Case 113_15
113_15 substantive_scope
15. The Court notes that under Russian law, services of worship in
public were to be performed in accordance with the procedure established
for assemblies (see paragraph 12 above). The ban was imposed under the
rules and procedures governing public assemblies and setting limitations on
freedom of assembly. The issue of freedom of belief cannot in this case be
separated from that of freedom of assembly. The Court therefore considers
that Article 11 takes precedence as the lex specialis for assemblies and will
deal with the case principally under Article 11, whilst interpreting it in the
light of Article 9 (see, for a similar approach, Pendragon v. the United
Kingdom, no. 31416/96, Commission decision of 19 October 1998; Rai,
Allmond and “Negotiate Now” v. the United Kingdom, no. 25522/94,
Commission decision of 6 April 1995; and Plattform “Ärzte für das
Leben” v. Austria, no. 10126/82, Commission decision of 17 October
1985).