Legal Qualification of Persecution of Clergy and Seizure of Religious Buildings
Article 35 of the Constitution of Ukraine guarantees everyone the right to freedom of thought and religion. This right includes freedom to practice any religion or none at all, to freely perform religious rites and ceremonies individually or collectively, and to conduct religious activities. Churches and religious organizations in Ukraine are separated from the state. On temporarily occupied territories, the Russian Federation systematically violates this provision by suppressing religious freedoms, persecuting clergy, and seizing churches to impose ideologically controlled religious structures, primarily the Russian Orthodox Church.
Key Provisions of the Constitution of Ukraine
- “Everyone has the right to freedom of thought and religion.”
- “The exercise of this right may be restricted by law only in the interests of public order, health, and morality, or to protect the rights and freedoms of others.”
- “Churches and religious organizations in Ukraine are separated from the state, and schools are separated from churches.”
Religious Persecution: Targeting clergy of the Orthodox Church of Ukraine (OCU), the Greek-Catholic Church, as well as Protestant and Muslim communities, serves to suppress Ukrainian identity. Forced subordination of churches to the Russian Orthodox Church and confiscation of religious property are classified as war crimes and violations of freedom of conscience. Examples include the seizure of the OCU Cathedral in Kherson, arrest of OCU priests in Melitopol, and blockage of Protestant community activities in occupied Mariupol.
Evidence of Violations (Persecution and Seizure)
- Persecution of clergy: Illegal arrests, kidnappings, torture, and deportation of priests refusing to cooperate with the occupation authorities or belonging to “non-canonical” confessions for Russia.
- Seizure of religious buildings: Forced confiscation of churches, prayer houses, and religious centers from OCU and other denominations, followed by transfer to structures controlled by the Russian Orthodox Church or occupation authorities.
- Ban on religious activities: Complete prohibition on holding services and rituals for religious organizations not loyal to Russia, directly restricting freedom of religion.
- Destruction of religious sites: Targeted or indiscriminate shelling of places of worship, including historical churches and mosques.
Relation to Other Articles
- Art. 438 of the Criminal Code of Ukraine (CCU) — violation of laws and customs of war, including cruel treatment and destruction of cultural/religious heritage.
- Art. 146 CCU — illegal deprivation of liberty in the case of clergy kidnappings.
- Art. 442 CCU — genocide, in cases demonstrating intent to destroy the religious component of the national group.
Legal Consequences
Violation of Article 35 of the Constitution provides evidence of policies of cultural and religious assimilation and repression in occupied territories. Documentation of these crimes forms the basis for international prosecution for war crimes and crimes against humanity.
Sources
- Constitution of Ukraine: Article 35 (Text)
- Related Article: Art. 438 CCU (Violation of the Laws of War) →
- Related Article: Art. 127 CCU (Torture) →
© 1996 — Constitution of Ukraine. Analysis of Violations.
Source: The Aggression Archive