MAY 25, 2023
GREECE

Kokkinakis v. Greece: Landmark ECHR Decision Remains Prominent After 30 Years

Helped Establish Fundamental Religious Rights Throughout Europe

Kokkinakis v. Greece: Landmark ECHR Decision Remains Prominent After 30 Years

May 25, 2023, marks the 30th anniversary of what legal experts consider to be one of the most influential decisions by the European Court of Human Rights (ECHR)—Kokkinakis v. Greece. The decision was the first time the ECHR convicted a country of violating religious freedom. Since 1993, it has been a pillar of religious rights in the 46 member states of the Council of Europe. As certain powerful governments attack our right to freely manifest our beliefs to others in countries such as Russia, the precedents set by Kokkinakis are increasingly relevant.

To this day, the official website of the Council of Europe refers to the Kokkinakis case when describing the protections of the European Convention on Human Rights. The case is taught in law schools and cited in appeals to the European Court.

The Kokkinakis ruling is noted for expounding that “bearing witness in words and deeds is bound up with the existence of religious convictions.” It confirmed that “freedom to manifest one’s religion . . . includes in principle the right to try to convince one’s neighbour, for example through ‘teaching.’”

Judge De Meyer, one of the nine ECHR judges involved in the case, explained in his opinion: “Proselytism, defined as ‘zeal in spreading the faith,’ cannot be punishable as such: it is a way—perfectly legitimate in itself—of ‘manifesting [one’s] religion.’”

The historic decision was the culmination of a half-century legal battle fought by Brother Minos Kokkinakis. Greek authorities arrested Minos in 1938 for violating a law imposed by Greek dictator Ioannis Metaxas criminalizing “proselytism.” Minos, 30 years old at the time, was the first of 19,147 of Jehovah’s Witnesses to be arrested under the law from 1938 to 1992. During those decades, Jehovah’s Witnesses were also subjected to harassment, mistreatment, and physical violence.

Undaunted, Minos continued his ministry. As a result, he was arrested more than 60 times, brought before Greek courts 18 times, spent over six years in prisons and penal islands, and had to pay several fines.

Finally, in 1993 the ECHR acquitted Minos, then 84 years old, and ruled that Greece had violated his freedom of religion. The ECHR ordered that Minos be compensated for his many years of suffering and his legal costs. Minos lived the remainder of his life in Crete. He died in 1999 at the age of 90.

Judge De Meyer affirmed that Minos was not a criminal but “was convicted only for having shown such zeal, without any impropriety on his part.”

The importance of this landmark decision to today’s legal environment was highlighted by Philip Brumley, General Counsel for Jehovah’s Witnesses: “The Kokkinakis ruling established the right to speak to others peacefully about one’s faith. It is the most quoted, most heavily relied upon decision of the ECHR regarding religious freedom, even outside of Europe.”

We credit Jehovah for the resounding Kokkinakis victory and the precedents it has set. We thank him for his wisdom and direction as we continue to ‘defend and legally establish the good news.’—Philippians 1:7.