Hierarchs of Local Churches establish organization to defend the Church

On December 19, 2023, a number of hierarchs and priests from Local Orthodox Churches declared the establishment of the International Human Rights Association, according to the pressclub.ch website.

Hierarchs and clergy of Local Orthodox Churches, together with non-governmental organizations with consultative status at the UN ECOSOC, such as Public Advocacy, VSI Zmogaus teisiu apsauga, and the European Institute for Religion and Law, signed an agreement to establish the International Human Rights Association "Church against Xenophobia and Religious Discrimination."

The new human rights association is a response to the violation of the rights of believers of the Ukrainian Orthodox Church in Ukraine.

The coordinating council of the International Association includes: Metropolitan Theodosiy Snigiriev, human rights defender, ruling bishop of the Cherkasy and Kaniv Diocese (Ukrainian Orthodox Church); Metropolitan Jonathan Yeletskikh, leading bishop of the Tulchyn and Bratslav Diocese (Ukrainian Orthodox Church); Metropolitan Timotheos (Margaritis) of Bostra, Exarch of the Holy Sepulcher on the island of Cyprus (Orthodox Church of Jerusalem); Archbishop Theodosius (Hanna) of Sebastia (Orthodox Church of Jerusalem); Metropolitan Mark Arndt of Berlin and Germany (first vice-president of the ROCOR Synod of Bishops); Metropolitan Gabriel Dinev of Lovech (Bulgarian Orthodox Church); Archpriest Dmitriy Sidor, human rights defender, rector of the Exaltation of the Cross Cathedral of Uzhgorod (Ukrainian Orthodox Church).

In the press release posted on the Geneva Press Club website, religious leaders and human rights activists called on the Ukrainian authorities and President Zelensky to stop the violations of the rights of the UOC believers. They also addressed the UN special representatives, the UN High Commissioner for Human Rights, and the UN Human Rights Council with statements on the facts of violations of the rights of this confession.

The press release on the creation of the organization "Church against Xenophobia and Religious Discrimination" states that UN representatives have repeatedly drawn attention to the critical situation and violation of the rights of the UOC.

On March 24, 2023, the Office of the UN High Commissioner for Human Rights published a report on religious freedom in Ukraine for the period from August 1, 2022, to January 31, 2023. The report mentioned bills No. 8221, No. 8262, and No. 8371 (the so-called bills "on the prohibition of the UOC"), as well as expressed concern about the application of the so-called SBU security measures against the UOC.

The report noted that during SBU searches, some UOC clergy were interrogated using a polygraph, and at least three suspicions were brought against them, including "violation of the equality of citizens on the grounds of nationality, religion, encroachment on the territorial integrity and inviolability of Ukraine."

The report emphasized that the UN High Commissioner's Office is concerned that the state's actions against the UOC may have a discriminatory character and reminded of the need to ensure that all persons facing criminal charges enjoy the full range of rights to a fair trial.

Moreover, in the report "Update the Human Rights Situation in Ukraine" for the period from February 1 to April 30, 2023, the Office of the UN High Commissioner for Human Rights recorded a surge in "hate speech" and violence against the Ukrainian Orthodox Church.

The document noted that "During the month of April 2023, the city and regional councils in Khmelnytskyi, Rivne, and Volyn banned the ‘activities of the UOC’ in their respective areas, after the regional councils in Lviv, Zhytomyr, Vinnytsia and Ternopil had done the same, even though such bans were beyond their authority."

In the UN, other "measures regarding the Ukrainian Orthodox Church" have been enumerated: searches in religious buildings and other facilities of the UOC, issuance of suspicion notices to clergy members, and house arrest for some of them, along with the situation concerning the eviction of monks from the Kyiv-Pechersk Lavra.

The document expresses "concern that the cumulative impact of government actions against the UOC may be discriminatory."

On November 17, 2023, Assistant Secretary-General for Human Rights of the Office of the United Nations High Commissioner for Human Rights, Ilze Brands Keris, made critical remarks regarding the first reading of bill 8371 by the Verkhovna Rada of Ukraine.

However, human rights activists from the organization "Church Against Xenophobia and Religious Discrimination" note that the aforementioned response "remains insufficient."

In particular, the following issues raise particular concerns:

1. In 2023, criminal cases were initiated in Ukraine against the hierarchs of the UOC – Metropolitan Theodosiy (Snigirev) of Cherkasy and Kaniv, Metropolitan Jonathan (Yeletskikh) of Tulchyn and Bratslav, Abbot of the Kyiv-Pechersk Lavra, Pavlo (Lebed), and Metropolitan Longin (Zhar) of Bancheny.

