Постановление Европейского суда по правам человека от 12.02.2009 «Дело Нолан (Nolan) и K. против России» [англ.]

applicant's exclusion from Russia was connected with his exercise of the right to freedom of religion. The Court observes that the applicant came to Russia in 1994 on an invitation of the Unification Church, a religious association officially registered in Russia. He was granted leave to stay which was subsequently extended on an annual basis through invitation from the Unification Church and an associated non-denominational organisation in St Petersburg. In 1999 he moved to Rostov-on-Don to work for the Rostov branch of the Unification Church. There is no indication in the case-file, and it was not claimed by the Government, that the Unification Church or its branches had engaged in activities other than spreading of their doctrine and guiding their followers in the precepts of Rev. Moon's spiritual movement. The religious nature of their activities finds corroboration, by converse implication, in the judgment of the Promyshlenniy District Court of Stavropol which banned an affiliated social organisation for "engaging in religious activities under the guise of a registered social organisation" (see paragraph 13 above).
64. Furthermore, nothing indicates that the applicant held any employment or position outside the Unification Church and its organisations or that he had exercised any activities other than religious and social work as a missionary of the Unification Church. The Government consistently maintained that the threat to national security had been posed by the applicant's "activities" rather than "religious beliefs". However, at no point in the proceedings before the Court did they indicate the nature or character of any non-religious activities which the applicant allegedly may have undertaken. Whereas they vaguely mentioned certain "findings" of the operational and search measures relating to the applicant's "activities", they forfeited the opportunity to substantiate that claim by failing to submit a copy of the report by the Federal Security Service which was repeatedly requested by the Court.
65. Finally, the Court cannot overlook the applicant's submission that the Concept of National Security of the Russian Federation, as amended in January 2000, declared that the national security of Russia should be ensured in particular through opposing "the negative influence of foreign religious organisations and missionaries". The unqualified description of any activities of foreign religious missionaries as harmful to the national security lends support to his argument that his religious beliefs, combined with his status as a foreign missionary of a foreign religious organisation, may have been at the heart of the Russian authorities' decision to prevent him from returning to Russia.
66. On the strength of the parties' submissions and the information emerging from the case-file, the Court finds that the applicant's activities in Russia were primarily of a religious nature and amounted therefore to the exercise of his right to freedom of religion. Having regard to the fact that the applicant was not shown to have engaged in any other, non-religious activities and also to the general policy, as set out in the Concept of National Security of the Russian Federation, that foreign missionaries posed a threat to national security, the Court considers it established that the applicant's banning from Russia was designed to repress the exercise of his right to freedom of religion and stifle the spreading of the teaching of the Unification Church. There has therefore been an interference with the applicant's rights guaranteed under Article 9 of the Convention (see Abdulaziz, Omakaranda, and Lotter cases, all cited above).
67. In order to determine whether that interference entailed a breach of the Convention, the Court must decide whether it satisfied the requirements of Article 9 § 2, that is, whether it was "prescribed by law", pursued a l



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