is a far cry from merely manifesting one ’ s belief, as covered by Article 9 (art. 9). Someone who proselytises seeks to convert others; he does not confine himself to affirming his faith but seeks to change that of others to his own. And the Petit Robert clarifies its explanation by giving the following quotation from Paul Valéry : "I consider it unworthy to want others to be of one ’ s own opinion. Proselytism astonishes me."

Whereas the term "proselytism" would, in my view, have sufficed to define the offence and to satisfy the principle that an offence must be defined in law, Greek criminal law, for the avoidance of any ambiguity, gives an illustration of it which, while intended as an explanation and an example (no doubt the commonest one), none the less constitutes a meaningful definition, and that is: "By `proselytism ’ is meant, in particular, any direct or indirect attempt to intrude on the religious beliefs of a person of a different religious persuasion, with the aim of undermining those beliefs, either by any kind of inducement or promise of an inducement or moral support or material assistance, or by fraudulent means or by taking advantage of his inexperience, trust, need, low intellect or naïvety."

This definition of, if one may so term it, rape of the beliefs of others cannot in any way be regarded as contrary to Article 9 (art. 9) of the Convention. On the contrary, it is such as to protect individuals ’ freedom of religious belief.

Let us look now at the facts of the case. On the one hand, we have a militant Jehovah ’ s Witness, a hardbitten adept of proselytism, a specialist in conversion, a martyr of the criminal courts whose earlier convictions have served only to harden him in his militancy, and, on the other hand, the ideal victim, a naïve woman, the wife of a cantor in the Orthodox Church (if he manages to convert her, what a triumph!). He swoops on her, trumpets that he has good news for her (the play on words is obvious, but no doubt not to her), manages to get himself let in and, as an experienced commercial traveller and cunning purveyor of a faith he wants to spread, expounds to her his intellectual wares cunningly wrapped up in a mantle of universal peace and radiant happiness. Who, indeed, would not like peace and happiness? But is this the mere exposition of Mr Kokkinakis ’ s beliefs or is it not rather an attempt to beguile the simple soul of the cantor ’ s wife? Does the Convention afford its protection to such undertakings? Certainly not.

One further detail must be provided. The Greek Law does not in any way restrict the concept of proselytism to attempts at the intellectual corruption of Orthodox Christians but applies irrespective of the religion concerned. Admittedly, the Government ’ s representative was not able to give concrete examples concerning other religions, but that is not surprising since the Orthodox religion is the religion of nearly the whole population and sects are going to fish for followers in the best-stocked waters.

Probably in recent years there have been rather too many prosecutions and the police have been rather too active, but more recently there has been a substantial drop in the number of such prosecutions, and in the present case there was no official prosecution - it was the victim ’ s husband who, on returning home and discovering what the home preacher was up to, raised his voice, which was a strong one, to call the police.

I should certainly be inclined to recommend the Government to give instructions that prosecutions should be avoided where harmless conversations are involved, but not in the case of systematic, persistent campaigns entailing actions bordering on unlawful entry.

That having been said, I do not consider in any way that there has been a breach of the Convention.

PS. Having read certain separate opinions annexed to the judgment, I must express my regret at a number of exaggerations which go so far as to make reference to totalitarian regimes.

I should also like to sound a note of caution with regard to the opinion that "attempting to make converts is not in itself an attack on the freedom and beliefs of others or an infringement of their rights". Certainly that is an expression of moderation and common sense and the Chamber (perhaps even the plenary Court should have dealt with it) very rightly warned against abuses where proselytism is concerned. But faith can sometimes be blind and attempts to spread it can be overzealous. Acts of faith have sometimes culminated in autos- da-fé and questioning on the subject has led to inquisitions, while the names of certain saints have remained associated with excesses committed on their feast days. In matters of faith as in so many other matters, respect for the human person must always be upheld.

At a time when sects enjoying varying degrees of recognition and, sometimes, even adherents of recognised religions resort, under the influence of fanaticism, to all kinds of tactics to obtain conversions, sometimes with tragic results, as has been seen again recently, it is regrettable that the above judgment should allow proselytising activities on condition only that they should not be "improper". Can a convention on human rights really authorise such an intrusion on people ’ s beliefs, even where it is not a forceful one?