Restrictive measures, such as detention and house arrest, have already been applied to these religious leaders, while Metropolitan Ionafan of Tulchyn and Bratslav has been sentenced to a severe penalty – imprisonment for 5 years by the court of first instance (the appellate court is to review the sentence on December 26, 2023).

After conducting a legal analysis of the charges brought against these religious leaders and reviewing the materials of their criminal cases, we have concluded that these criminal proceedings and accusations are unfounded and indicate organized discrimination against the UOC. Essentially, the listed criminal cases amount to persecution for freedom of speech, the protection of UOC believers, and the expression of religious beliefs based on church canons and doctrine.

It is worth noting that the aforementioned cases against UOC metropolitans were opened on charges of allegedly spreading hostile rhetoric (Article 161 of the Criminal Code of Ukraine). At the same time, state authorities never held accountable those individuals who publicly called for the seizure of UOC temples and the commission of other acts of violence against the followers of this denomination. We are aware of hundreds of statements by UOC believers seeking recourse from crimes committed against them, which were left unattended by law enforcement agencies.

This serves as clear evidence of double standards in justice and confirms the existence of a political agenda to deprive UOC believers of their rights, effectively turning it into a persecuted denomination in Ukraine.

2. The Parliament of Ukraine has passed draft law No. 8371 in the first reading, which envisages a complete ban and de jure liquidation of all legal entities affiliated with the Ukrainian Orthodox Church. This law unprecedentedly violates norms of international law and appears as open discrimination against millions of UOC believers based on religious grounds. If this law is adopted, UOC worshipers will be permanently deprived of their temples, land plots, prayer facilities, as well as the ability to practice their faith in the communities they have established.

3. Mass acts of violence against the UOC persist in Ukraine: forcible seizure of temples, coupled with the inaction and occasionally direct involvement of the police; beating up of believers; authorities deciding to expropriate land from UOC religious organizations; and the government initiating legal actions to reclaim temples previously transferred to the UOC through restitution.

4. On December 26, 2023, the next hearing of the appellate court will take place regarding the criminal case of Metropolitan Jonathan (Yeletskikh) of Tulchyn and Bratslav, who was sentenced to 5 years of imprisonment by the court of first instance. Despite the attention given to this case by the UN mission in Ukraine, there is a high risk of a politically motivated verdict, biased and unfair, in the case. If this occurs, in our opinion, the Ukrainian authorities will demonstrate a complete failure and inability to fulfill their international human rights obligations in their territory.

5. The criminal case against Metropolitan Theodosiy (Snigirev) of Cherkasy and Kaniv for alleged hate mongering towards representatives of another denomination is pending. It is essential to consider that on October 9, 2023, Metropolitan Theodosiy addressed the UN Human Rights Council during the consideration of the report of the UN High Commissioner for Human Rights on Ukraine. As the ruling bishop of the Cherkasy and Kaniv Eparchy of the UOC, he reported on mass seizures of temples in his eparchy and other human rights violations. Currently, the Ukrainian authorities insistently demand a change in his pretrial restriction from house arrest to detention, which, in our view, constitutes persecution of the UN human rights defender for his legitimate international activities in the field of human rights.

Human rights activists emphasize that on October 9, 2023, Metropolitan Theodosiy spoke at the UN during the consideration of the report by the UN High Commissioner for Human Rights on Ukraine at the 53rd session of the Human Rights Council. As the head of the Cherkasy and Kanev diocese of the UOC, he reported on mass seizures of churches in his diocese and other human rights violations.

"Currently, Ukrainian authorities insist on changing his pre-trial restriction from house arrest to detention, which, in our view, is persecution of the UN human rights defender for his legitimate international activities in protecting human rights," emphasized the organization "Church Against Xenophobia and Religious Discrimination."

Human rights activists wrote, "By disseminating this press release, we hope for a compassionate response from representatives of the international community and the free press, which continues to play a crucial role in terms of influencing the Ukrainian authorities and can provide practical assistance in defending human rights and reducing injustice and arbitrariness worldwide."

They also stated their interest in receiving from representatives of the international community a "request for additional information, documents, evidence, and testimonies on the topics outlined above."

"Believer-victims and metropolitans of the UOC, including those under investigation, are willing to testify directly to you about their situations, including through interviews or any other preferred communication formats," the press release from the organization "Church Against Xenophobia and Religious Discrimination" stated.

Earlier, the NGO reported that human rights activists discussed violations of the rights of UOC believers at the UN.