Orthodox church and convent take complaints to administrative court
The Estonian Orthodox Church of the Moscow Patriarchate (MPEÕK) and the Pühtitsa Convent have filed separate complaints with the Tallinn Administrative Court. These complaints seek to address the legal consequences arising from the Riigikogu's declaration that the Moscow Patriarchate supports the Russian Federation's military aggression. They also aim to remove the organizations from the list of entities supporting military aggression.
The appeals to the administrative court stem from disagreement with the Riigikogu's declaration, which fails to exclude the Estonian Orthodox Church of the Moscow Patriarchate (MPEÕK) and the Pühtitsa Convent from the list of entities supporting Russia's military aggression, according to the law firm Sirel & Partners, which represents the complainants.
In a press release, the law firm stated, "The Riigikogu clearly overstepped in making such a declaration, considering that the Russian Orthodox Church is a multi-million and multi-national community of clergy and laity, which includes autonomous churches and monasteries, such as the MPEÕK and the Pühtitsa Convent, within its canonical structure."
The firm noted that the complainants have expressed a clear stance against the war in Ukraine in their previous positions and statements. "The church and the convent have refrained from engaging in secular life and politics and have not disseminated any hostile propaganda. In a situation where the Riigikogu did not consult with representatives of the church and convent before making the declaration, the complainants' right to be heard was violated by unjustified haste and rights-infringing treatment. As a country that respects legal and religious freedom, it is unacceptable for selective treatment of facts in the declaration process to result in a violation of the complainants' rights," the law firm stated.
"In this exceptional but highly important dispute, we are not seeking to reassess the geopolitical situation. We find it necessary to involve the judiciary to assess the threat and damage to the reputation and good name of peaceful religious organizations registered in our country and operating according to our country's laws. Our goal should ultimately align with the state's objective and obligation – to prevent unacceptable and irresponsible interference with the exercise of religious freedom. We expect full accountability, impact analysis and clear, thoughtful communication from the Riigikogu regarding declarations made about individuals, avoiding derogatory tone and hostile language. The complainants cannot agree with the Riigikogu's final conclusion, which places them in a role of supporting military aggression due to circumstances beyond their control and forces them to endure the pressures associated with such a misinterpretation," explained the complainants' legal representatives, sworn advocates Artur Knjazev and Steven-Hristo Evestus.
On May 6, the Riigikogu declared the Moscow Patriarchate of the Russian Orthodox Church an institution supporting Russia's military aggression. In its declaration, the Riigikogu emphasized that this designation pertains to the Moscow Patriarchate as an institution and governing body, not to individuals following Orthodox traditions.
However, the Riigikogu clarified that, according to the Russian Orthodox Church's charter, the Moscow Patriarchate also includes autonomous churches and monasteries. Therefore, the MPEÕK and the Pühtitsa Convent are directly implicated by the Riigikogu's declaration, as noted in the press release.
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Editor: Marko Tooming, Marcus Turovski